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A01145 Summary:

BILL NOA01145A
 
SAME ASSAME AS S00415-A
 
SPONSORPaulin
 
COSPNSR
 
MLTSPNSR
 
Amd V & T L, generally; amd §87, Pub Off L; add §371-a, Gen Muni L
 
Relates to the adjudication of certain traffic infractions and notices of liability involving the use of photo monitoring devices; authorizes adjudication of traffic control signal indications in the village of Pelham Manor.
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A01145 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1145--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 7, 2021
                                       ___________
 
        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on  Transportation  --  committee  discharged,  bill  amended, ordered
          reprinted as amended and recommitted to said committee
 
        AN ACT to amend the vehicle and traffic law, the general  municipal  law
          and  the  public  officers law, in relation to certain traffic infrac-
          tions and notices of liability; to amend the vehicle and traffic  law,
          in  relation  to  adjudications and owner liability for a violation of
          traffic-control signal indications in the village of Pelham Manor;  to
          repeal  certain  provisions  of  the  vehicle and traffic law relating
          thereto; and providing for the repeal of certain provisions upon expi-
          ration thereof
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Section 235 of the vehicle and traffic law is REPEALED and
     2  a new section 235 is added to read as follows:
     3    § 235. Jurisdiction. 1. Notwithstanding any inconsistent provision  of
     4  any  general, special or local law or administrative code to the contra-
     5  ry, in any city which heretofore or hereafter is authorized to establish
     6  an administrative tribunal: (a) to  hear  and  determine  complaints  of
     7  traffic   infractions   constituting   parking,   standing  or  stopping
     8  violations, or (b) to adjudicate the liability of owners for  violations
     9  of  subdivision  (d)  of  section  eleven hundred eleven of this chapter
    10  imposed pursuant to a local law or ordinance imposing monetary liability
    11  on the owner of a vehicle for failure of an operator thereof  to  comply
    12  with  traffic-control indications through the installation and operation
    13  of traffic-control signal photo violation-monitoring systems, in accord-
    14  ance with article twenty-four of this chapter, or (c) to adjudicate  the
    15  liability  of owners for violations of subdivision (b), (c), (d), (f) or
    16  (g) of section eleven hundred eighty of this chapter imposed pursuant to
    17  a demonstration program imposing monetary liability on the  owner  of  a
    18  vehicle  for  failure  of an operator thereof to comply with such posted
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02079-08-1

        A. 1145--A                          2
 
     1  maximum speed limits through the installation  and  operation  of  photo
     2  speed violation monitoring systems, in accordance with article thirty of
     3  this  chapter,  or  (d)  to  adjudicate  the  liability  of  owners  for
     4  violations of bus lane restrictions as defined by article twenty-four of
     5  this  chapter  imposed  pursuant to a bus rapid transit program imposing
     6  monetary liability on the owner of a vehicle for failure of an  operator
     7  thereof  to comply with such bus lane restrictions through the installa-
     8  tion and operation of bus lane photo devices, in accordance with article
     9  twenty-four of this chapter, or  (e)  to  adjudicate  the  liability  of
    10  owners  for violations of toll collection regulations imposed by certain
    11  public authorities pursuant to the law authorizing such public  authori-
    12  ties  to impose monetary liability on the owner of a vehicle for failure
    13  of an  operator thereof to comply with toll  collection  regulations  of
    14  such  public  authorities  through  the  installation  and  operation of
    15  photo-monitoring systems, in accordance with the provisions  of  section
    16  two  thousand nine hundred eighty-five of the public authorities law and
    17  sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred
    18  seventy-four of the laws of nineteen hundred fifty, or (f) to adjudicate
    19  the  liability of owners for violations of section eleven hundred seven-
    20  ty-four of this chapter when meeting a school bus marked and equipped as
    21  provided in  subdivisions  twenty  and  twenty-one-c  of  section  three
    22  hundred  seventy-five of this chapter imposed pursuant to a local law or
    23  ordinance imposing monetary liability on the  owner  of  a  vehicle  for
    24  failure  of  an  operator  thereof  to comply with school bus red visual
    25  signals through the installation  and  operation  of  school  bus  photo
    26  violation  monitoring systems, in accordance with article twenty-nine of
    27  this chapter, such tribunal and the  rules  and  regulations  pertaining
    28  thereto shall be constituted in substantial conformance with the follow-
    29  ing sections.
    30    2.  Notwithstanding any inconsistent provision of any general, special
    31  or local law or administrative code to the contrary,  any  city  with  a
    32  population  in  excess  of one hundred thousand persons according to the
    33  nineteen hundred eighty United States census hereinafter referred to  as
    34  a  city shall provide notice of parking violations and of the imposition
    35  of additional penalties whenever the person who is liable therefor fails
    36  to respond to the parking ticket in the manner designated thereon.  Such
    37  notice  shall  be  in  substantial  conformance   with   the   following
    38  provisions:
    39    a.  Notice.  (1)  Whenever  a  city issues a notice of violation for a
    40  parking violation, it shall be served in the manner prescribed by subdi-
    41  vision two of section two hundred thirty-eight of this article.
    42    (2) Whenever a person has been issued a  notice  of  violation  for  a
    43  parking  violation  and has not responded in the manner described in the
    44  notice, a city shall give the owner a second notice of the violation  by
    45  regular first class mail: (i) within forty days of issuance of the first
    46  notice of violation for a parking violation where the vehicle is a vehi-
    47  cle  registered  in this state; or (ii) within forty days of the receipt
    48  by such city of the name and address of the owner of the  vehicle  where
    49  the  vehicle  is  a  vehicle registered in any other state.  Such second
    50  notice shall include, but not be limited to, the following information:
    51    (A) that the owner has a period of twenty days from  issuance  of  the
    52  second notice in which to respond to the notice of violation for a park-
    53  ing violation;
    54    (B)  that  failure to respond to the notice of violation for a parking
    55  violation may result in the suspension and non-renewal  of  the  owner's
    56  registration;

        A. 1145--A                          3
 
     1    (C)  that  failure to respond to the notice of violation for a parking
     2  violation may subject the owner to additional penalties as  provided  in
     3  paragraph b of this subdivision;
     4    (D)  that  failure to respond to the notice of violation for a parking
     5  violation shall subject the owner to a default judgment as  provided  in
     6  paragraph  c  of  this  subdivision and the additional penalties imposed
     7  upon parking violations pursuant to paragraph b of this subdivision; and
     8    (E) that submission of a plea of guilty to the parking violation makes
     9  the owner liable for payment of the stated fine and additional penalties
    10  imposed pursuant to paragraph b of this subdivision  and  the  mandatory
    11  surcharge of fifteen dollars imposed upon parking violations pursuant to
    12  section eighteen hundred nine-a of this chapter.
    13    b.  Additional penalties. (1) For the purposes of this paragraph, each
    14  locality shall determine an initial response date of not less than eight
    15  days nor more than thirty days,  after  which  time  a  penalty  may  be
    16  imposed.  The  liability  for such initial penalty shall commence on the
    17  date following the initial response date.
    18    (2) Failure to  respond  to  a  notice  of  violation  for  a  parking
    19  violation by the initial response date may result in the liability for a
    20  penalty  in  an  amount of the fine indicated on the notice of violation
    21  for a parking violation; where a city has given a second notice pursuant
    22  to paragraph a of this subdivision, the following schedule of additional
    23  penalties may apply:
    24    (A) failure to  respond  to  a  notice  of  violation  for  a  parking
    25  violation  by  the initial response date may result in the liability for
    26  an additional penalty not to exceed ten dollars or, if the first penalty
    27  assessed by a city does not exceed five dollars, such city may assess an
    28  additional penalty within thirty-one to seventy-five days not to  exceed
    29  ten dollars; and
    30    (B)  where a city has given a second notice pursuant to paragraph a of
    31  this subdivision failure to respond to a notice of violation for a park-
    32  ing violation within seventy-five days  may  result  in  the  liability,
    33  commencing  on  the  seventy-sixth day, for an additional penalty not to
    34  exceed twenty dollars.
    35    (3) Where the additional penalty schedule set  forth  in  subparagraph
    36  two  of  this  paragraph, as interpreted in 9 New York Code of Rules and
    37  Regulations Part 6180, has not been implemented by a city and is not  in
    38  effect  in  such city on or before January first, nineteen hundred nine-
    39  ty-three, the provisions of this paragraph  shall  not  apply.  For  the
    40  purposes of this subdivision, the provisions of this paragraph shall not
    41  be  considered to have been implemented and in effect unless the penalty
    42  schedule contained herein shall have been applied to parking  violations
    43  issued  in  such city on or before January first, nineteen hundred nine-
    44  ty-three.
    45    b-1. Alternate additional penalty schedule. In any city in  which  the
    46  schedule  of  penalties  contained in subparagraph two of paragraph b of
    47  this subdivision, as interpreted in 9 New York Code of Rules  and  Regu-
    48  lations  Part 6180, has not been implemented and was not in effect on or
    49  before January first, nineteen hundred ninety-three, the  provisions  of
    50  this paragraph shall only apply upon enactment of a local law containing
    51  the penalty schedule provided in this paragraph prior to March 28, 1993.
    52  Following  the  enactment  of  such  a local law, such city may elect to
    53  impose the additional penalties set forth in subparagraphs one  and  two
    54  of  this paragraph for failure to respond to a notice of violation for a
    55  parking violation in accordance with this paragraph. In the  event  that
    56  no  such  local  law  was enacted prior to March 28, 1993, the alternate

        A. 1145--A                          4
 
     1  additional penalty schedule set forth in paragraph b-2 of this  subdivi-
     2  sion shall apply.
     3    (1)  Failure  to  respond  to  a  notice  of  violation  for a parking
     4  violation within thirty days shall result in  liability,  commencing  on
     5  the  thirty-first  day,  for  an  additional penalty in an amount not to
     6  exceed ten dollars, indicated on the notice of violation for  a  parking
     7  violation;  where a city has given a second notice pursuant to paragraph
     8  a of this subdivision failure to respond to a notice of violation for  a
     9  parking  violation  within  forty-five  days  may  result  in liability,
    10  commencing on the forty-sixth day, for the penalty prescribed above  for
    11  failure  to  respond within thirty days and an additional penalty not to
    12  exceed twenty dollars; and where a city has given a second notice pursu-
    13  ant to paragraph a of this subdivision failure to respond to a notice of
    14  violation for a parking violation within seventy-five days may result in
    15  liability, commencing  on  the  seventy-sixth  day,  for  the  penalties
    16  prescribed above for failure to respond within thirty days and for fail-
    17  ure  to  respond within forty-five days and an additional penalty not to
    18  exceed thirty dollars.
    19    (2) Notwithstanding the foregoing schedule of  alternative  additional
    20  penalties,  if an owner makes a plea or appears within twenty days after
    21  issuance of a second notice of violation in accordance with paragraph  a
    22  of  this  subdivision, or prior to such mailing, such additional penalty
    23  shall not exceed ten dollars.
    24    b-2. Alternate additional penalty schedule. In any city in  which  the
    25  schedule  of  penalties contained in paragraph b of this subdivision, as
    26  interpreted in 9 New York Code of Rules and Regulations Part  6180,  has
    27  not  been  implemented and was not in effect on or before January first,
    28  nineteen hundred ninety-three and which has  not  enacted  a  local  law
    29  pursuant  to  paragraph b-1 of this subdivision prior to March 28, 1993,
    30  the following alternate additional penalty schedule shall apply:
    31    (1) Failure to  respond  to  a  notice  of  violation  for  a  parking
    32  violation  within  eight days may result in the liability, commencing on
    33  the ninth day, for an additional penalty in an amount not to exceed five
    34  dollars;
    35    (2) Failure to  respond  to  a  notice  of  violation  for  a  parking
    36  violation  within thirty days may result in the liability, commencing on
    37  the thirty-first day, for the penalty prescribed above  for  failure  to
    38  respond  within  eight  days and an additional penalty not to exceed ten
    39  dollars or, if the first penalty assessed by the city  does  not  exceed
    40  five  dollars, such city may assess an additional penalty within thirty-
    41  one to seventy-five days not to exceed ten dollars;
    42    (3) Where a city has given a second notice pursuant to paragraph a  of
    43  this subdivision failure to respond to a notice of violation for a park-
    44  ing  violation  within  seventy-five  days  may result in the liability,
    45  commencing on the seventy-sixth day, for the penalties prescribed  above
    46  for  failure  to  respond  within  eight days and for failure to respond
    47  within thirty days and  an  additional  penalty  not  to  exceed  twenty
    48  dollars; and
    49    (4)  Notwithstanding the foregoing schedule of alternate penalties, if
    50  an owner makes a plea or appears within twenty days after issuance of  a
    51  second notice of violation in accordance with paragraph a of this subdi-
    52  vision,  or  prior  to  such  mailing, such additional penalty shall not
    53  exceed five dollars.
    54    c. Default judgment. Where a city has given notice pursuant  to  para-
    55  graph a of this subdivision, failure to respond to a notice of violation
    56  for  a parking violation within ninety days shall be deemed an admission

        A. 1145--A                          5
 
     1  of liability and shall subject the owner to  a  default  judgment  being
     2  entered thereon in an amount not greater than the amount of the original
     3  fine and accrued penalties plus any applicable surcharges.  Such default
     4  shall  be  reported  to  the  department  which department shall cause a
     5  suspension and non-renewal of the owner's registration pursuant  to  the
     6  provisions  of  subdivision  four-c  of section five hundred ten of this
     7  chapter.
     8    3. Nothing set forth in this article shall be construed  to  authorize
     9  the imposition of monetary liability on the owner of a vehicle for fail-
    10  ure  of an operator thereof to comply with any provision of law, rule or
    11  regulation through the installation and operation of a photo enforcement
    12  device or system, except as otherwise explicitly authorized  by  article
    13  twenty-four, twenty-nine or thirty of this chapter, by section two thou-
    14  sand  nine  hundred  eighty-five  of  the  public authorities law, or by
    15  sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred
    16  seventy-four  of the laws of nineteen hundred fifty, nor be construed to
    17  grant any municipality the authority to establish by  local  law,  ordi-
    18  nance, order, rule, regulation, resolution or any other means, an admin-
    19  istrative  tribunal  to hear and determine complaints of traffic infrac-
    20  tions  or  jurisdiction  to  adjudicate  any  liability  set  forth   in
    21  subdivision one of this section.
    22    §  2.  Subdivision  1 of section 236 of the vehicle and traffic law is
    23  REPEALED and a new subdivision 1 is added to read as follows:
    24    1. Creation. In any city as hereinbefore or hereafter authorized  such
    25  tribunal  when  created  shall be known as the parking violations bureau
    26  and shall have jurisdiction of traffic infractions  which  constitute  a
    27  parking violation and, where authorized: (a) to adjudicate the liability
    28  of  owners  for  violations of subdivision (d) of section eleven hundred
    29  eleven of this chapter imposed pursuant to  a  local  law  or  ordinance
    30  imposing  monetary liability on the owner of a vehicle for failure of an
    31  operator thereof to comply with traffic-control indications through  the
    32  installation  and  operation  of traffic-control signal photo violation-
    33  monitoring systems, in accordance with article twenty-four of this chap-
    34  ter, or (b) to adjudicate the liability  of  owners  for  violations  of
    35  subdivision  (b),  (c), (d), (f) or (g) of section eleven hundred eighty
    36  of this chapter imposed pursuant to  a  demonstration  program  imposing
    37  monetary  liability on the owner of a vehicle for failure of an operator
    38  thereof to comply with such posted  maximum  speed  limits  through  the
    39  installation  and operation of photo speed violation monitoring systems,
    40  in accordance with article thirty of this chapter, or (c) to  adjudicate
    41  the  liability  of  owners  for  violations  of bus lane restrictions as
    42  defined by article twenty-four of this chapter imposed pursuant to a bus
    43  rapid transit program imposing monetary liability  on  the  owner  of  a
    44  vehicle  for failure of an operator thereof to comply with such bus lane
    45  restrictions through the installation and operation of  bus  lane  photo
    46  devices,  in accordance with article twenty-four of this chapter, or (d)
    47  to adjudicate the liability of owners for violations of toll  collection
    48  regulations  imposed  by  certain public authorities pursuant to the law
    49  authorizing such public authorities to impose monetary liability on  the
    50  owner  of  a  vehicle  for failure of an operator thereof to comply with
    51  toll collection regulations  of  such  public  authorities  through  the
    52  installation  and  operation  of photo-monitoring systems, in accordance
    53  with the provisions of section two thousand nine hundred eighty-five  of
    54  the  public  authorities  law  and  sections  sixteen-a,  sixteen-b  and
    55  sixteen-c of chapter seven hundred seventy-four of the laws of  nineteen
    56  hundred  fifty,  or  (e)  to  adjudicate  the  liability  of  owners for

        A. 1145--A                          6
 
     1  violations of section eleven hundred seventy-four of this  chapter  when
     2  meeting  a  school  bus  marked and equipped as provided in subdivisions
     3  twenty and twenty-one-c of section three hundred  seventy-five  of  this
     4  chapter  imposed pursuant to a local law or ordinance imposing  monetary
     5  liability on the owner of a vehicle for failure of an  operator  thereof
     6  to  comply  with  school bus red visual signals through the installation
     7  and operation of school  bus  photo  violation  monitoring  systems,  in
     8  accordance  with  article  twenty-nine of this chapter.   Such tribunal,
     9  except in a city with a population of one million or  more,  shall  also
    10  have  jurisdiction  of abandoned vehicle violations. For the purposes of
    11  this article, a parking violation is the violation of any law,  rule  or
    12  regulation providing for or regulating the parking, stopping or standing
    13  of  a  vehicle. In addition for purposes of this article, "commissioner"
    14  shall mean and include the commissioner of traffic of  the  city  or  an
    15  official possessing authority as such a commissioner.
    16    §  3.  Paragraph  f of subdivision 1 of section 239 of the vehicle and
    17  traffic law is REPEALED and a new  paragraph  f  is  added  to  read  as
    18  follows:
    19    f.  "Notice  of  violation"  means a notice of violation as defined in
    20  subdivision nine of section two hundred thirty-seven  of  this  article,
    21  but shall not be deemed to include a notice of liability issued pursuant
    22  to  authorization  set  forth  in  articles twenty-four, twenty-nine and
    23  thirty of this chapter, section two thousand nine hundred eighty-five of
    24  the  public  authorities  law  and  sections  sixteen-a,  sixteen-b  and
    25  sixteen-c  of chapter seven hundred seventy-four of the laws of nineteen
    26  hundred fifty to impose monetary liability on the owner of a vehicle for
    27  failure of an operator thereof: to  comply  with  traffic-control  indi-
    28  cations in violation of subdivision (d) of section eleven hundred eleven
    29  of  this  chapter through the installation and operation of traffic-con-
    30  trol signal photo violation-monitoring systems, in accordance with arti-
    31  cle twenty-four of this chapter; or to comply with certain posted  maxi-
    32  mum  speed  limits in violation of subdivision (b), (c), (d), (f) or (g)
    33  of section eleven hundred eighty of this chapter through  the  installa-
    34  tion  and  operation  of  photo  speed  violation monitoring systems, in
    35  accordance with article thirty of this chapter; or to  comply  with  bus
    36  lane  restrictions  as  defined  by  article twenty-four of this chapter
    37  through the installation and operation of bus  lane  photo  devices,  in
    38  accordance  with  article twenty-four of this chapter; or to comply with
    39  toll collection regulations of certain public  authorities  through  the
    40  installation  and  operation  of photo-monitoring systems, in accordance
    41  with the provisions of section two thousand nine hundred eighty-five  of
    42  the  public  authorities  law  and    sections  sixteen-a, sixteen-b and
    43  sixteen-c of chapter seven hundred seventy-four of the laws of  nineteen
    44  hundred  fifty;  or  to  stop  for  a school bus displaying a red visual
    45  signal in violation of section eleven hundred seventy-four of this chap-
    46  ter through the installation and operation of school bus photo violation
    47  monitoring systems, in accordance with article twenty-nine of this chap-
    48  ter.
    49    § 4. Subdivisions 1 and 1-a of section 240 of the vehicle and  traffic
    50  law are REPEALED and two new subdivisions 1 and 1-a are added to read as
    51  follows:
    52    1.  Notice  of  hearing.  Whenever  a  person  charged  with a parking
    53  violation enters a plea of not guilty; or a person alleged to be  liable
    54  in  accordance  with  any provisions of law specifically authorizing the
    55  imposition of monetary liability on the owner of a vehicle  for  failure
    56  of  an  operator  thereof: to comply with traffic-control indications in

        A. 1145--A                          7
 
     1  violation of subdivision (d) of section eleven hundred  eleven  of  this
     2  chapter through the installation and operation of traffic-control signal
     3  photo  violation-monitoring  systems, in accordance with article twenty-
     4  four  of  this  chapter;  or to comply with certain posted maximum speed
     5  limits in violation of subdivision (b), (c), (d), (f) or (g) of  section
     6  eleven hundred eighty of this chapter through the installation and oper-
     7  ation  of  photo  speed violation monitoring systems, in accordance with
     8  article thirty of this chapter; or to comply with bus lane  restrictions
     9  as  defined by article twenty-four of this chapter through the installa-
    10  tion and operation of bus lane photo devices, in accordance with article
    11  twenty-four of this chapter; or to comply  with  toll  collection  regu-
    12  lations of certain public authorities through the installation and oper-
    13  ation  of photo-monitoring systems, in accordance with the provisions of
    14  section two thousand nine hundred eighty-five of the public  authorities
    15  law  and  sections  sixteen-a,  sixteen-b and sixteen-c of chapter seven
    16  hundred seventy-four of the laws of nineteen hundred fifty; or  to  stop
    17  for  a school bus displaying a red visual signal in violation of section
    18  eleven hundred seventy-four of this chapter through the installation and
    19  operation of school bus photo violation monitoring systems,  in  accord-
    20  ance with article twenty-nine of this chapter, contests such allegation,
    21  the  bureau  shall  advise  such person personally by such form of first
    22  class mail as the director may direct of the date on  which  he  or  she
    23  must  appear  to answer the charge at a hearing. The form and content of
    24  such notice of hearing shall be prescribed by the  director,  and  shall
    25  contain  a  warning  to advise the person so pleading or contesting that
    26  failure to appear on the date designated, or on any subsequent adjourned
    27  date, shall be deemed an admission of  liability,  and  that  a  default
    28  judgment may be entered thereon.
    29    1-a.  Fines  and  penalties.  Whenever  a  plea of not guilty has been
    30  entered, or the bureau has been notified that an allegation of liability
    31  in accordance with provisions of law specifically authorizing the  impo-
    32  sition of monetary liability on the owner of a vehicle for failure of an
    33  operator   thereof:   to  comply  with  traffic-control  indications  in
    34  violation of subdivision (d) of section eleven hundred  eleven  of  this
    35  chapter through the installation and operation of traffic-control signal
    36  photo  violation-monitoring  systems, in accordance with article twenty-
    37  four of this chapter; or to comply with  certain  posted  maximum  speed
    38  limits  in violation of subdivision (b), (c), (d), (f) or (g) of section
    39  eleven   hundred eighty of this chapter  through  the  installation  and
    40  operation  of  photo  speed  violation monitoring systems, in accordance
    41  with article thirty  of  this  chapter;  or  to  comply  with  bus  lane
    42  restrictions  as  defined by article twenty-four of this chapter through
    43  the installation and operation of bus lane photo devices, in  accordance
    44  with  article  twenty-four  of  this  chapter;  or  to  comply with toll
    45  collection regulations of certain public authorities through the instal-
    46  lation and operation of photo-monitoring systems, in accordance with the
    47  provisions of section two  thousand  nine  hundred  eighty-five  of  the
    48  public  authorities  law and sections sixteen-a, sixteen-b and sixteen-c
    49  of chapter seven hundred seventy-four of the laws  of  nineteen  hundred
    50  fifty;  or  to  stop  for a school bus displaying a red visual signal in
    51  violation of section eleven hundred seventy-four of this chapter through
    52  the installation and operation of school bus photo violation  monitoring
    53  systems,  in  accordance  with  article  twenty-nine of this chapter, is
    54  being contested, by a person in a timely fashion and a hearing upon  the
    55  merits  has  been  demanded, but has not yet been held, the bureau shall

        A. 1145--A                          8

     1  not issue any notice of fine or penalty to that person prior to the date
     2  of the hearing.
     3    § 5. Paragraphs a and g of subdivision 2 of section 240 of the vehicle
     4  and traffic law are REPEALED and two new paragraphs a and g are added to
     5  read as follows:
     6    a. Every hearing for the adjudication of a charge of parking violation
     7  or an allegation of liability of an owner for a violation of subdivision
     8  (d) of section eleven hundred eleven of this chapter imposed pursuant to
     9  a  local  law or ordinance imposing monetary liability on the owner of a
    10  vehicle for failure of an operator thereof to comply  with  traffic-con-
    11  trol  indications through the installation and operation of traffic-con-
    12  trol signal photo violation-monitoring systems, in accordance with arti-
    13  cle twenty-four of this chapter, or an allegation  of  liability  of  an
    14  owner  for  a  violation  of  subdivision  (b),  (c), (d), (f) or (g) of
    15  section eleven hundred eighty of this  chapter  imposed  pursuant  to  a
    16  demonstration  program  imposing  monetary  liability  on the owner of a
    17  vehicle for failure of an operator thereof to comply with certain posted
    18  maximum speed limits through the installation  and  operation  of  photo
    19  speed violation monitoring systems, in accordance with article thirty of
    20  this  chapter, or an allegation of liability of an owner for a violation
    21  of bus lane restrictions as defined by article twenty-four of this chap-
    22  ter imposed pursuant to a bus rapid transit  program  imposing  monetary
    23  liability  on  the owner of a vehicle for failure of an operator thereof
    24  to comply with such bus lane restrictions through the  installation  and
    25  operation  of bus lane photo devices, in accordance with article twenty-
    26  four of this chapter, or an allegation of liability of an  owner  for  a
    27  violation  of  toll  collection  regulations  imposed  by certain public
    28  authorities pursuant to the law authorizing such public  authorities  to
    29  impose  monetary  liability  on the owner of a vehicle for failure of an
    30  operator thereof to comply with  toll  collection  regulations  of  such
    31  public authorities through the installation and operation of photo-moni-
    32  toring  systems,  in accordance with the provisions of section two thou-
    33  sand nine hundred eighty-five of the public authorities law and sections
    34  sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
    35  of the laws of nineteen hundred fifty, or an allegation of liability  of
    36  an  owner for a violation of section eleven hundred seventy-four of this
    37  chapter when meeting a school bus marked and  equipped  as  provided  in
    38  subdivisions  twenty  and twenty-one-c of section three hundred seventy-
    39  five of this chapter imposed pursuant to a local law or ordinance impos-
    40  ing monetary liability on the owner of a vehicle for failure of an oper-
    41  ator thereof to comply with school bus red visual  signals  through  the
    42  installation  and  operation  of  school  bus photo violation monitoring
    43  systems, in accordance with article twenty-nine of this  chapter,  shall
    44  be  held  before  a  hearing examiner in accordance with rules and regu-
    45  lations promulgated by the bureau.
    46    g. A record shall be made of a hearing on a plea of not guilty or of a
    47  hearing at which liability in accordance  with  any  provisions  of  law
    48  specifically  authorizing  the  imposition  of monetary liability on the
    49  owner of a vehicle for failure of an operator thereof:  to  comply  with
    50  traffic-control  indications  in violation of subdivision (d) of section
    51  eleven hundred eleven of this chapter through the installation and oper-
    52  ation of traffic-control signal photo violation-monitoring  systems,  in
    53  accordance  with  article  twenty-four  of  this chapter; to comply with
    54  certain posted maximum speed limits in  violation  of  subdivision  (b),
    55  (c),  (d),  (f)  or (g) of section eleven hundred eighty of this chapter
    56  through the installation and operation of photo speed violation monitor-

        A. 1145--A                          9
 
     1  ing systems, in accordance with  article  thirty  of  this  chapter;  to
     2  comply  with  bus lane restrictions as defined by article twenty-four of
     3  this chapter through the installation and operation of  bus  lane  photo
     4  devices,  in  accordance  with  article  twenty-four of this chapter; to
     5  comply with toll collection regulations of  certain  public  authorities
     6  through  the  installation and operation of photo-monitoring systems, in
     7  accordance with the provisions of  section  two  thousand  nine  hundred
     8  eighty-five  of  the  public  authorities  law  and  sections sixteen-a,
     9  sixteen-b and sixteen-c of chapter seven  hundred  seventy-four  of  the
    10  laws of nineteen hundred fifty; or to stop for a school bus displaying a
    11  red visual signal in violation of section eleven hundred seventy-four of
    12  this  chapter through the installation and operation of school bus photo
    13  violation monitoring systems, in accordance with article twenty-nine  of
    14  this  chapter,  is  contested.    Recording  devices may be used for the
    15  making of the record.
    16    § 6. Subdivisions 1 and 2 of section 241 of the  vehicle  and  traffic
    17  law  are  REPEALED and two new subdivisions 1 and 2 are added to read as
    18  follows:
    19    1. The hearing examiner shall make a  determination  on  the  charges,
    20  either  sustaining or dismissing them. Where the hearing examiner deter-
    21  mines that the charges have been sustained he or she may examine  either
    22  the  prior  parking  violations  record  or  the  record  of liabilities
    23  incurred in accordance with any provisions of law specifically authoriz-
    24  ing the imposition of monetary liability on the owner of a  vehicle  for
    25  failure  of  an  operator  thereof: to comply with traffic-control indi-
    26  cations in violation of subdivision (d) of section eleven hundred eleven
    27  of this chapter through the installation and operation  of  traffic-con-
    28  trol signal photo violation-monitoring systems, in accordance with arti-
    29  cle  twenty-four  of this chapter; to comply with certain posted maximum
    30  speed limits in violation of subdivision (b), (c), (d), (f)  or  (g)  of
    31  section  eleven  hundred eighty of this chapter through the installation
    32  and operation of photo speed violation monitoring systems, in accordance
    33  with  article  thirty  of  this  chapter;  to  comply  with   bus   lane
    34  restrictions  as  defined by article twenty-four of this chapter through
    35  the installation and operation of bus lane photo devices, in  accordance
    36  with article twenty-four of this chapter; to comply with toll collection
    37  regulations  of  certain public authorities through the installation and
    38  operation of photo-monitoring systems, in accordance with the provisions
    39  of section two thousand nine hundred eighty-five of the public  authori-
    40  ties  law  and  sections  sixteen-a,  sixteen-b and sixteen-c of chapter
    41  seven hundred seventy-four of the laws of nineteen hundred fifty; or  to
    42  stop  for  a  school  bus displaying a red visual signal in violation of
    43  section eleven hundred seventy-four of this chapter through the  instal-
    44  lation  and  operation of school bus photo violation monitoring systems,
    45  in accordance with article twenty-nine of this chapter,  of  the  person
    46  charged,  as  applicable prior to rendering a final determination. Final
    47  determinations sustaining or dismissing charges shall be  entered  on  a
    48  final  determination roll maintained by the bureau together with records
    49  showing payment and nonpayment of penalties.
    50    2. Where an operator or owner fails to enter a plea to a charge  of  a
    51  parking  violation  or  contest an allegation of liability in accordance
    52  with any provisions of law specifically authorizing  the  imposition  of
    53  monetary  liability on the owner of a vehicle for failure of an operator
    54  thereof: to comply with  traffic-control  indications  in  violation  of
    55  subdivision (d) of section eleven hundred eleven of this chapter through
    56  the  installation  and  operation of traffic-control signal photo viola-

        A. 1145--A                         10

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

        A. 1145--A                         11
 
     1  default may be avoided by entering a plea or contesting an allegation of
     2  liability  in accordance with any provisions of law specifically author-
     3  izing the imposition of monetary liability on the owner of a vehicle for
     4  failure  of  an  operator  thereof: to comply with traffic-control indi-
     5  cations in violation of subdivision (d) of section eleven hundred eleven
     6  of this chapter through the installation and operation  of  traffic-con-
     7  trol signal photo violation-monitoring systems, in accordance with arti-
     8  cle  twenty-four  of this chapter; to comply with certain posted maximum
     9  speed limits in violation of subdivisions (b), (c), (d), (f) or  (g)  of
    10  section  eleven  hundred eighty of this chapter through the installation
    11  and operation of photo speed violation monitoring systems, in accordance
    12  with  article  thirty  of  this  chapter;  to  comply  with   bus   lane
    13  restrictions  as  defined by article twenty-four of this chapter through
    14  the installation and operation of bus lane photo devices, in  accordance
    15  with article twenty-four of this chapter; to comply with toll collection
    16  regulations  of  certain public authorities through the installation and
    17  operation of photo-monitoring systems, in accordance with the provisions
    18  of section two thousand nine hundred eighty-five of the public  authori-
    19  ties  law  and  sections  sixteen-a,  sixteen-b and sixteen-c of chapter
    20  seven hundred seventy-four of the laws of nineteen hundred fifty; or  to
    21  stop  for  a  school  bus displaying a red visual signal in violation of
    22  section eleven hundred seventy-four of this chapter through the  instal-
    23  lation  and  operation of school bus photo violation monitoring systems,
    24  in accordance with article twenty-nine of this  chapter,  or  making  an
    25  appearance  within  thirty  days  of  the sending of such notice.  Pleas
    26  entered and allegations contested within that period  shall  be  in  the
    27  manner prescribed in the notice and not subject to additional penalty or
    28  fee.  Such  notice  of  impending default judgment shall not be required
    29  prior to the rendering and entry thereof in the  case  of  operators  or
    30  owners  who are non-residents of the state of New York. In no case shall
    31  a default judgment be rendered or, where required, a notice of impending
    32  default judgment be sent, more than two years after  the  expiration  of
    33  the  time  prescribed  for  entering a plea or contesting an allegation.
    34  When a person has demanded a  hearing,  no  fine  or  penalty  shall  be
    35  imposed  for  any  reason,  prior  to the holding of the hearing. If the
    36  hearing examiner shall make a determination on the  charges,  sustaining
    37  them,  he or she shall impose no greater penalty or fine than those upon
    38  which the person was originally charged.
    39    § 7. Paragraph a of subdivision 5-a of section 401 of the vehicle  and
    40  traffic  law  is  REPEALED  and  a  new  paragraph a is added to read as
    41  follows:
    42    a. (i) If at the time of application for  a  registration  or  renewal
    43  thereof  there  is  a  certification  from  a  court, parking violations
    44  bureau, traffic and parking violations agency or administrative tribunal
    45  of appropriate jurisdiction that the registrant or his or her  represen-
    46  tative  failed  to appear on the return date or any subsequent adjourned
    47  date or failed to comply with the rules and regulations of  an  adminis-
    48  trative  tribunal  following  entry of a final decision in response to a
    49  total of three or more summonses or  other  process  in  the  aggregate,
    50  issued  within  an eighteen month period, charging either that: (i) such
    51  motor vehicle was parked, stopped or standing, or that such motor  vehi-
    52  cle  was operated for hire by the registrant or his or her agent without
    53  being licensed as a motor vehicle for  hire  by  the  appropriate  local
    54  authority,  in  violation of any of the provisions of this chapter or of
    55  any law, ordinance, rule or regulation made by  a  local  authority;  or
    56  (ii)  the  registrant  was  liable for a violation of subdivision (d) of

        A. 1145--A                         12
 
     1  section eleven hundred eleven of this  chapter  imposed  pursuant  to  a
     2  local  law  or  ordinance  imposing monetary liability on the owner of a
     3  vehicle for failure of an operator thereof to comply  with  traffic-con-
     4  trol  indications through the installation and operation of traffic-con-
     5  trol signal photo violation-monitoring systems, in accordance with arti-
     6  cle twenty-four of this chapter; or (iii) the registrant was liable  for
     7  a  violation  of subdivision (b), (c), (d), (f) or (g) of section eleven
     8  hundred eighty of this  chapter  imposed  pursuant  to  a  demonstration
     9  program  imposing monetary liability on the owner of a vehicle for fail-
    10  ure of an operator thereof to comply  with  such  posted  maximum  speed
    11  limits  through  the installation and operation of photo speed violation
    12  monitoring systems, in accordance with article thirty of  this  chapter;
    13  or  (iv)  the  registrant  was  liable  for  a  violation  of  bus  lane
    14  restrictions as defined by article twenty-four of this  chapter  imposed
    15  pursuant  to  a bus rapid transit program imposing monetary liability on
    16  the owner of a vehicle for failure of an operator thereof to comply with
    17  such bus lane restrictions through the installation and operation of bus
    18  lane photo devices, in accordance with article twenty-four of this chap-
    19  ter; or (v) the registrant was liable for a violation of section  eleven
    20  hundred  seventy-four  of  this chapter when meeting a school bus marked
    21  and equipped as provided in  subdivisions  twenty  and  twenty-one-c  of
    22  section three hundred seventy-five of this chapter imposed pursuant to a
    23  local  law  or  ordinance  imposing monetary liability on the owner of a
    24  vehicle for failure of an operator thereof to comply with school bus red
    25  visual signals through the installation  and  operation  of  school  bus
    26  photo  violation  monitoring systems, in accordance with article twenty-
    27  nine of this chapter, the commissioner or his or her  agent  shall  deny
    28  the  registration  or  renewal  application until the applicant provides
    29  proof from the court, traffic and parking violations agency or  adminis-
    30  trative  tribunal  wherein the charges are pending that an appearance or
    31  answer has been made or in the case of an administrative  tribunal  that
    32  he  or  she has complied with the rules and regulations of said tribunal
    33  following entry of a final decision.  Where  an  application  is  denied
    34  pursuant   to  this  section,  the  commissioner  may,  in  his  or  her
    35  discretion, deny a registration or  renewal  application  to  any  other
    36  person  for  the  same  vehicle  and  may deny a registration or renewal
    37  application for any other motor vehicle registered in the  name  of  the
    38  applicant  where  the commissioner has determined that such registrant's
    39  intent has been to evade the purposes of this subdivision and where  the
    40  commissioner has reasonable grounds to believe that such registration or
    41  renewal  will have the effect of defeating the purposes of this subdivi-
    42  sion.  Such denial shall only remain in effect as long as the  summonses
    43  remain  unanswered,  or  in  the case of an administrative tribunal, the
    44  registrant fails to comply with  the  rules  and  regulations  following
    45  entry of a final decision.
    46    (ii)  For purposes of this paragraph, the term "motor vehicle operated
    47  for hire" shall mean and include a taxicab, livery, coach, limousine  or
    48  tow truck.
    49    §  8.  The  opening  paragraph  and  paragraph (c) of subdivision 1 of
    50  section 1809 of the vehicle and traffic law, as  separately  amended  by
    51  section  10  of  chapter 145 and section 9 of chapter 148 of the laws of
    52  2019, are amended to read as follows:
    53    Whenever proceedings in an administrative tribunal or a court of  this
    54  state  result  in  a  conviction  for an offense 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. 1145--A                         13
 
     1  infraction involving standing, stopping, or  parking  or  violations  by
     2  pedestrians  or  bicyclists[, or other than an adjudication of liability
     3  of an owner for a violation of subdivision (d) of section eleven hundred
     4  eleven  of  this  chapter  in  accordance  with  section  eleven hundred
     5  eleven-a of this chapter, or other than an adjudication of liability  of
     6  an  owner  for  a violation of subdivision (d) of section eleven hundred
     7  eleven of  this  chapter  in  accordance  with  section  eleven  hundred
     8  eleven-b  of  this  chapter, or other than an adjudication in accordance
     9  with section eleven hundred eleven-c of this chapter for a violation  of
    10  a  bus  lane  restriction  as  defined in such section, or other than an
    11  adjudication of liability of an owner for a violation of subdivision (d)
    12  of section eleven hundred eleven of  this  chapter  in  accordance  with
    13  section  eleven hundred eleven-d of this chapter, or other than an adju-
    14  dication of liability of an owner for a violation  of  subdivision  (b),
    15  (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in
    16  accordance  with  section  eleven  hundred  eighty-b of this chapter, or
    17  other than an adjudication of liability of an owner for a  violation  of
    18  subdivision  (d)  of  section  eleven  hundred eleven of this chapter in
    19  accordance with section eleven hundred  eleven-e  of  this  chapter,  or
    20  other  than  an adjudication of liability of an owner for a violation of
    21  section eleven hundred seventy-four of this chapter in  accordance  with
    22  section  eleven hundred seventy-four-a of this chapter, or other than an
    23  adjudication of liability of an owner for  a  violation  of  subdivision
    24  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    25  ter in accordance with section eleven hundred eighty-d of this chapter,]
    26  and  except  as otherwise provided by subdivision one-a of this section,
    27  there shall be levied a crime victim  assistance  fee  and  a  mandatory
    28  surcharge,  in addition to any sentence required or permitted by law, in
    29  accordance with the following schedule:
    30    (c) Whenever proceedings in an administrative tribunal or a  court  of
    31  this  state  result  in  a  conviction for an offense under this chapter
    32  other than a crime pursuant to section eleven hundred ninety-two of this
    33  chapter, or a traffic infraction under this chapter,  or  a  local  law,
    34  ordinance,  rule  or  regulation adopted pursuant to this chapter, other
    35  than a traffic infraction involving standing, stopping,  or  parking  or
    36  violations  by pedestrians or bicyclists[, or other than an adjudication
    37  of liability of an owner for a violation of subdivision (d)  of  section
    38  eleven  hundred eleven of this chapter in accordance with section eleven
    39  hundred eleven-a of this chapter,  or  other  than  an  adjudication  of
    40  liability  of  an  owner  for  a violation of subdivision (d) of section
    41  eleven hundred eleven of this chapter in accordance with section  eleven
    42  hundred  eleven-b  of  this  chapter,  or  other than an adjudication of
    43  liability of an owner for a violation  of  subdivision  (d)  of  section
    44  eleven  hundred eleven of this chapter in accordance with section eleven
    45  hundred eleven-d of this chapter, or other than an  infraction  pursuant
    46  to article nine of this chapter or other than an adjudication of liabil-
    47  ity  of an owner for a violation of toll collection regulations pursuant
    48  to section two thousand nine hundred eighty-five of the public  authori-
    49  ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
    50  hundred seventy-four of the laws of nineteen hundred fifty or other than
    51  an  adjudication  in  accordance with section eleven hundred eleven-c of
    52  this chapter for a violation of a bus lane  restriction  as  defined  in
    53  such section, or other than an adjudication of liability of an owner for
    54  a  violation  of subdivision (b), (c), (d), (f) or (g) of section eleven
    55  hundred eighty of this chapter in accordance with section eleven hundred
    56  eighty-b of this chapter, or other than an adjudication of liability  of

        A. 1145--A                         14

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

        A. 1145--A                         15

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

        A. 1145--A                         16

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

        A. 1145--A                         17
 
     1  levied a mandatory surcharge, in addition to any  sentence  required  or
     2  permitted by law, in the amount of seventeen dollars.
     3    §  8-e.  Subdivision 1 of section 1809 of the vehicle and traffic law,
     4  as separately amended by section 10-d of chapter 145 and section 9-d  of
     5  chapter 148 of the laws of 2019, is amended to read as follows:
     6    1.  Whenever  proceedings  in an administrative tribunal or a court of
     7  this state result in a conviction for a crime under this  chapter  or  a
     8  traffic  infraction  under  this chapter other than a traffic infraction
     9  involving standing, stopping, parking  or  motor  vehicle  equipment  or
    10  violations  by pedestrians or bicyclists[, or other than an adjudication
    11  of liability of an owner for a violation of subdivision (b),  (c),  (d),
    12  (f)  or  (g) of section eleven hundred eighty of this chapter in accord-
    13  ance with section eleven hundred eighty-d of this chapter, or other than
    14  an adjudication of liability of an owner for a violation of  subdivision
    15  (d)  of section eleven hundred eleven of this chapter in accordance with
    16  section eleven hundred eleven-d of this chapter, or other than an  adju-
    17  dication  of liability of an owner for a violation of subdivision (d) of
    18  section eleven hundred eleven of this chapter in accordance with section
    19  eleven hundred eleven-e of this chapter, or other than  an  adjudication
    20  of  liability  of  an  owner  for  a violation of section eleven hundred
    21  seventy-four of this chapter in accordance with section  eleven  hundred
    22  seventy-four-a  of  this  chapter,]  and except as otherwise provided by
    23  subdivision one-a of this section, there shall  be  levied  a  mandatory
    24  surcharge,  in addition to any sentence required or permitted by law, in
    25  the amount of seventeen dollars.
    26    § 8-f. Subdivision 1 of section 1809 of the vehicle and  traffic  law,
    27  as  separately amended by section 10-f of chapter 145 and section 9-f of
    28  chapter 148 of the laws of 2019, is amended to read as follows:
    29    1. Whenever proceedings in an administrative tribunal or  a  court  of
    30  this  state  result  in a conviction for a crime under this chapter or a
    31  traffic infraction under this chapter other than  a  traffic  infraction
    32  involving  standing,  stopping,  parking  or  motor vehicle equipment or
    33  violations by pedestrians or bicyclists[, or other than an  adjudication
    34  of  liability  of an owner for a violation of subdivision (b), (c), (d),
    35  (f) or (g) of section eleven hundred eighty of this chapter  in  accord-
    36  ance with section eleven hundred eighty-d of this chapter, or other than
    37  an  adjudication of liability of an owner for a violation of subdivision
    38  (d) of section eleven hundred eleven of this chapter in accordance  with
    39  section  eleven hundred eleven-e of this chapter, or other than an adju-
    40  dication of liability of an owner for  a  violation  of  section  eleven
    41  hundred  seventy-four  of this chapter in accordance with section eleven
    42  hundred  seventy-four-a  of  this  chapter,]  and  except  as  otherwise
    43  provided  by  subdivision one-a of this section, there shall be levied a
    44  mandatory surcharge, in addition to any sentence required  or  permitted
    45  by law, in the amount of seventeen dollars.
    46    §  8-g.  Subdivision 1 of section 1809 of the vehicle and traffic law,
    47  as separately amended by section 10-g of chapter 145 and section 9-g  of
    48  chapter 148 of the laws of 2019, is amended to read as follows:
    49    1.  Whenever  proceedings  in an administrative tribunal or a court of
    50  this state result in a conviction for a crime under this  chapter  or  a
    51  traffic  infraction  under  this chapter other than a traffic infraction
    52  involving standing, stopping, parking  or  motor  vehicle  equipment  or
    53  violations  by pedestrians or bicyclists[, or other than an adjudication
    54  of liability of an owner for a violation of subdivision (b), (d), (f) or
    55  (g) of section eleven hundred eighty of this chapter in accordance  with
    56  section  eleven hundred eighty-d of this chapter, or other than an adju-

        A. 1145--A                         18

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

        A. 1145--A                         19

     1  violation monitoring systems, in accordance with article twenty-nine  of
     2  this chapter.
     3    §  9-a.  Paragraph a of subdivision 1 of section 1809-e of the vehicle
     4  and traffic law is REPEALED and a new paragraph a is added  to  read  as
     5  follows:
     6    a. Notwithstanding any other provision of law, whenever proceedings in
     7  a  court  or  an  administrative  tribunal  of  this  state  result in a
     8  conviction for an offense under this chapter, except a conviction pursu-
     9  ant to section eleven hundred ninety-two of this chapter, or for a traf-
    10  fic infraction under this chapter, or a local law,  ordinance,  rule  or
    11  regulation  adopted  pursuant  to  this  chapter,  except: (i) a traffic
    12  infraction involving standing, stopping, or  parking  or  violations  by
    13  pedestrians  or  bicyclists; and (ii) an adjudication of liability of an
    14  owner for a violation of subdivision (d) of section eleven hundred elev-
    15  en of this chapter imposed pursuant to a local law or ordinance imposing
    16  monetary liability on the owner of a vehicle for failure of an  operator
    17  thereof to comply with traffic-control indications through the installa-
    18  tion  and operation of traffic-control signal photo violation-monitoring
    19  systems, in accordance with article twenty-four  of  this  chapter;  and
    20  (iii) an adjudication of liability of an owner for a violation of subdi-
    21  vision  (b),  (c),  (d),  (f) or (g) of section eleven hundred eighty of
    22  this chapter imposed pursuant to a demonstration program imposing  mone-
    23  tary  liability  on  the  owner  of a vehicle for failure of an operator
    24  thereof to comply with such posted  maximum  speed  limits  through  the
    25  installation  and operation of photo speed violation monitoring systems,
    26  in accordance with article thirty of this chapter; and (iv)  an  adjudi-
    27  cation of liability of an owner for a violation of bus lane restrictions
    28  as  defined by article twenty-four of this chapter imposed pursuant to a
    29  bus rapid transit program imposing monetary liability on the owner of  a
    30  vehicle  for failure of an operator thereof to comply with such bus lane
    31  restrictions through the installation and operation of  bus  lane  photo
    32  devices, in accordance with article twenty-four of this chapter; and (v)
    33  an  adjudication  of  liability  of  an  owner  for  a violation of toll
    34  collection regulations imposed by certain public authorities pursuant to
    35  the law authorizing such public authorities to impose monetary liability
    36  on the owner of a vehicle for failure of an operator thereof  to  comply
    37  with  toll collection regulations of such public authorities through the
    38  installation and operation of photo-monitoring  systems,  in  accordance
    39  with section two thousand nine hundred eighty-five of the public author-
    40  ities  law  or  sections  sixteen-a,  sixteen-b and sixteen-c of chapter
    41  seven hundred seventy-four of the laws of nineteen  hundred  fifty;  and
    42  (vi) an adjudication of liability of an owner for a violation of section
    43  eleven  hundred  seventy-four  of this chapter when meeting a school bus
    44  marked and equipped as provided in subdivisions twenty and  twenty-one-c
    45  of  section  three hundred seventy-five of this chapter imposed pursuant
    46  to a local law or ordinance imposing monetary liability on the owner  of
    47  a  vehicle  for failure of an operator thereof to comply with school bus
    48  red visual signals through the installation and operation of school  bus
    49  photo  violation  monitoring systems, in accordance with article twenty-
    50  nine of this chapter, there shall be levied in addition to any sentence,
    51  penalty or other surcharge required or permitted by law,  an  additional
    52  surcharge of twenty-eight dollars.
    53    §  10.  The  general  municipal law is amended by adding a new section
    54  371-a to read as follows:
    55    § 371-a. Additional jurisdiction and procedure related to the  adjudi-
    56  cation  of  certain  notices  of  liability. A traffic violations bureau

        A. 1145--A                         20
 
     1  established pursuant to  subdivision  one  and  a  traffic  and  parking
     2  violations  agency  established  pursuant  to subdivision two of section
     3  three hundred seventy-one of this article may be authorized  to  adjudi-
     4  cate,  in  accordance with the provisions of this article, the liability
     5  of owners: (a) for violations  of  subdivision  (d)  of  section  eleven
     6  hundred  eleven  of  the  vehicle  and traffic law imposed pursuant to a
     7  local law or ordinance imposing monetary liability on  the  owner  of  a
     8  vehicle  for  failure of an operator thereof to comply with traffic-con-
     9  trol indications through the installation and operation of  traffic-con-
    10  trol signal photo violation-monitoring systems, in accordance with arti-
    11  cle twenty-four of the vehicle and traffic law; or (b) for violations of
    12  section  eleven hundred seventy-four of the vehicle and traffic law when
    13  meeting a school bus marked and equipped  as  provided  in  subdivisions
    14  twenty  and  twenty-one-c  of  section three hundred seventy-five of the
    15  vehicle and traffic law imposed pursuant to a  local  law  or  ordinance
    16  imposing  monetary liability on the owner of a vehicle for failure of an
    17  operator thereof to comply with school bus red  visual  signals  through
    18  the  installation and operation of school bus photo violation monitoring
    19  systems, in accordance with article twenty-nine of the vehicle and traf-
    20  fic law.
    21    § 11. The vehicle and traffic law is amended by adding a  new  section
    22  1111-f to read as follows:
    23    §  1111-f.  Owner  liability  for  failure  of operator to comply with
    24  traffic-control indications. (a) 1. Notwithstanding any other  provision
    25  of  law,  the village of Pelham Manor is hereby authorized and empowered
    26  to adopt and amend a local law or ordinance establishing a demonstration
    27  program imposing monetary liability on the owner of a vehicle for  fail-
    28  ure of an operator thereof to comply with traffic-control indications in
    29  such  village  in  accordance  with the provisions of this section. Such
    30  demonstration program shall empower such village to install and  operate
    31  traffic-control  signal  photo  violation-monitoring  devices at no more
    32  than one intersection within and under the jurisdiction of such  village
    33  at any one time.
    34    2.  Such demonstration program shall utilize necessary technologies to
    35  ensure, to the extent practicable, that  photographs  produced  by  such
    36  traffic-control  signal  photo  violation-monitoring  systems  shall not
    37  include images that identify the driver, the passengers, or the contents
    38  of the vehicle. Provided, however, that no notice  of  liability  issued
    39  pursuant  to this section shall be dismissed solely because a photograph
    40  or photographs allow for the identification of the contents of  a  vehi-
    41  cle,  provided  that such village has made a reasonable effort to comply
    42  with the provisions of this paragraph.
    43    (b) In any such village which has adopted a  local  law  or  ordinance
    44  pursuant  to  subdivision  (a)  of  this section, the owner of a vehicle
    45  shall be liable for a penalty imposed pursuant to this section  if  such
    46  vehicle  was  used or operated with the permission of the owner, express
    47  or implied, in violation of subdivision (d) of  section  eleven  hundred
    48  eleven  of  this article, and such violation is evidenced by information
    49  obtained  from  a  traffic-control  signal  photo   violation-monitoring
    50  system;  provided however that no owner of a vehicle shall be liable for
    51  a penalty imposed pursuant to this section where the  operator  of  such
    52  vehicle  has  been  convicted of the underlying violation of subdivision
    53  (d) of section eleven hundred eleven of this article.
    54    (c) For purposes of this  section,  "owner"  shall  have  the  meaning
    55  provided in article two-B of this chapter. For purposes of this section,
    56  "traffic-control  signal photo violation-monitoring system" shall mean a

        A. 1145--A                         21
 
     1  vehicle sensor installed to work in conjunction with  a  traffic-control
     2  signal which automatically produces two or more photographs, two or more
     3  microphotographs,  a  videotape or other recorded images of each vehicle
     4  at  the  time  it is used or operated in violation of subdivision (d) of
     5  section eleven hundred eleven of this article.
     6    (d) A certificate, sworn to or affirmed by a  technician  employed  by
     7  the  village of Pelham Manor in which the charged violation occurred, or
     8  a facsimile thereof, based upon inspection of  photographs,  microphoto-
     9  graphs, videotape or other recorded images produced by a traffic-control
    10  signal  photo violation-monitoring system, shall be prima facie evidence
    11  of the facts contained  therein.    Any  photographs,  microphotographs,
    12  videotape  or other recorded images evidencing such a violation shall be
    13  available for inspection in any proceeding to adjudicate  the  liability
    14  for such violation pursuant to a local law or ordinance adopted pursuant
    15  to this section.
    16    (e)  An  owner  liable  for  a violation of subdivision (d) of section
    17  eleven hundred eleven of this article pursuant to a local law  or  ordi-
    18  nance  adopted  pursuant  to  this  section shall be liable for monetary
    19  penalties in accordance with a schedule of fines and penalties to be set
    20  forth in such local law or ordinance.  The liability of the owner pursu-
    21  ant to this section shall not exceed fifty dollars for  each  violation;
    22  provided,  however,  that such local law or ordinance may provide for an
    23  additional penalty  not  in  excess  of  twenty-five  dollars  for  each
    24  violation for the failure to respond to a notice of liability within the
    25  prescribed time period.
    26    (f)  An imposition of liability under a local law or ordinance adopted
    27  pursuant to this section shall not be deemed a conviction as an operator
    28  and shall not be made part of the operating record of  the  person  upon
    29  whom  such  liability  is  imposed  nor  shall  it be used for insurance
    30  purposes in the provision of motor vehicle insurance coverage.
    31    (g) 1. A notice of liability shall be sent by first class mail to each
    32  person alleged to be liable as an owner for a violation  of  subdivision
    33  (d)  of  section  eleven hundred eleven of this article pursuant to this
    34  section. Personal delivery on the owner shall not be required. A  manual
    35  or  automatic record of mailing prepared in the ordinary course of busi-
    36  ness shall be prima facie evidence of the facts 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  (d) of section eleven hundred eleven of this article  pursuant  to  this
    40  section,  the  registration  number  of  the  vehicle  involved  in such
    41  violation, the location where such violation took place,  the  date  and
    42  time of such violation and the identification number of the camera which
    43  recorded the violation or other document locator number.
    44    3.  The  notice  of  liability  shall contain information advising the
    45  person charged of the manner and the time in which he or she may contest
    46  the liability alleged in the notice. Such notice of liability shall also
    47  contain a warning to advise the persons charged that failure to  contest
    48  in  the manner and time provided shall be deemed an admission of liabil-
    49  ity and that a default judgment may be entered thereon.
    50    4. The notice of liability shall be prepared and mailed by the village
    51  of Pelham Manor or by any other entity authorized  by  such  village  to
    52  prepare and mail such notification of violation.
    53    (h)  Adjudication of the liability imposed upon owners by this section
    54  shall be by a traffic violations bureau established pursuant to  section
    55  three hundred seventy of the general municipal law or, if there be none,
    56  by the court having jurisdiction over traffic infractions.

        A. 1145--A                         22
 
     1    (i)  If  an  owner  receives  a  notice  of liability pursuant to this
     2  section for any time period during which the vehicle was reported to the
     3  police department as having been stolen, it shall be a valid defense  to
     4  an allegation of liability for a violation of subdivision (d) of section
     5  eleven  hundred eleven of this article pursuant to this section that the
     6  vehicle had been reported to the police as stolen prior to the time  the
     7  violation occurred and had not been recovered by such time. For purposes
     8  of asserting the defense provided by this subdivision it shall be suffi-
     9  cient  that  a certified copy of the police report on the stolen vehicle
    10  be sent by first class mail to the traffic violations  bureau  or  court
    11  having jurisdiction.
    12    (j) An owner who is a lessor of a vehicle to which a notice of liabil-
    13  ity  was issued pursuant to subdivision (g) of this section shall not be
    14  liable for the violation of subdivision (d) of  section  eleven  hundred
    15  eleven  of  this  article,  provided that he or she sends to the traffic
    16  violations bureau or court having jurisdiction a  copy  of  the  rental,
    17  lease  or other such contract document covering such vehicle on the date
    18  of the violation, with the name and address of the lessee clearly  legi-
    19  ble,  within thirty-seven days after receiving notice from the bureau or
    20  court of the date and time of such violation, together  with  the  other
    21  information  contained  in the original notice of liability.  Failure to
    22  send such information within such thirty-seven  day  time  period  shall
    23  render  the  owner  liable  for  the penalty prescribed by this section.
    24  Where the lessor complies with the provisions of this  subdivision,  the
    25  lessee  of such vehicle on the date of such violation shall be deemed to
    26  be the owner of such vehicle for purposes  of  this  section,  shall  be
    27  subject  to  liability  for  the violation of subdivision (d) of section
    28  eleven hundred eleven of this article pursuant to this section and shall
    29  be sent a notice of  liability  pursuant  to  subdivision  (g)  of  this
    30  section.
    31    (k)  1.  If  the  owner  liable  for a violation of subdivision (d) of
    32  section eleven hundred eleven of this article pursuant to  this  section
    33  was  not  the  operator of the vehicle at the time of the violation, the
    34  owner may maintain an action for indemnification against the operator.
    35    2. Notwithstanding any other provision of this section, no owner of  a
    36  vehicle  shall  be  subject  to a monetary fine imposed pursuant to this
    37  section if the operator of such vehicle was operating such vehicle with-
    38  out the consent of the owner at the time such operator failed to obey  a
    39  traffic-control indication. For purposes of this subdivision there shall
    40  be  a  presumption  that the operator of such vehicle was operating such
    41  vehicle with the consent of the owner at the time such  operator  failed
    42  to obey a traffic-control indication.
    43    (l)  Nothing in this section shall be construed to limit the liability
    44  of an operator of a vehicle for any  violation  of  subdivision  (d)  of
    45  section eleven hundred eleven of this article.
    46    (m) Any village that adopts a demonstration program pursuant to subdi-
    47  vision  (a)  of this section shall submit an annual report detailing the
    48  results of the use of such traffic-control signal photo  violation-moni-
    49  toring system to the governor, the temporary president of the senate and
    50  the  speaker  of  the  assembly  on or before the first day of June next
    51  succeeding the effective date of this section and on the  same  date  in
    52  each  succeeding  year  in  which the demonstration program is operable.
    53  Such report shall include, but not be limited to:
    54    1. a description of the locations where traffic-control  signal  photo
    55  violation-monitoring systems were used;

        A. 1145--A                         23
 
     1    2.  the  aggregate  number, type and severity of accidents reported at
     2  intersections where a traffic-control signal photo  violation-monitoring
     3  system  is  used  for the three years preceding the installation of such
     4  system, to the extent the information is maintained by the department of
     5  motor vehicles of this state;
     6    3.  the  aggregate  number, type and severity of accidents reported at
     7  intersections where a traffic-control signal photo  violation-monitoring
     8  system is used for the reporting year, as well as for each year that the
     9  traffic-control signal photo violation-monitoring system has been opera-
    10  tional, to the extent the information is maintained by the department of
    11  motor vehicles of this state;
    12    4.  the  number  of  events  and number of violations recorded at each
    13  intersection where a traffic-control signal  photo  violation-monitoring
    14  system  is  used  and  in  the  aggregate on a daily, weekly and monthly
    15  basis;
    16    5. the number of notices of liability issued for  violations  recorded
    17  by such system at each intersection where a traffic-control signal photo
    18  violation-monitoring system is used;
    19    6.  the  number  of fines imposed and total amount of fines paid after
    20  first notice of liability;
    21    7. the number and percentage of violations adjudicated and results  of
    22  such   adjudications  including  breakdowns  of  dispositions  made  for
    23  violations recorded by such systems which shall  be  provided  at  least
    24  annually to such village by the respective courts and bureaus conducting
    25  such adjudications;
    26    8.  the  total  amount  of  revenue realized by such village from such
    27  adjudications including a breakdown of revenue realized by such  village
    28  for  each  year  since  deployment  of  its traffic-control signal photo
    29  violation-monitoring system;
    30    9. expenses incurred by such village in connection with  the  program;
    31  and
    32    10. quality of the adjudication process and its results which shall be
    33  provided  at least annually to such village by the respective courts and
    34  bureaus conducting such adjudications.
    35    (n) It shall be a defense to any prosecution for a violation of subdi-
    36  vision (d) of section eleven hundred eleven of this article pursuant  to
    37  a  local  law  or  ordinance  adopted pursuant to this section that such
    38  traffic-control indications were  malfunctioning  at  the  time  of  the
    39  alleged violation.
    40    §  12.  Subdivision  2  of  section  87  of the public officers law is
    41  amended by adding a new paragraph (r) to read as follows:
    42    (r) are photographs, microphotographs,  videotape  or  other  recorded
    43  images  prepared  under  authority of section eleven hundred eleven-f of
    44  the vehicle and traffic law.
    45    § 13. The purchase or lease of equipment for a  demonstration  program
    46  established  pursuant  to  section 1111-f of the vehicle and traffic law
    47  shall be subject to the provisions of section 103 of the general munici-
    48  pal law.
    49    § 14. This act shall take effect immediately; provided,  however  that
    50  sections  eleven,  twelve  and thirteen of this act shall take effect on
    51  the thirtieth day after such sections shall have become a law and  shall
    52  expire  on  December 1, 2026, when upon such date the provisions of such
    53  sections shall be deemed repealed;  provided,  further,  that  any  such
    54  local law as may be enacted pursuant to section eleven of this act shall
    55  remain  in  full force and effect only until December 1, 2026; provided,
    56  further, that effective  immediately,  the  addition,  amendment  and/or

        A. 1145--A                         24
 
     1  repeal  of  any  rule  or regulation necessary for the implementation of
     2  this act on its effective date are authorized to be made  and  completed
     3  on or before such effective date; and provided further, that:
     4    (a)  the  amendments  to  the  opening  paragraph and paragraph (c) of
     5  subdivision 1 of section 1809 of the vehicle and  traffic  law  made  by
     6  section  eight  of  this  act  shall  not  affect the expiration of such
     7  section and shall be deemed to expire therewith, when upon such date the
     8  provisions of section eight-a of this act shall take effect;
     9    (b) the amendments to the  opening  paragraph  and  paragraph  (c)  of
    10  subdivision  1  of  section  1809 of the vehicle and traffic law made by
    11  section eight-a of this act shall not  affect  the  expiration  of  such
    12  section and shall be deemed to expire therewith, when upon such date the
    13  provisions of section eight-b of this act shall take effect;
    14    (c) the amendments to subdivision 1 of section 1809 of the vehicle and
    15  traffic  law  made  by  section eight-b of this act shall not affect the
    16  expiration of such section and shall be deemed to expire therewith, when
    17  upon such date the provisions of section eight-c of this act shall  take
    18  effect;
    19    (d) the amendments to subdivision 1 of section 1809 of the vehicle and
    20  traffic  law  made  by  section eight-c of this act shall not affect the
    21  expiration of such section and shall be deemed to expire therewith, when
    22  upon such date the provisions of section eight-d of this act shall  take
    23  effect;
    24    (e) the amendments to subdivision 1 of section 1809 of the vehicle and
    25  traffic  law  made  by  section eight-d of this act shall not affect the
    26  expiration of such section and shall be deemed to expire therewith, when
    27  upon such date the provisions of section eight-e of this act shall  take
    28  effect;
    29    (f) the amendments to subdivision 1 of section 1809 of the vehicle and
    30  traffic  law  made  by  section eight-e of this act shall not affect the
    31  expiration of such section and shall be deemed to expire therewith, when
    32  upon such date the provisions of section eight-f of this act shall  take
    33  effect;
    34    (g) the amendments to subdivision 1 of section 1809 of the vehicle and
    35  traffic  law  made  by  section eight-f of this act shall not affect the
    36  expiration of such section and shall be deemed to expire therewith, when
    37  upon such date the provisions of section eight-g of this act shall  take
    38  effect; and
    39    (h) the amendments to subdivision 1 of section 1809 of the vehicle and
    40  traffic  law  made  by  section eight-g of this act shall not affect the
    41  expiration of such section and shall be deemed to expire therewith, when
    42  upon such date the provisions of section eight-h of this act shall  take
    43  effect.
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