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A00485 Summary:

BILL NOA00485B
 
SAME ASSAME AS S04682-B
 
SPONSORMagnarelli
 
COSPNSRBronson, Jacobson, Thiele, Simon, Lupardo, Reyes, Cook, Taylor, Griffin, Jean-Pierre, Barron, Dinowitz, Steck, Braunstein, Stirpe, Cymbrowitz, Glick, Carroll, Williams, Niou, Epstein, Rosenthal L, Lavine, McMahon, Gottfried, Rodriguez, Cruz, Otis, Abinanti, Perry, Buttenschon, Seawright, Wallace, Fahy, Dickens, Hunter, Aubry, Davila, Rozic, Paulin, Galef, Barnwell, Sillitti, McDonald, Clark, Meeks, Barrett, Lunsford, Burdick, Stern
 
MLTSPNSREnglebright
 
Amd V & T L, generally; add §371-a, Gen Muni L; amd §87, Pub Off L
 
Establishes a demonstration program implementing speed violation monitoring systems in work zones by means of photo devices; relates to notices of liability and the adjudication of certain traffic infractions involving the use of photo monitoring devices.
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A00485 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A485B
 
SPONSOR: Magnarelli
  TITLE OF BILL: An act to amend the vehicle and traffic law and the general municipal law, in relation to certain notices of liability; to repeal certain provisions of the vehicle and traffic law relating thereto; to amend the vehicle and traffic law and the public officers law, in relation to establishing a demonstration program implementing speed violation moni- toring systems in work zones by means of photo devices; and providing for the repeal of such provisions upon expiration thereof   PURPOSE OR GENERAL IDEA OF BILL: To create a pilot program placing speed cameras in work zones, which will establish the efficacy of using automatic speed monitoring systems for enforcement.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 creates a new section 235 of the vehicle and traffic law. Section 2 creates a new subdivision 1 of section 236 of the vehicle and traffic law. Section 3 creates a new paragraph f of subdivision 1 of section 239 of the vehicle and traffic law. Section 4 creates new subdivisions 1 and 1-a of section 240 of the vehi- cle and traffic law. Section 5 creates paragraphs a and g of subdivision 2 of section 240 of the vehicle and traffic law. Section 6 creates new subdivisions 1 and 2 of section 241 of the vehicle and traffic law. Section 7 creates a new paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law. Section 8 amends section 1809 of the vehicle and traffic law. Section 9 adds a new subdivision 1-a to section 1809 of the vehicle and traffic law to authorize a pilot program for speed enforcement cameras in work zones. Section 10 and its subsections amends subdivision 1 of section 1809-e of the vehicle and traffic law. Section 11 adds a new section 371-a to the general municipal law. Section 12 adds a new section 1180-e to the vehicle and traffic law. Section 13 adds two new subdivisions 11 and 12 to section 1803 of the vehicle and traffic law. Section 14 amends subdivision 2 of section 87 of the public officers law regarding all renderings from the demonstration program, including photographs, microphotographs, videotape or other recorded images. Section 15 establishes that purchasing or leasing of equipment for the demonstration program pursuant to section 1180-e of the vehicle and traffic law shall be subject to the provisions of section 103 of the general municipal law. Section 16 sets a 30-day warning period for the operation of the cameras. Section 17 establishes the effective date.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): Provides clarifications and modifications relating to the establishment of the program and related provisions.   JUSTIFICATION: Speed is a significant contributor to highway accidents. Automatic speed enforcement technologies have already been either trialed or implemented in a number of other states as well as in other countries. In Maryland, where speed cameras were first used statewide in 2010, photographic enforcement has resulted in a 10% mean reduction in driver speeds, a 59% reduction in the likelihood of a motorist traveling more than 10 mph over the speed limit, which in turn resulted in a 39% reduction in the likelihood of an accident resulting in an incapacitating injury and a 45% reduction in the number of fatalities from work-zone related acci- dents. According to data from the New York State Department of Transportation, from 2010-2016 there were 3,450 accidents in work zones on NYS highways that resulted in 50 fatalities and over 1,100 injuries to motorists and workers. According to the World Health Organization, for every increase in speed of 6 miles per hour, the likelihood of an accident involving injury increases by 20%. Stronger enforcement of speeding in work zones has the potential to significantly reduce both the incidence of motorist and worker fatalities while training better overall motorist behavior. This bill establishes a pilot program with a narrow enough scope to record strong data regarding the efficacy of using speed cameras in work zones to influence driver behavior. Worker safety is of paramount impor- tance, especially as the State continues to invest in repaving our roads and highways. The program will determine whether automatic enforcement mechanisms work in the context of work zones, whether stronger enforce- ment produces better outcomes for injury and fatalities, and whether money can be saved be reducing the labor costs associated with manual enforcement.   PRIOR LEGISLATIVE HISTORY: 2019-2020: A.8832-A   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: This act shall take effect immediately and shall expire 5 years after such effective date when upon such date the provisions of this act shall be deemed repealed.
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A00485 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         485--B
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 6, 2021
                                       ___________
 
        Introduced  by  M.  of  A. MAGNARELLI, BRONSON, JACOBSON, THIELE, SIMON,
          LUPARDO, REYES, COOK, TAYLOR, GRIFFIN, JEAN-PIERRE, BARRON,  DINOWITZ,
          STECK, BRAUNSTEIN, STIRPE, CYMBROWITZ, GLICK, CARROLL, WILLIAMS, NIOU,
          EPSTEIN,  L. ROSENTHAL,  LAVINE,  McMAHON, GOTTFRIED, RODRIGUEZ, CRUZ,
          OTIS, ABINANTI, PERRY, BUTTENSCHON, SEAWRIGHT, WALLACE, FAHY, DICKENS,
          HUNTER, AUBRY, DAVILA, ROZIC, PAULIN,  GALEF,  BARNWELL,  SILLITTI  --
          Multi-Sponsored  by  -- M. of A. ENGLEBRIGHT -- read once and referred
          to the Committee  on  Transportation  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee -- reported and referred to the Committee on  Codes  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN  ACT  to  amend the vehicle and traffic law and the general municipal
          law, in relation to certain notices of liability;  to  repeal  certain
          provisions  of  the vehicle and traffic law relating thereto; to amend
          the vehicle and traffic law and the public officers law,  in  relation
          to  establishing  a demonstration program implementing speed violation
          monitoring systems in work  zones  by  means  of  photo  devices;  and
          providing for the repeal of such provisions upon expiration thereof
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 235 of the vehicle and traffic law is REPEALED  and
     2  a new section 235 is added to read as follows:
     3    §  235. Jurisdiction. 1. Notwithstanding any inconsistent provision of
     4  any general, special or local law or administrative code to the  contra-
     5  ry, in any city which heretofore or hereafter is authorized to establish
     6  an  administrative  tribunal:  (a)  to  hear and determine complaints of
     7  traffic  infractions  constituting   parking,   standing   or   stopping
     8  violations,  or (b) to adjudicate the liability of owners for violations
     9  of subdivision (d) of section eleven  hundred  eleven  of  this  chapter
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02181-07-1

        A. 485--B                           2
 
     1  imposed pursuant to a local law or ordinance imposing monetary liability
     2  on  the  owner of a vehicle for failure of an operator thereof to comply
     3  with traffic-control indications through the installation and  operation
     4  of traffic-control signal photo violation-monitoring systems, in accord-
     5  ance  with article twenty-four of this chapter, or (c) to adjudicate the
     6  liability of owners for violations of subdivision (b), (c), (d), (f)  or
     7  (g) of section eleven hundred eighty of this chapter imposed pursuant to
     8  a  demonstration  program  imposing monetary liability on the owner of a
     9  vehicle for failure of an operator thereof to comply  with  such  posted
    10  maximum  speed  limits  through  the installation and operation of photo
    11  speed violation monitoring systems, in accordance with article thirty of
    12  this  chapter,  or  (d)  to  adjudicate  the  liability  of  owners  for
    13  violations of bus lane restrictions as defined by article twenty-four of
    14  this  chapter  imposed  pursuant to a bus rapid transit program imposing
    15  monetary liability on the owner of a vehicle for failure of an  operator
    16  thereof  to comply with such bus lane restrictions through the installa-
    17  tion and operation of bus lane photo devices, in accordance with article
    18  twenty-four of this chapter, or  (e)  to  adjudicate  the  liability  of
    19  owners  for violations of toll collection regulations imposed by certain
    20  public authorities pursuant to the law authorizing such public  authori-
    21  ties  to impose monetary liability on the owner of a vehicle for failure
    22  of an operator thereof to comply with  toll  collection  regulations  of
    23  such  public  authorities  through  the  installation  and  operation of
    24  photo-monitoring systems, in accordance with the provisions  of  section
    25  two  thousand nine hundred eighty-five of the public authorities law and
    26  sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred
    27  seventy-four of the laws of nineteen hundred fifty, or (f) to adjudicate
    28  the  liability of owners for violations of section eleven hundred seven-
    29  ty-four of this chapter when meeting a school bus marked and equipped as
    30  provided in  subdivisions  twenty  and  twenty-one-c  of  section  three
    31  hundred  seventy-five of this chapter imposed pursuant to a local law or
    32  ordinance imposing monetary liability on the  owner  of  a  vehicle  for
    33  failure  of  an  operator  thereof  to comply with school bus red visual
    34  signals through the installation  and  operation  of  school  bus  photo
    35  violation  monitoring systems, in accordance with article twenty-nine of
    36  this  chapter,  or  (g)  to  adjudicate  the  liability  of  owners  for
    37  violations of subdivision (b), (d), (f) or (g) of section eleven hundred
    38  eighty  of  this  chapter  imposed  pursuant  to a demonstration program
    39  imposing monetary liability on the owner of a vehicle for failure of  an
    40  operator  thereof to comply with such posted maximum speed limits within
    41  a highway construction or maintenance work area through the installation
    42  and operation of photo speed violation monitoring systems, in accordance
    43  with article thirty of this chapter, such tribunal  and  the  rules  and
    44  regulations  pertaining  thereto  shall  be  constituted  in substantial
    45  conformance with the following sections.
    46    2. Notwithstanding any inconsistent provision of any general,  special
    47  or  local  law  or  administrative code to the contrary, any city with a
    48  population in excess of one hundred thousand persons  according  to  the
    49  nineteen  hundred eighty United States census hereinafter referred to as
    50  a city shall provide notice of parking violations and of the  imposition
    51  of additional penalties whenever the person who is liable therefor fails
    52  to respond to the parking ticket in the manner designated thereon.  Such
    53  notice   shall   be   in  substantial  conformance  with  the  following
    54  provisions:

        A. 485--B                           3
 
     1    a. Notice. (1) Whenever a city issues a  notice  of  violation  for  a
     2  parking violation, it shall be served in the manner prescribed by subdi-
     3  vision two of section two hundred thirty-eight of this article.
     4    (2)  Whenever  a  person  has  been issued a notice of violation for a
     5  parking violation and has not responded in the manner described  in  the
     6  notice,  a city shall give the owner a second notice of the violation by
     7  regular first class mail: (i) within forty days of issuance of the first
     8  notice of violation for a parking violation where the vehicle is a vehi-
     9  cle registered in this state; or (ii) within forty days of  the  receipt
    10  by  such  city of the name and address of the owner of the vehicle where
    11  the vehicle is a vehicle registered in any other  state.    Such  second
    12  notice shall include, but not be limited to, the following information:
    13    (A)  that  the  owner has a period of twenty days from issuance of the
    14  second notice in which to respond to the notice of violation for a park-
    15  ing violation;
    16    (B) that failure to respond to the notice of violation for  a  parking
    17  violation  may  result  in the suspension and non-renewal of the owner's
    18  registration;
    19    (C) that failure to respond to the notice of violation for  a  parking
    20  violation  may  subject the owner to additional penalties as provided in
    21  paragraph b of this subdivision;
    22    (D) that failure to respond to the notice of violation for  a  parking
    23  violation  shall  subject the owner to a default judgment as provided in
    24  paragraph c of this subdivision and  the  additional  penalties  imposed
    25  upon parking violations pursuant to paragraph b of this subdivision; and
    26    (E) that submission of a plea of guilty to the parking violation makes
    27  the owner liable for payment of the stated fine and additional penalties
    28  imposed  pursuant  to  paragraph b of this subdivision and the mandatory
    29  surcharge of fifteen dollars imposed upon parking violations pursuant to
    30  section eighteen hundred nine-a of this chapter.
    31    b. Additional penalties. (1) For the purposes of this paragraph,  each
    32  locality shall determine an initial response date of not less than eight
    33  days  nor  more  than  thirty  days,  after  which time a penalty may be
    34  imposed. The liability for such initial penalty shall  commence  on  the
    35  date following the initial response date.
    36    (2)  Failure  to  respond  to  a  notice  of  violation  for a parking
    37  violation by the initial response date may result in the liability for a
    38  penalty in an amount of the fine indicated on the  notice  of  violation
    39  for a parking violation; where a city has given a second notice pursuant
    40  to paragraph a of this subdivision, the following schedule of additional
    41  penalties may apply:
    42    (A)  failure  to  respond  to  a  notice  of  violation  for a parking
    43  violation by the initial response date may result in the  liability  for
    44  an additional penalty not to exceed ten dollars or, if the first penalty
    45  assessed by a city does not exceed five dollars, such city may assess an
    46  additional  penalty within thirty-one to seventy-five days not to exceed
    47  ten dollars; and
    48    (B) where a city has given a second notice pursuant to paragraph a  of
    49  this subdivision failure to respond to a notice of violation for a park-
    50  ing  violation  within  seventy-five  days  may result in the liability,
    51  commencing on the seventy-sixth day, for an additional  penalty  not  to
    52  exceed twenty dollars.
    53    (3)  Where  the  additional penalty schedule set forth in subparagraph
    54  two of this paragraph, as interpreted in 9 New York Code  of  Rules  and
    55  Regulations  Part 6180, has not been implemented by a city and is not in
    56  effect in such city on or before January first, nineteen  hundred  nine-

        A. 485--B                           4
 
     1  ty-three,  the  provisions  of  this  paragraph shall not apply. For the
     2  purposes of this subdivision, the provisions of this paragraph shall not
     3  be considered to have been implemented and in effect unless the  penalty
     4  schedule  contained herein shall have been applied to parking violations
     5  issued in such city on or before January first, nineteen  hundred  nine-
     6  ty-three.
     7    b-1.  Alternate  additional penalty schedule. In any city in which the
     8  schedule of penalties contained in subparagraph two of  paragraph  b  of
     9  this  subdivision,  as interpreted in 9 New York Code of Rules and Regu-
    10  lations Part 6180, has not been implemented and was not in effect on  or
    11  before  January  first, nineteen hundred ninety-three, the provisions of
    12  this paragraph shall only apply upon enactment of a local law containing
    13  the penalty schedule provided in this paragraph prior to March 28, 1993.
    14  Following the enactment of such a local law,  such  city  may  elect  to
    15  impose  the  additional penalties set forth in subparagraphs one and two
    16  of this paragraph for failure to respond to a notice of violation for  a
    17  parking  violation  in accordance with this paragraph. In the event that
    18  no such local law was enacted prior to March  28,  1993,  the  alternate
    19  additional  penalty schedule set forth in paragraph b-2 of this subdivi-
    20  sion shall apply.
    21    (1) Failure to  respond  to  a  notice  of  violation  for  a  parking
    22  violation  within  thirty  days shall result in liability, commencing on
    23  the thirty-first day, for an additional penalty  in  an  amount  not  to
    24  exceed  ten  dollars, indicated on the notice of violation for a parking
    25  violation; where a city has given a second notice pursuant to  paragraph
    26  a  of this subdivision failure to respond to a notice of violation for a
    27  parking violation  within  forty-five  days  may  result  in  liability,
    28  commencing  on the forty-sixth day, for the penalty prescribed above for
    29  failure to respond within thirty days and an additional penalty  not  to
    30  exceed twenty dollars; and where a city has given a second notice pursu-
    31  ant to paragraph a of this subdivision failure to respond to a notice of
    32  violation for a parking violation within seventy-five days may result in
    33  liability,  commencing  on  the  seventy-sixth  day,  for  the penalties
    34  prescribed above for failure to respond within thirty days and for fail-
    35  ure to respond within forty-five days and an additional penalty  not  to
    36  exceed thirty dollars.
    37    (2)  Notwithstanding  the foregoing schedule of alternative additional
    38  penalties, if an owner makes a plea or appears within twenty days  after
    39  issuance  of a second notice of violation in accordance with paragraph a
    40  of this subdivision, or prior to such mailing, such  additional  penalty
    41  shall not exceed ten dollars.
    42    b-2.  Alternate  additional penalty schedule. In any city in which the
    43  schedule of penalties contained in paragraph b of this  subdivision,  as
    44  interpreted  in  9 New York Code of Rules and Regulations Part 6180, has
    45  not been implemented and was not in effect on or before  January  first,
    46  nineteen  hundred  ninety-three  and  which  has not enacted a local law
    47  pursuant to paragraph b-1 of this subdivision prior to March  28,  1993,
    48  the following alternate additional penalty schedule shall apply:
    49    (1)  Failure  to  respond  to  a  notice  of  violation  for a parking
    50  violation within eight days may result in the liability,  commencing  on
    51  the ninth day, for an additional penalty in an amount not to exceed five
    52  dollars;
    53    (2)  Failure  to  respond  to  a  notice  of  violation  for a parking
    54  violation within thirty days may result in the liability, commencing  on
    55  the  thirty-first  day,  for the penalty prescribed above for failure to
    56  respond within eight days and an additional penalty not  to  exceed  ten

        A. 485--B                           5
 
     1  dollars  or,  if  the first penalty assessed by the city does not exceed
     2  five dollars, such city may assess an additional penalty within  thirty-
     3  one to seventy-five days not to exceed ten dollars;
     4    (3)  Where a city has given a second notice pursuant to paragraph a of
     5  this subdivision failure to respond to a notice of violation for a park-
     6  ing violation within seventy-five days  may  result  in  the  liability,
     7  commencing  on the seventy-sixth day, for the penalties prescribed above
     8  for failure to respond within eight days  and  for  failure  to  respond
     9  within  thirty  days  and  an  additional  penalty  not to exceed twenty
    10  dollars; and
    11    (4) Notwithstanding the foregoing schedule of alternate penalties,  if
    12  an  owner makes a plea or appears within twenty days after issuance of a
    13  second notice of violation in accordance with paragraph a of this subdi-
    14  vision, or prior to such mailing,  such  additional  penalty  shall  not
    15  exceed five dollars.
    16    c.  Default  judgment. Where a city has given notice pursuant to para-
    17  graph a of this subdivision, failure to respond to a notice of violation
    18  for a parking violation within ninety days shall be deemed an  admission
    19  of  liability  and  shall  subject the owner to a default judgment being
    20  entered thereon in an amount not greater than the amount of the original
    21  fine and accrued penalties plus any applicable surcharges.  Such default
    22  shall be reported to the  department  which  department  shall  cause  a
    23  suspension  and  non-renewal of the owner's registration pursuant to the
    24  provisions of subdivision four-c of section five  hundred  ten  of  this
    25  chapter.
    26    3.  Nothing  set forth in this article shall be construed to authorize
    27  the imposition of monetary liability on the owner of a vehicle for fail-
    28  ure of an operator thereof to comply with any provision of law, rule  or
    29  regulation through the installation and operation of a photo enforcement
    30  device  or  system, except as otherwise explicitly authorized by article
    31  twenty-four, twenty-nine or thirty of this chapter, by section two thou-
    32  sand nine hundred eighty-five of  the  public  authorities  law,  or  by
    33  sections  sixteen-a,  sixteen-b  and  sixteen-c of chapter seven hundred
    34  seventy-four of the laws of nineteen hundred fifty, nor be construed  to
    35  grant  any  municipality  the authority to establish by local law, ordi-
    36  nance, order, rule, regulation, resolution or any other means, an admin-
    37  istrative tribunal to hear and determine complaints of  traffic  infrac-
    38  tions   or  jurisdiction  to  adjudicate  any  liability  set  forth  in
    39  subdivision one of this section.
    40    § 2. Subdivision 1 of section 236 of the vehicle and  traffic  law  is
    41  REPEALED and a new subdivision 1 is added to read as follows:
    42    1.  Creation. In any city as hereinbefore or hereafter authorized such
    43  tribunal when created shall be known as the  parking  violations  bureau
    44  and  shall  have  jurisdiction of traffic infractions which constitute a
    45  parking violation and, where authorized: (a) to adjudicate the liability
    46  of owners for violations of subdivision (d) of  section  eleven  hundred
    47  eleven  of  this  chapter  imposed  pursuant to a local law or ordinance
    48  imposing monetary liability on the owner of a vehicle for failure of  an
    49  operator  thereof to comply with traffic-control indications through the
    50  installation and operation of traffic-control  signal  photo  violation-
    51  monitoring systems, in accordance with article twenty-four of this chap-
    52  ter,  or  (b)  to  adjudicate  the liability of owners for violations of
    53  subdivision (b), (c), (d), (f) or (g) of section eleven  hundred  eighty
    54  of  this  chapter  imposed  pursuant to a demonstration program imposing
    55  monetary liability on the owner of a vehicle for failure of an  operator
    56  thereof  to  comply  with  such  posted maximum speed limits through the

        A. 485--B                           6
 
     1  installation and operation of photo speed violation monitoring  systems,
     2  in  accordance with article thirty of this chapter, or (c) to adjudicate
     3  the liability of owners for  violations  of  bus  lane  restrictions  as
     4  defined by article twenty-four of this chapter imposed pursuant to a bus
     5  rapid  transit  program  imposing  monetary  liability on the owner of a
     6  vehicle for failure of an operator thereof to comply with such bus  lane
     7  restrictions  through  the  installation and operation of bus lane photo
     8  devices, in accordance with article twenty-four of this chapter, or  (d)
     9  to  adjudicate the liability of owners for violations of toll collection
    10  regulations imposed by certain public authorities pursuant  to  the  law
    11  authorizing  such public authorities to impose monetary liability on the
    12  owner of a vehicle for failure of an operator  thereof  to  comply  with
    13  toll  collection  regulations  of  such  public  authorities through the
    14  installation and operation of photo-monitoring  systems,  in  accordance
    15  with  the provisions of section two thousand nine hundred eighty-five of
    16  the  public  authorities  law  and  sections  sixteen-a,  sixteen-b  and
    17  sixteen-c  of chapter seven hundred seventy-four of the laws of nineteen
    18  hundred fifty,  or  (e)  to  adjudicate  the  liability  of  owners  for
    19  violations  of  section eleven hundred seventy-four of this chapter when
    20  meeting a school bus marked and equipped  as  provided  in  subdivisions
    21  twenty  and  twenty-one-c  of section three hundred seventy-five of this
    22  chapter imposed pursuant to a local law or ordinance  imposing  monetary
    23  liability  on  the owner of a vehicle for failure of an operator thereof
    24  to comply with school bus red visual signals  through  the  installation
    25  and  operation  of  school  bus  photo  violation monitoring systems, in
    26  accordance with article twenty-nine of this chapter, or (f)  to  adjudi-
    27  cate the liability of owners for violations of subdivision (b), (d), (f)
    28  or (g) of section eleven hundred eighty of this chapter imposed pursuant
    29  to a demonstration program imposing monetary liability on the owner of a
    30  vehicle  for  failure  of an operator thereof to comply with such posted
    31  maximum speed limits within a highway construction or  maintenance  work
    32  area  through  the  installation  and operation of photo speed violation
    33  monitoring systems, in accordance with article thirty of  this  chapter.
    34  Such  tribunal,  except  in  a  city with a population of one million or
    35  more, shall also have jurisdiction of abandoned vehicle violations.  For
    36  the  purposes  of  this article, a parking violation is the violation of
    37  any law, rule or regulation providing for  or  regulating  the  parking,
    38  stopping  or  standing  of  a  vehicle. In addition for purposes of this
    39  article, "commissioner" shall mean and include the commissioner of traf-
    40  fic of the city or an official possessing authority as  such  a  commis-
    41  sioner.
    42    §  3.  Paragraph  f of subdivision 1 of section 239 of the vehicle and
    43  traffic law is REPEALED and a new  paragraph  f  is  added  to  read  as
    44  follows:
    45    f.  "Notice  of  violation"  means a notice of violation as defined in
    46  subdivision nine of section two hundred thirty-seven  of  this  article,
    47  but shall not be deemed to include a notice of liability issued pursuant
    48  to  authorization  set  forth  in  articles twenty-four, twenty-nine and
    49  thirty of this chapter, section two thousand nine hundred eighty-five of
    50  the  public  authorities  law  and  sections  sixteen-a,  sixteen-b  and
    51  sixteen-c  of chapter seven hundred seventy-four of the laws of nineteen
    52  hundred fifty to impose monetary liability on the owner of a vehicle for
    53  failure of an operator thereof: to  comply  with  traffic-control  indi-
    54  cations in violation of subdivision (d) of section eleven hundred eleven
    55  of  this  chapter through the installation and operation of traffic-con-
    56  trol signal photo violation-monitoring systems, in accordance with arti-

        A. 485--B                           7
 
     1  cle twenty-four of this chapter; or to comply with certain posted  maxi-
     2  mum  speed  limits in violation of subdivision (b), (c), (d), (f) or (g)
     3  of section eleven hundred eighty of this chapter through  the  installa-
     4  tion  and  operation  of  photo  speed  violation monitoring systems, in
     5  accordance with article thirty of this chapter; or to  comply  with  bus
     6  lane  restrictions  as  defined  by  article twenty-four of this chapter
     7  through the installation and operation of bus  lane  photo  devices,  in
     8  accordance  with  article twenty-four of this chapter; or to comply with
     9  toll collection regulations of certain public  authorities  through  the
    10  installation  and  operation  of photo-monitoring systems, in accordance
    11  with the provisions of section two thousand nine hundred eighty-five  of
    12  the  public  authorities  law  and  sections  sixteen-a,  sixteen-b  and
    13  sixteen-c of chapter seven hundred seventy-four of the laws of  nineteen
    14  hundred  fifty;  or  to  stop  for  a school bus displaying a red visual
    15  signal in violation of section eleven hundred seventy-four of this chap-
    16  ter through the installation and operation of school bus photo violation
    17  monitoring systems, in accordance with article twenty-nine of this chap-
    18  ter, or to comply with certain posted maximum speed limits in  violation
    19  of  subdivision (b), (d), (f) or (g) of section eleven hundred eighty of
    20  this chapter within a highway  construction  or  maintenance  work  area
    21  through the installation and operation of photo speed violation monitor-
    22  ing systems, in accordance with article thirty of this chapter.
    23    §  4. Subdivisions 1 and 1-a of section 240 of the vehicle and traffic
    24  law are REPEALED and two new subdivisions 1 and 1-a are added to read as
    25  follows:
    26    1. Notice of  hearing.  Whenever  a  person  charged  with  a  parking
    27  violation  enters a plea of not guilty; or a person alleged to be liable
    28  in accordance with any provisions of law  specifically  authorizing  the
    29  imposition  of  monetary liability on the owner of a vehicle for failure
    30  of an operator thereof: to comply with  traffic-control  indications  in
    31  violation  of  subdivision  (d) of section eleven hundred eleven of this
    32  chapter through the installation and operation of traffic-control signal
    33  photo violation-monitoring systems, in accordance with  article  twenty-
    34  four  of  this  chapter;  or to comply with certain posted maximum speed
    35  limits in violation of subdivision (b), (c), (d), (f) or (g) of  section
    36  eleven hundred eighty of this chapter through the installation and oper-
    37  ation  of  photo  speed violation monitoring systems, in accordance with
    38  article thirty of this chapter; or to comply with bus lane  restrictions
    39  as  defined by article twenty-four of this chapter through the installa-
    40  tion and operation of bus lane photo devices, in accordance with article
    41  twenty-four of this chapter; or to comply  with  toll  collection  regu-
    42  lations of certain public authorities through the installation and oper-
    43  ation  of photo-monitoring systems, in accordance with the provisions of
    44  section two thousand nine hundred eighty-five of the public  authorities
    45  law  and  sections  sixteen-a,  sixteen-b and sixteen-c of chapter seven
    46  hundred seventy-four of the laws of nineteen hundred fifty; or  to  stop
    47  for  a school bus displaying a red visual signal in violation of section
    48  eleven hundred seventy-four of this chapter through the installation and
    49  operation of school bus photo violation monitoring systems,  in  accord-
    50  ance with article twenty-nine of this chapter, or to comply with certain
    51  posted maximum speed limits in violation of subdivision (b), (d), (f) or
    52  (g)  of  section  eleven hundred eighty of this chapter within a highway
    53  construction or maintenance work area through the installation and oper-
    54  ation of photo speed violation monitoring systems,  in  accordance  with
    55  article  thirty  of  this  chapter, contests such allegation, the bureau
    56  shall advise such person personally by such form of first class mail  as

        A. 485--B                           8

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

        A. 485--B                           9
 
     1  speed violation monitoring systems, in accordance with article thirty of
     2  this  chapter, or an allegation of liability of an owner for a violation
     3  of bus lane restrictions as defined by article twenty-four of this chap-
     4  ter  imposed  pursuant  to a bus rapid transit program imposing monetary
     5  liability on the owner of a vehicle for failure of an  operator  thereof
     6  to  comply  with such bus lane restrictions through the installation and
     7  operation of bus lane photo devices, in accordance with article  twenty-
     8  four  of  this  chapter, or an allegation of liability of an owner for a
     9  violation of toll  collection  regulations  imposed  by  certain  public
    10  authorities  pursuant  to the law authorizing such public authorities to
    11  impose monetary liability on the owner of a vehicle for  failure  of  an
    12  operator  thereof  to  comply  with  toll collection regulations of such
    13  public authorities through the installation and operation of photo-moni-
    14  toring systems, in accordance with the provisions of section  two  thou-
    15  sand nine hundred eighty-five of the public authorities law and sections
    16  sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
    17  of  the laws of nineteen hundred fifty, or an allegation of liability of
    18  an owner for a violation of section eleven hundred seventy-four of  this
    19  chapter  when  meeting  a  school bus marked and equipped as provided in
    20  subdivisions twenty and twenty-one-c of section three  hundred  seventy-
    21  five of this chapter imposed pursuant to a local law or ordinance impos-
    22  ing monetary liability on the owner of a vehicle for failure of an oper-
    23  ator  thereof  to  comply with school bus red visual signals through the
    24  installation and operation of  school  bus  photo  violation  monitoring
    25  systems,  in  accordance with article twenty-nine of this chapter, or an
    26  allegation of liability of an owner for a violation of subdivision  (b),
    27  (d), (f) or (g) of section eleven hundred eighty of this chapter imposed
    28  pursuant  to  a demonstration program imposing monetary liability on the
    29  owner of a vehicle for failure of an operator  thereof  to  comply  with
    30  certain  posted  maximum  speed  limits within a highway construction or
    31  maintenance work area through the installation and  operation  of  photo
    32  speed violation monitoring systems, in accordance with article thirty of
    33  this chapter, shall be held before a hearing examiner in accordance with
    34  rules and regulations promulgated by the bureau.
    35    g. A record shall be made of a hearing on a plea of not guilty or of a
    36  hearing  at  which  liability  in  accordance with any provisions of law
    37  specifically authorizing the imposition of  monetary  liability  on  the
    38  owner  of  a  vehicle for failure of an operator thereof: to comply with
    39  traffic-control indications in violation of subdivision (d)  of  section
    40  eleven hundred eleven of this chapter through the installation and oper-
    41  ation  of  traffic-control signal photo violation-monitoring systems, in
    42  accordance with article twenty-four of  this  chapter;  to  comply  with
    43  certain  posted  maximum  speed  limits in violation of subdivision (b),
    44  (c), (d), (f) or (g) of section eleven hundred eighty  of  this  chapter
    45  through the installation and operation of photo speed violation monitor-
    46  ing  systems,  in  accordance  with  article  thirty of this chapter; to
    47  comply with bus lane restrictions as defined by article  twenty-four  of
    48  this  chapter  through  the installation and operation of bus lane photo
    49  devices, in accordance with article  twenty-four  of  this  chapter;  to
    50  comply  with  toll  collection regulations of certain public authorities
    51  through the installation and operation of photo-monitoring  systems,  in
    52  accordance  with  the  provisions  of  section two thousand nine hundred
    53  eighty-five of  the  public  authorities  law  and  sections  sixteen-a,
    54  sixteen-b  and  sixteen-c  of  chapter seven hundred seventy-four of the
    55  laws of nineteen hundred fifty; or to stop for a school bus displaying a
    56  red visual signal in violation of section eleven hundred seventy-four of

        A. 485--B                          10
 
     1  this chapter through the installation and operation of school bus  photo
     2  violation  monitoring systems, in accordance with article twenty-nine of
     3  this chapter, or to comply with certain posted maximum speed  limits  in
     4  violation  of subdivision (b), (d), (f) or (g) of section eleven hundred
     5  eighty of this chapter within a highway construction or maintenance work
     6  area through the installation and operation  of  photo  speed  violation
     7  monitoring  systems,  in accordance with article thirty of this chapter,
     8  is contested. Recording devices may  be  used  for  the  making  of  the
     9  record.
    10    §  6.  Subdivisions  1 and 2 of section 241 of the vehicle and traffic
    11  law are REPEALED and two new subdivisions 1 and 2 are added to  read  as
    12  follows:
    13    1.  The  hearing  examiner  shall make a determination on the charges,
    14  either sustaining or dismissing them. Where the hearing examiner  deter-
    15  mines  that the charges have been sustained he or she may examine either
    16  the  prior  parking  violations  record  or  the  record  of liabilities
    17  incurred in accordance with any provisions of law specifically authoriz-
    18  ing the imposition of monetary liability on the owner of a  vehicle  for
    19  failure  of  an  operator  thereof: to comply with traffic-control indi-
    20  cations in violation of subdivision (d) of section eleven hundred eleven
    21  of this chapter through the installation and operation  of  traffic-con-
    22  trol  signal  photo  violation-monitoring  systems,  in  accordance with
    23  article twenty-four of this chapter; to comply with certain posted maxi-
    24  mum speed limits in violation of subdivision (b), (c), (d), (f)  or  (g)
    25  of section eleven  hundred  eighty  of  this chapter through the instal-
    26  lation  and  operation  of  photo speed violation monitoring systems, in
    27  accordance with article thirty of this chapter; to comply with bus  lane
    28  restrictions  as  defined by article twenty-four of this chapter through
    29  the installation and operation of bus lane photo devices, in  accordance
    30  with  article  twenty-four  of  this  chapter;  to  comply  with    toll
    31  collection regulations of certain public authorities through the instal-
    32  lation and operation of photo-monitoring systems, in accordance with the
    33  provisions of section two  thousand  nine  hundred  eighty-five  of  the
    34  public  authorities  law and sections sixteen-a, sixteen-b and sixteen-c
    35  of chapter seven hundred seventy-four of the laws  of  nineteen  hundred
    36  fifty;  or  to  stop  for a school bus displaying a red visual signal in
    37  violation of section eleven hundred seventy-four of this chapter through
    38  the installation and operation of school bus photo violation  monitoring
    39  systems,  in  accordance with article twenty-nine of this chapter, or to
    40  comply with certain posted maximum speed limits in violation of subdivi-
    41  sion (b), (d), (f) or (g) of section eleven hundred eighty of this chap-
    42  ter within a highway construction or maintenance work area  through  the
    43  installation  and operation of photo speed violation monitoring systems,
    44  in accordance with  article  thirty  of  this  chapter,  of  the  person
    45  charged,  as  applicable prior to rendering a final determination. Final
    46  determinations  sustaining or dismissing charges shall be entered  on  a
    47  final  determination  roll  maintained by   the   bureau   together with
    48  records showing 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  any  provisions  of law specifically authorizing the imposition of
    52  monetary liability on the owner of a vehicle for failure of an  operator
    53  thereof:  to  comply  with  traffic-control  indications in violation of
    54  subdivision (d) of section eleven hundred eleven of this chapter through
    55  the installation and operation of traffic-control  signal  photo  viola-
    56  tion-monitoring  systems, in accordance with article twenty-four of this

        A. 485--B                          11
 
     1  chapter; to comply with  certain  posted  maximum    speed    limits  in
     2  violation  of  subdivision  (b),  (c), (d), (f) or (g) of section eleven
     3  hundred eighty of this chapter through the installation and operation of
     4  photo    speed  violation monitoring systems, in accordance with article
     5  thirty of this chapter; to comply with bus lane restrictions as  defined
     6  by  article  twenty-four  of  this  chapter through the installation and
     7  operation of bus lane photo devices, in accordance with article  twenty-
     8  four  of  this  chapter;  to  comply with toll collection regulations of
     9  certain public authorities through the  installation  and  operation  of
    10  photo-monitoring  systems,  in accordance with the provisions of section
    11  two thousand nine hundred eighty-five of the public authorities law  and
    12  sections  sixteen-a,  sixteen-b  and  sixteen-c of chapter seven hundred
    13  seventy-four of the laws of nineteen hundred fifty; to stop for a school
    14  bus displaying a red  visual  signal  in  violation  of  section  eleven
    15  hundred seventy-four of this chapter through the installation and opera-
    16  tion  of  school  bus  photo violation monitoring systems, in accordance
    17  with article twenty-nine of this chapter,  or  to  comply  with  certain
    18  posted maximum speed limits in violation of subdivision (b), (d), (f) or
    19  (g)  of  section  eleven hundred eighty of this chapter within a highway
    20  construction or maintenance work area through the installation and oper-
    21  ation of photo speed violation monitoring systems,  in  accordance  with
    22  article thirty of this chapter, or fails to appear on a designated hear-
    23  ing  date   or   subsequent  adjourned  date or fails after a hearing to
    24  comply with the determination of a hearing   examiner,   as   prescribed
    25  by  this article or by rule or regulation of the bureau, such failure to
    26  plead or contest,  appear  or comply shall be deemed, for all  purposes,
    27  an  admission  of  liability  and shall be grounds   for  rendering  and
    28  entering a default  judgment  in an amount provided  by  the  rules  and
    29  regulations  of the   bureau.  However,  after  the  expiration  of  the
    30  original date prescribed  for  entering  a  plea  and before  a  default
    31  judgment  may be rendered, in such case the  bureau  shall  pursuant  to
    32  the applicable provisions  of   law notify such operator  or  owner,  by
    33  such  form  of first class mail as the commission may direct; (1) of the
    34  violation charged, or liability   alleged in   accordance    with    any
    35  provisions  of  law  specifically authorizing the imposition of monetary
    36  liability on the owner of a vehicle for failure of an operator  thereof:
    37  to  comply  with traffic-control indications in violation of subdivision
    38  (d) of section eleven hundred  eleven  of  this  chapter  through    the
    39  installation  and  operation  of traffic-control signal photo violation-
    40  monitoring systems, in  accordance  with  article  twenty-four  of  this
    41  chapter;    to  comply  with  certain  posted  maximum  speed  limits in
    42  violation of subdivision (b), (c), (d), (f) or  (g)  of  section  eleven
    43  hundred eighty of this chapter through the installation and operation of
    44  photo  speed  violation  monitoring  systems, in accordance with article
    45  thirty of this chapter; to comply with bus lane restrictions as  defined
    46  by  article  twenty-four  of  this  chapter through the installation and
    47  operation of bus lane photo devices, in accordance with article  twenty-
    48  four  of  this  chapter; to comply with toll collection  regulations  of
    49  certain public authorities through the  installation  and  operation  of
    50  photo-monitoring  systems,  in accordance with the provisions of section
    51  two thousand nine hundred eighty-five of the public authorities law  and
    52  sections  sixteen-a,  sixteen-b   and sixteen-c of chapter seven hundred
    53  seventy-four of the laws of nineteen hundred fifty; to stop for a school
    54  bus displaying a red  visual  signal  in  violation  of  section  eleven
    55  hundred seventy-four of this chapter through the installation and opera-
    56  tion  of  school  bus  photo violation monitoring systems, in accordance

        A. 485--B                          12
 
     1  with article twenty-nine of this chapter,  or  to  comply  with  certain
     2  posted maximum speed limits in violation of subdivision (b), (d), (f) or
     3  (g)  of  section  eleven hundred eighty of this chapter within a highway
     4  construction or maintenance work area through the installation and oper-
     5  ation  of  photo  speed violation monitoring systems, in accordance with
     6  article thirty of this chapter, (2) of the impending  default  judgment,
     7  (3) that such judgment will be entered in the Civil Court of the city in
     8  which the bureau has been established, or other court of civil jurisdic-
     9  tion or any other place provided for the entry of civil judgments within
    10  the state of New York, and (4) that a default may be avoided by entering
    11  a  plea or contesting an allegation of liability  in accordance with any
    12  provisions of law specifically authorizing the  imposition  of  monetary
    13  liability  on the owner of a vehicle for failure of an operator thereof:
    14  to  comply  with  traffic-control indications  in violation of  subdivi-
    15  sion  (d)  of  section eleven hundred eleven of this chapter through the
    16  installation and operation of traffic-control  signal  photo  violation-
    17  monitoring  systems,  in  accordance with   article twenty-four of  this
    18  chapter;   to comply   with  certain  posted  maximum  speed  limits  in
    19  violation  of  subdivision  (b),  (c), (d), (f) or (g) of section eleven
    20  hundred eighty of this chapter through the   installation and  operation
    21  of   photo  speed violation monitoring systems, in accordance with arti-
    22  cle thirty of this chapter; to comply  with  bus  lane  restrictions  as
    23  defined  by article twenty-four of this chapter through the installation
    24  and operation of bus lane photo  devices,  in  accordance  with  article
    25  twenty-four  of this chapter; to comply with toll collection regulations
    26  of certain public authorities through the installation and operation  of
    27  photo-monitoring  systems,  in accordance with the provisions of section
    28  two thousand nine hundred eighty-five of the public authorities law  and
    29  sections  sixteen-a,  sixteen-b   and sixteen-c of chapter seven hundred
    30  seventy-four of the laws of nineteen hundred fifty; to stop for a school
    31  bus displaying a red  visual  signal  in  violation  of  section  eleven
    32  hundred seventy-four of this chapter through the installation and opera-
    33  tion  of  school  bus  photo violation monitoring systems, in accordance
    34  with article twenty-nine of this chapter,  or  to  comply  with  certain
    35  posted maximum speed limits in violation of subdivision (b), (d), (f) or
    36  (g)  of  section  eleven hundred eighty of this chapter within a highway
    37  construction or maintenance work area through the installation and oper-
    38  ation of photo speed violation monitoring systems,  in  accordance  with
    39  article  thirty  of  this chapter, or making an appearance within thirty
    40  days of the sending  of  such  notice.  Pleas  entered  and  allegations
    41  contested  within  that  period shall be in the manner prescribed in the
    42  notice and not subject to additional penalty  or  fee.  Such  notice  of
    43  impending default  judgment shall not be required prior to the rendering
    44  and  entry  thereof in the case of operators or owners who are non-resi-
    45  dents of the state of New York. In no case shall a default  judgment  be
    46  rendered  or,  where required, a notice of impending default judgment be
    47  sent, more than two years after the expiration of  the  time  prescribed
    48  for  entering  a  plea  or  contesting  an allegation. When a person has
    49  demanded a hearing, no fine or penalty shall be imposed for any  reason,
    50  prior  to the holding of the hearing. If the hearing examiner shall make
    51  a determination on the charges, sustaining   them,    he  or  she  shall
    52  impose  no  greater penalty or fine than those upon which the person was
    53  originally charged.
    54    § 7. Paragraph a of subdivision 5-a of section 401 of the vehicle  and
    55  traffic  law  is  REPEALED  and  a  new  paragraph a is added to read as
    56  follows:

        A. 485--B                          13
 
     1    a. (i) If at the time of application for  a  registration  or  renewal
     2  thereof  there  is  a  certification  from  a  court, parking violations
     3  bureau, traffic and parking violations agency or administrative tribunal
     4  of appropriate jurisdiction that the registrant or his or her  represen-
     5  tative  failed  to appear on the return date or any subsequent adjourned
     6  date or failed to comply with the rules and regulations of  an  adminis-
     7  trative  tribunal  following  entry of a final decision in response to a
     8  total of three or more summonses or  other  process  in  the  aggregate,
     9  issued  within  an eighteen month period, charging either that: (i) such
    10  motor vehicle was parked, stopped or standing, or that such motor  vehi-
    11  cle  was operated for hire by the registrant or his or her agent without
    12  being licensed as a motor vehicle for  hire  by  the  appropriate  local
    13  authority,  in  violation of any of the provisions of this chapter or of
    14  any law, ordinance, rule or regulation made by  a  local  authority;  or
    15  (ii)  the  registrant  was  liable for a violation of subdivision (d) of
    16  section eleven hundred eleven of this  chapter  imposed  pursuant  to  a
    17  local  law  or  ordinance  imposing monetary liability on the owner of a
    18  vehicle for failure of an operator thereof to comply  with  traffic-con-
    19  trol  indications through the installation and operation of traffic-con-
    20  trol signal photo violation-monitoring systems, in accordance with arti-
    21  cle twenty-four of this chapter; or (iii) the registrant was liable  for
    22  a  violation  of subdivision (b), (c), (d), (f) or (g) of section eleven
    23  hundred eighty of this  chapter  imposed  pursuant  to  a  demonstration
    24  program  imposing monetary liability on the owner of a vehicle for fail-
    25  ure of an operator thereof to comply  with  such  posted  maximum  speed
    26  limits  through  the installation and operation of photo speed violation
    27  monitoring systems, in accordance with article thirty of  this  chapter;
    28  or  (iv)  the  registrant  was  liable  for  a  violation  of  bus  lane
    29  restrictions as defined by article twenty-four of this  chapter  imposed
    30  pursuant  to  a bus rapid transit program imposing monetary liability on
    31  the owner of a vehicle for failure of an operator thereof to comply with
    32  such bus lane restrictions through the installation and operation of bus
    33  lane photo devices, in accordance with article twenty-four of this chap-
    34  ter; or (v) the registrant was liable for a violation of section  eleven
    35  hundred  seventy-four  of  this chapter when meeting a school bus marked
    36  and equipped as provided in  subdivisions  twenty  and  twenty-one-c  of
    37  section three hundred seventy-five of this chapter imposed pursuant to a
    38  local  law  or  ordinance  imposing monetary liability on the owner of a
    39  vehicle for failure of an operator thereof to comply with school bus red
    40  visual signals through the installation  and  operation  of  school  bus
    41  photo  violation  monitoring systems, in accordance with article twenty-
    42  nine of this chapter; or (vi) the registrant was liable for a  violation
    43  of  subdivision (b), (d), (f) or (g) of section eleven hundred eighty of
    44  this chapter imposed pursuant to a demonstration program imposing  mone-
    45  tary  liability  on  the  owner  of a vehicle for failure of an operator
    46  thereof to comply with such posted maximum speed limits within a highway
    47  construction or maintenance work area through the installation and oper-
    48  ation of photo speed violation monitoring systems,  in  accordance  with
    49  article  thirty  of  this  chapter, the commissioner or his or her agent
    50  shall deny the registration or renewal application until  the  applicant
    51  provides  proof from the court, traffic and parking violations agency or
    52  administrative tribunal wherein the charges are pending that an  appear-
    53  ance  or answer has been made or in the case of an administrative tribu-
    54  nal that he or she has complied with the rules and regulations  of  said
    55  tribunal  following  entry  of a final decision. Where an application is
    56  denied pursuant to this section, the commissioner may,  in  his  or  her

        A. 485--B                          14
 
     1  discretion,  deny  a  registration  or  renewal application to any other
     2  person for the same vehicle and  may  deny  a  registration  or  renewal
     3  application  for  any  other motor vehicle registered in the name of the
     4  applicant  where  the commissioner has determined that such registrant's
     5  intent has been to evade the purposes of this subdivision and where  the
     6  commissioner has reasonable grounds to believe that such registration or
     7  renewal  will have the effect of defeating the purposes of this subdivi-
     8  sion.  Such denial shall only remain in effect as long as the  summonses
     9  remain  unanswered,  or  in  the case of an administrative tribunal, the
    10  registrant fails to comply with  the  rules  and  regulations  following
    11  entry of a final decision.
    12    (ii)  For purposes of this paragraph, the term "motor vehicle operated
    13  for hire" shall mean and include a taxicab, livery, coach, limousine  or
    14  tow truck.
    15    §  8.  The  opening  paragraph  and  paragraph (c) of subdivision 1 of
    16  section 1809 of the vehicle and traffic law, as  separately  amended  by
    17  section  10  of  chapter 145 and section 9 of chapter 148 of the laws of
    18  2019, are amended to read as follows:
    19    Whenever proceedings in an administrative tribunal or a court of  this
    20  state  result  in  a  conviction  for an offense under this chapter or a
    21  traffic infraction under this chapter, or a local law,  ordinance,  rule
    22  or  regulation  adopted  pursuant  to this chapter, other than a traffic
    23  infraction involving standing, stopping, or  parking  or  violations  by
    24  pedestrians  or  bicyclists[, or other than an adjudication of liability
    25  of an owner for a violation of subdivision (d) of section eleven hundred
    26  eleven of  this  chapter  in  accordance  with  section  eleven  hundred
    27  eleven-a  of this chapter, or other than an adjudication of liability of
    28  an owner for a violation of subdivision (d) of  section  eleven  hundred
    29  eleven  of  this  chapter  in  accordance  with  section  eleven hundred
    30  eleven-b of this chapter, or other than an  adjudication  in  accordance
    31  with  section eleven hundred eleven-c of this chapter for a violation of
    32  a bus lane restriction as defined in such  section,  or  other  than  an
    33  adjudication of liability of an owner for a violation of subdivision (d)
    34  of  section  eleven  hundred  eleven  of this chapter in accordance with
    35  section eleven hundred eleven-d of this chapter, or other than an  adju-
    36  dication  of  liability  of an owner for a violation of subdivision (b),
    37  (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in
    38  accordance with section eleven hundred  eighty-b  of  this  chapter,  or
    39  other  than  an adjudication of liability of an owner for a violation of
    40  subdivision (d) of section eleven hundred  eleven  of  this  chapter  in
    41  accordance  with  section  eleven  hundred  eleven-e of this chapter, or
    42  other than an adjudication of liability of an owner for a  violation  of
    43  section  eleven  hundred seventy-four of this chapter in accordance with
    44  section eleven hundred seventy-four-a of this chapter, or other than  an
    45  adjudication  of  liability  of  an owner for a violation of subdivision
    46  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    47  ter in accordance with section eleven hundred eighty-d of this chapter,]
    48  and except as otherwise provided by subdivision one-a of  this  section,
    49  there  shall  be  levied  a  crime victim assistance fee and a mandatory
    50  surcharge, in addition to any sentence required or permitted by law,  in
    51  accordance with the following schedule:
    52    (c)  Whenever  proceedings in an administrative tribunal or a court of
    53  this state result in a conviction for  an  offense  under  this  chapter
    54  other than a crime pursuant to section eleven hundred ninety-two of this
    55  chapter,  or  a  traffic  infraction under this chapter, or a local law,
    56  ordinance, rule or regulation adopted pursuant to  this  chapter,  other

        A. 485--B                          15
 
     1  than  a  traffic  infraction involving standing, stopping, or parking or
     2  violations by pedestrians or bicyclists[, or other than an  adjudication
     3  of  liability  of an owner for a violation of subdivision (d) of section
     4  eleven  hundred eleven of this chapter in accordance with section eleven
     5  hundred eleven-a of this chapter,  or  other  than  an  adjudication  of
     6  liability  of  an  owner  for  a violation of subdivision (d) of section
     7  eleven hundred eleven of this chapter in accordance with section  eleven
     8  hundred  eleven-b  of  this  chapter,  or  other than an adjudication of
     9  liability of an owner for a violation  of  subdivision  (d)  of  section
    10  eleven  hundred eleven of this chapter in accordance with section eleven
    11  hundred eleven-d of this chapter, or other than an  infraction  pursuant
    12  to article nine of this chapter or other than an adjudication of liabil-
    13  ity  of an owner for a violation of toll collection regulations pursuant
    14  to section two thousand nine hundred eighty-five of the public  authori-
    15  ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
    16  hundred seventy-four of the laws of nineteen hundred fifty or other than
    17  an  adjudication  in  accordance with section eleven hundred eleven-c of
    18  this chapter for a violation of a bus lane  restriction  as  defined  in
    19  such section, or other than an adjudication of liability of an owner for
    20  a  violation  of subdivision (b), (c), (d), (f) or (g) of section eleven
    21  hundred eighty of this chapter in accordance with section eleven hundred
    22  eighty-b of this chapter, or other than an adjudication of liability  of
    23  an  owner  for  a violation of subdivision (d) of section eleven hundred
    24  eleven of  this  chapter  in  accordance  with  section  eleven  hundred
    25  eleven-e  of this chapter, or other than an adjudication of liability of
    26  an owner for a violation of section eleven hundred seventy-four of  this
    27  chapter in accordance with section eleven hundred seventy-four-a of this
    28  chapter,  or  other  than an adjudication of liability of an owner for a
    29  violation of subdivision (b), (c), (d), (f) or  (g)  of  section  eleven
    30  hundred eighty of this chapter in accordance with section eleven hundred
    31  eighty-d  of this chapter,] and except as otherwise provided by subdivi-
    32  sion one-a of this section, there shall be levied a crime victim assist-
    33  ance fee in the amount of five dollars and  a  mandatory  surcharge,  in
    34  addition  to any sentence required or permitted by law, in the amount of
    35  fifty-five dollars.
    36    § 8-a. The opening paragraph and paragraph (c)  of  subdivision  1  of
    37  section 1809 of the vehicle and traffic law, as amended by section 10 of
    38  chapter 145 of the laws of 2019, are amended to read as follows:
    39    Whenever  proceedings in an administrative tribunal or a court of this
    40  state result in a conviction for an offense  under  this  chapter  or  a
    41  traffic  infraction  under this chapter, or a local law, ordinance, rule
    42  or regulation adopted pursuant to this chapter,  other  than  a  traffic
    43  infraction  involving  standing,  stopping,  or parking or violations by
    44  pedestrians or bicyclists[, or other than an adjudication  of  liability
    45  of an owner for a violation of subdivision (d) of section eleven hundred
    46  eleven  of  this  chapter  in  accordance  with  section  eleven hundred
    47  eleven-a of this chapter, or other than an adjudication of liability  of
    48  an  owner  for  a violation of subdivision (d) of section eleven hundred
    49  eleven of  this  chapter  in  accordance  with  section  eleven  hundred
    50  eleven-b  of  this  chapter, or other than an adjudication in accordance
    51  with section eleven hundred eleven-c of this chapter for a violation  of
    52  a  bus  lane  restriction  as  defined in such section, or other than an
    53  adjudication of liability of an owner for a violation of subdivision (d)
    54  of section eleven hundred eleven of  this  chapter  in  accordance  with
    55  section  eleven hundred eleven-d of this chapter, or other than an adju-
    56  dication of liability of an owner for a violation  of  subdivision  (b),

        A. 485--B                          16

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

        A. 485--B                          17
 
     1  infraction involving standing, stopping, parking or motor vehicle equip-
     2  ment or violations by pedestrians or bicyclists[, or other than an adju-
     3  dication  of liability of an owner for a violation of subdivision (d) of
     4  section eleven hundred eleven of this chapter in accordance with section
     5  eleven  hundred  eleven-a of this chapter, or other than an adjudication
     6  of liability of an owner for a violation of subdivision (d)  of  section
     7  eleven  hundred eleven of this chapter in accordance with section eleven
     8  hundred eleven-b of this chapter,  or  other  than  an  adjudication  in
     9  accordance  with  section  eleven hundred eleven-c of this chapter for a
    10  violation of a bus lane restriction as defined in such section, or other
    11  than an adjudication of liability of an owner for a violation of  subdi-
    12  vision  (d)  of section eleven hundred eleven of this chapter in accord-
    13  ance with section eleven hundred eleven-d of this chapter, or other than
    14  an adjudication of liability of an owner for a violation of  subdivision
    15  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    16  ter  in accordance with section eleven hundred eighty-b of this chapter,
    17  or other than an adjudication of liability of an owner for  a  violation
    18  of  subdivision  (b),  (c),  (d),  (f)  or (g) of section eleven hundred
    19  eighty of this chapter in accordance with section eleven hundred  eight-
    20  y-d  of  this  chapter, or other than an adjudication of liability of an
    21  owner for a violation of subdivision (d) of section eleven hundred elev-
    22  en of this chapter in accordance with section eleven hundred eleven-e of
    23  this chapter, or other than an adjudication of liability of an owner for
    24  a violation of section eleven hundred seventy-four of  this  chapter  in
    25  accordance  with section eleven hundred seventy-four-a of this chapter,]
    26  and except as otherwise provided by subdivision one-a of  this  section,
    27  there shall be levied a mandatory surcharge, in addition to any sentence
    28  required or permitted by law, in the amount of twenty-five dollars.
    29    §  8-c.  Subdivision 1 of section 1809 of the vehicle and traffic law,
    30  as separately amended by section 10-b of chapter 145 and section 9-b  of
    31  chapter 148 of the laws of 2019, is amended to read as follows:
    32    1.  Whenever  proceedings  in an administrative tribunal or a court of
    33  this state result in a conviction for a crime under this  chapter  or  a
    34  traffic  infraction  under  this chapter other than a traffic infraction
    35  involving standing, stopping, parking  or  motor  vehicle  equipment  or
    36  violations  by pedestrians or bicyclists[, or other than an adjudication
    37  in accordance with section eleven hundred eleven-c of this chapter for a
    38  violation of a bus lane restriction as defined in such section, or other
    39  than an adjudication of liability of an owner for a violation of  subdi-
    40  vision  (d)  of section eleven hundred eleven of this chapter in accord-
    41  ance with section eleven hundred eleven-d of this chapter, or other than
    42  an adjudication of liability of an owner for a violation of  subdivision
    43  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    44  ter  in accordance with section eleven hundred eighty-d of this chapter,
    45  or other than an adjudication of liability of an owner for  a  violation
    46  of  subdivision  (d) of section eleven hundred eleven of this chapter in
    47  accordance with section eleven hundred  eleven-e  of  this  chapter,  or
    48  other  than  an adjudication of liability of an owner for a violation of
    49  section eleven hundred seventy-four of this chapter in  accordance  with
    50  section  eleven  hundred  seventy-four-a of this chapter,] and except as
    51  otherwise provided by subdivision one-a of this section, there shall  be
    52  levied  a  mandatory  surcharge, in addition to any sentence required or
    53  permitted by law, in the amount of seventeen dollars.
    54    § 8-d. Subdivision 1 of section 1809 of the vehicle and  traffic  law,
    55  as  separately amended by section 10-c of chapter 145 and section 9-c of
    56  chapter 148 of the laws of 2019, is amended to read as follows:

        A. 485--B                          18
 
     1    1. Whenever proceedings in an administrative tribunal or  a  court  of
     2  this  state  result  in a conviction for a crime under this chapter or a
     3  traffic infraction under this chapter other than  a  traffic  infraction
     4  involving  standing,  stopping,  parking  or  motor vehicle equipment or
     5  violations  by pedestrians or bicyclists[, or other than an adjudication
     6  of liability of an owner for a violation of subdivision (b),  (c),  (d),
     7  (f)  or  (g) of section eleven hundred eighty of this chapter in accord-
     8  ance with section eleven hundred eighty-b of this chapter, or other than
     9  an adjudication of liability of an owner for a violation of  subdivision
    10  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    11  ter  in accordance with section eleven hundred eighty-d of this chapter,
    12  or other than an adjudication of liability of an owner for  a  violation
    13  of  subdivision  (d) of section eleven hundred eleven of this chapter in
    14  accordance with section eleven hundred  eleven-d  of  this  chapter,  or
    15  other  than  an adjudication of liability of an owner for a violation of
    16  subdivision (d) of section eleven hundred  eleven  of  this  chapter  in
    17  accordance  with  section  eleven  hundred  eleven-e of this chapter, or
    18  other than an adjudication of liability of an owner for a  violation  of
    19  section  eleven  hundred seventy-four of this chapter in accordance with
    20  section eleven hundred seventy-four-a of this chapter,]  and  except  as
    21  otherwise  provided by subdivision one-a of this section, there shall be
    22  levied a mandatory surcharge, in addition to any  sentence  required  or
    23  permitted by law, in the amount of seventeen dollars.
    24    §  8-e.  Subdivision 1 of section 1809 of the vehicle and traffic law,
    25  as separately amended by section 10-d of chapter 145 and section 9-d  of
    26  chapter 148 of the laws of 2019, is amended to read as follows:
    27    1.  Whenever  proceedings  in an administrative tribunal or a court of
    28  this state result in a conviction for a crime under this  chapter  or  a
    29  traffic  infraction  under  this chapter other than a traffic infraction
    30  involving standing, stopping, parking  or  motor  vehicle  equipment  or
    31  violations  by pedestrians or bicyclists[, or other than an adjudication
    32  of liability of an owner for a violation of subdivision (b),  (c),  (d),
    33  (f)  or  (g) of section eleven hundred eighty of this chapter in accord-
    34  ance with section eleven hundred eighty-d of this chapter, or other than
    35  an adjudication of liability of an owner for a violation of  subdivision
    36  (d)  of section eleven hundred eleven of this chapter in accordance with
    37  section eleven hundred eleven-d of this chapter, or other than an  adju-
    38  dication  of liability of an owner for a violation of subdivision (d) of
    39  section eleven hundred eleven of this chapter in accordance with section
    40  eleven hundred eleven-e of this chapter, or other than  an  adjudication
    41  of  liability  of  an  owner  for  a violation of section eleven hundred
    42  seventy-four of this chapter in accordance with section  eleven  hundred
    43  seventy-four-a  of  this  chapter,]  and except as otherwise provided by
    44  subdivision one-a of this section, there shall  be  levied  a  mandatory
    45  surcharge,  in addition to any sentence required or permitted by law, in
    46  the amount of seventeen dollars.
    47    § 8-f. Subdivision 1 of section 1809 of the vehicle and  traffic  law,
    48  as  separately amended by section 10-f of chapter 145 and section 9-f of
    49  chapter 148 of the laws of 2019, is amended to read as follows:
    50    1. Whenever proceedings in an administrative tribunal or  a  court  of
    51  this  state  result  in a conviction for a crime under this chapter or a
    52  traffic infraction under this chapter other than  a  traffic  infraction
    53  involving  standing,  stopping,  parking  or  motor vehicle equipment or
    54  violations by pedestrians or bicyclists[, or other than an  adjudication
    55  of  liability  of an owner for a violation of subdivision (b), (c), (d),
    56  (f) or (g) of section eleven hundred eighty of this chapter  in  accord-

        A. 485--B                          19

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

        A. 485--B                          20
 
     1  ter imposed pursuant to a bus rapid transit  program  imposing  monetary
     2  liability  on  the owner of a vehicle for failure of an operator thereof
     3  to comply with such bus lane restrictions through the  installation  and
     4  operation  of bus lane photo devices, in accordance with article twenty-
     5  four of this chapter; or (d) for violations  of  toll  collection  regu-
     6  lations  imposed  by  certain  public  authorities  pursuant  to the law
     7  authorizing such public authorities to impose monetary liability on  the
     8  owner  of  a  vehicle  for failure of an operator thereof to comply with
     9  toll collection regulations  of  such  public  authorities  through  the
    10  installation  and  operation  of photo-monitoring systems, in accordance
    11  with the provisions of section two thousand nine hundred eighty-five  of
    12  the  public  authorities  law  and  sections  sixteen-a,  sixteen-b  and
    13  sixteen-c of chapter seven hundred seventy-four of the laws of  nineteen
    14  hundred  fifty; or (e) for violations of section eleven hundred seventy-
    15  four of this chapter when meeting a school bus marked  and  equipped  as
    16  provided  in  subdivisions  twenty  and  twenty-one-c  of  section three
    17  hundred seventy-five of this chapter imposed pursuant to a local law  or
    18  ordinance  imposing  monetary  liability  on  the owner of a vehicle for
    19  failure of an operator thereof to comply  with  school  bus  red  visual
    20  signals  through  the  installation  and  operation  of school bus photo
    21  violation monitoring systems, in accordance with article twenty-nine  of
    22  this  chapter; or (f) for violations of subdivision (b), (d), (f) or (g)
    23  of section eleven hundred eighty of this chapter imposed pursuant  to  a
    24  demonstration  program  imposing  monetary  liability  on the owner of a
    25  vehicle for failure of an operator thereof to comply  with  such  posted
    26  maximum  speed  limits within a highway construction or maintenance work
    27  area through the installation and operation  of  photo  speed  violation
    28  monitoring systems, in accordance with article thirty of this chapter.
    29    §  10.  Paragraph  a of subdivision 1 of section 1809-e of the vehicle
    30  and traffic law is REPEALED and a new paragraph a is added  to  read  as
    31  follows:
    32    a. Notwithstanding any other provision of law, whenever proceedings in
    33  a  court  or  an  administrative  tribunal  of  this  state  result in a
    34  conviction for an offense under this chapter, except a conviction pursu-
    35  ant to section eleven hundred ninety-two of this chapter, or for a traf-
    36  fic infraction under this chapter, or a local law,  ordinance,  rule  or
    37  regulation  adopted  pursuant  to  this  chapter,  except: (i) a traffic
    38  infraction involving standing, stopping, or  parking  or  violations  by
    39  pedestrians  or  bicyclists; and (ii) an adjudication of liability of an
    40  owner for a violation of subdivision (d) of section eleven hundred elev-
    41  en of this chapter imposed pursuant to a local law or ordinance imposing
    42  monetary liability on the owner of a vehicle for failure of an  operator
    43  thereof to comply with traffic-control indications through the installa-
    44  tion  and operation of traffic-control signal photo violation-monitoring
    45  systems, in accordance with article twenty-four  of  this  chapter;  and
    46  (iii) an adjudication of liability of an owner for a violation of subdi-
    47  vision  (b),  (c),  (d),  (f) or (g) of section eleven hundred eighty of
    48  this chapter imposed pursuant to a demonstration program imposing  mone-
    49  tary  liability  on  the  owner  of a vehicle for failure of an operator
    50  thereof to comply with such posted  maximum  speed  limits  through  the
    51  installation  and operation of photo speed violation monitoring systems,
    52  in accordance with article thirty of this chapter; and (iv)  an  adjudi-
    53  cation of liability of an owner for a violation of bus lane restrictions
    54  as  defined by article twenty-four of this chapter imposed pursuant to a
    55  bus rapid transit program imposing monetary liability on the owner of  a
    56  vehicle  for failure of an operator thereof to comply with such bus lane

        A. 485--B                          21
 
     1  restrictions through the installation and operation of  bus  lane  photo
     2  devices, in accordance with article twenty-four of this chapter; and (v)
     3  an  adjudication  of  liability  of  an  owner  for  a violation of toll
     4  collection regulations imposed by certain public authorities pursuant to
     5  the law authorizing such public authorities to impose monetary liability
     6  on  the  owner of a vehicle for failure of an operator thereof to comply
     7  with toll collection regulations of such public authorities through  the
     8  installation  and  operation  of photo-monitoring systems, in accordance
     9  with section two thousand nine hundred eighty-five of the public author-
    10  ities law or sections sixteen-a,  sixteen-b  and  sixteen-c  of  chapter
    11  seven  hundred  seventy-four  of the laws of nineteen hundred fifty; and
    12  (vi) an adjudication of liability of an owner for a violation of section
    13  eleven hundred seventy-four of this chapter when meeting  a  school  bus
    14  marked  and equipped as provided in subdivisions twenty and twenty-one-c
    15  of section three hundred seventy-five of this chapter  imposed  pursuant
    16  to  a local law or ordinance imposing monetary liability on the owner of
    17  a vehicle for failure of an operator thereof to comply with  school  bus
    18  red  visual signals through the installation and operation of school bus
    19  photo violation monitoring systems, in accordance with  article  twenty-
    20  nine of this chapter; and (vii) an adjudication of liability of an owner
    21  for  a  violation  of subdivision (b), (d), (f) or (g) of section eleven
    22  hundred eighty of this  chapter  imposed  pursuant  to  a  demonstration
    23  program  imposing monetary liability on the owner of a vehicle for fail-
    24  ure of an operator thereof to comply  with  such  posted  maximum  speed
    25  limits  within  a  highway construction or maintenance work area through
    26  the installation and  operation  of  photo  speed  violation  monitoring
    27  systems,  in accordance with article thirty of this chapter, there shall
    28  be levied in addition  to  any  sentence,  penalty  or  other  surcharge
    29  required  or  permitted  by law, an additional surcharge of twenty-eight
    30  dollars.
    31    § 11. The general municipal law is amended by  adding  a  new  section
    32  371-a to read as follows:
    33    §  371-a. Additional jurisdiction and procedure related to the adjudi-
    34  cation of certain notices of  liability.  A  traffic  violations  bureau
    35  established  pursuant  to  subdivision  one  and  a  traffic and parking
    36  violations agency established pursuant to  subdivision  two  of  section
    37  three  hundred  seventy-one of this article may be authorized to adjudi-
    38  cate, in accordance with the provisions of this article,  the  liability
    39  of  owners:  (a)  for  violations  of  subdivision (d) of section eleven
    40  hundred eleven of the vehicle and traffic  law  imposed  pursuant  to  a
    41  local  law  or  ordinance  imposing monetary liability on the owner of a
    42  vehicle for failure of an operator thereof to comply  with  traffic-con-
    43  trol  indications through the installation and operation of traffic-con-
    44  trol signal photo violation-monitoring systems, in accordance with arti-
    45  cle twenty-four of the vehicle and traffic law; or (b) for violations of
    46  section eleven hundred seventy-four of the vehicle and traffic law  when
    47  meeting  a  school  bus  marked and equipped as provided in subdivisions
    48  twenty and twenty-one-c of section three  hundred  seventy-five  of  the
    49  vehicle  and  traffic  law  imposed pursuant to a local law or ordinance
    50  imposing monetary liability on the owner of a vehicle for failure of  an
    51  operator  thereof  to  comply with school bus red visual signals through
    52  the installation and operation of school bus photo violation  monitoring
    53  systems, in accordance with article twenty-nine of the vehicle and traf-
    54  fic  law;  or  (c) for violations of subdivision (b), (d), (f) or (g) of
    55  section eleven hundred eighty of the vehicle  and  traffic  law  imposed
    56  pursuant  to  a demonstration program imposing monetary liability on the

        A. 485--B                          22
 
     1  owner of a vehicle for failure of an operator  thereof  to  comply  with
     2  such  posted maximum speed limits within a highway construction or main-
     3  tenance work area through the installation and operation of photo  speed
     4  violation  monitoring systems, in accordance with article thirty of this
     5  chapter.
     6    § 12. The vehicle and traffic law is amended by adding a  new  section
     7  1180-e to read as follows:
     8    §  1180-e.  Owner  liability  for  failure  of operator to comply with
     9  certain posted maximum speed limits. (a) 1.  Notwithstanding  any  other
    10  provision  of  law, the commissioner of transportation is hereby author-
    11  ized to establish a demonstration program imposing monetary liability on
    12  the owner of a vehicle for failure of an operator thereof to comply with
    13  posted maximum speed limits in a  highway  construction  or  maintenance
    14  work  area  located  on  a  controlled-access  highway  (i) when highway
    15  construction or maintenance work is occurring  and  a  work  area  speed
    16  limit  is  in  effect as provided in paragraph two of subdivision (d) or
    17  subdivision (f) of section eleven hundred eighty of this article or (ii)
    18  when highway construction or maintenance work  is  occurring  and  other
    19  speed  limits  are  in  effect  as provided in subdivision (b) or (g) or
    20  paragraph one of subdivision (d) of section  eleven  hundred  eighty  of
    21  this  article. Such demonstration program shall empower the commissioner
    22  to install photo speed violation monitoring systems within no more  than
    23  twenty  highway  construction or maintenance work areas located on cont-
    24  rolled-access highways and to operate  such  systems  within  such  work
    25  areas  (iii)  when highway construction or maintenance work is occurring
    26  and a work area speed limit is in effect as provided in paragraph two of
    27  subdivision (d) or subdivision (f) of section eleven hundred  eighty  of
    28  this  article  or  (iv) when highway construction or maintenance work is
    29  occurring and other speed limits are in effect as provided  in  subdivi-
    30  sion  (b)  or  (g) or paragraph one of subdivision (d) of section eleven
    31  hundred eighty of this article.  The commissioner, in consultation  with
    32  the  superintendent of the division of state police, shall determine the
    33  location of the highway construction or maintenance work  areas  located
    34  on  a  controlled-access  highway  in which to install and operate photo
    35  speed violation monitoring systems. In selecting a highway  construction
    36  or  maintenance  work area in which to install and operate a photo speed
    37  violation monitoring system, the commissioner  shall  consider  criteria
    38  including,  but not limited to, the speed data, crash history, and road-
    39  way geometry applicable to such highway construction or maintenance work
    40  area.  A photo speed violation monitoring system shall not be  installed
    41  or operated on a controlled-access highway exit ramp.
    42    2.  Notwithstanding any other provision of law, after holding a public
    43  hearing in accordance  with  the  public  officers  law  and  subsequent
    44  approval  of  the establishment of a demonstration program in accordance
    45  with this section by a majority of the members of the  entire  board  of
    46  the  thruway  authority,  the  chair  of the thruway authority is hereby
    47  authorized  to  establish  a  demonstration  program  imposing  monetary
    48  liability  on  the owner of a vehicle for failure of an operator thereof
    49  to comply with posted maximum speed limits in a highway construction  or
    50  maintenance   work   area  located  on  the  thruway  (i)  when  highway
    51  construction or maintenance work is occurring  and  a  work  area  speed
    52  limit  is  in  effect as provided in paragraph two of subdivision (d) or
    53  subdivision (f) of section eleven hundred eighty of this article or (ii)
    54  when highway construction or maintenance work  is  occurring  and  other
    55  speed  limits  are  in  effect  as provided in subdivision (b) or (g) or
    56  paragraph one of subdivision (d) of section  eleven  hundred  eighty  of

        A. 485--B                          23

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

        A. 485--B                          24
 
     1  or other recorded image allows for the identification of the driver, the
     2  passengers,  or  the  contents of vehicles where the commissioner or the
     3  chair, as applicable, shows that they made reasonable efforts to  comply
     4  with the provisions of this paragraph in such case.
     5    (ii)  Photographs,  microphotographs,  videotape or any other recorded
     6  image from a photo speed violation monitoring system shall  be  for  the
     7  exclusive  use  of the commissioner or the chair, as applicable, for the
     8  purpose of the  adjudication  of  liability  imposed  pursuant  to  this
     9  section  and  of  the  owner receiving a notice of liability pursuant to
    10  this section, and shall be destroyed by the commissioner  or  chair,  as
    11  applicable,  upon  the  final  resolution  of the notice of liability to
    12  which such photographs, microphotographs, videotape  or  other  recorded
    13  images relate, or one year following the date of issuance of such notice
    14  of  liability, whichever is later. Notwithstanding the provisions of any
    15  other law, rule or regulation to the contrary, photographs,  microphoto-
    16  graphs,  videotape  or  any  other  recorded  image  from  a photo speed
    17  violation monitoring system shall not be open to the public, nor subject
    18  to civil or criminal process or discovery, nor  used  by  any  court  or
    19  administrative  or adjudicatory body in any action or proceeding therein
    20  except that which is necessary for  the  adjudication  of  a  notice  of
    21  liability  issued  pursuant  to  this  section,  and no public entity or
    22  employee, officer or agent  thereof  shall  disclose  such  information,
    23  except  that  such photographs, microphotographs, videotape or any other
    24  recorded images from such systems:
    25    (A) shall be available for inspection and copying and use by the motor
    26  vehicle owner and operator for so long as such photographs,  microphoto-
    27  graphs, videotape or other recorded images are required to be maintained
    28  or are maintained by such public entity, employee, officer or agent; and
    29    (B)  (1)  shall be furnished when described in a search warrant issued
    30  by a court authorized to issue such a search warrant pursuant to article
    31  six hundred ninety of the criminal procedure  law  or  a  federal  court
    32  authorized  to issue such a search warrant under federal law, where such
    33  search warrant states that there is reasonable  cause  to  believe  such
    34  information  constitutes  evidence  of,  or tends to demonstrate that, a
    35  misdemeanor or felony offense was committed in  this  state  or  another
    36  state,  or  that a particular person participated in the commission of a
    37  misdemeanor or felony offense in this state or another state,  provided,
    38  however, that if such offense was against the laws of another state, the
    39  court  shall only issue a warrant if the conduct comprising such offense
    40  would, if occurring in this state, constitute a  misdemeanor  or  felony
    41  against the laws of this state; and
    42    (2) shall be furnished in response to a subpoena duces tecum signed by
    43  a  judge  of  competent  jurisdiction and issued pursuant to article six
    44  hundred ten of the criminal procedure law or a judge or magistrate of  a
    45  federal  court  authorized  to  issue  such a subpoena duces tecum under
    46  federal law, where the judge finds and the subpoena states that there is
    47  reasonable cause to believe such information is relevant and material to
    48  the prosecution, or the defense, or the investigation by  an  authorized
    49  law  enforcement official, of the alleged commission of a misdemeanor or
    50  felony in this state or another state, provided, however, that  if  such
    51  offense  was against the laws of another state, such judge or magistrate
    52  shall only issue such subpoena if the conduct  comprising  such  offense
    53  would, if occurring in this state, constitute a misdemeanor or felony in
    54  this state; and

        A. 485--B                          25

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

        A. 485--B                          26
 
     1    (d)  A  certificate,  sworn to or affirmed by a technician employed by
     2  the commissioner or chair as applicable, or a facsimile  thereof,  based
     3  upon  inspection  of  photographs,  microphotographs, videotape or other
     4  recorded images produced by a photo speed violation  monitoring  system,
     5  shall be prima facie evidence of the facts contained therein. Any photo-
     6  graphs,  microphotographs, videotape or other recorded images evidencing
     7  such a violation shall include at least two date and time stamped images
     8  of the rear of the motor vehicle that include the same stationary object
     9  near the motor vehicle and shall be available for inspection  reasonably
    10  in advance of and at any proceeding to adjudicate the liability for such
    11  violation pursuant to this section.
    12    (e)  An  owner  liable for a violation of subdivision (b), (d), (f) or
    13  (g) of section eleven hundred eighty  of  this  article  pursuant  to  a
    14  demonstration  program  established  pursuant  to  this section shall be
    15  liable for monetary penalties not to exceed fifty dollars  for  a  first
    16  violation,  seventy-five  dollars  for  a second violation both of which
    17  were committed within a period  of  eighteen  months,  and  one  hundred
    18  dollars  for a third or subsequent violation all of which were committed
    19  within a period of eighteen months; provided,  however,  that  an  addi-
    20  tional  penalty  not in excess of twenty-five dollars for each violation
    21  may be imposed for the failure to respond to a notice of liability with-
    22  in the prescribed time period.
    23    (f) An imposition of liability under the demonstration program  estab-
    24  lished  pursuant  to this section shall not be deemed a conviction as an
    25  operator and shall not be made part  of  the  operating  record  of  the
    26  person  upon  whom  such  liability  is imposed nor shall it be used for
    27  insurance purposes in the provision of motor vehicle insurance coverage.
    28    (g) 1. A notice of liability shall be sent by first class mail to each
    29  person alleged to be liable as an owner for a violation  of  subdivision
    30  (b),  (d),  (f)  or (g) of section eleven hundred eighty of this article
    31  pursuant to this section, within fourteen business days if such owner is
    32  a resident of this state and within forty-five  business  days  if  such
    33  owner  is  a  non-resident.  Personal delivery on the owner shall not be
    34  required. A manual or automatic record of mailing prepared in the  ordi-
    35  nary  course  of  business  shall  be  prima facie evidence of the facts
    36  contained therein.
    37    2. A notice of liability shall contain the name  and  address  of  the
    38  person  alleged  to be liable as an owner for a violation of subdivision
    39  (b), (d), (f) or (g) of section eleven hundred eighty  of  this  article
    40  pursuant  to  this  section,  the  registration  number  of  the vehicle
    41  involved in such violation,  the  location  where  such  violation  took
    42  place, the date and time of such violation, the identification number of
    43  the  camera  which  recorded  the  violation  or  other document locator
    44  number, at least two date and time stamped images of  the  rear  of  the
    45  motor  vehicle  that  include  the same stationary object near the motor
    46  vehicle, and the certificate charging the liability.
    47    3. The notice of liability  shall  contain  information  advising  the
    48  person charged of the manner and the time in which he or she may contest
    49  the liability alleged in the notice. Such notice of liability shall also
    50  contain a prominent warning to advise the person charged that failure to
    51  contest  in the manner and time provided shall be deemed an admission of
    52  liability and that a default judgment may be entered thereon.
    53    4. The notice of liability shall be prepared and mailed by the commis-
    54  sioner or chair as applicable, or by any other entity authorized by  the
    55  commissioner or chair to prepare and mail such notice of liability.

        A. 485--B                          27
 
     1    (h)  Adjudication of the liability imposed upon owners of this section
     2  shall be by a traffic violations bureau established pursuant to  section
     3  three  hundred  seventy of the general municipal law where the violation
     4  occurred or, if there be none, by the  court  having  jurisdiction  over
     5  traffic  infractions where the violation occurred, except that if a city
     6  has  established  an  administrative  tribunal  to  hear  and  determine
     7  complaints  of  traffic  infractions  constituting  parking, standing or
     8  stopping violations such city may, by local law, authorize such  adjudi-
     9  cation by such tribunal.
    10    (i)  If  an  owner  receives  a  notice  of liability pursuant to this
    11  section for any time period during which the vehicle or the number plate
    12  or plates of such vehicle was  reported  to  the  police  department  as
    13  having  been  stolen,  it  shall  be a valid defense to an allegation of
    14  liability for a violation of subdivision (b), (d), (f) or (g) of section
    15  eleven hundred eighty of this article pursuant to this section that  the
    16  vehicle  or the number plate or plates of such vehicle had been reported
    17  to the police as stolen prior to the time the violation occurred and had
    18  not been recovered by such time. For purposes of asserting  the  defense
    19  provided  by  this  subdivision, it shall be sufficient that a certified
    20  copy of the police report on the  stolen  vehicle  or  number  plate  or
    21  plates  of  such  vehicle  be  sent  by  first class mail to the traffic
    22  violations bureau,  court  having  jurisdiction  or  parking  violations
    23  bureau.
    24    (j)  1. Where the adjudication of liability imposed upon owners pursu-
    25  ant to this section is by a traffic violations bureau or a court  having
    26  jurisdiction, an owner who is a lessor of a vehicle to which a notice of
    27  liability  was  issued pursuant to subdivision (g) of this section shall
    28  not be liable for the violation of subdivision (b), (d), (f) or  (g)  of
    29  section  eleven hundred eighty of this article pursuant to this section,
    30  provided that he or she sends to the traffic violations bureau or  court
    31  having  jurisdiction  a copy of the rental, lease or other such contract
    32  document covering such vehicle on the date of the  violation,  with  the
    33  name and address of the lessee clearly legible, within thirty-seven days
    34  after  receiving notice from the bureau or court of the date and time of
    35  such violation, together with the other  information  contained  in  the
    36  original  notice  of  liability. Failure to send such information within
    37  such thirty-seven day time period shall render the owner liable for  the
    38  penalty  prescribed by this section.  Where the lessor complies with the
    39  provisions of this paragraph, the lessee of such vehicle on the date  of
    40  such  violation  shall  be  deemed  to  be the owner of such vehicle for
    41  purposes of  this  section,  shall  be  subject  to  liability  for  the
    42  violation  of subdivision (b), (d), (f) or (g) of section eleven hundred
    43  eighty of this article pursuant to this section  and  shall  be  sent  a
    44  notice of liability pursuant to subdivision (g) of this section.
    45    2.  (i) In a city which, by local law, has authorized the adjudication
    46  of liability imposed upon owners by this section by a parking violations
    47  bureau, an owner who is a lessor of a  vehicle  to  which  a  notice  of
    48  liability  was  issued pursuant to subdivision (g) of this section shall
    49  not be liable for the violation of subdivision (b), (d), (f) or  (g)  of
    50  section eleven hundred eighty of this article, provided that:
    51    (A)  prior  to  the violation, the lessor has filed with the bureau in
    52  accordance with the provisions of section  two  hundred  thirty-nine  of
    53  this chapter; and
    54    (B) within thirty-seven days after receiving notice from the bureau of
    55  the  date  and  time of a liability, together with the other information
    56  contained in the original notice of liability, the lessor submits to the

        A. 485--B                          28

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

        A. 485--B                          29
 
     1    4.  the  number of violations recorded within all highway construction
     2  or maintenance work areas on controlled-access highways or on the  thru-
     3  way, in the aggregate on a daily, weekly and monthly basis to the extent
     4  the  information is maintained by the commissioner, chair or the depart-
     5  ment of motor vehicles of this state;
     6    5.  the number of violations recorded within each highway construction
     7  or maintenance work area where a photo speed violation monitoring system
     8  is used, in the aggregate on a daily, weekly and monthly basis;
     9    6. to the extent the information is maintained  by  the  commissioner,
    10  chair  or  the department of motor vehicles of this state, the number of
    11  violations recorded within all highway construction or maintenance  work
    12  areas on controlled-access highways or on the thruway that were:
    13    (i)  more  than  ten  but not more than twenty miles per hour over the
    14  posted speed limit;
    15    (ii) more than twenty but not more than thirty miles per hour over the
    16  posted speed limit;
    17    (iii) more than thirty but not more than forty miles per hour over the
    18  posted speed limit; and
    19    (iv) more than forty miles per hour over the posted speed limit;
    20    7. the number of violations recorded within each highway  construction
    21  or maintenance work area where a photo speed violation monitoring system
    22  is used that were:
    23    (i)  more  than  ten  but not more than twenty miles per hour over the
    24  posted speed limit;
    25    (ii) more than twenty but not more than thirty miles per hour over the
    26  posted speed limit;
    27    (iii) more than thirty but not more than forty miles per hour over the
    28  posted speed limit; and
    29    (iv) more than forty miles per hour over the posted speed limit;
    30    8. the total number of notices  of  liability  issued  for  violations
    31  recorded by such systems;
    32    9.  the number of fines and total amount of fines paid after the first
    33  notice of liability issued for violations recorded by such  systems,  to
    34  the  extent  the information is maintained by the commissioner, chair or
    35  the department of motor vehicles of this state;
    36    10. the number of violations adjudicated and the results of such adju-
    37  dications including  breakdowns  of  dispositions  made  for  violations
    38  recorded by such systems, to the extent the information is maintained by
    39  the  commissioner,  chair  or  the  department of motor vehicles of this
    40  state;
    41    11. the total amount of revenue  realized  by  the  state  or  thruway
    42  authority in connection with the program;
    43    12.  the  expenses  incurred  by the state or the thruway authority in
    44  connection with the program;
    45    13. an itemized list of expenditures made by the state and the thruway
    46  authority on work zone safety projects  undertaken  in  accordance  with
    47  subdivisions eleven and twelve of section eighteen hundred three of this
    48  chapter; and
    49    14.  the  quality  of the adjudication process and its results, to the
    50  extent the information is maintained by the commissioner, chair  or  the
    51  department of motor vehicles of this state.
    52    (n) It shall be a defense to any prosecution for a violation of subdi-
    53  vision  (b),  (d),  (f)  or (g) of section eleven hundred eighty of this
    54  article pursuant to this section that such photo speed  violation  moni-
    55  toring system was malfunctioning at the time of the alleged violation.

        A. 485--B                          30

     1    § 13. Section 1803 of the vehicle and traffic law is amended by adding
     2  two new subdivisions 11 and 12 to read as follows:
     3    11.  Except as otherwise provided in paragraph e of subdivision one of
     4  this section, where the commissioner of transportation has established a
     5  demonstration program imposing monetary liability  on  the  owner  of  a
     6  vehicle  for  failure  of an operator thereof to comply with subdivision
     7  (b), (d), (f) or (g) of section eleven hundred eighty of this chapter in
     8  accordance with section eleven hundred eighty-e  of  this  chapter,  any
     9  fine or penalty collected by a court, judge, magistrate or other officer
    10  for  an  imposition  of  liability which occurs pursuant to such program
    11  shall be paid to the state comptroller within the first ten days of  the
    12  month following collection. Every such payment shall be accompanied by a
    13  statement  in such form and detail as the comptroller shall provide. The
    14  comptroller shall pay eighty percent of any such fine or penalty imposed
    15  for such liability to the general fund, and twenty percent of  any  such
    16  fine  or  penalty  to  the  city, town or village in which the violation
    17  giving rise to the liability occurred.  With respect to  the  percentage
    18  of  fines  or  penalties  paid  to  the general fund, no less than sixty
    19  percent shall be dedicated to department  of  transportation  work  zone
    20  safety  projects  after  deducting  the expenses necessary to administer
    21  such demonstration program, provided, however, that such funds  provided
    22  pursuant  to  this subdivision shall be payable on the audit and warrant
    23  of the comptroller and shall only be used to supplement and not supplant
    24  current expenditures of state funds on work zone  safety  projects.  For
    25  the  purposes  of  this  subdivision,  "work zone safety projects" shall
    26  apply to work zones under the jurisdiction of the department  of  trans-
    27  portation  and  shall  include,  but  not  be limited to, inspection and
    28  implementation of work zone design, maintenance, traffic plans and mark-
    29  ings, worker safety training, contractor outreach, enforcement  efforts,
    30  radar speed display signs at major active work zones and police presence
    31  at  major  active  work  zones, as provided in section twenty-two of the
    32  transportation law.   All fines, penalties and  forfeitures  paid  to  a
    33  city,  town  or  village  pursuant to the provisions of this subdivision
    34  shall be credited to the general fund of such  city,  town  or  village,
    35  unless  a  different  disposition is prescribed by charter, special law,
    36  local law or ordinance.
    37    12. Except as otherwise provided in paragraph e of subdivision one  of
    38  this  section,  where  the chair of the New York state thruway authority
    39  has established a demonstration program imposing monetary  liability  on
    40  the owner of a vehicle for failure of an operator thereof to comply with
    41  subdivision  (b),  (d),  (f)  or (g) of section eleven hundred eighty of
    42  this chapter in accordance with section eleven hundred eighty-e of  this
    43  chapter,  any fine or penalty collected by a court, judge, magistrate or
    44  other officer for an imposition of liability which  occurs  pursuant  to
    45  such program shall be paid to the state comptroller within the first ten
    46  days  of  the  month  following  collection. Every such payment shall be
    47  accompanied by a statement in such form and detail  as  the  comptroller
    48  shall provide. The comptroller shall pay eighty percent of any such fine
    49  or  penalty  imposed  for  such  liability to the thruway authority, and
    50  twenty percent of any such fine or penalty to the city, town or  village
    51  in  which  the  violation  giving  rise to the liability occurred.  With
    52  respect to the percentage of fines or  penalties  paid  to  the  thruway
    53  authority,  no  less  than  sixty  percent shall be dedicated to thruway
    54  authority work zone safety projects after deducting the expenses  neces-
    55  sary  to  administer such demonstration program, provided, however, that
    56  such funds provided pursuant to this subdivision shall be payable on the

        A. 485--B                          31
 
     1  audit and warrant of the comptroller and shall only be used  to  supple-
     2  ment  and  not supplant current expenditures of state funds on work zone
     3  safety projects. For the purposes of this subdivision, "work zone safety
     4  projects"  shall apply to work zones under the jurisdiction of the thru-
     5  way authority and shall include, but not be limited to,  inspection  and
     6  implementation of work zone design, maintenance, traffic plans and mark-
     7  ings,  worker safety training, contractor outreach, enforcement efforts,
     8  radar speed display signs at major active work zones and police presence
     9  at major active work zones, as provided in  section  twenty-two  of  the
    10  transportation  law.    For  the  purposes of this subdivision, the term
    11  "thruway authority" shall mean the New York state thruway  authority,  a
    12  body corporate and politic constituting a public corporation created and
    13  constituted pursuant to title nine of article two of the public authori-
    14  ties  law.  All fines, penalties and forfeitures paid to a city, town or
    15  village pursuant to the provisions of this subdivision shall be credited
    16  to the general fund of such city, town or village,  unless  a  different
    17  disposition  is  prescribed by  charter, special law, local law or ordi-
    18  nance.
    19    § 14. Subdivision 2 of section  87  of  the  public  officers  law  is
    20  amended by adding a new paragraph (r) to read as follows:
    21    (r)  are  photographs,  microphotographs,  videotape or other recorded
    22  images prepared under the authority of section eleven  hundred  eighty-e
    23  of the vehicle and traffic law.
    24    § 15. For the purpose of informing and educating owners of motor vehi-
    25  cles  in  this state, an agency or authority authorized to issue notices
    26  of liability pursuant to the provisions of this act  shall,  during  the
    27  first  thirty-day period in which the photo violation monitoring systems
    28  are in operation pursuant to the provisions of this act, issue a written
    29  warning in lieu of a notice of liability to all owners of motor vehicles
    30  who would be held liable for failure of operators thereof to comply with
    31  subdivision (b), (d), (f) or (g) of section eleven hundred eighty of the
    32  vehicle and traffic law in accordance with section eleven hundred eight-
    33  y-e of the vehicle and traffic law.
    34    § 16. This act shall take effect on the thirtieth day after  it  shall
    35  have  become  a  law; provided, however, that sections twelve, thirteen,
    36  fourteen and fifteen of this act shall expire and be deemed  repealed  5
    37  years  after such effective date when upon such date the  provisions  of
    38  such sections shall be deemed repealed; provided  that  effective  imme-
    39  diately, the addition, amendment and/or repeal of any rule or regulation
    40  necessary  for  the implementation of this act on its effective date are
    41  authorized to be made and completed on or before  such  effective  date;
    42  and provided further, that:
    43    (a)  the  amendments  to  the  opening  paragraph and paragraph (c) of
    44  subdivision 1 of section 1809 of the vehicle and  traffic  law  made  by
    45  section  eight  of  this  act  shall  not  affect the expiration of such
    46  section and shall be deemed to expire therewith, when upon such date the
    47  provisions of section eight-a of this act shall take effect;
    48    (b) the amendments to the  opening  paragraph  and  paragraph  (c)  of
    49  subdivision  1  of  section  1809 of the vehicle and traffic law made by
    50  section eight-a of this act shall not  affect  the  expiration  of  such
    51  section and shall be deemed to expire therewith, when upon such date the
    52  provisions of section eight-b of this act shall take effect;
    53    (c) the amendments to subdivision 1 of section 1809 of the vehicle and
    54  traffic  law  made  by  section eight-b of this act shall not affect the
    55  expiration of such section and shall be deemed to expire therewith, when

        A. 485--B                          32
 
     1  upon such date the provisions of section eight-c of this act shall  take
     2  effect;
     3    (d) the amendments to subdivision 1 of section 1809 of the vehicle and
     4  traffic  law  made  by  section eight-c of this act shall not affect the
     5  expiration of such section and shall be deemed to expire therewith, when
     6  upon such date the provisions of section eight-d of this act shall  take
     7  effect;
     8    (e) the amendments to subdivision 1 of section 1809 of the vehicle and
     9  traffic  law  made  by  section eight-d of this act shall not affect the
    10  expiration of such section and shall be deemed to expire therewith, when
    11  upon such date the provisions of section eight-e of this act shall  take
    12  effect;
    13    (f) the amendments to subdivision 1 of section 1809 of the vehicle and
    14  traffic  law  made  by  section eight-e of this act shall not affect the
    15  expiration of such section and shall be deemed to expire therewith, when
    16  upon such date the provisions of section eight-f of this act shall  take
    17  effect;
    18    (g) the amendments to subdivision 1 of section 1809 of the vehicle and
    19  traffic  law  made  by  section eight-f of this act shall not affect the
    20  expiration of such section and shall be deemed to expire therewith, when
    21  upon such date the provisions of section eight-g of this act shall  take
    22  effect; and
    23    (h) the amendments to subdivision 1 of section 1809 of the vehicle and
    24  traffic  law  made  by  section eight-g of this act shall not affect the
    25  expiration of such section and shall be deemed to expire therewith, when
    26  upon such date the provisions of section eight-h of this act shall  take
    27  effect.
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