Amd V & T L, generally; amd S371, Gen Muni L; amd S87, Pub Off L
Relates to owner liability for failure of operator to comply with traffic control indications in the city of Mt. Vernon; authorizes such city to establish a demonstration program for traffic-control signal photo violation monitoring devices.
STATE OF NEW YORK
________________________________________________________________________
7236--A
IN SENATE
May 7, 2014
___________
Introduced by Sen. HASSELL-THOMPSON -- read twice and ordered printed,
and when printed to be committed to the Committee on Transportation --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the vehicle and traffic law, the general municipal law,
and the public officers law, in relation to owner liability for fail-
ure of operator to comply with traffic-control indications in the city
of Mt. Vernon; and providing for the repeal of such provisions upon
expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 235 of the vehicle and traffic
2 law, as amended by section 1 of chapter 189 of the laws of 2013, is
3 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, twenty-one, and
15 twenty-two of the laws of two thousand nine, or to adjudicate the
16 liability of owners for violations of subdivision (d) of section eleven
17 hundred eleven of this chapter in accordance with section eleven hundred
18 eleven-d of this chapter, or to adjudicate the liability of owners for
19 violations of toll collection regulations as defined in and in accord-
20 ance with the provisions of section two thousand nine hundred eighty-
21 five of the public authorities law and sections sixteen-a, sixteen-b and
22 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
23 hundred fifty, or to adjudicate liability of owners in accordance with
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13339-05-4
S. 7236--A 2
1 section eleven hundred eleven-c of this chapter for violations of bus
2 lane restrictions as defined in subdivision (b), (c), (d), (f) or (g) of
3 such section, or to adjudicate the liability of owners for violations of
4 section eleven hundred eighty of this chapter in accordance with section
5 eleven hundred eighty-b of this chapter, such tribunal and the rules and
6 regulations pertaining thereto shall be constituted in substantial
7 conformance with the following sections.
8 § 1-a. Section 235 of the vehicle and traffic law, as amended by
9 section 1-a of chapter 189 of the laws of 2013, is amended to read as
10 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, twenty-one, and twenty-two of the laws of two thousand nine, or to
23 adjudicate the liability of owners for violations of subdivision (d) of
24 section eleven hundred eleven of this chapter in accordance with section
25 eleven hundred eleven-d of this chapter, or to adjudicate the liability
26 of owners for violations of toll collection regulations as defined in
27 and in accordance with the provisions of section two thousand nine
28 hundred eighty-five of the public authorities law and sections
29 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
30 of the laws of nineteen hundred fifty, or to adjudicate liability of
31 owners in accordance with section eleven hundred eleven-c of this chap-
32 ter for violations of bus lane restrictions as defined in such section,
33 or to adjudicate the liability of owners for violations of subdivision
34 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
35 ter in accordance with section eleven hundred eighty-b of this chapter,
36 such tribunal and the rules and regulations pertaining thereto shall be
37 constituted in substantial conformance with the following sections.
38 § 1-b. Section 235 of the vehicle and traffic law, as amended by
39 section 1-b of chapter 189 of the laws of 2013, is amended to read as
40 follows:
41 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
42 general, special or local law or administrative code to the contrary, in
43 any city which heretofore or hereafter is authorized to establish an
44 administrative tribunal to hear and determine complaints of traffic
45 infractions constituting parking, standing or stopping violations, or to
46 adjudicate the liability of owners for violations of subdivision (d) of
47 section eleven hundred eleven of this chapter in accordance with
48 sections eleven hundred eleven-b of this chapter as added by sections
49 sixteen of chapters twenty, twenty-one, and twenty-two of the laws of
50 two thousand nine, or to adjudicate the liability of owners for
51 violations of subdivision (d) of section eleven hundred eleven of this
52 chapter in accordance with section eleven hundred eleven-d of this chap-
53 ter, or to adjudicate the liability of owners for violations of toll
54 collection regulations as defined in and in accordance with the
55 provisions of section two thousand nine hundred eighty-five of the
56 public authorities law and sections sixteen-a, sixteen-b and sixteen-c
S. 7236--A 3
1 of chapter seven hundred seventy-four of the laws of nineteen hundred
2 fifty, or to adjudicate liability of owners in accordance with section
3 eleven hundred eleven-c of this chapter for violations of bus lane
4 restrictions as defined in such section, or to adjudicate the liability
5 of owners for violations of subdivision (b), (c), (d), (f) or (g) of
6 section eleven hundred eighty of this chapter in accordance with section
7 eleven hundred eighty-b of this chapter, such tribunal and the rules and
8 regulations pertaining thereto shall be constituted in substantial
9 conformance with the following sections.
10 § 1-c. Section 235 of the vehicle and traffic law, as amended by
11 section 1-c of chapter 189 of the laws of 2013, is amended to read as
12 follows:
13 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
14 general, special or local law or administrative code to the contrary, in
15 any city which heretofore or hereafter is authorized to establish an
16 administrative tribunal to hear and determine complaints of traffic
17 infractions constituting parking, standing or stopping violations, or to
18 adjudicate the liability of owners for violations of subdivision (d) of
19 section eleven hundred eleven of this chapter in accordance with section
20 eleven hundred eleven-d of this chapter, or to adjudicate the liability
21 of owners for violations of toll collection regulations as defined in
22 and in accordance with the provisions of section two thousand nine
23 hundred eighty-five of the public authorities law and sections
24 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
25 of the laws of nineteen hundred fifty, or to adjudicate liability of
26 owners in accordance with section eleven hundred eleven-c of this chap-
27 ter for violations of bus lane restrictions as defined in such section,
28 or to adjudicate the liability of owners for violations of subdivision
29 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
30 ter in accordance with section eleven hundred eighty-b of this chapter,
31 such tribunal and the rules and regulations pertaining thereto shall be
32 constituted in substantial conformance with the following sections.
33 § 1-d. Section 235 of the vehicle and traffic law, as amended by
34 section 1-d of chapter 189 of the laws of 2013, is amended to read as
35 follows:
36 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
37 general, special or local law or administrative code to the contrary, in
38 any city which heretofore or hereafter is authorized to establish an
39 administrative tribunal to hear and determine complaints of traffic
40 infractions constituting parking, standing or stopping violations, or to
41 adjudicate the liability of owners for violations of subdivision (d) of
42 section eleven hundred eleven of this chapter in accordance with section
43 eleven hundred eleven-d of this chapter, or to adjudicate the liability
44 of owners for violations of toll collection regulations as defined in
45 and in accordance with the provisions of section two thousand nine
46 hundred eighty-five of the public authorities law and sections
47 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
48 of the laws of nineteen hundred fifty, or to adjudicate liability of
49 owners for violations of subdivisions (c) and (d) of section eleven
50 hundred eighty of this chapter in accordance with section eleven hundred
51 eighty-b of this chapter, such tribunal and the rules and regulations
52 pertaining thereto shall be constituted in substantial conformance with
53 the following sections.
54 § 1-e. Section 235 of the vehicle and traffic law, as separately
55 amended by chapter 715 of the laws of 1972 and chapter 379 of the laws
56 of 1992, is amended to read as follows:
S. 7236--A 4
1 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
2 general, special or local law or administrative code to the contrary, in
3 any city which heretofore or hereafter is authorized to establish an
4 administrative tribunal to hear and determine complaints of traffic
5 infractions constituting parking, standing or stopping violations, or to
6 adjudicate the liability of owners for violations of subdivision (d) of
7 section eleven hundred eleven of this chapter in accordance with section
8 eleven hundred eleven-d of this chapter, or to adjudicate the liability
9 of owners for violations of toll collection regulations as defined in
10 and in accordance with the provisions of section two thousand nine
11 hundred eighty-five of the public authorities law and sections
12 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
13 of the laws of nineteen hundred fifty, such tribunal and the rules and
14 regulations pertaining thereto shall be constituted in substantial
15 conformance with the following sections.
16 § 2. Subdivision 1 of section 236 of the vehicle and traffic law, as
17 amended by section 2 of chapter 189 of the laws of 2013, is amended to
18 read as follows:
19 1. Creation. In any city as hereinbefore or hereafter authorized such
20 tribunal when created shall be known as the parking violations bureau
21 and shall have jurisdiction of traffic infractions which constitute a
22 parking violation and, where authorized by local law adopted pursuant to
23 subdivision (a) of section eleven hundred eleven-a of this chapter or
24 subdivisions (a) of sections eleven hundred eleven-b of this chapter as
25 added by sections sixteen of chapters twenty, twenty-one, and twenty-two
26 of the laws of two thousand nine, or subdivision (a) of section eleven
27 hundred eleven-d of this chapter, shall adjudicate the liability of
28 owners for violations of subdivision (d) of section eleven hundred elev-
29 en of this chapter in accordance with such section eleven hundred
30 eleven-a [or such], sections eleven hundred eleven-b as added by
31 sections sixteen of chapters twenty, twenty-one, and twenty-two of the
32 laws of two thousand nine, or section eleven hundred eleven-d and shall
33 adjudicate the liability of owners for violations of toll collection
34 regulations as defined in and in accordance with the provisions of
35 section two thousand nine hundred eighty-five of the public authorities
36 law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven
37 hundred seventy-four of the laws of nineteen hundred fifty and shall
38 adjudicate liability of owners in accordance with section eleven hundred
39 eleven-c of this chapter for violations of bus lane restrictions as
40 defined in such section and shall adjudicate the liability of owners for
41 violations of subdivision (b), (c), (d), (f) or (g) of section eleven
42 hundred eighty of this chapter in accordance with section eleven hundred
43 eighty-b of this chapter. Such tribunal, except in a city with a popu-
44 lation of one million or more, shall also have jurisdiction of abandoned
45 vehicle violations. For the purposes of this article, a parking
46 violation is the violation of any law, rule or regulation providing for
47 or regulating the parking, stopping or standing of a vehicle. In addi-
48 tion for purposes of this article, "commissioner" shall mean and include
49 the commissioner of traffic of the city or an official possessing
50 authority as such a commissioner.
51 § 2-a. Subdivision 1 of section 236 of the vehicle and traffic law, as
52 amended by section 2-a of chapter 189 of the laws of 2013, is amended to
53 read as follows:
54 1. Creation. In any city as hereinbefore or hereafter authorized such
55 tribunal when created shall be known as the parking violations bureau
56 and shall have jurisdiction of traffic infractions which constitute a
S. 7236--A 5
1 parking violation and, where authorized by local law adopted pursuant to
2 subdivisions (a) of sections eleven hundred eleven-b of this chapter as
3 added by sections sixteen of chapters twenty, twenty-one, and twenty-two
4 of the laws of two thousand nine, or subdivision (a) of section eleven
5 hundred eleven-d of this chapter, shall adjudicate the liability of
6 owners for violations of subdivision (d) of section eleven hundred elev-
7 en of this chapter in accordance with such sections eleven hundred
8 eleven-b as added by sections sixteen of chapters twenty, twenty-one,
9 and twenty-two of the laws of two thousand nine or section eleven
10 hundred eleven-d; and shall adjudicate liability of owners in accordance
11 with section eleven hundred eleven-c of this chapter for violations of
12 bus lane restrictions as defined in such section and shall adjudicate
13 liability of owners for violations of subdivisions (c) and (d) of
14 section eleven hundred eighty of this chapter in accordance with section
15 eleven hundred eighty-b of this chapter. For the purposes of this arti-
16 cle, a parking violation is the violation of any law, rule or regulation
17 providing for or regulating the parking, stopping or standing of a vehi-
18 cle. In addition for purposes of this article, "commissioner" shall mean
19 and include the commissioner of traffic of the city or an official
20 possessing authority as such a commissioner.
21 § 2-b. Subdivision 1 of section 236 of the vehicle and traffic law, as
22 amended by section 2-b of chapter 189 of the laws of 2013, is amended to
23 read as follows:
24 1. Creation. In any city as hereinbefore or hereafter authorized such
25 tribunal when created shall be known as the parking violations bureau
26 and shall have jurisdiction of traffic infractions which constitute a
27 parking violation and, where authorized by local law adopted pursuant to
28 subdivision (a) of section eleven hundred eleven-d of this chapter,
29 shall adjudicate liability of owners in accordance with section eleven
30 hundred eleven-c of this chapter for violations of bus lane restrictions
31 as defined in such section; and shall adjudicate the liability of owners
32 for violations of subdivision (b), (c), (d), (f) or (g) of section elev-
33 en hundred eighty of this chapter in accordance with section eleven
34 hundred eighty-b of this chapter. For the purposes of this article, a
35 parking violation is the violation of any law, rule or regulation
36 providing for or regulating the parking, stopping or standing of a vehi-
37 cle. In addition for purposes of this article, "commissioner" shall mean
38 and include the commissioner of traffic of the city or an official
39 possessing authority as such a commissioner.
40 § 2-c. Subdivision 1 of section 236 of the vehicle and traffic law, as
41 amended by section 2-c of chapter 189 of the laws of 2013, is amended to
42 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, shall have jurisdic-
47 tion of traffic infractions which constitute a parking violation and
48 shall adjudicate the liability of owners for violations of subdivision
49 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
50 ter in accordance with section eleven hundred eighty-b of this chapter.
51 For the purposes of this article, a parking violation is the violation
52 of any law, rule or regulation providing for or regulating the parking,
53 stopping or standing of a vehicle. In addition for purposes of this
54 article, "commissioner" shall mean and include the commissioner of traf-
55 fic of the city or an official possessing authority as such a commis-
56 sioner.
S. 7236--A 6
1 § 2-d. Subdivision 1 of section 236 of the vehicle and traffic law, as
2 added by chapter 715 of the laws of 1972, is amended to read as follows:
3 1. Creation. In any city as hereinbefore or hereafter authorized such
4 tribunal when created shall be known as the parking violations bureau
5 and, where authorized by local law adopted pursuant to subdivision (a)
6 of section eleven hundred eleven-d of this chapter, shall have jurisdic-
7 tion of traffic infractions which constitute a parking violation. For
8 the purposes of this article, a parking violation is the violation of
9 any law, rule or regulation providing for or regulating the parking,
10 stopping or standing of a vehicle. In addition for purposes of this
11 article, "commissioner" shall mean and include the commissioner of traf-
12 fic of the city or an official possessing authority as such a commis-
13 sioner.
14 § 3. Section 237 of the vehicle and traffic law is amended by adding a
15 new subdivision 14 to read as follows:
16 14. To adjudicate the liability of owners for violations of subdivi-
17 sion (d) of section eleven hundred eleven of this chapter in accordance
18 with section eleven hundred eleven-d of this chapter, if authorized by
19 local law adopted pursuant to subdivision (a) of such section eleven
20 hundred eleven-d.
21 § 4. Paragraph f of subdivision 1 of section 239 of the vehicle and
22 traffic law, as amended by section 4 of chapter 189 of the laws of 2013,
23 is amended to read as follows:
24 f. "Notice of violation" means a notice of violation as defined in
25 subdivision nine of section two hundred thirty-seven of this article,
26 but shall not be deemed to include a notice of liability issued pursuant
27 to authorization set forth in section eleven hundred eleven-a of this
28 chapter, or sections eleven hundred eleven-b of this chapter as added by
29 sections sixteen of chapters twenty, twenty-one, and twenty-two of the
30 laws of two thousand nine, or section eleven hundred eleven-d of this
31 chapter, and shall not be deemed to include a notice of liability issued
32 pursuant to section two thousand nine hundred eighty-five of the public
33 authorities law and sections sixteen-a, sixteen-b and sixteen-c of chap-
34 ter seven hundred seventy-four of the laws of nineteen hundred fifty and
35 shall not be deemed to include a notice of liability issued pursuant to
36 section eleven hundred eleven-c of this chapter and shall not be deemed
37 to include a notice of liability issued pursuant to section eleven
38 hundred eighty-b of this chapter.
39 § 4-a. Paragraph f of subdivision 1 of section 239 of the vehicle and
40 traffic law, as amended by section 4-a of chapter 189 of the laws of
41 2013, is amended to read as follows:
42 f. "Notice of violation" means a notice of violation as defined in
43 subdivision nine of section two hundred thirty-seven of this article but
44 shall not be deemed to include a notice of liability issued pursuant to
45 authorization set forth in sections eleven hundred eleven-b of this
46 chapter as added by sections sixteen of chapters twenty, twenty-one, and
47 twenty-two of the laws of two thousand nine or section eleven hundred
48 eleven-d of this chapter and shall not be deemed to include a notice of
49 liability issued pursuant to section eleven hundred eleven-c of this
50 chapter and shall not be deemed to include a notice of liability issued
51 pursuant to section eleven hundred eighty-b of this chapter.
52 § 4-b. Paragraph f of subdivision 1 of section 239 of the vehicle and
53 traffic law, as amended by section 4-b of chapter 189 of the laws of
54 2013, is amended to read as follows:
55 f. "Notice of violation" means a notice of violation as defined in
56 subdivision nine of section two hundred thirty-seven of this article and
S. 7236--A 7
1 shall not be deemed to include a notice of liability issued pursuant to
2 authorization set forth in section eleven hundred eleven-d of this chap-
3 ter and shall not be deemed to include a notice of liability issued
4 pursuant to section eleven hundred eleven-c of this chapter and shall
5 not be deemed to include a notice of liability issued pursuant to
6 section eleven hundred eighty-b of this chapter.
7 § 4-c. Paragraph f of subdivision 1 of section 239 of the vehicle and
8 traffic law, as amended by section 4-c of chapter 189 of the laws of
9 2013, is amended to read as follows:
10 f. "Notice of violation" means a notice of violation as defined in
11 subdivision nine of section two hundred thirty-seven of this article and
12 shall not be deemed to include a notice of liability issued pursuant to
13 authorization set forth in section eleven hundred eleven-d of this chap-
14 ter and shall not be deemed to include a notice of liability issued
15 pursuant to section eleven hundred eighty-b of this chapter.
16 § 4-d. Paragraph f of subdivision 1 of section 239 of the vehicle and
17 traffic law, as added by chapter 180 of the laws of 1980, is amended to
18 read as follows:
19 f. "Notice of violation" means a notice of violation as defined in
20 subdivision nine of section two hundred thirty-seven of this article and
21 shall not be deemed to include a notice of liability issued pursuant to
22 authorization set forth in section eleven hundred eleven-d of this chap-
23 ter.
24 § 5. Subdivisions 1 and 1-a of section 240 of the vehicle and traffic
25 law, as amended by section 6 of chapter 189 of the laws of 2013, are
26 amended to read as follows:
27 1. Notice of hearing. Whenever a person charged with a parking
28 violation enters a plea of not guilty or a person alleged to be liable
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, twenty-one, and twenty-two of the laws of
32 two thousand nine or section eleven hundred eleven-d of this chapter,
33 for a violation of subdivision (d) of section eleven hundred eleven of
34 this chapter contests such allegation, or a person alleged to be liable
35 in accordance with the provisions of section two thousand nine hundred
36 eighty-five of the public authorities law or sections sixteen-a,
37 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
38 laws of nineteen hundred fifty, or a person alleged to be liable in
39 accordance with the provisions of section eleven hundred eleven-c of
40 this chapter for a violation of a bus lane restriction as defined in
41 such section contests such allegation, or a person alleged to be liable
42 in accordance with the provisions of section eleven hundred eighty-b of
43 this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of
44 section eleven hundred eighty of this chapter contests such allegation,
45 the bureau shall advise such person personally by such form of first
46 class mail as the director may direct of the date on which he or she
47 must appear to answer the charge at a hearing. The form and content of
48 such notice of hearing shall be prescribed by the director, and shall
49 contain a warning to advise the person so pleading or contesting that
50 failure to appear on the date designated, or on any subsequent adjourned
51 date, shall be deemed an admission of liability, and that a default
52 judgment may be entered thereon.
53 1-a. Fines and penalties. Whenever a plea of not guilty has been
54 entered, or the bureau has been notified that an allegation of liability
55 in accordance with section eleven hundred eleven-a of this chapter or
56 sections eleven hundred eleven-b of this chapter as added by sections
S. 7236--A 8
1 sixteen of chapters twenty, twenty-one, and twenty-two of the laws of
2 two thousand nine or section eleven hundred eleven-d of this chapter or
3 an allegation of liability in accordance with section two thousand nine
4 hundred eighty-five of the public authorities law or sections sixteen-a,
5 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
6 laws of nineteen hundred fifty or an allegation of liability in accord-
7 ance with section eleven hundred eleven-c of this chapter or an allega-
8 tion of liability in accordance with section eleven hundred eighty-b of
9 this chapter, is being contested, by a person in a timely fashion and a
10 hearing upon the merits has been demanded, but has not yet been held,
11 the bureau shall not issue any notice of fine or penalty to that person
12 prior to the date of the hearing.
13 § 5-a. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
14 fic law, as amended by section 6-a of chapter 189 of the laws of 2013,
15 are amended to read as follows:
16 1. Notice of hearing. Whenever a person charged with a parking
17 violation enters a plea of not guilty or a person alleged to be liable
18 in accordance with sections eleven hundred eleven-b of this chapter as
19 added by sections sixteen of chapters twenty, twenty-one, and twenty-two
20 of the laws of two thousand nine or section eleven hundred eleven-d of
21 this chapter for a violation of subdivision (d) of section eleven
22 hundred eleven of this chapter, or a person alleged to be liable in
23 accordance with the provisions of section eleven hundred eleven-c of
24 this chapter for a violation of a bus lane restriction as defined in
25 such section contests such allegation, or a person alleged to be liable
26 in accordance with the provisions of section eleven hundred eighty-b of
27 this chapter for violations of subdivision (b), (c), (d), (f) or (g) of
28 section eleven hundred eighty of this chapter contests such allegation,
29 the bureau shall advise such person personally by such form of first
30 class mail as the director may direct of the date on which he or she
31 must appear to answer the charge at a hearing. The form and content of
32 such notice of hearing shall be prescribed by the director, and shall
33 contain a warning to advise the person so pleading or contesting that
34 failure to appear on the date designated, or on any subsequent adjourned
35 date, shall be deemed an admission of liability, and that a default
36 judgment may be entered thereon.
37 1-a. Fines and penalties. Whenever a plea of not guilty has been
38 entered, or the bureau has been notified that an allegation of liability
39 in accordance with sections eleven hundred eleven-b of this chapter, as
40 added by sections sixteen of chapters twenty, twenty-one, and twenty-two
41 of the laws of two thousand nine[,] or in accordance with section eleven
42 hundred eleven-d of this chapter or an allegation of liability in
43 accordance with section eleven hundred eleven-c of this chapter or an
44 allegation of liability in accordance with section eleven hundred eight-
45 y-b of this chapter is being contested, by a person in a timely fashion
46 and a hearing upon the merits has been demanded, but has not yet been
47 held, the bureau shall not issue any notice of fine or penalty to that
48 person prior to the date of the hearing.
49 § 5-b. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
50 fic law, as amended by section 6-b of chapter 189 of the laws of 2013,
51 are amended to read as follows:
52 1. Notice of hearing. Whenever a person charged with a parking
53 violation enters a plea of not guilty or a person alleged to be liable
54 in accordance with section eleven hundred eleven-d of this chapter or in
55 accordance with the provisions of section eleven hundred eleven-c of
56 this chapter for a violation of a bus lane restriction as defined in
S. 7236--A 9
1 such section, contests such allegation, or a person alleged to be liable
2 in accordance with the provisions of section eleven hundred eighty-b of
3 this chapter for violations of subdivision (b), (c), (d), (f) or (g) of
4 section eleven hundred eighty of this chapter contests such allegation,
5 the bureau shall advise such person personally by such form of first
6 class mail as the director may direct of the date on which he or she
7 must appear to answer the charge at a hearing. The form and content of
8 such notice of hearing shall be prescribed by the director, and shall
9 contain a warning to advise the person so pleading that failure to
10 appear on the date designated, or on any subsequent adjourned date,
11 shall be deemed an admission of liability, and that a default judgment
12 may be entered thereon.
13 1-a. Fines and penalties. Whenever a plea of not guilty has been
14 entered, or the bureau has been notified that an allegation of liability
15 in accordance with section eleven hundred eleven-d of this chapter or in
16 accordance with section eleven hundred eleven-c of this chapter or an
17 allegation of liability in accordance with section eleven hundred eight-
18 y-b of this chapter is being contested, by a person in a timely fashion
19 and a hearing upon the merits has been demanded, but has not yet been
20 held, the bureau shall not issue any notice of fine or penalty to that
21 person prior to the date of the hearing.
22 § 5-c. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
23 fic law, as amended by section 6-c of chapter 189 of the laws of 2013,
24 are amended to read as follows:
25 1. Notice of hearing. Whenever a person charged with a parking
26 violation enters a plea of not guilty, or a person alleged to be liable
27 in accordance with section eleven hundred eleven-d of this chapter, or a
28 person alleged to be liable in accordance with the provisions of section
29 eleven hundred eighty-b of this chapter for violations of subdivision
30 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
31 ter contests such allegation, the bureau shall advise such person
32 personally by such form of first class mail as the director may direct
33 of the date on which he or she must appear to answer the charge at a
34 hearing. The form and content of such notice of hearing shall be
35 prescribed by the director, and shall contain a warning to advise the
36 person so pleading that failure to appear on the date designated, or on
37 any subsequent adjourned date, shall be deemed an admission of liabil-
38 ity, and that a default judgment may be entered thereon.
39 1-a. Fines and penalties. Whenever a plea of not guilty has been
40 entered, or the bureau has been notified that an allegation of liability
41 in accordance with section eleven hundred eleven-d of this chapter, or
42 the bureau has been notified that an allegation of liability in accord-
43 ance with section eleven hundred eighty-b of this chapter, is being
44 contested, by a person in a timely fashion and a hearing upon the merits
45 has been demanded, but has not yet been held, the bureau shall not issue
46 any notice of fine or penalty to that person prior to the date of the
47 hearing.
48 § 5-d. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
49 fic law, subdivision 1 as added by chapter 715 of the laws of 1972 and
50 subdivision 1-a as added by chapter 365 of the laws of 1978, are amended
51 to read as follows:
52 1. Notice of hearing. Whenever a person charged with a parking
53 violation enters a plea of not guilty, or a person alleged to be liable
54 in accordance with section eleven hundred eleven-d of this chapter
55 contests such allegation, the bureau shall advise such person personally
56 by such form of first class mail as the director may direct of the date
S. 7236--A 10
1 on which he or she must appear to answer the charge at a hearing. The
2 form and content of such notice of hearing shall be prescribed by the
3 director, and shall contain a warning to advise the person so pleading
4 that failure to appear on the date designated, or on any subsequent
5 adjourned date, shall be deemed an admission of liability, and that a
6 default judgment may be entered thereon.
7 1-a. Fines and penalties. Whenever a plea of not guilty has been
8 entered, or the bureau has been notified that an allegation of liability
9 in accordance with section eleven hundred eleven-d of this chapter, is
10 being contested, by a person in a timely fashion and a hearing upon the
11 merits has been demanded, but has not yet been held, the bureau shall
12 not issue any notice of fine or penalty to that person prior to the date
13 of the hearing.
14 § 6. Paragraphs a and g of subdivision 2 of section 240 of the vehicle
15 and traffic law, as amended by section 7 of chapter 189 of the laws of
16 2013, are amended to read as follows:
17 a. Every hearing for the adjudication of a charge of parking violation
18 or an allegation of liability in accordance with section eleven hundred
19 eleven-a of this chapter or in accordance with sections eleven hundred
20 eleven-b of this chapter as added by sections sixteen of chapters twen-
21 ty, twenty-one, and twenty-two of the laws of two thousand nine or in
22 accordance with section eleven hundred eleven-d of this chapter or an
23 allegation of liability in accordance with section two thousand nine
24 hundred eighty-five of the public authorities law or sections sixteen-a,
25 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
26 laws of nineteen hundred fifty or an allegation of liability in accord-
27 ance with section eleven hundred eleven-c of this chapter or an allega-
28 tion of liability in accordance with section eleven hundred eighty-b of
29 this chapter, shall be held before a hearing examiner in accordance with
30 rules and regulations promulgated by the bureau.
31 g. A record shall be made of a hearing on a plea of not guilty or of a
32 hearing at which liability in accordance with section eleven hundred
33 eleven-a of this chapter or in accordance with sections eleven hundred
34 eleven-b of this chapter as added by sections sixteen of chapters twen-
35 ty, twenty-one, and twenty-two of the laws of two thousand nine or in
36 accordance with section eleven hundred eleven-d of this chapter is
37 contested or of a hearing at which liability in accordance with section
38 two thousand nine hundred eighty-five of the public authorities law or
39 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred
40 seventy-four of the laws of nineteen hundred fifty is contested or of a
41 hearing at which liability in accordance with section eleven hundred
42 eleven-c of this chapter or a hearing at which liability in accordance
43 with section eleven hundred eighty-b of this chapter is contested.
44 Recording devices may be used for the making of the record.
45 § 6-a. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
46 cle and traffic law, as amended by section 7-a of chapter 189 of the
47 laws of 2013, are amended to read as follows:
48 a. Every hearing for the adjudication of a charge of parking violation
49 or an allegation of liability in accordance with sections eleven hundred
50 eleven-b of this chapter, as added by sections sixteen of chapters twen-
51 ty, twenty-one, and twenty-two of the laws of two thousand nine or in
52 accordance with section eleven hundred eleven-d of this chapter or an
53 allegation of liability in accordance with section eleven hundred
54 eleven-c of this chapter or an allegation of liability in accordance
55 with section eleven hundred eighty-b of this chapter, shall be held
S. 7236--A 11
1 before a hearing examiner in accordance with rules and regulations
2 promulgated by the bureau.
3 g. A record shall be made of a hearing on a plea of not guilty or of a
4 hearing at which liability in accordance with sections eleven hundred
5 eleven-b of this chapter, as added by sections sixteen of chapters twen-
6 ty, twenty-one, and twenty-two of the laws of two thousand nine or in
7 accordance with section eleven hundred eleven-d of this chapter or of a
8 hearing at which liability in accordance with section eleven hundred
9 eleven-c of this chapter or a hearing at which liability in accordance
10 with section eleven hundred eighty-b of this chapter is contested.
11 Recording devices may be used for the making of the record.
12 § 6-b. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
13 cle and traffic law, as amended by section 7-b of chapter 189 of the
14 laws of 2013, are amended to read as follows:
15 a. Every hearing for the adjudication of a charge of parking violation
16 or an allegation of liability in accordance with section eleven hundred
17 eleven-d of this chapter or an allegation of liability in accordance
18 with section eleven hundred eleven-c of this chapter or an allegation of
19 liability in accordance with section eleven hundred eighty-b of this
20 chapter shall be held before a hearing examiner in accordance with rules
21 and regulations promulgated by the bureau.
22 g. A record shall be made of a hearing on a plea of not guilty 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 eleven-c of this chapter or a hearing
26 at which liability in accordance with section eleven hundred eighty-b of
27 this chapter is contested. Recording devices may be used for the making
28 of the record.
29 § 6-c. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
30 cle and traffic law, as amended by section 7-c of chapter 189 of the
31 laws of 2013, are amended to read as follows:
32 a. Every hearing for the adjudication of a charge of parking violation
33 or an allegation of liability in accordance with section eleven hundred
34 eleven-d of this chapter or an allegation of liability in accordance
35 with section eleven hundred eighty-b of this chapter shall be held
36 before a hearing examiner in accordance with rules and regulations
37 promulgated by the 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-d of this chapter or a hearing at which liability in accordance
41 with section eleven hundred eighty-b of this chapter is contested.
42 Recording devices may be used for the making of the record.
43 § 6-d. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
44 cle and traffic law, as added by chapter 715 of the laws of 1972, are
45 amended to read as follows:
46 a. Every hearing for the adjudication of a charge of parking violation
47 or an allegation of liability in accordance with section eleven hundred
48 eleven-d of this chapter shall be held before a hearing examiner in
49 accordance with rules and regulations promulgated by the bureau.
50 g. A record shall be made of a hearing on a plea of not guilty or a
51 hearing at which liability in accordance with section eleven hundred
52 eleven-d of this chapter is contested. Recording devices may be used for
53 the making of the record.
54 § 7. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
55 law, as amended by section 8 of chapter 189 of the laws of 2013, are
56 amended to read as follows:
S. 7236--A 12
1 1. The hearing examiner shall make a determination on the charges,
2 either sustaining or dismissing them. Where the hearing examiner deter-
3 mines that the charges have been sustained he or she may examine either
4 the prior parking violations record or the record of liabilities
5 incurred in accordance with section eleven hundred eleven-a of this
6 chapter or in accordance with sections eleven hundred eleven-b of this
7 chapter as added by sections sixteen of chapters twenty, twenty-one, and
8 twenty-two of the laws of two thousand nine or in accordance with
9 section eleven hundred eleven-d of this chapter or the record of liabil-
10 ities incurred in accordance with section two thousand nine hundred
11 eighty-five of the public authorities law or sections sixteen-a,
12 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
13 laws of nineteen hundred fifty of the person charged, or the record of
14 liabilities incurred in accordance with section eleven hundred eleven-c
15 of this chapter, or the record of liabilities incurred in accordance
16 with section eleven hundred eighty-b of this chapter, as applicable
17 prior to rendering a final determination. Final determinations sustain-
18 ing or dismissing charges shall be entered on a final determination roll
19 maintained by the bureau together with records showing payment and
20 nonpayment of penalties.
21 2. Where an operator or owner fails to enter a plea to a charge of a
22 parking violation or contest an allegation of liability in accordance
23 with section eleven hundred eleven-a of this chapter or in accordance
24 with sections eleven hundred eleven-b of this chapter as added by
25 sections sixteen of chapters twenty, twenty-one, and twenty-two of the
26 laws of two thousand nine or in accordance with section eleven hundred
27 eleven-d of this chapter or fails to contest an allegation of liability
28 in accordance with section two thousand nine hundred eighty-five of the
29 public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
30 chapter seven hundred seventy-four of the laws of nineteen hundred
31 fifty, or fails to contest an allegation of liability in accordance with
32 section eleven hundred eleven-c of this chapter or fails to contest an
33 allegation of liability in accordance with section eleven hundred eight-
34 y-b of this chapter or fails to appear on a designated hearing date or
35 subsequent adjourned date or fails after a hearing to comply with the
36 determination of a hearing examiner, as prescribed by this article or by
37 rule or regulation of the bureau, such failure to plead or contest,
38 appear or comply shall be deemed, for all purposes, an admission of
39 liability and shall be grounds for rendering and entering a default
40 judgment in an amount provided by the rules and regulations of the
41 bureau. However, after the expiration of the original date prescribed
42 for entering a plea and before a default judgment may be rendered, in
43 such case the bureau shall pursuant to the applicable provisions of law
44 notify such operator or owner, by such form of first class mail as the
45 commission may direct; (1) of the violation charged, or liability in
46 accordance with section eleven hundred eleven-a of this chapter or in
47 accordance with sections eleven hundred eleven-b of this chapter as
48 added by sections sixteen of chapters twenty, twenty-one, and twenty-two
49 of the laws of two thousand nine or in accordance with section eleven
50 hundred eleven-d of this chapter alleged or liability in accordance with
51 section two thousand nine hundred eighty-five of the public authorities
52 law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
53 hundred seventy-four of the laws of nineteen hundred fifty alleged or
54 liability in accordance with section eleven hundred eleven-c of this
55 chapter or liability in accordance with section eleven hundred eighty-b
56 of this chapter alleged, (2) of the impending default judgment, (3) that
S. 7236--A 13
1 such judgment will be entered in the Civil Court of the city in which
2 the bureau has been established, or other court of civil jurisdiction or
3 any other place provided for the entry of civil judgments within the
4 state of New York, and (4) that a default may be avoided by entering a
5 plea or contesting an allegation of liability in accordance with section
6 eleven hundred eleven-a of this chapter or in accordance with sections
7 eleven hundred eleven-b of this chapter as added by sections sixteen of
8 chapters twenty, twenty-one, and twenty-two of the laws of two thousand
9 nine or in accordance with section eleven hundred eleven-d of this chap-
10 ter or contesting an allegation of liability in accordance with section
11 two thousand nine hundred eighty-five of the public authorities law or
12 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred
13 seventy-four of the laws of nineteen hundred fifty or contesting an
14 allegation of liability in accordance with section eleven hundred
15 eleven-c of this chapter or contesting an allegation of liability in
16 accordance with section eleven hundred eighty-b of this chapter, as
17 appropriate, or making an appearance within thirty days of the sending
18 of such notice. Pleas entered and allegations contested within that
19 period shall be in the manner prescribed in the notice and not subject
20 to additional penalty or fee. Such notice of impending default judgment
21 shall not be required prior to the rendering and entry thereof in the
22 case of operators or owners who are non-residents of the state of New
23 York. In no case shall a default judgment be rendered or, where
24 required, a notice of impending default judgment be sent, more than two
25 years after the expiration of the time prescribed for entering a plea or
26 contesting an allegation. When a person has demanded a hearing, no fine
27 or penalty shall be imposed for any reason, prior to the holding of the
28 hearing. If the hearing examiner shall make a determination on the
29 charges, sustaining them, he or she shall impose no greater penalty or
30 fine than those upon which the person was originally charged.
31 § 7-a. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
32 law, as amended by section 8-a of chapter 189 of the laws of 2013, are
33 amended to read as follows:
34 1. The hearing examiner shall make a determination on the charges,
35 either sustaining or dismissing them. Where the hearing examiner deter-
36 mines that the charges have been sustained he or she may examine either
37 the prior parking violations record or the record of liabilities
38 incurred in accordance with sections eleven hundred eleven-b of this
39 chapter as added by sections sixteen of chapters twenty, twenty-one, and
40 twenty-two of the laws of two thousand nine or in accordance with
41 section eleven hundred eleven-d of this chapter of the person charged,
42 or the record of liabilities incurred in accordance with section eleven
43 hundred eleven-c of this chapter, or the record of liabilities incurred
44 in accordance with section eleven hundred eighty-b of this chapter, as
45 applicable prior to rendering a final determination. Final determi-
46 nations sustaining or dismissing charges shall be entered on a final
47 determination roll maintained by the bureau together with records show-
48 ing payment and nonpayment of penalties.
49 2. Where an operator or owner fails to enter a plea to a charge of a
50 parking violation or contest an allegation of liability in accordance
51 with sections eleven hundred eleven-b of this chapter as added by
52 sections sixteen of chapters twenty, twenty-one, and twenty-two of the
53 laws of two thousand nine or in accordance with section eleven hundred
54 eleven-d of this chapter, or fails to contest an allegation of liability
55 in accordance with section eleven hundred eleven-c of this chapter, or
56 fails to contest an allegation of liability incurred in accordance with
S. 7236--A 14
1 section eleven hundred eighty-b of this chapter, or fails to appear on a
2 designated hearing date or subsequent adjourned date or fails after a
3 hearing to comply with the determination of a hearing examiner, as
4 prescribed by this article or by rule or regulation of the bureau, such
5 failure to plead, contest, appear or comply shall be deemed, for all
6 purposes, an admission of liability and shall be grounds for rendering
7 and entering a default judgment in an amount provided by the rules and
8 regulations of the bureau. However, after the expiration of the original
9 date prescribed for entering a plea and before a default judgment may be
10 rendered, in such case the bureau shall pursuant to the applicable
11 provisions of law notify such operator or owner, by such form of first
12 class mail as the commission may direct; (1) of the violation charged,
13 or liability in accordance with sections eleven hundred eleven-b of this
14 chapter, as added by sections sixteen of chapters twenty, twenty-one,
15 and twenty-two of the laws of two thousand nine or in accordance with
16 section eleven hundred eleven-d of this chapter, or liability in accord-
17 ance with section eleven hundred eleven-c of this chapter or liability
18 in accordance with section eleven hundred eighty-b of this chapter
19 alleged, (2) of the impending default judgment, (3) that such judgment
20 will be entered in the Civil Court of the city in which the bureau has
21 been established, or other court of civil jurisdiction or any other
22 place provided for the entry of civil judgments within the state of New
23 York, and (4) that a default may be avoided by entering a plea or
24 contesting an allegation of liability in accordance with sections eleven
25 hundred eleven-b of this chapter as added by sections sixteen of chap-
26 ters twenty, twenty-one, and twenty-two of the laws of two thousand nine
27 or in accordance with section eleven hundred eleven-d of this chapter,
28 or contesting an allegation of liability in accordance with section
29 eleven hundred eleven-c of this chapter or contesting an allegation of
30 liability in accordance with section eleven hundred eighty-b of this
31 chapter as appropriate, or making an appearance within thirty days of
32 the sending of such notice. Pleas entered and allegations contested
33 within that period shall be in the manner prescribed in the notice and
34 not subject to additional penalty or fee. Such notice of impending
35 default judgment shall not be required prior to the rendering and entry
36 thereof in the case of operators or owners who are non-residents of the
37 state of New York. In no case shall a default judgment be rendered or,
38 where required, a notice of impending default judgment be sent, more
39 than two years after the expiration of the time prescribed for entering
40 a plea or contesting an allegation. When a person has demanded a hear-
41 ing, no fine or penalty shall be imposed for any reason, prior to the
42 holding of the hearing. If the hearing examiner shall make a determi-
43 nation on the charges, sustaining them, he or she shall impose no great-
44 er penalty or fine than those upon which the person was originally
45 charged.
46 § 7-b. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
47 law, as amended by section 8-b of chapter 189 of the laws of 2013, are
48 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 the
52 prior parking violations record or the record of liabilities incurred in
53 accordance with section eleven hundred eleven-d of this chapter of the
54 person charged, or the record of liabilities incurred in accordance with
55 section eleven hundred eleven-c of this chapter, or the record of
56 liabilities incurred in accordance with section eleven hundred eighty-b
S. 7236--A 15
1 of this chapter, as applicable, prior to rendering a final determi-
2 nation. Final determinations sustaining or dismissing charges shall be
3 entered on a final determination roll maintained by the bureau together
4 with records showing payment and nonpayment of penalties.
5 2. Where an operator or owner fails to enter a plea to a charge of a
6 parking violation or contest an allegation of liability in accordance
7 with section eleven hundred eleven-d of this chapter, or fails to
8 contest an allegation of liability in accordance with section eleven
9 hundred eleven-c of this chapter, or fails to contest an allegation of
10 liability incurred in accordance with section eleven hundred eighty-b of
11 this chapter, or fails to appear on a designated hearing date or subse-
12 quent adjourned date or fails after a hearing to comply with the deter-
13 mination of a hearing examiner, as prescribed by this article or by rule
14 or regulation of the bureau, such failure to plead, appear or comply
15 shall be deemed, for all purposes, an admission of liability and shall
16 be grounds for rendering and entering a default judgment in an amount
17 provided by the rules and regulations of the bureau. However, after the
18 expiration of the original date prescribed for entering a plea and
19 before a default judgment may be rendered, in such case the bureau shall
20 pursuant to the applicable provisions of law notify such operator or
21 owner, by such form of first class mail as the commission may direct;
22 (1) of the violation charged, or liability in accordance with section
23 eleven hundred eleven-d of this chapter, or alleged liability in accord-
24 ance with section eleven hundred eleven-c of this chapter or alleged
25 liability in accordance with section eleven hundred eighty-b of this
26 chapter, (2) of the impending default judgment, (3) that such judgment
27 will be entered in the Civil Court of the city in which the bureau has
28 been established, or other court of civil jurisdiction or any other
29 place provided for the entry of civil judgments within the state of New
30 York, and (4) that a default may be avoided by entering a plea or
31 contesting an allegation of liability in accordance with section eleven
32 hundred eleven-d of this chapter or contesting an allegation of liabil-
33 ity in accordance with section eleven hundred eleven-c of this chapter
34 or contesting an allegation of liability in accordance with section
35 eleven hundred eighty-b of this chapter or making an appearance within
36 thirty days of the sending of such notice. Pleas entered within that
37 period shall be in the manner prescribed in the notice and not subject
38 to additional penalty or fee. Such notice of impending default judgment
39 shall not be required prior to the rendering and entry thereof in the
40 case of operators or owners who are non-residents of the state of New
41 York. In no case shall a default judgment be rendered or, where
42 required, a notice of impending default judgment be sent, more than two
43 years after the expiration of the time prescribed for entering a plea.
44 When a person has demanded a hearing, no fine or penalty shall be
45 imposed for any reason, prior to the holding of the hearing. If the
46 hearing examiner shall make a determination on the charges, sustaining
47 them, he or she shall impose no greater penalty or fine than those upon
48 which the person was originally charged.
49 § 7-c. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
50 law, as amended by section 8-c of chapter 189 of the laws of 2013, are
51 amended to read as follows:
52 1. The hearing examiner shall make a determination on the charges,
53 either sustaining or dismissing them. Where the hearing examiner deter-
54 mines that the charges have been sustained he or she may examine either
55 the prior parking violations record or the record of liabilities
56 incurred in accordance with section eleven hundred eleven-d of this
S. 7236--A 16
1 chapter of the person charged, or the record of liabilities incurred in
2 accordance with section eleven hundred eighty-b of this chapter, as
3 applicable, prior to rendering a final determination. Final determi-
4 nations sustaining or dismissing charges shall be entered on a final
5 determination roll maintained by the bureau together with records show-
6 ing payment and nonpayment of penalties.
7 2. Where an operator or owner fails to enter a plea to a charge of a
8 parking violation or contest an allegation of liability in accordance
9 with section eleven hundred eleven-d of this chapter or fails to contest
10 an allegation of liability incurred in accordance with section eleven
11 hundred eighty-b of this chapter or fails to appear on a designated
12 hearing date or subsequent adjourned date or fails after a hearing to
13 comply with the determination of a hearing examiner, as prescribed by
14 this article or by rule or regulation of the bureau, such failure to
15 plead, appear or comply shall be deemed, for all purposes, an admission
16 of liability and shall be grounds for rendering and entering a default
17 judgment in an amount provided by the rules and regulations of the
18 bureau. However, after the expiration of the original date prescribed
19 for entering a plea and before a default judgment may be rendered, in
20 such case the bureau shall pursuant to the applicable provisions of law
21 notify such operator or owner, by such form of first class mail as the
22 commission may direct; (1) of the violation charged or liability in
23 accordance with section eleven hundred eleven-d of this chapter or
24 liability in accordance with section eleven hundred eighty-b of this
25 chapter alleged, (2) of the impending default judgment, (3) that such
26 judgment will be entered in the Civil Court of the city in which the
27 bureau has been established, or other court of civil jurisdiction or any
28 other place provided for the entry of civil judgments within the state
29 of New York, and (4) that a default may be avoided by entering a plea or
30 contesting an allegation of liability in accordance with section eleven
31 hundred eleven-d of this chapter or contesting an allegation of liabil-
32 ity in accordance with section eleven hundred eighty-b of this chapter
33 or making an appearance within thirty days of the sending of such
34 notice. Pleas entered within that period shall be in the manner
35 prescribed in the notice and not subject to additional penalty or fee.
36 Such notice of impending default judgment shall not be required prior to
37 the rendering and entry thereof in the case of operators or owners who
38 are non-residents of the state of New York. In no case shall a default
39 judgment be rendered or, where required, a notice of impending default
40 judgment be sent, more than two years after the expiration of the time
41 prescribed for entering a plea. When a person has demanded a hearing, no
42 fine or penalty shall be imposed for any reason, prior to the holding of
43 the hearing. If the hearing examiner shall make a determination on the
44 charges, sustaining them, he shall impose no greater penalty or fine
45 than those upon which the person was originally charged.
46 § 7-d. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
47 law, subdivision 1 as added by chapter 715 of the laws of 1972 and
48 subdivision 2 as amended by chapter 365 of the laws of 1978, are amended
49 to read as follows:
50 1. The hearing examiner shall make a determination on the charges,
51 either sustaining or dismissing them. Where the hearing examiner deter-
52 mines that the charges have been sustained he or she may examine either
53 the prior parking violations record or the record of liabilities
54 incurred in accordance with section eleven hundred eleven-d of this
55 chapter of the person charged, as applicable, prior to rendering a final
56 determination. Final determinations sustaining or dismissing charges
S. 7236--A 17
1 shall be entered on a final determination roll maintained by the bureau
2 together with records showing payment and nonpayment of penalties.
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 section eleven hundred eleven-d of this chapter or fails to appear
6 on a designated hearing date or subsequent adjourned date or fails after
7 a hearing to comply with the determination of a hearing examiner, as
8 prescribed by this article or by rule or regulation of the bureau, such
9 failure to plead, appear or comply shall be deemed, for all purposes, an
10 admission of liability and shall be grounds for rendering and entering a
11 default judgment in an amount provided by the rules and regulations of
12 the bureau. However, after the expiration of the original date
13 prescribed for entering a plea and before a default judgment may be
14 rendered, in such case the bureau shall pursuant to the applicable
15 provisions of law notify such operator or owner, by such form of first
16 class mail as the commission may direct; (1) of the violation charged or
17 liability in accordance with section eleven hundred eleven-d of this
18 chapter alleged, (2) of the impending default judgment, (3) that such
19 judgment will be entered in the Civil Court of the city in which the
20 bureau has been established, or other court of civil jurisdiction or any
21 other place provided for the entry of civil judgments within the state
22 of New York, and (4) that a default may be avoided by entering a plea or
23 contesting an allegation of liability in accordance with section eleven
24 hundred eleven-d of this chapter or making an appearance within thirty
25 days of the sending of such notice. Pleas entered within that period
26 shall be in the manner prescribed in the notice and not subject to addi-
27 tional penalty or fee. Such notice of impending default judgment shall
28 not be required prior to the rendering and entry thereof in the case of
29 operators or owners who are non-residents of the state of New York. In
30 no case shall a default judgment be rendered or, where required, a
31 notice of impending default judgment be sent, more than two years after
32 the expiration of the time prescribed for entering a plea. When a person
33 has demanded a hearing, no fine or penalty shall be imposed for any
34 reason, prior to the holding of the hearing. If the hearing examiner
35 shall make a determination on the charges, sustaining them, he shall
36 impose no greater penalty or fine than those upon which the person was
37 originally charged.
38 § 8. Subparagraph (i) of paragraph a of subdivision 5-a of section 401
39 of the vehicle and traffic law, as amended by section 9 of chapter 189
40 of the laws of 2013, 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 administrative tribunal of appropriate
45 jurisdiction that the registrant or his or her representative failed to
46 appear on the return date or any subsequent adjourned date or failed to
47 comply with the rules and regulations of an administrative tribunal
48 following entry of a final decision in response to a total of three or
49 more summonses or other process in the aggregate, issued within an eigh-
50 teen month period, charging either that: (i) such motor vehicle was
51 parked, stopped or standing, or that such motor vehicle was operated for
52 hire by the registrant or his or her agent without being licensed as a
53 motor vehicle for hire by the appropriate local authority, in violation
54 of any of the provisions of this chapter or of any law, ordinance, rule
55 or regulation made by a local authority; or (ii) the registrant was
56 liable in accordance with section eleven hundred eleven-a [of this chap-
S. 7236--A 18
1 ter or], 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, the commis-
9 sioner or his or her agent shall deny the registration or renewal appli-
10 cation until the applicant provides proof from the court, traffic and
11 parking violations agency or administrative tribunal wherein the charges
12 are pending that an appearance or answer has been made or in the case of
13 an administrative tribunal that he or she has complied with the rules
14 and regulations of said tribunal following entry of a final decision.
15 Where an application is denied pursuant to this section, the commission-
16 er may, in his or her discretion, deny a registration or renewal appli-
17 cation to any other person for the same vehicle and may deny a registra-
18 tion or renewal application for any other motor vehicle registered in
19 the name of the applicant where the commissioner has determined that
20 such registrant's intent has been to evade the purposes of this subdivi-
21 sion and where the commissioner has reasonable grounds to believe that
22 such registration or renewal will have the effect of defeating the
23 purposes of this subdivision. Such denial shall only remain in effect as
24 long as the summonses remain unanswered, or in the case of an adminis-
25 trative tribunal, the registrant fails to comply with the rules and
26 regulations following entry of a final decision.
27 § 8-a. Paragraph a of subdivision 5-a of section 401 of the vehicle
28 and traffic law, as amended by section 9-a of chapter 189 of the laws of
29 2013, is amended to read as follows:
30 a. If at the time of application for a registration or renewal thereof
31 there is a certification from a court or administrative tribunal of
32 appropriate jurisdiction that the registrant or his or her represen-
33 tative failed to appear on the return date or any subsequent adjourned
34 date or failed to comply with the rules and regulations of an adminis-
35 trative tribunal following entry of a final decision in response to a
36 total of three or more summonses or other process in the aggregate,
37 issued within an eighteen month period, charging either that: (i) such
38 motor vehicle was parked, stopped or standing, or that such motor vehi-
39 cle was operated for hire by the registrant or his or her agent without
40 being licensed as a motor vehicle for hire by the appropriate local
41 authority, in violation of any of the provisions of this chapter or of
42 any law, ordinance, rule or regulation made by a local authority; or
43 (ii) the registrant was liable in accordance with section eleven hundred
44 eleven-b of this chapter for a violation of subdivision (d) of section
45 eleven hundred eleven of this chapter; or (iii) the registrant was
46 liable in accordance with section eleven hundred eleven-c of this chap-
47 ter for a violation of a bus lane restriction as defined in such
48 section; or (iv) the registrant was liable in accordance with section
49 eleven hundred eleven-d of this chapter for a violation of subdivision
50 (d) of section eleven hundred eleven of this chapter or [(iv)] (v) the
51 registrant was liable in accordance with section eleven hundred eighty-b
52 of this chapter for a violation of subdivision (b), (c), (d), (f) or (g)
53 of section eleven hundred eighty of this chapter, the commissioner or
54 his or her agent shall deny the registration or renewal application
55 until the applicant provides proof from the court or administrative
56 tribunal wherein the charges are pending that an appearance or answer
S. 7236--A 19
1 has been made or in the case of an administrative tribunal that he or
2 she has complied with the rules and regulations of said tribunal follow-
3 ing entry of a final decision. Where an application is denied pursuant
4 to this section, the commissioner may, in his or her discretion, deny a
5 registration or renewal application to any other person for the same
6 vehicle and may deny a registration or renewal application for any other
7 motor vehicle registered in the name of the applicant where the commis-
8 sioner has determined that such registrant's intent has been to evade
9 the purposes of this subdivision and where the commissioner has reason-
10 able grounds to believe that such registration or renewal will have the
11 effect of defeating the purposes of this subdivision. Such denial shall
12 only remain in effect as long as the summonses remain unanswered, or in
13 the case of an administrative tribunal, the registrant fails to comply
14 with the rules and regulations following entry of a final decision.
15 § 8-b. Paragraph a of subdivision 5-a of section 401 of the vehicle
16 and traffic law, as amended by section 9-b of chapter 189 of the laws of
17 2013, is amended to read as follows:
18 a. If at the time of application for a registration or renewal thereof
19 there is a certification from a court or administrative tribunal of
20 appropriate jurisdiction that the registrant or his or her represen-
21 tative failed to appear on the return date or any subsequent adjourned
22 date or failed to comply with the rules and regulations of an adminis-
23 trative tribunal following entry of a final decision in response to
24 three or more summonses or other process, issued within an eighteen
25 month period, charging that: (i) such motor vehicle was parked, stopped
26 or standing, or that such motor vehicle was operated for hire by the
27 registrant or his or her agent without being licensed as a motor vehicle
28 for hire by the appropriate local authority, in violation of any of the
29 provisions of this chapter or of any law, ordinance, rule or regulation
30 made by a local authority; or (ii) the registrant was liable in accord-
31 ance with section eleven hundred eleven-c of this chapter for a
32 violation of a bus lane restriction as defined in such section[,]; or
33 (iii) the registrant was liable in accordance with section eleven
34 hundred eleven-d of this chapter for a violation of subdivision (d) of
35 section eleven hundred eleven of this chapter; or (iv) the registrant
36 was liable in accordance with section eleven hundred eighty-b of this
37 chapter for a violation of subdivision (b), (c), (d), (f) or (g) of
38 section eleven hundred eighty of this chapter, the commissioner or his
39 or her agent shall deny the registration or renewal application until
40 the applicant provides proof from the court or administrative tribunal
41 wherein the charges are pending that an appearance or answer has been
42 made or in the case of an administrative tribunal that he or she has
43 complied with the rules and regulations of said tribunal following entry
44 of a final decision. Where an application is denied pursuant to this
45 section, the commissioner may, in his or her discretion, deny a regis-
46 tration or renewal application to any other person for the same vehicle
47 and may deny a registration or renewal application for any other motor
48 vehicle registered in the name of the applicant where the commissioner
49 has determined that such registrant's intent has been to evade the
50 purposes of this subdivision and where the commissioner has reasonable
51 grounds to believe that such registration or renewal will have the
52 effect of defeating the purposes of this subdivision. Such denial shall
53 only remain in effect as long as the summonses remain unanswered, or in
54 the case of an administrative tribunal, the registrant fails to comply
55 with the rules and regulations following entry of a final decision.
S. 7236--A 20
1 § 8-c. Paragraph a of subdivision 5-a of section 401 of the vehicle
2 and traffic law, as amended by section 9-c of chapter 189 of the laws of
3 2013, is amended to read as follows:
4 a. If at the time of application for a registration or renewal thereof
5 there is a certification from a court or administrative tribunal of
6 appropriate jurisdiction that the registrant or his representative
7 failed to appear on the return date or any subsequent adjourned date or
8 failed to comply with the rules and regulations of an administrative
9 tribunal following entry of a final decision in response to three or
10 more summonses or other process, issued within an eighteen month period,
11 charging that: (i) such motor vehicle was parked, stopped or standing,
12 or that such motor vehicle was operated for hire by the registrant or
13 his agent without being licensed as a motor vehicle for hire by the
14 appropriate local authority, in violation of any of the provisions of
15 this chapter or of any law, ordinance, rule or regulation made by a
16 local authority[,]; or (ii) the registrant was liable in accordance with
17 section eleven hundred eleven-d of this chapter for a violation of
18 subdivision (d) of section eleven hundred eleven of this chapter; or
19 (iii) the registrant was liable in accordance with section eleven
20 hundred eighty-b of this chapter for violations of subdivision (b), (c),
21 (d), (f) or (g) of section eleven hundred eighty of this chapter, the
22 commissioner or his agent shall deny the registration or renewal appli-
23 cation until the applicant provides proof from the court or administra-
24 tive tribunal wherein the charges are pending that an appearance or
25 answer has been made or in the case of an administrative tribunal that
26 he has complied with the rules and regulations of said tribunal follow-
27 ing entry of a final decision. Where an application is denied pursuant
28 to this section, the commissioner may, in his discretion, deny a regis-
29 tration or renewal application to any other person for the same vehicle
30 and may deny a registration or renewal application for any other motor
31 vehicle registered in the name of the applicant where the commissioner
32 has determined that such registrant's intent has been to evade the
33 purposes of this subdivision and where the commissioner has reasonable
34 grounds to believe that such registration or renewal will have the
35 effect of defeating the purposes of this subdivision. Such denial shall
36 only remain in effect as long as the summonses remain unanswered, or in
37 the case of an administrative tribunal, the registrant fails to comply
38 with the rules and regulations following entry of a final decision.
39 § 8-d. Paragraph a of subdivision 5-a of section 401 of the vehicle
40 and traffic law, as separately amended by chapters 339 and 592 of the
41 laws of 1987, is amended to read as follows:
42 a. If at the time of application for a registration or renewal thereof
43 there is a certification from a court or administrative tribunal of
44 appropriate jurisdiction that the registrant or his representative
45 failed to appear on the return date or any subsequent adjourned date or
46 failed to comply with the rules and regulations of an administrative
47 tribunal following entry of a final decision in response to three or
48 more summonses or other process, issued within an eighteen month period,
49 charging that such motor vehicle was parked, stopped or standing, or
50 that such motor vehicle was operated for hire by the registrant or his
51 agent without being licensed as a motor vehicle for hire by the appro-
52 priate local authority, in violation of any of the provisions of this
53 chapter or of any law, ordinance, rule or regulation made by a local
54 authority, or the registrant was liable in accordance with section elev-
55 en hundred eleven-d of this chapter for a violation of subdivision (d)
56 of section eleven hundred eleven of this chapter, the commissioner or
S. 7236--A 21
1 his agent shall deny the registration or renewal application until the
2 applicant provides proof from the court or administrative tribunal wher-
3 ein the charges are pending that an appearance or answer has been made
4 or in the case of an administrative tribunal that he has complied with
5 the rules and regulations of said tribunal following entry of a final
6 decision. Where an application is denied pursuant to this section, the
7 commissioner may, in his discretion, deny a registration or renewal
8 application to any other person for the same vehicle and may deny a
9 registration or renewal application for any other motor vehicle regis-
10 tered in the name of the applicant where the commissioner has determined
11 that such registrant's intent has been to evade the purposes of this
12 subdivision and where the commissioner has reasonable grounds to believe
13 that such registration or renewal will have the effect of defeating the
14 purposes of this subdivision. Such denial shall only remain in effect as
15 long as the summonses remain unanswered, or in the case of an adminis-
16 trative tribunal, the registrant fails to comply with the rules and
17 regulations following entry of a final decision.
18 § 9. The vehicle and traffic law is amended by adding a new section
19 1111-d to read as follows:
20 § 1111-d. Owner liability for failure of operator to comply with
21 traffic-control indications. (a) 1. Notwithstanding any other provision
22 of law, the city of Mt. Vernon is hereby authorized and empowered to
23 adopt and amend a local law or ordinance establishing a demonstration
24 program imposing monetary liability on the owner of a vehicle for fail-
25 ure of an operator thereof to comply with traffic-control indications in
26 such city in accordance with the provisions of this section. Such demon-
27 stration program shall empower such city to install and operate traff-
28 ic-control signal photo violation-monitoring devices at no more than
29 twelve intersections within such city at any one time.
30 2. Such demonstration program shall utilize necessary technologies to
31 ensure, to the extent practicable, that photographs produced by such
32 traffic-control signal photo violation-monitoring systems shall not
33 include images that identify the driver, the passengers, or the contents
34 of the vehicle. Provided, however, that no notice of liability issued
35 pursuant to this section shall be dismissed solely because a photograph
36 or photographs allow for the identification of the contents of a vehi-
37 cle, provided that such city has made a reasonable effort to comply with
38 the provisions of this paragraph.
39 (b) In any such city which has adopted a local law or ordinance pursu-
40 ant to subdivision (a) of this section, the owner of a vehicle shall be
41 liable for a penalty imposed pursuant to this section if such vehicle
42 was used or operated with the permission of the owner, express or
43 implied, in violation of subdivision (d) of section eleven hundred elev-
44 en of this article, and such violation is evidenced by information
45 obtained from a traffic-control signal photo violation-monitoring
46 system; provided however that no owner of a vehicle shall be liable for
47 a penalty imposed pursuant to this section where the operator of such
48 vehicle has been convicted of the underlying violation of subdivision
49 (d) of section eleven hundred eleven of this article.
50 (c) For purposes of this section, "owner" shall have the meaning
51 provided in article two-B of this chapter. For purposes of this section,
52 "traffic-control signal photo violation-monitoring system" shall mean a
53 vehicle sensor installed to work in conjunction with a traffic-control
54 signal which automatically produces two or more photographs, two or more
55 microphotographs, a videotape or other recorded images of each vehicle
S. 7236--A 22
1 at the time it is used or operated in violation of subdivision (d) of
2 section eleven hundred eleven of this article.
3 (d) A certificate, sworn to or affirmed by a technician employed by
4 the city of Mt. Vernon in which the charged violation occurred, or a
5 facsimile thereof, based upon inspection of photographs, microphoto-
6 graphs, videotape or other recorded images produced by a traffic-control
7 signal photo violation-monitoring system, shall be prima facie evidence
8 of the facts contained therein. Any photographs, microphotographs, vide-
9 otape or other recorded images evidencing such a violation shall be
10 available for inspection in any proceeding to adjudicate the liability
11 for such violation pursuant to a local law or ordinance adopted pursuant
12 to this section.
13 (e) An owner liable for a violation of subdivision (d) of section
14 eleven hundred eleven of this article pursuant to a local law or ordi-
15 nance adopted pursuant to this section shall be liable for monetary
16 penalties in accordance with a schedule of fines and penalties to be set
17 forth in such local law or ordinance, except that if such city by local
18 law has authorized the adjudication of such owner liability by a parking
19 violations bureau, such schedule shall be promulgated by such bureau.
20 The liability of the owner pursuant to this section shall not exceed
21 fifty dollars for each violation; provided, however, that such local law
22 or ordinance may provide for an additional penalty not in excess of
23 twenty-five dollars for each violation for the failure to respond to a
24 notice of liability within the prescribed time period.
25 (f) An imposition of liability under a local law or ordinance adopted
26 pursuant to this section shall not be deemed a conviction as an operator
27 and shall not be made part of the operating record of the person upon
28 whom such liability is imposed nor shall it be used for insurance
29 purposes in the provision of motor vehicle insurance coverage.
30 (g) 1. A notice of liability shall be sent by first class mail to each
31 person alleged to be liable as an owner for a violation of subdivision
32 (d) of section eleven hundred eleven of this article pursuant to this
33 section. Personal delivery on the owner shall not be required. A manual
34 or automatic record of mailing prepared in the ordinary course of busi-
35 ness shall be prima facie evidence of the facts contained therein.
36 2. A notice of liability shall contain the name and address of the
37 person alleged to be liable as an owner for a violation of subdivision
38 (d) of section eleven hundred eleven of this article pursuant to this
39 section, the registration number of the vehicle involved in such
40 violation, the location where such violation took place, the date and
41 time of such violation and the identification number of the camera which
42 recorded the violation or other document locator number.
43 3. The notice of liability shall contain information advising the
44 person charged of the manner and the time in which he or she may contest
45 the liability alleged in the notice. Such notice of liability shall also
46 contain a warning to advise the persons charged that failure to contest
47 in the manner and time provided shall be deemed an admission of liabil-
48 ity and that a default judgment may be entered thereon.
49 4. The notice of liability shall be prepared and mailed by the city of
50 Mt. Vernon, or by any other entity authorized by such city to prepare
51 and mail such notification of violation.
52 (h) Adjudication of the liability imposed upon owners by this section
53 shall be by a traffic violations bureau established pursuant to section
54 three hundred seventy of the general municipal law or, if there be none,
55 by the court having jurisdiction over traffic infractions, except that
56 if such city has established an administrative tribunal to hear and
S. 7236--A 23
1 determine complaints of traffic infractions constituting parking, stand-
2 ing or stopping violations such city may, by local law, authorize such
3 adjudication by such tribunal.
4 (i) If an owner receives a notice of liability pursuant to this
5 section for any time period during which the vehicle was reported to the
6 police department as having been stolen, it shall be a valid defense to
7 an allegation of liability for a violation of subdivision (d) of section
8 eleven hundred eleven of this article pursuant to this section that the
9 vehicle had been reported to the police as stolen prior to the time the
10 violation occurred and had not been recovered by such time. For purposes
11 of asserting the defense provided by this subdivision it shall be suffi-
12 cient that a certified copy of the police report on the stolen vehicle
13 be sent by first class mail to the traffic violations bureau, court
14 having jurisdiction or parking violations bureau.
15 (j) 1. In such city where the adjudication of liability imposed upon
16 owners pursuant to this section is by a traffic violations bureau or a
17 court having jurisdiction, an owner who is a lessor of a vehicle to
18 which a notice of liability was issued pursuant to subdivision (g) of
19 this section shall not be liable for the violation of subdivision (d) of
20 section eleven hundred eleven of this article, provided that he or she
21 sends to the traffic violations bureau or court having jurisdiction a
22 copy of the rental, lease or other such contract document covering such
23 vehicle on the date of the violation, with the name and address of the
24 lessee clearly legible, within thirty-seven days after receiving notice
25 from the bureau or court of the date and time of such violation, togeth-
26 er with the other information contained in the original notice of
27 liability. Failure to send such information within such thirty-seven day
28 time period shall render the owner liable for the penalty prescribed by
29 this section. Where the lessor complies with the provisions of this
30 paragraph, the lessee of such vehicle on the date of such violation
31 shall be deemed to be the owner of such vehicle for purposes of this
32 section, shall be subject to liability for the violation of subdivision
33 (d) of section eleven hundred eleven of this article pursuant to this
34 section and shall be sent a notice of liability pursuant to subdivision
35 (g) of this section.
36 2. (I) In such city which, by local law, has authorized the adjudi-
37 cation of liability imposed upon owners by this section by a parking
38 violations bureau, an owner who is a lessor of a vehicle to which a
39 notice of liability was issued pursuant to subdivision (g) of this
40 section shall not be liable for the violation of subdivision (d) of
41 section eleven hundred eleven of this article, provided that:
42 (A) prior to the violation, the lessor has filed with the bureau in
43 accordance with the provisions of section two hundred thirty-nine of
44 this chapter; and
45 (B) within thirty-seven days after receiving notice from the bureau of
46 the date and time of a liability, together with the other information
47 contained in the original notice of liability, the lessor submits to the
48 bureau the correct name and address of the lessee of the vehicle identi-
49 fied in the notice of liability at the time of such violation, together
50 with such other additional information contained in the rental, lease or
51 other contract document, as may be reasonably required by the bureau
52 pursuant to regulations that may be promulgated for such purpose.
53 (II) Failure to comply with clause (B) of subparagraph (I) of this
54 paragraph shall render the owner liable for the penalty prescribed in
55 this section.
S. 7236--A 24
1 (III) Where the lessor complies with the provisions of this paragraph,
2 the lessee of such vehicle on the date of such violation shall be deemed
3 to be the owner of such vehicle for purposes of this section, shall be
4 subject to liability for such violation pursuant to this section and
5 shall be sent a notice of liability pursuant to subdivision (g) of this
6 section.
7 (k) 1. If the owner liable for a violation of subdivision (d) of
8 section eleven hundred eleven of this article pursuant to this section
9 was not the operator of the vehicle at the time of the violation, the
10 owner may maintain an action for indemnification against the operator.
11 2. Notwithstanding any other provision of this section, no owner of a
12 vehicle shall be subject to a monetary fine imposed pursuant to this
13 section if the operator of such vehicle was operating such vehicle with-
14 out the consent of the owner at the time such operator failed to obey a
15 traffic-control indication. For purposes of this subdivision there shall
16 be a presumption that the operator of such vehicle was operating such
17 vehicle with the consent of the owner at the time such operator failed
18 to obey a traffic-control indication.
19 (l) Nothing in this section shall be construed to limit the liability
20 of an operator of a vehicle for any violation of subdivision (d) of
21 section eleven hundred eleven of this article.
22 (m) In any such city which adopts a demonstration program pursuant to
23 subdivision (a) of this section, such city shall submit an annual report
24 on the results of the use of a traffic-control signal photo violation-
25 monitoring system to the governor, the temporary president of the senate
26 and the speaker of the assembly on or before June first, two thousand
27 fifteen and on the same date in each succeeding year in which the demon-
28 stration program is operable. Such report shall include, but not be
29 limited to:
30 1. a description of the locations where traffic-control signal photo
31 violation-monitoring systems were used;
32 2. the aggregate number, type and severity of accidents reported at
33 intersections where a traffic-control signal photo violation-monitoring
34 system is used for the year preceding the installation of such system,
35 to the extent the information is maintained by the department of motor
36 vehicles of this state;
37 3. the aggregate number, type and severity of accidents reported at
38 intersections where a traffic-control signal photo violation-monitoring
39 system is used, to the extent the information is maintained by the
40 department of motor vehicles of this state;
41 4. the number of violations recorded at each intersection where a
42 traffic-control signal photo violation-monitoring system is used and in
43 the aggregate on a daily, weekly and monthly basis;
44 5. the total number of notices of liability issued for violations
45 recorded by such systems;
46 6. the number of fines and total amount of fines paid after first
47 notice of liability issued for violations recorded by such systems;
48 7. the number of violations adjudicated and results of such adjudi-
49 cations including breakdowns of dispositions made for violations
50 recorded by such systems;
51 8. the total amount of revenue realized by such city from such adjudi-
52 cations;
53 9. expenses incurred by such city in connection with the program; and
54 10. quality of the adjudication process and its results.
55 (n) It shall be a defense to any prosecution for a violation of subdi-
56 vision (d) of section eleven hundred eleven of this article pursuant to
S. 7236--A 25
1 a local law or ordinance adopted pursuant to this section that such
2 traffic-control indications were malfunctioning at the time of the
3 alleged violation.
4 § 10. The opening paragraph and paragraph (c) of subdivision 1 of
5 section 1809 of the vehicle and traffic law, as amended by section 11 of
6 chapter 189 of the laws of 2013, are amended to read as follows:
7 Whenever proceedings in an administrative tribunal or a court of this
8 state result in a conviction for an offense under this chapter or a
9 traffic infraction under this chapter, or a local law, ordinance, rule
10 or regulation adopted pursuant to this chapter, other than a traffic
11 infraction involving standing, stopping, or parking or violations by
12 pedestrians or bicyclists, or other than an adjudication of liability of
13 an owner for a violation of subdivision (d) of section eleven hundred
14 eleven of this chapter in accordance with section eleven hundred
15 eleven-a of this chapter, or other than an adjudication of liability of
16 an owner for a violation of subdivision (d) of section eleven hundred
17 eleven of this chapter in accordance with section eleven hundred
18 eleven-b of this chapter, or other than an adjudication in accordance
19 with section eleven hundred eleven-c of this chapter for a violation of
20 a bus lane restriction as defined in such section, or other than an
21 adjudication of liability of an owner for a violation of subdivision (d)
22 of section eleven hundred eleven of this chapter in accordance with
23 section eleven hundred eleven-d of this chapter, or other than an adju-
24 dication of liability of an owner for a violation of subdivision (b),
25 (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in
26 accordance with section eleven hundred eighty-b of this chapter, there
27 shall be levied a crime victim assistance fee and a mandatory surcharge,
28 in addition to any sentence required or permitted by law, in accordance
29 with the following schedule:
30 (c) Whenever proceedings in an administrative tribunal or a court of
31 this state result in a conviction for an offense under this chapter
32 other than a crime pursuant to section eleven hundred ninety-two of this
33 chapter, or a traffic infraction under this chapter, or a local law,
34 ordinance, rule or regulation adopted pursuant to this chapter, other
35 than a traffic infraction involving standing, stopping, or parking or
36 violations by pedestrians or bicyclists, or other than an adjudication
37 of liability of an owner for a violation of subdivision (d) of section
38 eleven hundred eleven of this chapter in accordance with section eleven
39 hundred eleven-a of this chapter, or other than an adjudication of
40 liability of an owner for a violation of subdivision (d) of section
41 eleven hundred eleven of this chapter in accordance with section eleven
42 hundred eleven-b of this chapter, or other than an adjudication of
43 liability of an owner for a violation of subdivision (d) of section
44 eleven hundred eleven of this chapter in accordance with section eleven
45 hundred eleven-d of this chapter, or other than an infraction pursuant
46 to article nine of this chapter or other than an adjudication of liabil-
47 ity of an owner for a violation of toll collection regulations pursuant
48 to section two thousand nine hundred eighty-five of the public authori-
49 ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
50 hundred seventy-four of the laws of nineteen hundred fifty or other than
51 an adjudication in accordance with section eleven hundred eleven-c of
52 this chapter for a violation of a bus lane restriction as defined in
53 such section, or other than an adjudication of liability of an owner for
54 a violation of subdivision (b), (c), (d), (f) or (g) of section eleven
55 hundred eighty of this chapter in accordance with section eleven hundred
56 eighty-b of this chapter, there shall be levied a crime victim assist-
S. 7236--A 26
1 ance fee in the amount of five dollars and a mandatory surcharge, in
2 addition to any sentence required or permitted by law, in the amount of
3 fifty-five dollars.
4 § 10-a. Subdivision 1 of section 1809 of the vehicle and traffic law,
5 as amended by section 11-a of chapter 189 of the laws of 2013, is
6 amended to read as follows:
7 1. Whenever proceedings in an administrative tribunal or a court of
8 this state result in a conviction for a crime under this chapter or a
9 traffic infraction under this chapter, or a local law, ordinance, rule
10 or regulation adopted pursuant to this chapter, other than a traffic
11 infraction involving standing, stopping, parking or motor vehicle equip-
12 ment or violations by pedestrians or bicyclists, or other than an adju-
13 dication of liability of an owner for a violation of subdivision (d) of
14 section eleven hundred eleven of this chapter in accordance with section
15 eleven hundred eleven-a of this chapter, or other than an adjudication
16 of liability of an owner for a violation of subdivision (d) of section
17 eleven hundred eleven of this chapter in accordance with section eleven
18 hundred eleven-b of this chapter, or other than an adjudication in
19 accordance with section eleven hundred eleven-c of this chapter for a
20 violation of a bus lane restriction as defined in such section, 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-d of this chapter, or
24 other than an adjudication of liability of an owner for a violation of
25 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty
26 of this chapter in accordance with section eleven hundred eighty-b of
27 this chapter, there shall be levied a mandatory surcharge, in addition
28 to any sentence required or permitted by law, in the amount of twenty-
29 five dollars.
30 § 10-b. Subdivision 1 of section 1809 of the vehicle and traffic law,
31 as amended by section 11-b of chapter 189 of the laws of 2013, is
32 amended to read as follows:
33 1. Whenever proceedings in an administrative tribunal or a court of
34 this state result in a conviction for a crime under this chapter or a
35 traffic infraction under this chapter other than a traffic infraction
36 involving standing, stopping, parking or motor vehicle equipment or
37 violations by pedestrians or bicyclists, or other than an adjudication
38 in accordance with section eleven hundred eleven-c of this chapter for a
39 violation of a bus lane restriction as defined in such section, or other
40 than an adjudication of liability of an owner for a violation of subdi-
41 vision (d) of section eleven hundred eleven of this chapter in accord-
42 ance with section eleven hundred eleven-d of this chapter, or other than
43 an adjudication of liability of an owner for a violation of subdivision
44 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
45 ter in accordance with section eleven hundred eighty-b of this chapter,
46 there shall be levied a mandatory surcharge, in addition to any sentence
47 required or permitted by law, in the amount of seventeen dollars.
48 § 10-c. Subdivision 1 of section 1809 of the vehicle and traffic law,
49 as amended by section 11-c of chapter 189 of the laws of 2013, is
50 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), (c), (d),
S. 7236--A 27
1 (f) or (g) of section eleven hundred eighty of this chapter in accord-
2 ance with section eleven hundred eighty-b of this chapter, or other than
3 an adjudication of liability of an owner for a violation of subdivision
4 (d) of section eleven hundred eleven of this chapter in accordance with
5 section eleven hundred eleven-d of this chapter, there shall be levied a
6 mandatory surcharge, in addition to any sentence required or permitted
7 by law, in the amount of seventeen dollars.
8 § 10-d. Subdivision 1 of section 1809 of the vehicle and traffic law,
9 as separately amended by chapter 16 of the laws of 1983 and chapter 62
10 of the laws of 1989, is amended to read as follows:
11 1. Whenever proceedings in an administrative tribunal or a court of
12 this state result in a conviction for a crime under this chapter or a
13 traffic infraction under this chapter other than a traffic infraction
14 involving standing, stopping, parking or motor vehicle equipment or
15 violations by pedestrians or bicyclists, or other than an adjudication
16 of liability of an owner for a violation of subdivision (d) of section
17 eleven hundred eleven of this chapter in accordance with section eleven
18 hundred eleven-d of this chapter, there shall be levied a mandatory
19 surcharge, in addition to any sentence required or permitted by law, in
20 the amount of seventeen dollars.
21 § 11. Paragraph a of subdivision 1 of section 1809-e of the vehicle
22 and traffic law, as amended by section 12-a of chapter 189 of the laws
23 of 2013, is amended to read as follows:
24 a. Notwithstanding any other provision of law, whenever proceedings in
25 a court or an administrative tribunal of this state result in a
26 conviction for an offense under this chapter, except a conviction pursu-
27 ant to section eleven hundred ninety-two of this chapter, or for a traf-
28 fic infraction under this chapter, or a local law, ordinance, rule or
29 regulation adopted pursuant to this chapter, except a traffic infraction
30 involving standing, stopping, or parking or violations by pedestrians or
31 bicyclists, and except an adjudication of liability of an owner for a
32 violation of subdivision (d) of section eleven hundred eleven of this
33 chapter in accordance with section eleven hundred eleven-a of this chap-
34 ter or in accordance with section eleven hundred eleven-d of this chap-
35 ter, and except an adjudication of liability of an owner for a violation
36 of subdivision (d) of section eleven hundred eleven of this chapter in
37 accordance with section eleven hundred eleven-b of this chapter, and
38 except an adjudication in accordance with section eleven hundred
39 eleven-c of this chapter of a violation of a bus lane restriction as
40 defined in such section, and [expect] except an adjudication of liabil-
41 ity of an owner for a violation of subdivision (b), (c), (d), (f) or (g)
42 of section eleven hundred eighty of this chapter in accordance with
43 section eleven hundred eighty-b of this chapter, and except an adjudi-
44 cation of liability of an owner for a violation of toll collection regu-
45 lations pursuant to section two thousand nine hundred eighty-five of the
46 public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
47 chapter seven hundred seventy-four of the laws of nineteen hundred
48 fifty, there shall be levied in addition to any sentence, penalty or
49 other surcharge required or permitted by law, an additional surcharge of
50 twenty-eight dollars.
51 § 11-a. Paragraph a of subdivision 1 of section 1809-e of the vehicle
52 and traffic law, as amended by section 12-b of chapter 189 of the laws
53 of 2013, is amended to read as follows:
54 a. Notwithstanding any other provision of law, whenever proceedings in
55 a court or an administrative tribunal of this state result in a
56 conviction for an offense under this chapter, except a conviction pursu-
S. 7236--A 28
1 ant to section eleven hundred ninety-two of this chapter, or for a traf-
2 fic infraction under this chapter, or a local law, ordinance, rule or
3 regulation adopted pursuant to this chapter, except a traffic infraction
4 involving standing, stopping, or parking or violations by pedestrians or
5 bicyclists, 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-a of this chap-
8 ter or in accordance with section eleven hundred eleven-d of this chap-
9 ter, and except an adjudication in accordance with section eleven
10 hundred eleven-c of this chapter of a violation of a bus lane
11 restriction as defined in such section, and except an adjudication of
12 liability of an owner for a violation of subdivision (b), (c), (d), (f)
13 or (g) of section eleven hundred eighty of this chapter in accordance
14 with section eleven hundred eighty-b of this chapter, and except an
15 adjudication of liability of an owner for a violation of toll collection
16 regulations pursuant to section two thousand nine hundred eighty-five of
17 the public authorities law or sections sixteen-a, sixteen-b and
18 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
19 hundred fifty, there shall be levied in addition to any sentence, penal-
20 ty or other surcharge required or permitted by law, an additional
21 surcharge of twenty-eight dollars.
22 § 11-b. Paragraph a of subdivision 1 of section 1809-e of the vehicle
23 and traffic law, as amended by section 12-c of chapter 189 of the laws
24 of 2013, is amended to read as follows:
25 a. Notwithstanding any other provision of law, whenever proceedings in
26 a court or an administrative tribunal of this state result in a
27 conviction for an offense under this chapter, except a conviction pursu-
28 ant to section eleven hundred ninety-two of this chapter, or for a traf-
29 fic infraction under this chapter, or a local law, ordinance, rule or
30 regulation adopted pursuant to this chapter, except a traffic infraction
31 involving standing, stopping, or parking or violations by pedestrians or
32 bicyclists, and except an adjudication of liability of an owner for a
33 violation of subdivision (d) of section eleven hundred eleven of this
34 chapter in accordance with section eleven hundred eleven-a of this chap-
35 ter or in accordance with section eleven hundred eleven-d of this chap-
36 ter, and except an adjudication of liability of an owner for a violation
37 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred
38 eighty of this chapter in accordance with section eleven hundred eight-
39 y-b of this chapter, and except an adjudication of liability of an owner
40 for a violation of toll collection regulations pursuant to section two
41 thousand nine hundred eighty-five of the public authorities law or
42 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred
43 seventy-four of the laws of nineteen hundred fifty, there shall be
44 levied in addition to any sentence, penalty or other surcharge required
45 or permitted by law, an additional surcharge of twenty-eight dollars.
46 § 11-c. Paragraph a of subdivision 1 of section 1809-e of the vehicle
47 and traffic law, as amended by section 5 of part C of chapter 55 of the
48 laws of 2013, is amended to read as follows:
49 a. Notwithstanding any other provision of law, whenever proceedings in
50 a court or an administrative tribunal of this state result in a
51 conviction for an offense under this chapter, except a conviction pursu-
52 ant to section eleven hundred ninety-two of this chapter, or for a traf-
53 fic infraction under this chapter, or a local law, ordinance, rule or
54 regulation adopted pursuant to this chapter, except a traffic infraction
55 involving standing, stopping, or parking or violations by pedestrians or
56 bicyclists, and except an adjudication of liability of an owner for a
S. 7236--A 29
1 violation of subdivision (d) of section eleven hundred eleven of this
2 chapter in accordance with section eleven hundred eleven-a of this chap-
3 ter or in accordance with section eleven hundred eleven-d of this chap-
4 ter, and except an adjudication of liability of an owner for a violation
5 of toll collection regulations pursuant to section two thousand nine
6 hundred eighty-five of the public authorities law or sections sixteen-a,
7 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
8 laws of nineteen hundred fifty, there shall be levied in addition to any
9 sentence, penalty or other surcharge required or permitted by law, an
10 additional surcharge of twenty-eight dollars.
11 § 12. Subdivision 1 of section 371 of the general municipal law, as
12 separately amended by sections 20 of chapters 20 and 383 of the laws of
13 2009, is amended to read as follows:
14 1. A traffic violations bureau so established may be authorized to
15 dispose of violations of traffic laws, ordinances, rules and regulations
16 when such offenses shall not constitute the traffic infraction known as
17 speeding or a misdemeanor or felony, and, if authorized by local law or
18 ordinance, to adjudicate the liability of owners for violations of
19 subdivision (d) of section eleven hundred eleven of the vehicle and
20 traffic law in accordance with section eleven hundred eleven-a of such
21 law or section eleven hundred eleven-b of such law [as added by section
22 sixteen of the chapter of the laws of two thousand nine] as added by
23 sections sixteen of chapters twenty, twenty-one, and twenty-two of the
24 laws of two thousand nine which amended this [section] subdivision, or
25 section eleven hundred eleven-d of such law.
26 § 12-a. Section 371 of the general municipal law, as separately
27 amended by sections 21 of chapters 20 and 383 of the laws of 2009, is
28 amended to read as follows:
29 § 371. Jurisdiction and procedure. A traffic violations bureau so
30 established may be authorized to dispose of violations of traffic laws,
31 ordinances, rules and regulations when such offenses shall not consti-
32 tute the traffic infraction known as speeding or a misdemeanor or felo-
33 ny, and, if authorized by local law or ordinance, to adjudicate the
34 liability of owners for violations of subdivision (d) of section eleven
35 hundred eleven of the vehicle and traffic law in accordance with section
36 eleven hundred eleven-b of such law as added by [section] sections
37 sixteen of [the chapter] chapters twenty, twenty-one, and twenty-two of
38 the laws of two thousand nine which amended this section or section
39 eleven hundred eleven-d of such law, by permitting a person charged with
40 an offense within the limitations herein stated, to answer, within a
41 specified time, at the traffic violations bureau, either in person or by
42 written power of attorney in such form as may be prescribed in the ordi-
43 nance creating the bureau, by paying a prescribed fine and, in writing,
44 waiving a hearing in court, pleading guilty to the charge or admitting
45 liability as an owner for the violation of subdivision (d) of section
46 eleven hundred eleven of the vehicle and traffic law, as the case may
47 be, and authorizing the person in charge of the bureau to make such a
48 plea or admission and pay such a fine in court. Acceptance of the
49 prescribed fine and power of attorney by the bureau shall be deemed
50 complete satisfaction for the violation or of the liability, and the
51 violator or owner liable for a violation of subdivision (d) of section
52 eleven hundred eleven of the vehicle and traffic law shall be given a
53 receipt which so states. If a person charged with a traffic violation
54 does not answer as hereinbefore prescribed, within a designated time,
55 the bureau shall cause a complaint to be entered against him or her
56 forthwith and a warrant to be issued for his or her arrest and appear-
S. 7236--A 30
1 ance before the court. Any person who shall have been, within the
2 preceding twelve months, guilty of a number of parking violations in
3 excess of such maximum number as may be designated by the court, or of
4 three or more violations other than parking violations, shall not be
5 permitted to appear and answer to a subsequent violation at the traffic
6 violations bureau, but must appear in court at a time specified by the
7 bureau. Such traffic violations bureau shall not be authorized to
8 deprive a person of his or her right to counsel or to prevent him or her
9 from exercising his or her right to appear in court to answer to,
10 explain, or defend any charge of a violation of any traffic law, ordi-
11 nance, rule or regulation.
12 § 12-b. Section 371 of the general municipal law, as amended by chap-
13 ter 802 of the laws of 1949, is amended to read as follows:
14 § 371. Jurisdiction and procedure. A traffic violations bureau so
15 established may be authorized to dispose of violations of traffic laws,
16 ordinances, rules and regulations when such offenses shall not consti-
17 tute the traffic infraction known as speeding or a misdemeanor or felo-
18 ny, and, if authorized by local law or ordinance, to adjudicate the
19 liability of owners for violations of subdivision (d) of section eleven
20 hundred eleven of the vehicle and traffic law in accordance with section
21 eleven hundred eleven-d of the vehicle and traffic law, by permitting a
22 person charged with an offense within the limitations herein stated, to
23 answer, within a specified time, at the traffic violations bureau,
24 either in person or by written power of attorney in such form as may be
25 prescribed in the ordinance creating the bureau, by paying a prescribed
26 fine and, in writing, waiving a hearing in court, pleading guilty to the
27 charge or admitting liability as an owner for the violation of subdivi-
28 sion (d) of section eleven hundred eleven of the vehicle and traffic
29 law, as the case may be, and authorizing the person in charge of the
30 bureau to make such a plea or admission and pay such a fine in court.
31 Acceptance of the prescribed fine and power of attorney by the bureau
32 shall be deemed complete satisfaction for the violation or of the
33 liability, and the violator or owner liable for a violation of subdivi-
34 sion (d) of section eleven hundred eleven of the vehicle and traffic law
35 shall be given a receipt which so states. If a person charged with a
36 traffic violation does not answer as hereinbefore prescribed, within a
37 designated time, the bureau shall cause a complaint to be entered
38 against him or her forthwith and a warrant to be issued for his or her
39 arrest and appearance before the court. Any person who shall have been,
40 within the preceding twelve months, guilty of a number of parking
41 violations in excess of such maximum number as may be designated by the
42 court, or of three or more violations other than parking violations,
43 shall not be permitted to appear and answer to a subsequent violation at
44 the traffic violations bureau, but must appear in court at a time speci-
45 fied by the bureau. Such traffic violations bureau shall not be author-
46 ized to deprive a person of his or her right to counsel or to prevent
47 him or her from exercising his or her right to appear in court to answer
48 to, explain, or defend any charge of a violation of any traffic law,
49 ordinance, rule or regulation.
50 § 13. Subdivision 2 of section 87 of the public officers law is
51 amended by adding a new paragraph (n) to read as follows:
52 (n) are photographs, microphotographs, videotape or other recorded
53 images prepared under authority of section eleven hundred eleven-d of
54 the vehicle and traffic law.
55 § 14. The purchase or lease of equipment for a demonstration program
56 established pursuant to section 1111-d of the vehicle and traffic law
S. 7236--A 31
1 shall be subject to the provisions of section 103 of the general munici-
2 pal law.
3 § 15. This act shall take effect on the thirtieth day after it shall
4 have become a law and shall expire 5 years after such effective date
5 when upon such date the provisions of this act shall be deemed repealed;
6 and provided further that any rules necessary for the implementation of
7 this act on its effective date shall be promulgated on or before such
8 effective date, provided that:
9 (a) the amendments to subdivision 1 of section 235 of the vehicle and
10 traffic law made by section one of this act shall not affect the expira-
11 tion of such subdivision and shall be deemed to expire therewith, when
12 upon such date the provisions of section one-a of this act shall take
13 effect;
14 (b) the amendments to section 235 of the vehicle and traffic law made
15 by section one-a of this act shall not affect the expiration of such
16 section and shall be deemed to expire therewith, when upon such date the
17 provisions of section one-b of this act shall take effect;
18 (c) the amendments to section 235 of the vehicle and traffic law made
19 by section one-b of this act shall not affect the expiration of such
20 section and shall be deemed to expire therewith, when upon such date the
21 provisions of section one-c of this act shall take effect;
22 (d) the amendments to section 235 of the vehicle and traffic law made
23 by section one-c of this act shall not affect the expiration of such
24 section and shall be deemed to expire therewith, when upon such date the
25 provisions of section one-d of this act shall take effect;
26 (e) the amendments to section 235 of the vehicle and traffic law made
27 by section one-d of this act shall not affect the expiration of such
28 section and shall be deemed to expire therewith, when upon such date the
29 provisions of section one-e of this act shall take effect;
30 (f) the amendments to subdivision 1 of section 236 of the vehicle and
31 traffic law made by section two of this act shall not affect the expira-
32 tion of such subdivision and shall be deemed to expire therewith, when
33 upon such date the provisions of section two-a of this act shall take
34 effect;
35 (g) the amendments to subdivision 1 of section 236 of the vehicle and
36 traffic law made by section two-a of this act shall not affect the expi-
37 ration of such subdivision and shall be deemed to expire therewith, when
38 upon such date the provisions of section two-b of this act shall take
39 effect;
40 (h) the amendments to subdivision 1 of section 236 of the vehicle and
41 traffic law made by section two-b of this act shall not affect the expi-
42 ration of such subdivision and shall be deemed to expire therewith, when
43 upon such date the provisions of section two-c of this act shall take
44 effect;
45 (i) the amendments to subdivision 1 of section 236 of the vehicle and
46 traffic law made by section two-c of this act shall not affect the expi-
47 ration of such subdivision and shall be deemed to expire therewith, when
48 upon such date the provisions of section two-d of this act shall take
49 effect;
50 (j) the amendments to paragraph f of subdivision 1 of section 239 of
51 the vehicle and traffic law made by section four of this act shall not
52 affect the expiration of such paragraph and shall be deemed to expire
53 therewith, when upon such date the provisions of section four-a of this
54 act shall take effect;
55 (k) the amendments to paragraph f of subdivision 1 of section 239 of
56 the vehicle and traffic law made by section four-a of this act shall not
S. 7236--A 32
1 affect the expiration of such paragraph and shall be deemed to expire
2 therewith, when upon such date the provisions of section four-b of this
3 act shall take effect;
4 (l) the amendments to paragraph f of subdivision 1 of section 239 of
5 the vehicle and traffic law made by section four-b of this act shall not
6 affect the expiration of such paragraph and shall be deemed to expire
7 therewith, when upon such date the provisions of section four-c of this
8 act shall take effect;
9 (m) the amendments to paragraph f of subdivision 1 of section 239 of
10 the vehicle and traffic law made by section four-c of this act shall not
11 affect the expiration of such paragraph and shall be deemed to expire
12 therewith, when upon such date the provisions of section four-d of this
13 act shall take effect;
14 (n) the amendments to subdivisions 1 and 1-a of section 240 of the
15 vehicle and traffic law made by section five of this act shall not
16 affect the expiration of such subdivisions and shall be deemed to expire
17 therewith, when upon such date the provisions of section five-a of this
18 act shall take effect;
19 (o) the amendments to subdivisions 1 and 1-a of section 240 of the
20 vehicle and traffic law made by section five-a of this act shall not
21 affect the expiration of such subdivisions and shall be deemed to expire
22 therewith, when upon such date the provisions of section five-b of this
23 act shall take effect;
24 (p) the amendments to subdivisions 1 and 1-a of section 240 of the
25 vehicle and traffic law made by section five-b of this act shall not
26 affect the expiration of such subdivisions and shall be deemed to expire
27 therewith, when upon such date the provisions of section five-c of this
28 act shall take effect;
29 (q) the amendments to subdivisions 1 and 1-a of section 240 of the
30 vehicle and traffic law made by section five-c of this act shall not
31 affect the expiration of such subdivisions and shall be deemed to expire
32 therewith, when upon such date the provisions of section five-d of this
33 act shall take effect;
34 (r) the amendments to paragraphs a and g of subdivision 2 of section
35 240 of the vehicle and traffic law made by section six of this act shall
36 not affect the expiration of such paragraphs and shall be deemed to
37 expire therewith, when upon such date the provisions of section six-a of
38 this act shall take effect;
39 (s) the amendments to paragraphs a and g of subdivision 2 of section
40 240 of the vehicle and traffic law made by section six-a of this act
41 shall not affect the expiration of such paragraphs and shall be deemed
42 to expire therewith, when upon such date the provisions of section six-b
43 of this act shall take effect;
44 (t) the amendments to paragraphs a and g of subdivision 2 of section
45 240 of the vehicle and traffic law made by section six-b of this act
46 shall not affect the expiration of such paragraphs and shall be deemed
47 to expire therewith, when upon such date the provisions of section six-c
48 of this act shall take effect;
49 (u) the amendments to paragraphs a and g of subdivision 2 of section
50 240 of the vehicle and traffic law made by section six-c of this act
51 shall not affect the expiration of such paragraphs and shall be deemed
52 to expire therewith, when upon such date the provisions of section six-d
53 of this act shall take effect;
54 (v) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
55 cle and traffic law made by section seven of this act shall not affect
56 the expiration of such subdivisions and shall be deemed to expire there-
S. 7236--A 33
1 with, when upon such date the provisions of section seven-a of this act
2 shall take effect;
3 (w) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
4 cle and traffic law made by section seven-a of this act shall not affect
5 the expiration of such subdivisions and shall be deemed to expire there-
6 with, when upon such date the provisions of section seven-b of this act
7 shall take effect;
8 (x) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
9 cle and traffic law made by section seven-b of this act shall not affect
10 the expiration of such subdivisions and shall be deemed to expire there-
11 with, when upon such date the provisions of section seven-c of this act
12 shall take effect;
13 (y) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
14 cle and traffic law made by section seven-c of this act shall not affect
15 the expiration of such subdivisions and shall be deemed to expire there-
16 with, when upon such date the provisions of section seven-d of this act
17 shall take effect;
18 (z) the amendments to subparagraph (i) of paragraph a of subdivision
19 5-a of section 401 of the vehicle and traffic law made by section eight
20 of this act shall not affect the expiration of such paragraph and shall
21 be deemed to expire therewith, when upon such date the provisions of
22 section eight-a of this act shall take effect;
23 (aa) the amendments to paragraph a of subdivision 5-a of section 401
24 of the vehicle and traffic law made by section eight-a of this act shall
25 not affect the expiration of such paragraph and shall be deemed to
26 expire therewith, when upon such date the provisions of section eight-b
27 of this act shall take effect;
28 (bb) the amendments to paragraph a of subdivision 5-a of section 401
29 of the vehicle and traffic law made by section eight-b of this act shall
30 not affect the expiration of such paragraph and shall be deemed to
31 expire therewith, when upon such date the provisions of section eight-c
32 of this act shall take effect;
33 (cc) the amendments to paragraph a of subdivision 5-a of section 401
34 of the vehicle and traffic law made by section eight-c of this act shall
35 not affect the expiration of such paragraph and shall be deemed to
36 expire therewith, when upon such date the provisions of section eight-d
37 of this act shall take effect;
38 (dd) the amendments to subdivision 1 of section 1809 of the vehicle
39 and traffic law made by section ten 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 ten-a of this act shall
42 take effect;
43 (ee) the amendments to subdivision 1 of section 1809 of the vehicle
44 and traffic law made by section ten-a of this act shall not affect the
45 expiration of such subdivision and shall be deemed to expire therewith,
46 when upon such date the provisions of section ten-b of this act shall
47 take effect;
48 (ff) the amendments to subdivision 1 of section 1809 of the vehicle
49 and traffic law made by section ten-b of this act shall not affect the
50 expiration of such subdivision and shall be deemed to expire therewith,
51 when upon such date the provisions of section ten-c of this act shall
52 take effect;
53 (gg) the amendments to subdivision 1 of section 1809 of the vehicle
54 and traffic law made by section ten-c of this act shall not affect the
55 expiration of such subdivision and shall be deemed to expire therewith,
S. 7236--A 34
1 when upon such date the provisions of section ten-d of this act shall
2 take effect;
3 (hh) the amendments to paragraph a of subdivision 1 of section 1809-e
4 of the vehicle and traffic law made by section eleven of this act shall
5 not affect the expiration of such paragraph and shall be deemed to
6 expire therewith, when upon such date the provisions of section eleven-a
7 of this act shall take effect;
8 (ii) the amendments to paragraph a of subdivision 1 of section 1809-e
9 of the vehicle and traffic law made by section eleven-a of this act
10 shall not affect the expiration of such paragraph and shall be deemed to
11 expire therewith, when upon such date the provisions of section eleven-b
12 of this act shall take effect;
13 (jj) the amendments to paragraph a of subdivision 1 of section 1809-e
14 of the vehicle and traffic law made by section eleven-b of this act
15 shall not affect the expiration of such paragraph and shall be deemed to
16 expire therewith, when upon such date the provisions of section eleven-c
17 of this act shall take effect;
18 (kk) the amendments made to subdivision 1 of section 371 of the gener-
19 al municipal law made by section twelve of this act shall not affect the
20 expiration of such subdivision and shall be deemed to expire therewith,
21 when upon such date the provisions of section twelve-a of this act shall
22 take effect; and
23 (ll) the amendments made to section 371 of the general municipal law
24 by section twelve-a of this act shall not affect the expiration of such
25 section and shall be deemed to expire therewith, when upon such date the
26 provisions of section twelve-b of this act shall take effect.
