S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4393--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 22, 2009
                               ___________

Introduced  by  Sen.  DUANE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation  --  recom-
  mitted  to  the  Committee on Transportation in accordance with Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the vehicle and traffic law and the public officers law,
  in  relation  to  establishing  in  each city with a population of one
  million or more a  demonstration  program  to  enforce  maximum  speed
  limits  by  means  of speed limit photo devices; and providing for the
  repeal of such provisions upon expiration thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  1  of section 235 of the vehicle and traffic
law, as separately amended by sections 1 of chapters 20, 21, 22 and  383
of the laws of 2009, is amended to read as follows:
  1.  Notwithstanding any inconsistent provision of any general, special
or local law or administrative code to the contrary, in any  city  which
heretofore  or  hereafter  is  authorized to establish an administrative
tribunal to hear and determine complaints of traffic infractions consti-
tuting parking, standing or stopping violations, or  to  adjudicate  the
liability  of owners for violations of subdivision (d) of section eleven
hundred eleven of this chapter in accordance with section eleven hundred
eleven-a of this chapter, or to adjudicate the liability of  owners  for
violations  of  subdivision (d) of section eleven hundred eleven of this
chapter in accordance with section eleven hundred eleven-b of this chap-
ter as added by section sixteen of [the chapter] CHAPTERS TWENTY,  TWEN-
TY-ONE,  TWENTY-TWO  AND  THREE  HUNDRED EIGHTY-THREE of the laws of two
thousand nine [which amended this subdivision],  or  to  adjudicate  the
liability  of  owners  for  violations of toll collection regulations as
defined in and in accordance with the provisions of section two thousand
nine hundred eighty-five of the  public  authorities  law  and  sections

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04540-05-0
              

S. 4393--A                          2

sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
of  the  laws  of  nineteen hundred fifty, OR TO ADJUDICATE LIABILITY OF
OWNERS FOR VIOLATIONS OF SUBDIVISIONS (C)  AND  (D)  OF  SECTION  ELEVEN
HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
EIGHTY-B  OF  THIS  CHAPTER, such tribunal and the rules and regulations
pertaining thereto shall be constituted in substantial conformance  with
the following sections.
  S  1-a.  Section  235  of  the  vehicle and traffic law, as separately
amended by sections 2 of chapters 20, 21, 22 and  383  of  the  laws  of
2009, is amended to read as follows:
  S 235. Jurisdiction. Notwithstanding any inconsistent provision of any
general, special or local law or administrative code to the contrary, in
any  city  which  heretofore  or hereafter is authorized to establish an
administrative tribunal to hear  and  determine  complaints  of  traffic
infractions constituting parking, standing or stopping violations, or to
adjudicate  the liability of owners for violations of subdivision (d) of
section eleven hundred eleven of this chapter in accordance with section
eleven hundred eleven-a of this chapter, or to adjudicate the  liability
of  owners  for  violations of subdivision (d) of section eleven hundred
eleven of  this  chapter  in  accordance  with  section  eleven  hundred
eleven-b  of this chapter as added by [section] SECTIONS sixteen of [the
chapter] CHAPTERS  TWENTY,  TWENTY-ONE,  TWENTY-TWO  AND  THREE  HUNDRED
EIGHTY-THREE  of  the  laws  of  two  thousand  nine [which amended this
section], or to adjudicate the liability of  owners  for  violations  of
toll  collection  regulations  as  defined in and in accordance with the
provisions of section two  thousand  nine  hundred  eighty-five  of  the
public  authorities  law and sections sixteen-a, sixteen-b and sixteen-c
of chapter seven hundred seventy-four of the laws  of  nineteen  hundred
fifty,  OR  TO ADJUDICATE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVI-
SIONS (C) AND (D) OF SECTION ELEVEN HUNDRED EIGHTY OF  THIS  CHAPTER  IN
ACCORDANCE  WITH  SECTION  ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER, such
tribunal and the rules  and  regulations  pertaining  thereto  shall  be
constituted in substantial conformance with the following sections.
  S  1-b.  Section  235  of  the  vehicle and traffic law, as separately
amended by sections 3 of chapters 20, 21, 22 and  383  of  the  laws  of
2009, is amended to read as follows:
  S 235. Jurisdiction. Notwithstanding any inconsistent provision of any
general, special or local law or administrative code to the contrary, in
any  city  which  heretofore  or hereafter is authorized to establish an
administrative tribunal to hear  and  determine  complaints  of  traffic
infractions constituting parking, standing or stopping violations, or to
adjudicate  the liability of owners for violations of subdivision (d) of
section eleven hundred eleven of this chapter in accordance with section
eleven hundred eleven-b of this chapter as added by  [section]  SECTIONS
sixteen  of  [the  chapter]  CHAPTERS TWENTY, TWENTY-ONE, TWENTY-TWO AND
THREE HUNDRED EIGHTY-THREE of the  laws  of  two  thousand  nine  [which
amended  this  section],  or  to  adjudicate the liability of owners for
violations of toll collection regulations as defined in and  in  accord-
ance  with  the  provisions of section two thousand nine hundred eighty-
five of the public authorities law and sections sixteen-a, sixteen-b and
sixteen-c of chapter seven hundred seventy-four of the laws of  nineteen
hundred  fifty,  OR  TO ADJUDICATE LIABILITY OF OWNERS FOR VIOLATIONS OF
SUBDIVISIONS (C) AND (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS  CHAP-
TER  IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER,
such tribunal and the rules and regulations pertaining thereto shall  be
constituted in substantial conformance with the following sections.

S. 4393--A                          3

  S  1-c.  Section  235  of  the  vehicle and traffic law, as separately
amended by chapter 715 of the laws of 1972 and chapter 379 of  the  laws
of 1992, is amended to read as follows:
  S 235. Jurisdiction. Notwithstanding any inconsistent provision of any
general, special or local law or administrative code to the contrary, in
any  city  which  heretofore  or hereafter is authorized to establish an
administrative tribunal to hear  and  determine  complaints  of  traffic
infractions constituting parking, standing or stopping violations, or to
adjudicate  the  liability  of  owners for violations of toll collection
regulations as defined in and  in  accordance  with  the  provisions  of
section  two thousand nine hundred eighty-five of the public authorities
law and sections sixteen-a, sixteen-b and  sixteen-c  of  chapter  seven
hundred  seventy-four of the laws of nineteen hundred fifty, OR TO ADJU-
DICATE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISIONS (C) AND (D) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION
ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER, such tribunal and the rules and
regulations pertaining  thereto  shall  be  constituted  in  substantial
conformance with the following sections.
  S  2.  Subdivision 1 of section 236 of the vehicle and traffic law, as
separately amended by sections 4 of chapters 20, 21, 22 and 383  of  the
laws of 2009, is amended to read as follows:
  1.  Creation. In any city as hereinbefore or hereafter authorized such
tribunal when created shall be known as the  parking  violations  bureau
and  shall  have  jurisdiction of traffic infractions which constitute a
parking violation and, where authorized by local law adopted pursuant to
subdivision (a) of section eleven hundred eleven-a of  this  chapter  or
subdivision  (a)  of  section eleven hundred eleven-b of this chapter as
added by [section] SECTIONS sixteen of [the  chapter]  CHAPTERS  TWENTY,
TWENTY-ONE, TWENTY-TWO AND THREE HUNDRED EIGHTY-THREE of the laws of two
thousand  nine  [which  amended  this subdivision], shall adjudicate the
liability of owners for violations of subdivision (d) of section  eleven
hundred  eleven  of  this chapter in accordance with such section eleven
hundred eleven-a or such section eleven hundred  eleven-b  as  added  by
[section] SECTIONS sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE,
TWENTY-TWO  AND  THREE  HUNDRED EIGHTY-THREE of the laws of two thousand
nine [which amended this subdivision] and shall adjudicate the liability
of owners for violations of toll collection regulations  as  defined  in
and  in  accordance  with  the  provisions  of section two thousand nine
hundred  eighty-five  of  the  public  authorities  law   and   sections
sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
of the laws of nineteen hundred fifty, AND SHALL ADJUDICATE LIABILITY OF
OWNERS  FOR  VIOLATIONS  OF  SUBDIVISIONS  (C) AND (D) OF SECTION ELEVEN
HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
EIGHTY-B OF THIS CHAPTER.  Such tribunal, except in a city with a  popu-
lation of one million or more, shall also have jurisdiction of abandoned
vehicle  violations.  For  the  purposes  of  this  article,  a  parking
violation is the violation of any law, rule or regulation providing  for
or  regulating  the parking, stopping or standing of a vehicle. In addi-
tion for purposes of this article, "commissioner" shall mean and include
the commissioner of traffic  of  the  city  or  an  official  possessing
authority as such a commissioner.
  S 2-a. Subdivision 1 of section 236 of the vehicle and traffic law, as
separately  amended  by sections 5 of chapters 20, 21, 22 and 383 of the
laws of 2009, is amended to read as follows:
  1. Creation. In any city as hereinbefore or hereafter authorized  such
tribunal  when  created  shall be known as the parking violations bureau

S. 4393--A                          4

and shall have jurisdiction of traffic infractions  which  constitute  a
parking violation and, where authorized by local law adopted pursuant to
subdivision  (a)  of  section eleven hundred eleven-b of this chapter as
added  by  [section]  SECTIONS sixteen of [the chapter] CHAPTERS TWENTY,
TWENTY-ONE, TWENTY-TWO AND THREE HUNDRED EIGHTY-THREE of the laws of two
thousand nine [which amended this  subdivision],  shall  adjudicate  the
liability  of owners for violations of subdivision (d) of section eleven
hundred eleven of this chapter in accordance with  such  section  eleven
hundred eleven-b as added by [section] SECTIONS sixteen of [the chapter]
CHAPTERS  TWENTY,  TWENTY-ONE, TWENTY-TWO AND THREE HUNDRED EIGHTY-THREE
of the laws of two thousand nine which  amended  this  subdivision,  AND
SHALL  ADJUDICATE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISIONS (C)
AND (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER  IN  ACCORDANCE
WITH  SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER.  For the purposes
of this article, a parking violation is the violation of any  law,  rule
or  regulation  providing  for  or  regulating  the parking, stopping or
standing of a  vehicle.  In  addition  for  purposes  of  this  article,
"commissioner" shall mean and include the commissioner of traffic of the
city or an official possessing authority as such a commissioner.
  S 2-b. Subdivision 1 of section 236 of the vehicle and traffic law, as
added by chapter 715 of the laws of 1972, is amended to read as follows:
  1.  Creation. In any city as hereinbefore or hereafter authorized such
tribunal when created shall be known as the  parking  violations  bureau
and  shall  have  jurisdiction of traffic infractions which constitute a
parking  violation,  AND  SHALL  ADJUDICATE  LIABILITY  OF  OWNERS   FOR
VIOLATIONS  OF SUBDIVISIONS (C) AND (D) OF SECTION ELEVEN HUNDRED EIGHTY
OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN  HUNDRED  EIGHTY-B  OF
THIS  CHAPTER.  For the purposes of this article, a parking violation is
the violation of any law, rule or regulation providing for or regulating
the parking, stopping or standing of a vehicle. In addition for purposes
of this article, "commissioner" shall mean and include the  commissioner
of  traffic  of  the  city or an official possessing authority as such a
commissioner.
  S 3. Subdivision 11 of section 237 of the vehicle and traffic law,  as
added by chapter 379 of the laws of 1992, is amended to read as follows:
  11.  To  adjudicate  the  liability  of  owners for violations of toll
collection  regulations  as  defined  in  and  in  accordance  with  the
provisions  of  section  two  thousand  nine  hundred eighty-five of the
public authorities law and sections sixteen-a, sixteen-b  and  sixteen-c
of  chapter  seven  hundred seventy-four of the laws of nineteen hundred
fifty[.];
  S 4. Section 237 of the vehicle and traffic law is amended by adding a
new subdivision 12 to read as follows:
  12. TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS  OF  SUBDIVI-
SIONS  (C)  AND  (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER.
  S 5. Paragraph f of subdivision 1 of section 239 of  the  vehicle  and
traffic  law, as separately amended by sections 8 of chapters 20, 21, 22
and 383 of the laws of 2009, is amended to read as follows:
  f. "Notice of violation" means a notice of  violation  as  defined  in
subdivision  nine  of  section two hundred thirty-seven of this article,
but shall not be deemed to include a notice of liability issued pursuant
to authorization set forth in section eleven hundred  eleven-a  of  this
chapter  or  section eleven hundred eleven-b of this chapter as added by
[section] SECTIONS sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE,
TWENTY-TWO AND THREE HUNDRED EIGHTY-THREE of the laws  of  two  thousand

S. 4393--A                          5

nine  [which amended this paragraph], and shall not be deemed to include
a notice of liability issued  pursuant  to  section  two  thousand  nine
hundred   eighty-five   of  the  public  authorities  law  and  sections
sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
of the laws of nineteen hundred fifty AND SHALL NOT BE DEEMED TO INCLUDE
A  NOTICE  OF  LIABILITY  PURSUANT TO SECTION ELEVEN HUNDRED EIGHTY-B OF
THIS CHAPTER.
  S 5-a. Paragraph f of subdivision 1 of section 239 of the vehicle  and
traffic  law, as separately amended by sections 9 of chapters 20, 21, 22
and 383 of the laws of 2009, is amended to read as follows:
  f. "Notice of violation" means a notice of  violation  as  defined  in
subdivision nine of section two hundred thirty-seven of this article but
shall  not be deemed to include a notice of liability issued pursuant to
authorization set forth in section eleven hundred eleven-b of this chap-
ter as added by [section] SECTIONS sixteen  of  [the  chapter]  CHAPTERS
TWENTY,  TWENTY-ONE,  TWENTY-TWO  AND  THREE HUNDRED EIGHTY-THREE of the
laws of two thousand nine [which amended this paragraph] AND  SHALL  NOT
BE  DEEMED  TO  INCLUDE A NOTICE OF LIABILITY PURSUANT TO SECTION ELEVEN
HUNDRED EIGHTY-B OF THIS CHAPTER.
  S 5-b. Paragraph f of subdivision 1 of section 239 of the vehicle  and
traffic  law, as added by chapter 180 of the laws of 1980, is amended to
read as follows:
  f. "Notice of violation" means a notice of  violation  as  defined  in
subdivision nine of section two hundred thirty-seven of this article AND
SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY PURSUANT TO SECTION
ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER.
  S  6.  Subdivision 4 of section 239 of the vehicle and traffic law, as
amended by chapter 379 of the laws  of  1992,  is  amended  to  read  as
follows:
  4. Applicability. The provisions of paragraph b of subdivision two and
subdivision  three  of  this section shall not be applicable to determi-
nations of owner liability for the failure of an operator to comply with
subdivision (d) of section eleven hundred eleven  of  this  chapter  and
shall  not  be  applicable  to determinations of owner liability imposed
pursuant to section two thousand nine hundred eighty-five of the  public
authorities law and sections sixteen-a, sixteen-b and sixteen-c of chap-
ter seven hundred seventy-four of the laws of nineteen hundred fifty AND
SHALL  NOT  BE  APPLICABLE  TO  DETERMINATIONS  OF  OWNER  LIABILITY FOR
VIOLATIONS OF SUBDIVISIONS (C) AND (D) OF SECTION ELEVEN HUNDRED  EIGHTY
OF THIS CHAPTER.
  S 6-a. Section 239 of the vehicle and traffic law is amended by adding
a new subdivision 4 to read as follows:
  4. APPLICABILITY. THE PROVISIONS OF PARAGRAPH B OF SUBDIVISION TWO AND
SUBDIVISION  THREE  OF  THIS SECTION SHALL NOT BE APPLICABLE TO DETERMI-
NATIONS OF OWNER LIABILITY FOR VIOLATIONS OF SUBDIVISIONS (C) AND (D) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER.
  S 7. Subdivision 1 of section 240 of the vehicle and traffic  law,  as
separately  amended by sections 10 of chapters 20, 21, 22 and 383 of the
laws of 2009, is amended to read as follows:
  1. Notice of  hearing.  Whenever  a  person  charged  with  a  parking
violation  enters  a plea of not guilty or a person alleged to be liable
in accordance with section eleven hundred eleven-a of  this  chapter  or
section  eleven  hundred  eleven-b of this chapter as added by [section]
SECTIONS  sixteen  of  [the  chapter]   CHAPTERS   TWENTY,   TWENTY-ONE,
TWENTY-TWO  AND  THREE  HUNDRED EIGHTY-THREE of the laws of two thousand
nine [which amended this paragraph  subdivision],  for  a  violation  of

S. 4393--A                          6

subdivision  (d)  of  section  eleven  hundred  eleven  of  this chapter
contests such allegation, or a person alleged to be liable in accordance
with the provisions of section two thousand nine hundred eighty-five  of
the   public  authorities  law  or  sections  sixteen-a,  sixteen-b  and
sixteen-c of chapter seven hundred seventy-four of the laws of  nineteen
hundred  fifty,  OR A PERSON ALLEGED TO BE LIABLE IN ACCORDANCE WITH THE
PROVISIONS OF SECTION ELEVEN HUNDRED EIGHTY-B  OF  THIS  CHAPTER  FOR  A
VIOLATION  OF SUBDIVISION (C) OR (D) OF SECTION ELEVEN HUNDRED EIGHTY OF
THIS CHAPTER CONTESTS SUCH ALLEGATION,  the  bureau  shall  advise  such
person  personally  by such form of first class mail as the director may
direct of the date on which he or she must appear to answer  the  charge
at  a  hearing.  The form and content of such notice of hearing shall be
prescribed by the director, and shall contain a warning  to  advise  the
person  so  pleading  or  contesting  that failure to appear on the date
designated, or on any subsequent adjourned  date,  shall  be  deemed  an
admission of liability, and that a default judgment may be entered ther-
eon.
  S 7-a. Subdivision 1 of section 240 of the vehicle and traffic law, as
separately  amended by sections 11 of chapters 20, 21, 22 and 383 of the
laws of 2009, is amended to read as follows:
  1. Notice of  hearing.  Whenever  a  person  charged  with  a  parking
violation  enters  a plea of not guilty or a person alleged to be liable
in accordance with section eleven hundred eleven-b of  this  chapter  as
added  by  [section]  SECTIONS sixteen of [the chapter] CHAPTERS TWENTY,
TWENTY-ONE, TWENTY-TWO AND THREE HUNDRED EIGHTY-THREE of the laws of two
thousand nine [which amended this subdivision] for a violation of subdi-
vision (d) of section eleven hundred eleven  of  this  chapter  contests
such allegation, OR A PERSON ALLEGED TO BE LIABLE IN ACCORDANCE WITH THE
PROVISIONS  OF  SECTION  ELEVEN  HUNDRED  EIGHTY-B OF THIS CHAPTER FOR A
VIOLATION OF SUBDIVISION (C) OR (D) OF SECTION ELEVEN HUNDRED EIGHTY  OF
THIS  CHAPTER  CONTESTS  SUCH  ALLEGATION,  the bureau shall advise such
person personally by such form of first class mail as the  director  may
direct  of  the date on which he or she must appear to answer the charge
at a hearing. The form and content of such notice of  hearing  shall  be
prescribed  by  the  director, and shall contain a warning to advise the
person so pleading or contesting that failure  to  appear  on  the  date
designated,  or  on  any  subsequent  adjourned date, shall be deemed an
admission of liability, and that a default judgment may be entered ther-
eon.
  S 7-b. Subdivision 1 of section 240 of the vehicle and traffic law, as
added by chapter 715 of the laws of 1972, is amended to read as follows:
  1. Notice of  hearing.  Whenever  a  person  charged  with  a  parking
violation  enters a plea of not guilty, OR A PERSON ALLEGED TO BE LIABLE
IN ACCORDANCE WITH THE PROVISIONS OF SECTION ELEVEN HUNDRED EIGHTY-B  OF
THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (C) OR (D) OF SECTION ELEVEN
HUNDRED  EIGHTY  OF  THIS  CHAPTER  CONTESTS SUCH ALLEGATION, the bureau
shall advise such person personally by such form of first class mail  as
the  director  may  direct of the date on which he must appear to answer
the charge at a hearing. The form and content of such notice of  hearing
shall  be  prescribed  by  the  director, and shall contain a warning to
advise the person so pleading that failure to appear on the date  desig-
nated, or on any subsequent adjourned date, shall be deemed an admission
of liability, and that a default judgment may be entered thereon.
  S 8. Subdivision 1-a of section 240 of the vehicle and traffic law, as
separately  amended by sections 10 of chapters 20, 21, 22 and 383 of the
laws of 2009, is amended to read as follows:

S. 4393--A                          7

  1-a. Fines and penalties. Whenever a  plea  of  not  guilty  has  been
entered, or the bureau has been notified that an allegation of liability
in  accordance  with  section eleven hundred eleven-a of this chapter or
section eleven hundred eleven-b of this chapter as  added  by  [section]
SECTIONS   sixteen   of   [the  chapter]  CHAPTERS  TWENTY,  TWENTY-ONE,
TWENTY-TWO AND THREE HUNDRED EIGHTY-THREE of the laws  of  two  thousand
nine  [which  amended this subdivision] or an allegation of liability in
accordance with section two thousand nine  hundred  eighty-five  of  the
public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
chapter seven hundred seventy-four of the laws of nineteen hundred fifty
OR  AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
EIGHTY-B OF THIS CHAPTER, is being contested, by a person  in  a  timely
fashion and a hearing upon the merits has been demanded, but has not yet
been  held,  the bureau shall not issue any notice of fine or penalty to
that person prior to the date of the hearing.
  S 8-a. Subdivision 1-a of section 240 of the vehicle and traffic  law,
as  separately  amended by sections 11 of chapters 20, 21, 22 and 383 of
the laws of 2009, is amended to read as follows:
  1-a. Fines and penalties. Whenever a  plea  of  not  guilty  has  been
entered, or the bureau has been notified that an allegation of liability
in  accordance  with section eleven hundred eleven-b of this chapter, as
added by [section] SECTIONS sixteen of [the  chapter]  CHAPTERS  TWENTY,
TWENTY-ONE, TWENTY-TWO AND THREE HUNDRED EIGHTY-THREE of the laws of two
thousand  nine which amended this subdivision, is being contested, OR AN
ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT-
Y-B OF THIS CHAPTER, by a person in a timely fashion and a hearing  upon
the  merits  has  been  demanded,  but has not yet been held, the bureau
shall not issue any notice of fine or penalty to that  person  prior  to
the date of the hearing.
  S  8-b. Subdivision 1-a of section 240 of the vehicle and traffic law,
as added by chapter 365 of the laws of  1978,  is  amended  to  read  as
follows:
  1-a.  Fines  and  penalties.  Whenever  a  plea of not guilty has been
entered, OR THE BUREAU HAS BEEN NOTIFIED THAT AN ALLEGATION OF LIABILITY
IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS  CHAPTER,  IS
BEING  CONTESTED, by a person in a timely fashion and a hearing upon the
merits has been demanded, but has not yet been held,  the  bureau  shall
not issue any notice of fine or penalty to that person prior to the date
of the hearing.
  S 9. Paragraphs a and g of subdivision 2 of section 240 of the vehicle
and  traffic  law,  as separately amended by sections 10 of chapters 20,
21, 22 and 383 of the laws of 2009, are amended to read as follows:
  a. Every hearing for the adjudication of a charge of parking violation
or an allegation of liability in accordance with section eleven  hundred
eleven-a  of  this  chapter or in accordance with section eleven hundred
eleven-b of this chapter as added by [section] SECTIONS sixteen of  [the
chapter]  CHAPTERS  TWENTY,  TWENTY-ONE,  TWENTY-TWO  AND  THREE HUNDRED
EIGHTY-THREE of the laws of two thousand nine [which amended this  para-
graph]  or  an  allegation  of  liability in accordance with section two
thousand nine hundred eighty-five  of  the  public  authorities  law  or
sections  sixteen-a,  sixteen-b  and  sixteen-c of chapter seven hundred
seventy-four of the laws of nineteen hundred fifty OR AN  ALLEGATION  OF
LIABILITY  IN  ACCORDANCE  WITH  SECTION ELEVEN HUNDRED EIGHTY-B OF THIS
CHAPTER shall be held before a hearing examiner in accordance with rules
and regulations promulgated by the bureau.

S. 4393--A                          8

  g. A record shall be made of a hearing on a plea of not guilty or of a
hearing at which liability in accordance  with  section  eleven  hundred
eleven-a  of  this  chapter or in accordance with section eleven hundred
eleven-b of this chapter as added by [section] SECTIONS sixteen of  [the
chapter]  CHAPTERS  TWENTY,  TWENTY-ONE,  TWENTY-TWO  AND  THREE HUNDRED
EIGHTY-THREE of the laws of two thousand nine [which amended this  para-
graph]  is  contested  or  of a hearing at which liability in accordance
with section two thousand nine hundred eighty-five of the public author-
ities law or sections sixteen-a,  sixteen-b  and  sixteen-c  of  chapter
seven  hundred  seventy-four  of the laws of nineteen hundred fifty OR A
HEARING AT WHICH LIABILITY IN ACCORDANCE  WITH  SECTION  ELEVEN  HUNDRED
EIGHTY-B OF THIS CHAPTER is contested. Recording devices may be used for
the making of the record.
  S 9-a. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
cle  and  traffic  law, as separately amended by sections 11 of chapters
20, 21, 22 and 383 of the laws of 2009, are amended to read as follows:
  a. Every hearing for the adjudication of a charge of parking violation
or an allegation of liability in accordance with section eleven  hundred
eleven-b of this chapter, as added by [section] SECTIONS sixteen of [the
chapter]  CHAPTERS  TWENTY,  TWENTY-ONE,  TWENTY-TWO  AND  THREE HUNDRED
EIGHTY-THREE of the laws of two thousand nine [which amended this  para-
graph]  OR  AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED EIGHTY-B OF THIS CHAPTER shall be held before a hearing examiner
in accordance with rules and regulations promulgated by the bureau.
  g. A record shall be made of a hearing on a plea of not guilty or of a
hearing at which liability in accordance  with  section  eleven  hundred
eleven-b of this chapter, as added by [section] SECTIONS sixteen of [the
chapter]  CHAPTERS  TWENTY,  TWENTY-ONE,  TWENTY-TWO  AND  THREE HUNDRED
EIGHTY-THREE of the laws of two thousand nine [which amended this  para-
graph] OR A HEARING AT WHICH LIABILITY IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED EIGHTY-B OF THIS CHAPTER IS CONTESTED.  Recording devices may be
used for the making of the record.
  S 9-b. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
cle  and  traffic  law, as added by chapter 715 of the laws of 1972, are
amended to read as follows:
  a. Every hearing for the adjudication of a charge of parking violation
OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN  HUNDRED
EIGHTY-B  OF  THIS  CHAPTER  shall  be held before a hearing examiner in
accordance with rules and regulations promulgated by the bureau.
  g. A record shall be made of a hearing on a plea of not  guilty  OR  A
HEARING  AT  WHICH  LIABILITY  IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
EIGHTY-B OF THIS CHAPTER IS CONTESTED.   Recording devices may  be  used
for the making of the record.
  S  10.  Subdivisions 1 and 2 of section 241 of the vehicle and traffic
law, as separately amended by sections 12 of chapters 20, 21, 22 and 383
of the laws of 2009, are amended to read as follows:
  1. The hearing examiner shall make a  determination  on  the  charges,
either  sustaining or dismissing them. Where the hearing examiner deter-
mines that the charges have been sustained he or she may examine  either
the  prior  parking  violations  record  or  the  record  of liabilities
incurred in accordance with section  eleven  hundred  eleven-a  of  this
chapter  or  in  accordance with section eleven hundred eleven-b of this
chapter as added by [section] SECTIONS sixteen of [the chapter] CHAPTERS
TWENTY, TWENTY-ONE, TWENTY-TWO AND THREE  HUNDRED  EIGHTY-THREE  of  the
laws of two thousand nine [which amended this subdivision] or the record
of  liabilities  incurred  in  accordance with section two thousand nine

S. 4393--A                          9

hundred eighty-five of the public authorities law or sections sixteen-a,
sixteen-b and sixteen-c of chapter seven  hundred  seventy-four  of  the
laws  of  nineteen  hundred fifty of the person charged OR THE RECORD OF
LIABILITIES  INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B
OF THIS CHAPTER, as applicable prior to rendering a final determination.
Final determinations sustaining or dismissing charges shall  be  entered
on  a  final  determination  roll maintained by the bureau together with
records showing payment and nonpayment of penalties.
  2. Where an operator or owner fails to enter a plea to a charge  of  a
parking  violation  or  contest an allegation of liability in accordance
with section eleven hundred eleven-a of this chapter  or  in  accordance
with  section  eleven  hundred  eleven-b  of  this  chapter  as added by
[section] SECTIONS sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE,
TWENTY-TWO AND THREE HUNDRED EIGHTY-THREE of the laws  of  two  thousand
nine  [which amended this subdivision] or fails to contest an allegation
of liability in accordance with section two thousand nine hundred eight-
y-five of the public authorities law or  sections  sixteen-a,  sixteen-b
and sixteen-c of chapter seven hundred seventy-four of the laws of nine-
teen  hundred  fifty  OR  FAILS TO CONTEST AN ALLEGATION OF LIABILITY IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED  EIGHTY-B  OF  THIS  CHAPTER,  or
fails  to  appear  on  a designated hearing date or subsequent adjourned
date or fails after a hearing to comply  with  the  determination  of  a
hearing examiner, as prescribed by this article or by rule or regulation
of  the bureau, such failure to plead or contest, appear or comply shall
be deemed, for all purposes, an admission  of  liability  and  shall  be
grounds  for  rendering  and  entering  a  default judgment in an amount
provided by the rules and regulations of the bureau. However, after  the
expiration  of  the  original  date  prescribed  for entering a plea and
before a default judgment may be rendered, in such case the bureau shall
pursuant to the applicable provisions of law  notify  such  operator  or
owner,  by  such  form of first class mail as the commission may direct;
(1) of the violation charged, or liability in  accordance  with  section
eleven  hundred  eleven-a  of this chapter or in accordance with section
eleven hundred eleven-b of this chapter as added by  [section]  SECTIONS
sixteen  of  [the  chapter]  CHAPTERS TWENTY, TWENTY-ONE, TWENTY-TWO AND
THREE HUNDRED EIGHTY-THREE of the  laws  of  two  thousand  nine  [which
amended  this  subdivision]  alleged  or  liability  in  accordance with
section two thousand nine hundred eighty-five of the public  authorities
law  or  sections  sixteen-a,  sixteen-b  and sixteen-c of chapter seven
hundred seventy-four of the laws of nineteen hundred  fifty  alleged  OR
LIABILITY  IN  ACCORDANCE  WITH  SECTION ELEVEN HUNDRED EIGHTY-B OF THIS
CHAPTER ALLEGED, (2) of the impending default judgment,  (3)  that  such
judgment  will  be  entered  in the Civil Court of the city in which the
bureau has been established, or other court of civil jurisdiction or any
other place provided for the entry of civil judgments within  the  state
of New York, and (4) that a default may be avoided by entering a plea or
contesting  an allegation of liability in accordance with section eleven
hundred eleven-a of this chapter or in accordance  with  section  eleven
hundred  eleven-b of this chapter as added by [section] SECTIONS sixteen
of [the chapter]  CHAPTERS  TWENTY,  TWENTY-ONE,  TWENTY-TWO  AND  THREE
HUNDRED  EIGHTY-THREE  of  the  laws of two thousand nine [which amended
this subdivision] or contesting an allegation of liability in accordance
with section two thousand nine hundred eighty-five of the public author-
ities law or sections sixteen-a,  sixteen-b  and  sixteen-c  of  chapter
seven  hundred  seventy-four  of  the  laws of nineteen hundred fifty OR
CONTESTING AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION  ELEVEN

S. 4393--A                         10

HUNDRED  EIGHTY-B  OF THIS CHAPTER, as appropriate, or making an appear-
ance within thirty days of the sending of such notice. Pleas entered and
allegations  contested  within  that  period  shall  be  in  the  manner
prescribed  in  the notice and not subject to additional penalty or fee.
Such notice of impending default judgment shall not be required prior to
the rendering and entry thereof in the case of operators or  owners  who
are  non-residents  of the state of New York. In no case shall a default
judgment be rendered or, where required, a notice of  impending  default
judgment  be  sent, more than two years after the expiration of the time
prescribed for entering a plea  or  contesting  an  allegation.  When  a
person  has  demanded a hearing, no fine or penalty shall be imposed for
any reason, prior to the holding of the hearing. If the hearing examiner
shall make a determination on the charges, sustaining them,  he  OR  SHE
shall impose no greater penalty or fine than those upon which the person
was originally charged.
  S 10-a. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
law, as separately amended by sections 13 of chapters 20, 21, 22 and 383
of the laws of 2009, are amended to read as follows:
  1.  The  hearing  examiner  shall make a determination on the charges,
either sustaining or dismissing them. Where the hearing examiner  deter-
mines  that the charges have been sustained he or she may examine either
the prior  parking  violations  record  or  the  record  of  liabilities
incurred  in  accordance  with  section  eleven hundred eleven-b of this
chapter as added by [section] SECTIONS sixteen of [the chapter] CHAPTERS
TWENTY, TWENTY-ONE, TWENTY-TWO AND THREE  HUNDRED  EIGHTY-THREE  of  the
laws of two thousand nine [which amended this subdivision] of the person
charged,  OR  THE  RECORD  OF  LIABILITIES  INCURRED  IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER, as applicable prior  to
rendering  a  final  determination.  Final  determinations sustaining or
dismissing charges shall be entered on a final determination roll  main-
tained  by  the bureau together with records showing payment and nonpay-
ment of penalties.
  2. Where an operator or owner fails to enter a plea to a charge  of  a
parking  violation  or  contest an allegation of liability in accordance
with section eleven  hundred  eleven-b  of  this  chapter  as  added  by
[section] SECTIONS sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE,
TWENTY-TWO  AND  THREE  HUNDRED EIGHTY-THREE of the laws of two thousand
nine [which amended this subdivision], OR FAILS TO CONTEST AN ALLEGATION
OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B OF  THIS
CHAPTER,  or  fails to appear on a designated hearing date or subsequent
adjourned date or fails after a hearing to comply with the determination
of a hearing examiner, as prescribed by this article or by rule or regu-
lation of the bureau, such failure to plead, contest, appear  or  comply
shall  be  deemed, for all purposes, an admission of liability and shall
be grounds for rendering and entering a default judgment  in  an  amount
provided  by the rules and regulations of the bureau. However, after the
expiration of the original date  prescribed  for  entering  a  plea  and
before a default judgment may be rendered, in such case the bureau shall
pursuant  to  the  applicable  provisions of law notify such operator or
owner, by such form of first class mail as the  commission  may  direct;
(1)  of  the  violation charged, or liability in accordance with section
eleven hundred eleven-b of this chapter, as added by [section]  SECTIONS
sixteen  of  [the  chapter]  CHAPTERS TWENTY, TWENTY-ONE, TWENTY-TWO AND
THREE HUNDRED EIGHTY-THREE of the  laws  of  two  thousand  nine  [which
amended  this  subdivision],  alleged,  OR  LIABILITY IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED EIGHTY-B OF THIS  CHAPTER  ALLEGED,  (2)  of  the

S. 4393--A                         11

impending  default  judgment,  (3) that such judgment will be entered in
the Civil Court of the city in which the bureau has been established, or
other court of civil jurisdiction or any other place  provided  for  the
entry  of  civil  judgments within the state of New York, and (4) that a
default may be avoided by entering a plea or contesting an allegation of
liability in accordance with section eleven  hundred  eleven-b  of  this
chapter as added by [section] SECTIONS sixteen of [the chapter] CHAPTERS
TWENTY,  TWENTY-ONE,  TWENTY-TWO  AND  THREE HUNDRED EIGHTY-THREE of the
laws of two thousand nine [which amended this subdivision] OR CONTESTING
AN ALLEGATION OF LIABILITY IN ACCORDANCE  WITH  SECTION  ELEVEN  HUNDRED
EIGHTY-B OF THIS CHAPTER, as appropriate, or making an appearance within
thirty days of the sending of such notice. Pleas entered and allegations
contested  within  that  period shall be in the manner prescribed in the
notice and not subject to additional penalty  or  fee.  Such  notice  of
impending  default judgment shall not be required prior to the rendering
and entry thereof in the case of operators or owners who  are  non-resi-
dents  of  the state of New York. In no case shall a default judgment be
rendered or, where required, a notice of impending default  judgment  be
sent,  more  than  two years after the expiration of the time prescribed
for entering a plea or contesting  an  allegation.  When  a  person  has
demanded  a hearing, no fine or penalty shall be imposed for any reason,
prior to the holding of the hearing. If the hearing examiner shall  make
a  determination on the charges, sustaining them, he or she shall impose
no greater penalty  or  fine  than  those  upon  which  the  person  was
originally charged.
  S 10-b. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
law,  subdivision  1  as  added  by  chapter 715 of the laws of 1972 and
subdivision 2 as amended by chapter 365 of the laws of 1978, are amended
to read as follows:
  1. The hearing examiner shall make a  determination  on  the  charges,
either  sustaining or dismissing them. Where the hearing examiner deter-
mines that the charges have been sustained he OR SHE may examine  EITHER
the prior parking violations record of the person charged, OR THE RECORD
OF LIABILITIES INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT-
Y-B  OF THIS CHAPTER, AS APPLICABLE, prior to rendering a final determi-
nation. Final determinations sustaining or dismissing charges  shall  be
entered  on a final determination roll maintained by the bureau together
with records showing payment and nonpayment of penalties.
  2. Where an operator or owner fails to enter a plea to a charge  of  a
parking  violation  OR  FAILS  TO  CONTEST AN ALLEGATION OF LIABILITY IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED  EIGHTY-B  OF  THIS  CHAPTER,  or
fails  to  appear  on  a designated hearing date or subsequent adjourned
date or fails after a hearing to comply  with  the  determination  of  a
hearing examiner, as prescribed by this article or by rule or regulation
of  the bureau, such failure to plead, appear or comply shall be deemed,
for all purposes, an admission of liability and  shall  be  grounds  for
rendering  and  entering a default judgment in an amount provided by the
rules and regulations of the bureau. However, after  the  expiration  of
the  original  date  prescribed for entering a plea and before a default
judgment may be rendered, in such case the bureau shall pursuant to  the
applicable provisions of law notify such operator or owner, by such form
of  first  class mail as the commission may direct; (1) of the violation
charged OR LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED  EIGHTY-B
OF THIS CHAPTER ALLEGED, (2) of the impending default judgment, (3) that
such  judgment  will  be entered in the Civil Court of the city in which
the bureau has been established, or other court of civil jurisdiction or

S. 4393--A                         12

any other place provided for the entry of  civil  judgments  within  the
state  of  New York, and (4) that a default may be avoided by entering a
plea, OR CONTESTING  AN  ALLEGATION  OF  LIABILITY  IN  ACCORDANCE  WITH
SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER, or making an appearance
within  thirty  days of the sending of such notice. Pleas entered within
that period shall be in the manner prescribed  in  the  notice  and  not
subject  to  additional penalty or fee. Such notice of impending default
judgment shall not be required prior to the rendering and entry  thereof
in the case of operators or owners who are non-residents of the state of
New  York.  In  no  case  shall a default judgment be rendered or, where
required, a notice of impending default judgment be sent, more than  two
years  after  the expiration of the time prescribed for entering a plea.
When a person has demanded a  hearing,  no  fine  or  penalty  shall  be
imposed  for  any  reason,  prior  to the holding of the hearing. If the
hearing examiner shall make a determination on the  charges,  sustaining
them,  he OR SHE shall impose no greater penalty or fine than those upon
which the person was originally charged.
  S 11. Subparagraph (i) of paragraph a of subdivision  5-a  of  section
401  of the vehicle and traffic law, as separately amended by sections 1
of chapters 19 and 23 and sections 14 of chapters 20, 21, 22 and 383  of
the laws of 2009, is amended to read as follows:
  (i) If at the time of application for a registration or renewal there-
of  there  is  a  certification from a court, parking violations bureau,
traffic and parking violations  agency  or  administrative  tribunal  of
appropriate  jurisdiction  or  administrative  tribunal  of  appropriate
jurisdiction that the registrant or his or her representative failed  to
appear  on the return date or any subsequent adjourned date or failed to
comply with the rules and  regulations  of  an  administrative  tribunal
following  entry  of a final decision in response to a total of three or
more summonses or other process in the aggregate, issued within an eigh-
teen month period, charging either  that  (i)  such  motor  vehicle  was
parked, stopped or standing, or that such motor vehicle was operated for
hire  by  the registrant or his or her agent without being licensed as a
motor vehicle for hire by the appropriate local authority, in  violation
of  any of the provisions of this chapter or of any law, ordinance, rule
or regulation made by a local  authority  or  (ii)  the  registrant  was
liable  in accordance with section eleven hundred eleven-a of this chap-
ter or section eleven hundred eleven-b of this chapter for  a  violation
of  subdivision  (d) of section eleven hundred eleven of this chapter OR
(III) THE REGISTRANT  WAS  LIABLE  IN  ACCORDANCE  WITH  SECTION  ELEVEN
HUNDRED  EIGHTY-B  OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (C) OR
(D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER,  the  commissioner
or  his  or her agent shall deny the registration or renewal application
until the applicant provides proof from the court, traffic  and  parking
violations  agency  or  administrative  tribunal wherein the charges are
pending that an appearance or answer has been made or in the case of  an
administrative  tribunal  that he or she has complied with the rules and
regulations of said tribunal following entry of a final decision.  Where
an application is denied pursuant to this section, the commissioner may,
in  his or her discretion, deny a registration or renewal application to
any other person for the same vehicle and may  deny  a  registration  or
renewal  application  for any other motor vehicle registered in the name
of the applicant where the commissioner has determined that such  regis-
trant's  intent  has  been to evade the purposes of this subdivision and
where the commissioner has  reasonable  grounds  to  believe  that  such
registration  or  renewal will have the effect of defeating the purposes

S. 4393--A                         13

of this subdivision. Such denial shall only remain in effect as long  as
the  summonses  remain  unanswered,  or in the case of an administrative
tribunal, the registrant fails to comply with the rules and  regulations
following entry of a final decision.
  S  11-a.  Paragraph a of subdivision 5-a of section 401 of the vehicle
and traffic law, as separately amended by sections 2 of chapters 19  and
23  and  sections 15 of chapters 20, 21, 22 and 383 of the laws of 2009,
is amended to read as follows:
  a. If at the time of application for a registration or renewal thereof
there is a certification from a  court  or  administrative  tribunal  of
appropriate  jurisdiction  that  the  registrant or his or her represen-
tative failed to appear on the return date or any  subsequent  adjourned
date  or  failed to comply with the rules and regulations of an adminis-
trative tribunal following entry of a final decision in  response  to  a
total  of  three  or  more  summonses or other process in the aggregate,
issued within an eighteen month period, charging either  that  (i)  such
motor  vehicle was parked, stopped or standing, or that such motor vehi-
cle was operated for hire by the registrant or his or her agent  without
being  licensed  as  a  motor  vehicle for hire by the appropriate local
authority, in violation of any of the provisions of this chapter  or  of
any law, ordinance, rule or regulation made by a local authority or (ii)
the  registrant  was  liable  in  accordance with section eleven hundred
eleven-b of this chapter for a violation of subdivision (d)  of  section
eleven hundred eleven of this chapter OR (III) THE REGISTRANT WAS LIABLE
IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER FOR A
VIOLATION  OF SUBDIVISION (C) OR (D) OF SECTION ELEVEN HUNDRED EIGHTY OF
THIS CHAPTER, the commissioner or his or her agent shall deny the regis-
tration or renewal application until the applicant provides  proof  from
the  court  or  administrative  tribunal wherein the charges are pending
that an appearance or answer has been made or in the case of an adminis-
trative tribunal that he or she has complied with the  rules  and  regu-
lations  of  said tribunal following entry of a final decision. Where an
application is denied pursuant to this section, the commissioner may, in
his or her discretion, deny a registration or renewal application to any
other person for the same vehicle and may deny a registration or renewal
application for any other motor vehicle registered in the  name  of  the
applicant  where  the commissioner has determined that such registrant's
intent has been to evade the purposes of this subdivision and where  the
commissioner has reasonable grounds to believe that such registration or
renewal  will have the effect of defeating the purposes of this subdivi-
sion. Such denial shall only remain in effect as long as  the  summonses
remain  unanswered,  or  in  the case of an administrative tribunal, the
registrant fails to comply with  the  rules  and  regulations  following
entry of a final decision.
  S  11-b.  Paragraph a of subdivision 5-a of section 401 of the vehicle
and traffic law, as separately amended by chapters 339 and  592  of  the
laws of 1987, is amended to read as follows:
  a. If at the time of application for a registration or renewal thereof
there  is  a  certification  from  a court or administrative tribunal of
appropriate jurisdiction  that  the  registrant  or  his  representative
failed  to appear on the return date or any subsequent adjourned date or
failed to comply with the rules and  regulations  of  an  administrative
tribunal  following  entry  of  a final decision in response to three or
more summonses or other process, issued within an eighteen month period,
charging that: (A) such motor vehicle was parked, stopped  or  standing,
or  that  such  motor vehicle was operated for hire by the registrant or

S. 4393--A                         14

his OR HER agent without being licensed as a motor vehicle for  hire  by
the  appropriate  local authority, in violation of any of the provisions
of this chapter or of any law, ordinance, rule or regulation made  by  a
local  authority,  OR  (B)  THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED EIGHTY-B OF  THIS  CHAPTER  FOR  A  VIOLATION  OF
SUBDIVISION (C) OR (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER,
the  commissioner  or  his  OR  HER agent shall deny the registration or
renewal application until the applicant provides proof from the court or
administrative tribunal wherein the charges are pending that an  appear-
ance  or answer has been made or in the case of an administrative tribu-
nal that he has complied with the rules and regulations of said tribunal
following entry of a final decision.  Where  an  application  is  denied
pursuant  to this section, the commissioner may, in his discretion, deny
a registration or renewal application to any other person for  the  same
vehicle and may deny a registration or renewal application for any other
motor  vehicle registered in the name of the applicant where the commis-
sioner has determined that such registrant's intent has  been  to  evade
the  purposes of this subdivision and where the commissioner has reason-
able grounds to believe that such registration or renewal will have  the
effect  of defeating the purposes of this subdivision. Such denial shall
only remain in effect as long as the summonses remain unanswered, or  in
the  case  of an administrative tribunal, the registrant fails to comply
with the rules and regulations following entry of a final decision.
  S 12. The vehicle and traffic law is amended by adding a  new  section
1180-b to read as follows:
  S  1180-B.  OWNER  LIABILITY  FOR  FAILURE  OF OPERATOR TO COMPLY WITH
APPLICABLE MAXIMUM SPEED LIMIT. 1. NOTWITHSTANDING ANY  OTHER  PROVISION
OF  LAW,  EACH  CITY  WITH A POPULATION OF ONE MILLION OR MORE IS HEREBY
AUTHORIZED AND EMPOWERED TO ESTABLISH A DEMONSTRATION  PROGRAM  IMPOSING
MONETARY  LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR
THEREOF TO COMPLY WITH THE APPLICABLE MAXIMUM SPEED LIMIT IN  SUCH  CITY
IN  ACCORDANCE  WITH  THE  PROVISIONS  OF THIS SECTION.   SUCH CITY, FOR
PURPOSES OF THE IMPLEMENTATION OF  SUCH  PROGRAM,  SHALL  OPERATE  SPEED
LIMIT  PHOTO DEVICES WITHIN SUCH CITY AT NO MORE THAN FORTY AND NO FEWER
THAN TWENTY LOCATIONS AT ANY ONE TIME DURING ANY YEAR OF  SUCH  PROGRAM.
SUCH  SPEED LIMIT PHOTO DEVICES MAY BE STATIONARY OR MOBILE AND SHALL BE
ACTIVATED AT LOCATIONS SELECTED BY SUCH CITY.
  2. IN ANY CITY THAT HAS ESTABLISHED A DEMONSTRATION  PROGRAM  PURSUANT
TO  SUBDIVISION  ONE  OF  THIS  SECTION, THE OWNER OF A VEHICLE SHALL BE
LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION  IF  SUCH  VEHICLE
WAS  USED  OR  OPERATED  WITH  THE  PERMISSION  OF THE OWNER, EXPRESS OR
IMPLIED, IN VIOLATION OF  SUBDIVISION  (C)  OR  (D)  OF  SECTION  ELEVEN
HUNDRED  EIGHTY  OF  THIS  ARTICLE,  AND  SUCH VIOLATION IS EVIDENCED BY
INFORMATION OBTAINED FROM A SPEED LIMIT PHOTO DEVICE;  PROVIDED  HOWEVER
THAT  NO OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED PURSU-
ANT TO THIS  SECTION  WHERE  THE  OPERATOR  OF  SUCH  VEHICLE  HAS  BEEN
CONVICTED  OF  THE  UNDERLYING  VIOLATION  OF  SUBDIVISION (C) OR (D) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
  3. FOR PURPOSES OF  THIS  SECTION,  "OWNER"  SHALL  HAVE  THE  MEANING
PROVIDED  IN  SECTION  TWO  HUNDRED  THIRTY-NINE  OF  THIS  CHAPTER. FOR
PURPOSES OF THIS SECTION, "SPEED LIMIT PHOTO DEVICE" SHALL  MEAN  EQUIP-
MENT  THAT  TAKES A FILM OR DIGITAL CAMERA-BASED PHOTOGRAPH, MICROPHOTO-
GRAPH, VIDEO, OR OTHER RECORDED IMAGE WHICH IS LINKED WITH  A  VIOLATION
DETECTION SYSTEM THAT SYNCHRONIZES THE TAKING OF SUCH IMAGE OF A VEHICLE
AT  THE TIME THE VEHICLE IS USED OR OPERATED IN VIOLATION OF SUBDIVISION
(C) OR (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.

S. 4393--A                         15

  4. A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY THE
CITY IN WHICH THE CHARGED VIOLATION OCCURRED OR ITS VENDOR  OR  CONTRAC-
TOR,  OR  A  FACSIMILE  THEREOF,  BASED  UPON INSPECTION OF PHOTOGRAPHS,
MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY A SPEED
LIMIT PHOTO DEVICE, SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED
THEREIN.  ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED
IMAGES EVIDENCING SUCH A VIOLATION SHALL BE AVAILABLE FOR INSPECTION  IN
ANY  PROCEEDING  TO ADJUDICATE THE LIABILITY FOR SUCH VIOLATION PURSUANT
TO THIS SECTION.
  5. AN OWNER LIABLE FOR A  VIOLATION  OF  SUBDIVISION  (C)  OR  (D)  OF
SECTION  ELEVEN HUNDRED EIGHTY OF THIS ARTICLE SHALL BE LIABLE FOR MONE-
TARY PENALTIES IN ACCORDANCE WITH A  SCHEDULE  OF  FINES  AND  PENALTIES
PROMULGATED  BY  THE  PARKING  VIOLATIONS BUREAU OF SUCH CITY; PROVIDED,
HOWEVER, THAT THE MONETARY PENALTY FOR DRIVING AT A  SPEED  ONE  TO  TEN
MILES  PER  HOUR  IN  EXCESS OF THE MAXIMUM SPEED LIMIT SHALL NOT EXCEED
FIFTY DOLLARS, THE MONETARY PENALTY FOR DRIVING AT A SPEED MORE THAN TEN
AND LESS THAN THIRTY MILES PER HOUR IN EXCESS OF THE MAXIMUM SPEED LIMIT
SHALL NOT EXCEED SEVENTY-FIVE DOLLARS,  AND  THE  MONETARY  PENALTY  FOR
DRIVING  THIRTY  MILES  PER  HOUR OR MORE IN EXCESS OF THE MAXIMUM SPEED
LIMIT SHALL NOT EXCEED ONE HUNDRED  FIFTY  DOLLARS;  PROVIDED,  FURTHER,
THAT  AN  OWNER  SHALL BE LIABLE FOR AN ADDITIONAL PENALTY NOT TO EXCEED
TWENTY-FIVE DOLLARS FOR EACH VIOLATION FOR THE FAILURE TO RESPOND  TO  A
NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME PERIOD.
  6.  AN  IMPOSITION  OF LIABILITY PURSUANT TO THIS SECTION SHALL NOT BE
DEEMED A CONVICTION AS AN OPERATOR AND SHALL NOT BE  MADE  PART  OF  THE
OPERATING  RECORD  OF THE PERSON UPON WHOM SUCH LIABILITY IS IMPOSED NOR
SHALL IT BE USED FOR INSURANCE PURPOSES IN THE PROVISION OF MOTOR  VEHI-
CLE INSURANCE COVERAGE.
  7.  (A)  A  NOTICE  OF  LIABILITY SHALL BE SENT BY FIRST CLASS MAIL IN
ACCORDANCE WITH THIS SECTION TO EACH PERSON ALLEGED TO BE LIABLE  AS  AN
OWNER  FOR  A  VIOLATION  OF  SUBDIVISION  (C)  OR (D) OF SECTION ELEVEN
HUNDRED EIGHTY OF THIS ARTICLE. PERSONAL DELIVERY ON THE OWNER SHALL NOT
BE REQUIRED. A MANUAL OR AUTOMATIC RECORD OF  MAILING  PREPARED  IN  THE
ORDINARY  COURSE  OF BUSINESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS
CONTAINED THEREIN.
  (B) A NOTICE OF LIABILITY SHALL CONTAIN THE NAME AND  ADDRESS  OF  THE
PERSON  ALLEGED  TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION
(C) OR (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE, THE  REGIS-
TRATION  NUMBER  OF THE VEHICLE INVOLVED IN SUCH VIOLATION, THE LOCATION
WHERE SUCH VIOLATION TOOK PLACE, THE DATE AND TIME OF SUCH VIOLATION AND
THE IDENTIFICATION NUMBER OF THE SPEED LIMIT PHOTO DEVICE WHICH RECORDED
THE VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER.
  (C) THE NOTICE OF LIABILITY SHALL  CONTAIN  INFORMATION  ADVISING  THE
PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE OR SHE MAY CONTEST
THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO
CONTAIN  A WARNING TO ADVISE THE PERSONS CHARGED THAT FAILURE TO CONTEST
IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF  LIABIL-
ITY AND THAT A DEFAULT JUDGEMENT MAY BE ENTERED THEREON.
  (D) THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE AGENCY
OR AGENCIES DESIGNATED BY SUCH CITY.
  8. IF AN OWNER OF A VEHICLE RECEIVES A NOTICE OF LIABILITY PURSUANT TO
THIS  SECTION FOR ANY TIME PERIOD DURING WHICH SUCH VEHICLE WAS REPORTED
TO THE POLICE DEPARTMENT AS HAVING BEEN STOLEN,  IT  SHALL  BE  A  VALID
DEFENSE TO AN ALLEGATION OF LIABILITY FOR A VIOLATION OF SUBDIVISION (C)
OR (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE THAT THE VEHICLE
HAD  BEEN  REPORTED  TO  THE  POLICE  AS  STOLEN  PRIOR  TO THE TIME THE

S. 4393--A                         16

VIOLATION OCCURRED AND HAD NOT BEEN RECOVERED BY SUCH TIME. FOR PURPOSES
OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION IT SHALL BE SUFFI-
CIENT THAT AN ORIGINAL INCIDENT FORM ISSUED BY THE POLICE ON THE  STOLEN
VEHICLE  BE SENT BY FIRST CLASS MAIL TO THE PARKING VIOLATIONS BUREAU OF
SUCH CITY.
  9. (A) AN OWNER WHO IS A LESSOR OF A VEHICLE  TO  WHICH  A  NOTICE  OF
LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION SEVEN OF THIS SECTION SHALL
NOT  BE  LIABLE  FOR  THE VIOLATION OF SUBDIVISION (C) OR (D) OF SECTION
ELEVEN HUNDRED EIGHTY OF THIS ARTICLE, PROVIDED THAT:
  (I) PRIOR TO THE VIOLATION, THE LESSOR HAS  FILED  WITH  SUCH  PARKING
VIOLATIONS  BUREAU  IN  ACCORDANCE  WITH  THE  PROVISIONS OF SECTION TWO
HUNDRED THIRTY-NINE OF THIS CHAPTER; AND
  (II) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM SUCH  BUREAU
OF THE DATE AND TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFORMATION
CONTAINED  IN  THE  ORIGINAL  NOTICE OF LIABILITY, THE LESSOR SUBMITS TO
SUCH BUREAU THE CORRECT NAME AND ADDRESS OF THE LESSEE  OF  THE  VEHICLE
IDENTIFIED  IN  THE  NOTICE  OF LIABILITY AT THE TIME OF SUCH VIOLATION,
TOGETHER WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL,
LEASE OR OTHER CONTRACT DOCUMENT, AS MAY BE REASONABLY REQUIRED BY  SUCH
BUREAU PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE.
  (B)  FAILURE TO COMPLY WITH SUBPARAGRAPH (II) OF PARAGRAPH (A) OF THIS
SUBDIVISION SHALL RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED  IN
THIS SECTION.
  (C)  WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF PARAGRAPH (A) OF
THIS SUBDIVISION, THE LESSEE  OF  SUCH  VEHICLE  ON  THE  DATE  OF  SUCH
VIOLATION  SHALL  BE DEEMED TO BE THE OWNER OF SUCH VEHICLE FOR PURPOSES
OF THIS SECTION, SHALL BE SUBJECT TO LIABILITY FOR SUCH VIOLATION PURSU-
ANT TO THIS SECTION AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT  TO
SUBDIVISION SEVEN OF THIS SECTION.
  10.  IF  THE OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (C) OR (D) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO  THIS  SECTION
WAS  NOT  THE  OPERATOR OF THE VEHICLE AT THE TIME OF THE VIOLATION, THE
OWNER MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR.
  11. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE  LIABILITY
OF  AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF SUBDIVISION (C) OR (D)
OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
  12. ANY CITY THAT ADOPTS A DEMONSTRATION PROGRAM PURSUANT TO  SUBDIVI-
SION ONE OF THIS SECTION SHALL SUBMIT A REPORT ON THE RESULTS OF THE USE
OF SPEED LIMIT PHOTO DEVICES TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF
THE  SENATE AND THE SPEAKER OF THE ASSEMBLY BY APRIL FIRST, TWO THOUSAND
FOURTEEN. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (A) A DESCRIPTION OF THE LOCATIONS WHERE  SPEED  LIMIT  PHOTO  DEVICES
WERE USED;
  (B) THE NUMBER OF VIOLATIONS RECORDED AT EACH SUCH LOCATION AND IN THE
AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS;
  (C) THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED;
  (D)  THE  NUMBER  OF  FINES AND TOTAL AMOUNT OF FINES PAID AFTER FIRST
NOTICE OF LIABILITY;
  (E) THE NUMBER OF VIOLATIONS ADJUDICATED AND RESULTS OF  SUCH  ADJUDI-
CATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE;
  (F) THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH CITY; AND
  (G) QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
  S  13.  The  opening  paragraph  and paragraph (c) of subdivision 1 of
section 1809 of the vehicle and traffic law, as  separately  amended  by
sections  4 of chapters 19 and 23 and sections 17 of chapters 20, 21, 22
and 383 of the laws of 2009, are amended to read as follows:

S. 4393--A                         17

  Whenever proceedings in an administrative tribunal or a court of  this
state  result  in  a  conviction  for an offense under this chapter or a
traffic infraction under this chapter, or a local law,  ordinance,  rule
or  regulation  adopted  pursuant  to this chapter, other than a traffic
infraction  involving  standing,  stopping,  or parking or violations by
pedestrians or bicyclists, or other than an adjudication of liability of
an owner for a violation of subdivision (d) of  section  eleven  hundred
eleven  of  this  chapter  in  accordance  with  section  eleven hundred
eleven-a of this chapter, or other than an adjudication of liability  of
an  owner  for  a violation of subdivision (d) of section eleven hundred
eleven of  this  chapter  in  accordance  with  section  eleven  hundred
eleven-b  of this chapter, OR OTHER THAN AN ADJUDICATION OF LIABILITY OF
AN OWNER FOR A VIOLATION OF SUBDIVISION (C) OR  (D)  OF  SECTION  ELEVEN
HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
EIGHTY-B  OF  THIS CHAPTER, there shall be levied a crime victim assist-
ance fee and a mandatory surcharge, in addition to any sentence required
or permitted by law, in accordance with the following schedule:
  (c) Whenever proceedings in an administrative tribunal or a  court  of
this  state  result  in  a  conviction for an offense under this chapter
other than a crime pursuant to section eleven hundred ninety-two of this
chapter, or a traffic infraction under this chapter,  or  a  local  law,
ordinance,  rule  or  regulation adopted pursuant to this chapter, other
than a traffic infraction involving standing, stopping,  or  parking  or
violations  by  pedestrians or bicyclists, or other than an adjudication
of liability of an owner for a violation of subdivision (d)  of  section
eleven  hundred eleven of this chapter in accordance with section eleven
hundred eleven-a of this chapter,  or  other  than  an  adjudication  of
liability  of  an  owner  for  a violation of subdivision (d) of section
eleven hundred eleven of this chapter in accordance with section  eleven
hundred  eleven-b  of this chapter, or other than an infraction pursuant
to article nine of this chapter or other than an adjudication of liabil-
ity of an owner for a violation of toll collection regulations  pursuant
to  section two thousand nine hundred eighty-five of the public authori-
ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
hundred seventy-four of the laws of nineteen  hundred  fifty,  OR  OTHER
THAN  AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDI-
VISION (C) OR (D) OF SECTION ELEVEN HUNDRED EIGHTY OF  THIS  CHAPTER  IN
ACCORDANCE  WITH  SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER, there
shall be levied a crime victim assistance fee  in  the  amount  of  five
dollars  and a mandatory surcharge, in addition to any sentence required
or permitted by law, in the amount of fifty-five dollars.
  S 13-a. Subdivision 1 of section 1809 of the vehicle and traffic  law,
as  separately  amended by sections 5 of chapters 19 and 23 and sections
18 of chapters 20, 21, 22 and 383 of the laws of  2009,  is  amended  to
read as follows:
  1.  Whenever  proceedings  in an administrative tribunal or a court of
this state result in a conviction for a crime under this  chapter  or  a
traffic  infraction  under this chapter, or a local law, ordinance, rule
or regulation adopted pursuant to this chapter,  other  than  a  traffic
infraction involving standing, stopping, parking or motor vehicle equip-
ment  or violations by pedestrians or bicyclists, or other than an adju-
dication of liability of an owner for a violation of subdivision (d)  of
section eleven hundred eleven of this chapter in accordance with section
eleven  hundred  eleven-a of this chapter, or other than an adjudication
of liability of an owner for a violation of subdivision (d)  of  section
eleven  hundred eleven of this chapter in accordance with section eleven

S. 4393--A                         18

hundred eleven-b of this chapter,  OR  OTHER  THAN  AN  ADJUDICATION  OF
LIABILITY  OF  AN  OWNER  FOR  A  VIOLATION OF SUBDIVISION (C) OR (D) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION
ELEVEN  HUNDRED EIGHTY-B OF THIS CHAPTER, there shall be levied a manda-
tory surcharge, in addition to any sentence  required  or  permitted  by
law, in the amount of twenty-five dollars.
  S  13-b. Subdivision 1 of section 1809 of the vehicle and traffic law,
as separately amended by chapter 16 of the laws of 1983 and  chapter  62
of the laws of 1989, is amended to read as follows:
  1.  Whenever  proceedings  in an administrative tribunal or a court of
this state result in a conviction for a crime under this  chapter  or  a
traffic  infraction  under  this chapter other than a traffic infraction
involving standing, stopping, parking  or  motor  vehicle  equipment  or
violations  by  pedestrians or bicyclists, OR OTHER THAN AN ADJUDICATION
OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (C)  OR  (D)  OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION
ELEVEN  HUNDRED EIGHTY-B OF THIS CHAPTER, there shall be levied a manda-
tory surcharge, in addition to any sentence  required  or  permitted  by
law, in the amount of seventeen dollars.
  S  14.  Subdivision  2  of  section  87  of the public officers law is
amended by adding a new paragraph (1) to read as follows:
  (1) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS,  VIDEOTAPE  OR  OTHER  RECORDED
IMAGES  PRODUCED  BY A SPEED LIMIT PHOTO DEVICE PREPARED UNDER AUTHORITY
OF SECTION ELEVEN HUNDRED EIGHTY-B OF THE VEHICLE AND TRAFFIC LAW.
  S 15. This act shall take effect on the thirtieth day after  it  shall
have  become  a  law  and shall expire 5 years after such effective date
when upon such date the provisions of this act shall be deemed repealed;
and provided further that any rules necessary for the implementation  of
this  act  on  its effective date shall be promulgated on or before such
date;
  (a) provided, however, that the amendments to subdivision 1 of section
235 of the vehicle and traffic law made by section one of this act shall
be subject to the expiration and reversion of such section  pursuant  to
subdivision  (p)  of  section 406 of chapter 166 of the laws of 1991, as
amended, when upon such date the provisions of section one-a of this act
shall take effect;
  (b) provided, further that the amendments to section 235 of the  vehi-
cle  and  traffic law made by section one-a of this act shall be subject
to the expiration and reversion of such section pursuant to  section  17
of  chapter 746 of the laws of 1988, as amended, when upon such date the
provisions of section one-b of this act shall take effect;
  (c) provided, further, that the amendments to section 235 of the vehi-
cle and traffic law made by section one-b of this act shall  be  subject
to  the  expiration and reversion of such section pursuant to section 18
of chapter 379 of the laws of 1992, as amended, when upon such date  the
provisions of section one-c of this act shall take effect;
  (d) the amendments made to subdivision 1 of section 236 of the vehicle
and  traffic law made by section two of this act shall be subject to the
expiration and reversion of such subdivision pursuant to section  17  of
chapter  746  of  the  laws of 1988, as amended, when upon such date the
provisions of section two-a of this act shall take effect;
  (e) provided, further, that the amendments to section 236 of the vehi-
cle and traffic law made by section two-a of this act shall  not  affect
the  expiration  and  reversion of such section pursuant to chapters 20,
21, 22 and 383 of the laws of 2009, as amended, when upon such date  the
provisions of section two-b of this act shall take effect;

S. 4393--A                         19

  (f)  provided,  further,  that  the  amendments made to paragraph f of
subdivision 1 of section 239 of the vehicle  and  traffic  law  made  by
section  five  of this act shall be subject to the expiration and rever-
sion of such paragraph pursuant to section 17 of chapter 746 of the laws
of  1988,  as  amended,  when  upon  such date the provisions of section
five-a of this act shall take effect;
  (g) provided, further, the the amendments to paragraph f  of  subdivi-
sion  1  of  section  239 of the vehicle and traffic law made by section
five-a of this act shall be subject to the expiration and  reversion  of
such  paragraph  pursuant  to chapters 20, 21, 22 and 383 of the laws of
2009, as amended, when upon such date the provisions of  section  five-b
of this act shall  take effect;
  (h) provided, further, that the amendments to subdivision 4 of section
239 of the vehicle and traffic law made by section six of this act shall
not  affect  the repeal of such subdivision and shall be deemed repealed
therewith, when upon such date the provisions of section six-a  of  this
act shall take effect;
  (i) provided, further, that the amendments to subdivision 1 of section
240  of  the  vehicle  and traffic law made by section seven of this act
shall be subject to the expiration and  reversion  of  such  subdivision
pursuant  to  section 17 of chapter 746 of the laws of 1988, as amended,
when upon such date the provisions of section seven-a of this act  shall
take effect;
  (j) provided, further, that the amendments to subdivision 1 of section
240  of  the vehicle and traffic law made by section seven-a of this act
shall be subject to the expiration and  reversion  of  such  subdivision
pursuant to chapters 20, 21, 22 and 383 of the laws of 2009, as amended,
when upon such date the provisions of section seven-b shall take effect;
  (k)  provided,  further,  that  the  amendments  to subdivision 1-a of
section 240 of the vehicle and traffic law made by section eight of this
act shall be subject to the expiration and reversion of such subdivision
pursuant to section 17 of chapter 746 of the laws of 1988,  as  amended,
when  upon such date the provisions of section eight-a of this act shall
take effect;
  (l) provided, further, that  the  amendments  to  subdivision  1-a  of
section  240  of  the vehicle and traffic law made by section eight-a of
this act shall be subject to the expiration and reversion of such subdi-
vision pursuant to chapters 20, 21, 22 and 383 of the laws of  2009,  as
amended,  when  upon such date the provisions of section eight-b of this
act shall take effect;
  (m) provided, further, that the amendments to paragraphs a  and  g  of
subdivision  2  of  section  240  of the vehicle and traffic law made by
section nine of this act shall be subject to the expiration  and  rever-
sion of such paragraph pursuant to section 17 of chapter 746 of the laws
of  1988,  as  amended,  when  upon  such date the provisions of section
nine-a of this act shall take effect;
  (n) provided, further, that the amendments to paragraphs a  and  g  of
subdivision  2  of  section  240  of the vehicle and traffic law made by
section nine-a of this act shall be subject to the expiration and rever-
sion of such paragraphs pursuant to chapters 20, 21, 22 and 383  of  the
laws  of 2009, as amended, when upon such date the provisions of section
nine-b of this act shall take effect;
  (o) provided, further, that the amendments to subdivisions 1 and 2  of
section  241  of the vehicle and traffic law made by section ten of this
act shall be subject to the expiration and reversion  of  such  subdivi-
sions  pursuant  to  section  17  of chapter 746 of the laws of 1988, as

S. 4393--A                         20

amended, when upon such date the provisions of section ten-a of this act
shall take effect;
  (p)  provided, further, that the amendments to subdivisions 1 and 2 of
section 241 of the vehicle and traffic law made by section ten-a of this
act shall be subject to the expiration and reversion  of  such  subdivi-
sions  pursuant  to  chapters 20, 21, 22 and 383 of the laws of 2009, as
amended, when upon such date the provisions of section ten-b of this act
shall take effect;
  (q) provided, further, that the  amendments  to  subparagraph  (i)  of
paragraph a of subdivision 5-a of section 401 of the vehicle and traffic
law  made  by section eleven of this act shall be subject to the expira-
tion and reversion of such paragraph pursuant to section 17  of  chapter
746  of the laws of 1988, as amended, when upon such date the provisions
of section eleven-a of this act shall take effect;
  (r) provided, further, that the amendments to paragraph a of  subdivi-
sion  5-a  of section 401 of the vehicle and traffic law made by section
eleven-a of this act shall be subject to the expiration and reversion of
such paragraph pursuant to chapters 19, 20, 21, 22, 23 and  383  of  the
laws  of 2009, as amended, when upon such date the provisions of section
eleven-b of this act shall take effect;
  (r-1) provided, further, that  the  amendments  to  subdivision  1  of
section  1809  of the vehicle and traffic law made by sections thirteen,
thirteen-a and thirteen-b of this act shall not affect the expiration of
such subdivision and shall be deemed repealed therewith;
  (s) provided, further, that the amendments to  the  opening  paragraph
and  paragraph  (c)  of subdivision 1 of section 1809 of the vehicle and
traffic law made by section thirteen of this act shall be subject to the
expiration and reversion of such paragraphs pursuant to  section  10  of
chapter  19, sections 24 of chapters 20 and 383, sections 22 of chapters
21 and 22 and section 9 of chapter 23 of the laws of 2009,  as  amended,
when  upon  such  date  the provisions of section thirteen-a of this act
shall take effect;
  (t) provided, further, that the amendments to subdivision 1 of section
1809 of the vehicle and traffic law made by section thirteen-a  of  this
act  shall  be  subject to the expiration and reversion of such subdivi-
sions pursuant to section 17 of chapter 746 of  the  laws  of  1988,  as
amended,  when  upon  such  date the provisions of section thirteen-b of
this act shall take effect.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4393--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 22, 2009
                               ___________

Introduced  by  Sen.  DUANE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation  --  recom-
  mitted  to  the  Committee on Transportation in accordance with Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted  as  amended  and recommitted to said committee -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the vehicle and traffic law and the public officers law,
  in relation to establishing in each city  with  a  population  of  one
  million  or  more  a  demonstration  program  to enforce maximum speed
  limits by means of speed limit photo devices; and  providing  for  the
  repeal of such provisions upon expiration thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 235 of  the  vehicle  and  traffic
law,  as separately amended by sections 1 of chapters 20, 21, 22 and 383
of the laws of 2009, is amended to read as follows:
  1. Notwithstanding any inconsistent provision of any general,  special
or  local  law or administrative code to the contrary, in any city which
heretofore or hereafter is authorized  to  establish  an  administrative
tribunal to hear and determine complaints of traffic infractions consti-
tuting  parking,  standing  or stopping violations, or to adjudicate the
liability of owners for violations of subdivision (d) of section  eleven
hundred eleven of this chapter in accordance with section eleven hundred
eleven-a  of  this chapter, or to adjudicate the liability of owners for
violations of subdivision (d) of section eleven hundred eleven  of  this
chapter in accordance with section eleven hundred eleven-b of this chap-
ter  as added by section sixteen of [the chapter] CHAPTERS TWENTY, TWEN-
TY-ONE, TWENTY-TWO AND THREE HUNDRED EIGHTY-THREE of  the  laws  of  two
thousand  nine  [which  amended  this subdivision], or to adjudicate the
liability of owners for violations of  toll  collection  regulations  as
defined in and in accordance with the provisions of section two thousand
nine  hundred  eighty-five  of  the  public authorities law and sections
sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04540-07-0

S. 4393--B                          2

of the laws of nineteen hundred fifty, OR  TO  ADJUDICATE  LIABILITY  OF
OWNERS  FOR  VIOLATIONS  OF  SUBDIVISIONS  (C) AND (D) OF SECTION ELEVEN
HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
EIGHTY-B  OF  THIS  CHAPTER, such tribunal and the rules and regulations
pertaining thereto shall be constituted in substantial conformance  with
the following sections.
  S  1-a.  Section  235  of  the  vehicle and traffic law, as separately
amended by sections 2 of chapters 20, 21, 22 and  383  of  the  laws  of
2009, is amended to read as follows:
  S 235. Jurisdiction. Notwithstanding any inconsistent provision of any
general, special or local law or administrative code to the contrary, in
any  city  which  heretofore  or hereafter is authorized to establish an
administrative tribunal to hear  and  determine  complaints  of  traffic
infractions constituting parking, standing or stopping violations, or to
adjudicate  the liability of owners for violations of subdivision (d) of
section eleven hundred eleven of this chapter in accordance with section
eleven hundred eleven-a of this chapter, or to adjudicate the  liability
of  owners  for  violations of subdivision (d) of section eleven hundred
eleven of  this  chapter  in  accordance  with  section  eleven  hundred
eleven-b  of this chapter as added by [section] SECTIONS sixteen of [the
chapter] CHAPTERS  TWENTY,  TWENTY-ONE,  TWENTY-TWO  AND  THREE  HUNDRED
EIGHTY-THREE  of  the  laws  of  two  thousand  nine [which amended this
section], or to adjudicate the liability of  owners  for  violations  of
toll  collection  regulations  as  defined in and in accordance with the
provisions of section two  thousand  nine  hundred  eighty-five  of  the
public  authorities  law and sections sixteen-a, sixteen-b and sixteen-c
of chapter seven hundred seventy-four of the laws  of  nineteen  hundred
fifty,  OR  TO ADJUDICATE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVI-
SIONS (C) AND (D) OF SECTION ELEVEN HUNDRED EIGHTY OF  THIS  CHAPTER  IN
ACCORDANCE  WITH  SECTION  ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER, such
tribunal and the rules  and  regulations  pertaining  thereto  shall  be
constituted in substantial conformance with the following sections.
  S  1-b.  Section  235  of  the  vehicle and traffic law, as separately
amended by sections 3 of chapters 20, 21, 22 and  383  of  the  laws  of
2009, is amended to read as follows:
  S 235. Jurisdiction. Notwithstanding any inconsistent provision of any
general, special or local law or administrative code to the contrary, in
any  city  which  heretofore  or hereafter is authorized to establish an
administrative tribunal to hear  and  determine  complaints  of  traffic
infractions constituting parking, standing or stopping violations, or to
adjudicate  the liability of owners for violations of subdivision (d) of
section eleven hundred eleven of this chapter in accordance with section
eleven hundred eleven-b of this chapter as added by  [section]  SECTIONS
sixteen  of  [the  chapter]  CHAPTERS TWENTY, TWENTY-ONE, TWENTY-TWO AND
THREE HUNDRED EIGHTY-THREE of the  laws  of  two  thousand  nine  [which
amended  this  section],  or  to  adjudicate the liability of owners for
violations of toll collection regulations as defined in and  in  accord-
ance  with  the  provisions of section two thousand nine hundred eighty-
five of the public authorities law and sections sixteen-a, sixteen-b and
sixteen-c of chapter seven hundred seventy-four of the laws of  nineteen
hundred  fifty,  OR  TO ADJUDICATE LIABILITY OF OWNERS FOR VIOLATIONS OF
SUBDIVISIONS (C) AND (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS  CHAP-
TER  IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER,
such tribunal and the rules and regulations pertaining thereto shall  be
constituted in substantial conformance with the following sections.

S. 4393--B                          3

  S  1-c.  Section  235  of  the  vehicle and traffic law, as separately
amended by chapter 715 of the laws of 1972 and chapter 379 of  the  laws
of 1992, is amended to read as follows:
  S 235. Jurisdiction. Notwithstanding any inconsistent provision of any
general, special or local law or administrative code to the contrary, in
any  city  which  heretofore  or hereafter is authorized to establish an
administrative tribunal to hear  and  determine  complaints  of  traffic
infractions constituting parking, standing or stopping violations, or to
adjudicate  the  liability  of  owners for violations of toll collection
regulations as defined in and  in  accordance  with  the  provisions  of
section  two thousand nine hundred eighty-five of the public authorities
law and sections sixteen-a, sixteen-b and  sixteen-c  of  chapter  seven
hundred  seventy-four of the laws of nineteen hundred fifty, OR TO ADJU-
DICATE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISIONS (C) AND (D) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION
ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER, such tribunal and the rules and
regulations pertaining  thereto  shall  be  constituted  in  substantial
conformance with the following sections.
  S  2.  Subdivision 1 of section 236 of the vehicle and traffic law, as
separately amended by sections 4 of chapters 20, 21, 22 and 383  of  the
laws of 2009, is amended to read as follows:
  1.  Creation. In any city as hereinbefore or hereafter authorized such
tribunal when created shall be known as the  parking  violations  bureau
and  shall  have  jurisdiction of traffic infractions which constitute a
parking violation and, where authorized by local law adopted pursuant to
subdivision (a) of section eleven hundred eleven-a of  this  chapter  or
subdivision  (a)  of  section eleven hundred eleven-b of this chapter as
added by [section] SECTIONS sixteen of [the  chapter]  CHAPTERS  TWENTY,
TWENTY-ONE, TWENTY-TWO AND THREE HUNDRED EIGHTY-THREE of the laws of two
thousand  nine  [which  amended  this subdivision], shall adjudicate the
liability of owners for violations of subdivision (d) of section  eleven
hundred  eleven  of  this chapter in accordance with such section eleven
hundred eleven-a or such section eleven hundred  eleven-b  as  added  by
[section] SECTIONS sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE,
TWENTY-TWO  AND  THREE  HUNDRED EIGHTY-THREE of the laws of two thousand
nine [which amended this subdivision] and shall adjudicate the liability
of owners for violations of toll collection regulations  as  defined  in
and  in  accordance  with  the  provisions  of section two thousand nine
hundred  eighty-five  of  the  public  authorities  law   and   sections
sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
of the laws of nineteen hundred fifty, AND SHALL ADJUDICATE LIABILITY OF
OWNERS  FOR  VIOLATIONS  OF  SUBDIVISIONS  (C) AND (D) OF SECTION ELEVEN
HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
EIGHTY-B OF THIS CHAPTER.  Such tribunal, except in a city with a  popu-
lation of one million or more, shall also have jurisdiction of abandoned
vehicle  violations.  For  the  purposes  of  this  article,  a  parking
violation is the violation of any law, rule or regulation providing  for
or  regulating  the parking, stopping or standing of a vehicle. In addi-
tion for purposes of this article, "commissioner" shall mean and include
the commissioner of traffic  of  the  city  or  an  official  possessing
authority as such a commissioner.
  S 2-a. Subdivision 1 of section 236 of the vehicle and traffic law, as
separately  amended  by sections 5 of chapters 20, 21, 22 and 383 of the
laws of 2009, is amended to read as follows:
  1. Creation. In any city as hereinbefore or hereafter authorized  such
tribunal  when  created  shall be known as the parking violations bureau

S. 4393--B                          4

and shall have jurisdiction of traffic infractions  which  constitute  a
parking violation and, where authorized by local law adopted pursuant to
subdivision  (a)  of  section eleven hundred eleven-b of this chapter as
added  by  [section]  SECTIONS sixteen of [the chapter] CHAPTERS TWENTY,
TWENTY-ONE, TWENTY-TWO AND THREE HUNDRED EIGHTY-THREE of the laws of two
thousand nine [which amended this  subdivision],  shall  adjudicate  the
liability  of owners for violations of subdivision (d) of section eleven
hundred eleven of this chapter in accordance with  such  section  eleven
hundred eleven-b as added by [section] SECTIONS sixteen of [the chapter]
CHAPTERS  TWENTY,  TWENTY-ONE, TWENTY-TWO AND THREE HUNDRED EIGHTY-THREE
of the laws of two thousand nine which  amended  this  subdivision,  AND
SHALL  ADJUDICATE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISIONS (C)
AND (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER  IN  ACCORDANCE
WITH  SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER.  For the purposes
of this article, a parking violation is the violation of any  law,  rule
or  regulation  providing  for  or  regulating  the parking, stopping or
standing of a  vehicle.  In  addition  for  purposes  of  this  article,
"commissioner" shall mean and include the commissioner of traffic of the
city or an official possessing authority as such a commissioner.
  S 2-b. Subdivision 1 of section 236 of the vehicle and traffic law, as
added by chapter 715 of the laws of 1972, is amended to read as follows:
  1.  Creation. In any city as hereinbefore or hereafter authorized such
tribunal when created shall be known as the  parking  violations  bureau
and  shall  have  jurisdiction of traffic infractions which constitute a
parking  violation,  AND  SHALL  ADJUDICATE  LIABILITY  OF  OWNERS   FOR
VIOLATIONS  OF SUBDIVISIONS (C) AND (D) OF SECTION ELEVEN HUNDRED EIGHTY
OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN  HUNDRED  EIGHTY-B  OF
THIS  CHAPTER.  For the purposes of this article, a parking violation is
the violation of any law, rule or regulation providing for or regulating
the parking, stopping or standing of a vehicle. In addition for purposes
of this article, "commissioner" shall mean and include the  commissioner
of  traffic  of  the  city or an official possessing authority as such a
commissioner.
  S 3. Subdivision 11 of section 237 of the vehicle and traffic law,  as
added by chapter 379 of the laws of 1992, is amended to read as follows:
  11.  To  adjudicate  the  liability  of  owners for violations of toll
collection  regulations  as  defined  in  and  in  accordance  with  the
provisions  of  section  two  thousand  nine  hundred eighty-five of the
public authorities law and sections sixteen-a, sixteen-b  and  sixteen-c
of  chapter  seven  hundred seventy-four of the laws of nineteen hundred
fifty[.];
  S 4. Section 237 of the vehicle and traffic law is amended by adding a
new subdivision 12 to read as follows:
  12. TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS  OF  SUBDIVI-
SIONS  (C)  AND  (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER.
  S 5. Paragraph f of subdivision 1 of section 239 of  the  vehicle  and
traffic  law, as separately amended by sections 8 of chapters 20, 21, 22
and 383 of the laws of 2009, is amended to read as follows:
  f. "Notice of violation" means a notice of  violation  as  defined  in
subdivision  nine  of  section two hundred thirty-seven of this article,
but shall not be deemed to include a notice of liability issued pursuant
to authorization set forth in section eleven hundred  eleven-a  of  this
chapter  or  section eleven hundred eleven-b of this chapter as added by
[section] SECTIONS sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE,
TWENTY-TWO AND THREE HUNDRED EIGHTY-THREE of the laws  of  two  thousand

S. 4393--B                          5

nine  [which amended this paragraph], and shall not be deemed to include
a notice of liability issued  pursuant  to  section  two  thousand  nine
hundred   eighty-five   of  the  public  authorities  law  and  sections
sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
of the laws of nineteen hundred fifty AND SHALL NOT BE DEEMED TO INCLUDE
A  NOTICE  OF  LIABILITY  PURSUANT TO SECTION ELEVEN HUNDRED EIGHTY-B OF
THIS CHAPTER.
  S 5-a. Paragraph f of subdivision 1 of section 239 of the vehicle  and
traffic  law, as separately amended by sections 9 of chapters 20, 21, 22
and 383 of the laws of 2009, is amended to read as follows:
  f. "Notice of violation" means a notice of  violation  as  defined  in
subdivision nine of section two hundred thirty-seven of this article but
shall  not be deemed to include a notice of liability issued pursuant to
authorization set forth in section eleven hundred eleven-b of this chap-
ter as added by [section] SECTIONS sixteen  of  [the  chapter]  CHAPTERS
TWENTY,  TWENTY-ONE,  TWENTY-TWO  AND  THREE HUNDRED EIGHTY-THREE of the
laws of two thousand nine [which amended this paragraph] AND  SHALL  NOT
BE  DEEMED  TO  INCLUDE A NOTICE OF LIABILITY PURSUANT TO SECTION ELEVEN
HUNDRED EIGHTY-B OF THIS CHAPTER.
  S 5-b. Paragraph f of subdivision 1 of section 239 of the vehicle  and
traffic  law, as added by chapter 180 of the laws of 1980, is amended to
read as follows:
  f. "Notice of violation" means a notice of  violation  as  defined  in
subdivision nine of section two hundred thirty-seven of this article AND
SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY PURSUANT TO SECTION
ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER.
  S  6.  Subdivision 4 of section 239 of the vehicle and traffic law, as
amended by chapter 379 of the laws  of  1992,  is  amended  to  read  as
follows:
  4. Applicability. The provisions of paragraph b of subdivision two and
subdivision  three  of  this section shall not be applicable to determi-
nations of owner liability for the failure of an operator to comply with
subdivision (d) of section eleven hundred eleven  of  this  chapter  and
shall  not  be  applicable  to determinations of owner liability imposed
pursuant to section two thousand nine hundred eighty-five of the  public
authorities law and sections sixteen-a, sixteen-b and sixteen-c of chap-
ter seven hundred seventy-four of the laws of nineteen hundred fifty AND
SHALL  NOT  BE  APPLICABLE  TO  DETERMINATIONS  OF  OWNER  LIABILITY FOR
VIOLATIONS OF SUBDIVISIONS (C) AND (D) OF SECTION ELEVEN HUNDRED  EIGHTY
OF THIS CHAPTER.
  S 6-a. Section 239 of the vehicle and traffic law is amended by adding
a new subdivision 4 to read as follows:
  4. APPLICABILITY. THE PROVISIONS OF PARAGRAPH B OF SUBDIVISION TWO AND
SUBDIVISION  THREE  OF  THIS SECTION SHALL NOT BE APPLICABLE TO DETERMI-
NATIONS OF OWNER LIABILITY FOR VIOLATIONS OF SUBDIVISIONS (C) AND (D) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER.
  S 7. Subdivision 1 of section 240 of the vehicle and traffic  law,  as
separately  amended by sections 10 of chapters 20, 21, 22 and 383 of the
laws of 2009, is amended to read as follows:
  1. Notice of  hearing.  Whenever  a  person  charged  with  a  parking
violation  enters  a plea of not guilty or a person alleged to be liable
in accordance with section eleven hundred eleven-a of  this  chapter  or
section  eleven  hundred  eleven-b of this chapter as added by [section]
SECTIONS  sixteen  of  [the  chapter]   CHAPTERS   TWENTY,   TWENTY-ONE,
TWENTY-TWO  AND  THREE  HUNDRED EIGHTY-THREE of the laws of two thousand
nine [which amended this paragraph  subdivision],  for  a  violation  of

S. 4393--B                          6

subdivision  (d)  of  section  eleven  hundred  eleven  of  this chapter
contests such allegation, or a person alleged to be liable in accordance
with the provisions of section two thousand nine hundred eighty-five  of
the   public  authorities  law  or  sections  sixteen-a,  sixteen-b  and
sixteen-c of chapter seven hundred seventy-four of the laws of  nineteen
hundred  fifty,  OR A PERSON ALLEGED TO BE LIABLE IN ACCORDANCE WITH THE
PROVISIONS OF SECTION ELEVEN HUNDRED EIGHTY-B  OF  THIS  CHAPTER  FOR  A
VIOLATION  OF SUBDIVISION (C) OR (D) OF SECTION ELEVEN HUNDRED EIGHTY OF
THIS CHAPTER CONTESTS SUCH ALLEGATION,  the  bureau  shall  advise  such
person  personally  by such form of first class mail as the director may
direct of the date on which he or she must appear to answer  the  charge
at  a  hearing.  The form and content of such notice of hearing shall be
prescribed by the director, and shall contain a warning  to  advise  the
person  so  pleading  or  contesting  that failure to appear on the date
designated, or on any subsequent adjourned  date,  shall  be  deemed  an
admission of liability, and that a default judgment may be entered ther-
eon.
  S 7-a. Subdivision 1 of section 240 of the vehicle and traffic law, as
separately  amended by sections 11 of chapters 20, 21, 22 and 383 of the
laws of 2009, is amended to read as follows:
  1. Notice of  hearing.  Whenever  a  person  charged  with  a  parking
violation  enters  a plea of not guilty or a person alleged to be liable
in accordance with section eleven hundred eleven-b of  this  chapter  as
added  by  [section]  SECTIONS sixteen of [the chapter] CHAPTERS TWENTY,
TWENTY-ONE, TWENTY-TWO AND THREE HUNDRED EIGHTY-THREE of the laws of two
thousand nine [which amended this subdivision] for a violation of subdi-
vision (d) of section eleven hundred eleven  of  this  chapter  contests
such allegation, OR A PERSON ALLEGED TO BE LIABLE IN ACCORDANCE WITH THE
PROVISIONS  OF  SECTION  ELEVEN  HUNDRED  EIGHTY-B OF THIS CHAPTER FOR A
VIOLATION OF SUBDIVISION (C) OR (D) OF SECTION ELEVEN HUNDRED EIGHTY  OF
THIS  CHAPTER  CONTESTS  SUCH  ALLEGATION,  the bureau shall advise such
person personally by such form of first class mail as the  director  may
direct  of  the date on which he or she must appear to answer the charge
at a hearing. The form and content of such notice of  hearing  shall  be
prescribed  by  the  director, and shall contain a warning to advise the
person so pleading or contesting that failure  to  appear  on  the  date
designated,  or  on  any  subsequent  adjourned date, shall be deemed an
admission of liability, and that a default judgment may be entered ther-
eon.
  S 7-b. Subdivision 1 of section 240 of the vehicle and traffic law, as
added by chapter 715 of the laws of 1972, is amended to read as follows:
  1. Notice of  hearing.  Whenever  a  person  charged  with  a  parking
violation  enters a plea of not guilty, OR A PERSON ALLEGED TO BE LIABLE
IN ACCORDANCE WITH THE PROVISIONS OF SECTION ELEVEN HUNDRED EIGHTY-B  OF
THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (C) OR (D) OF SECTION ELEVEN
HUNDRED  EIGHTY  OF  THIS  CHAPTER  CONTESTS SUCH ALLEGATION, the bureau
shall advise such person personally by such form of first class mail  as
the  director  may  direct of the date on which he must appear to answer
the charge at a hearing. The form and content of such notice of  hearing
shall  be  prescribed  by  the  director, and shall contain a warning to
advise the person so pleading that failure to appear on the date  desig-
nated, or on any subsequent adjourned date, shall be deemed an admission
of liability, and that a default judgment may be entered thereon.
  S 8. Subdivision 1-a of section 240 of the vehicle and traffic law, as
separately  amended by sections 10 of chapters 20, 21, 22 and 383 of the
laws of 2009, is amended to read as follows:

S. 4393--B                          7

  1-a. Fines and penalties. Whenever a  plea  of  not  guilty  has  been
entered, or the bureau has been notified that an allegation of liability
in  accordance  with  section eleven hundred eleven-a of this chapter or
section eleven hundred eleven-b of this chapter as  added  by  [section]
SECTIONS   sixteen   of   [the  chapter]  CHAPTERS  TWENTY,  TWENTY-ONE,
TWENTY-TWO AND THREE HUNDRED EIGHTY-THREE of the laws  of  two  thousand
nine  [which  amended this subdivision] or an allegation of liability in
accordance with section two thousand nine  hundred  eighty-five  of  the
public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
chapter seven hundred seventy-four of the laws of nineteen hundred fifty
OR  AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
EIGHTY-B OF THIS CHAPTER, is being contested, by a person  in  a  timely
fashion and a hearing upon the merits has been demanded, but has not yet
been  held,  the bureau shall not issue any notice of fine or penalty to
that person prior to the date of the hearing.
  S 8-a. Subdivision 1-a of section 240 of the vehicle and traffic  law,
as  separately  amended by sections 11 of chapters 20, 21, 22 and 383 of
the laws of 2009, is amended to read as follows:
  1-a. Fines and penalties. Whenever a  plea  of  not  guilty  has  been
entered, or the bureau has been notified that an allegation of liability
in  accordance  with section eleven hundred eleven-b of this chapter, as
added by [section] SECTIONS sixteen of [the  chapter]  CHAPTERS  TWENTY,
TWENTY-ONE, TWENTY-TWO AND THREE HUNDRED EIGHTY-THREE of the laws of two
thousand  nine which amended this subdivision, is being contested, OR AN
ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT-
Y-B OF THIS CHAPTER, by a person in a timely fashion and a hearing  upon
the  merits  has  been  demanded,  but has not yet been held, the bureau
shall not issue any notice of fine or penalty to that  person  prior  to
the date of the hearing.
  S  8-b. Subdivision 1-a of section 240 of the vehicle and traffic law,
as added by chapter 365 of the laws of  1978,  is  amended  to  read  as
follows:
  1-a.  Fines  and  penalties.  Whenever  a  plea of not guilty has been
entered, OR THE BUREAU HAS BEEN NOTIFIED THAT AN ALLEGATION OF LIABILITY
IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS  CHAPTER,  IS
BEING  CONTESTED, by a person in a timely fashion and a hearing upon the
merits has been demanded, but has not yet been held,  the  bureau  shall
not issue any notice of fine or penalty to that person prior to the date
of the hearing.
  S 9. Paragraphs a and g of subdivision 2 of section 240 of the vehicle
and  traffic  law,  as separately amended by sections 10 of chapters 20,
21, 22 and 383 of the laws of 2009, are amended to read as follows:
  a. Every hearing for the adjudication of a charge of parking violation
or an allegation of liability in accordance with section eleven  hundred
eleven-a  of  this  chapter or in accordance with section eleven hundred
eleven-b of this chapter as added by [section] SECTIONS sixteen of  [the
chapter]  CHAPTERS  TWENTY,  TWENTY-ONE,  TWENTY-TWO  AND  THREE HUNDRED
EIGHTY-THREE of the laws of two thousand nine [which amended this  para-
graph]  or  an  allegation  of  liability in accordance with section two
thousand nine hundred eighty-five  of  the  public  authorities  law  or
sections  sixteen-a,  sixteen-b  and  sixteen-c of chapter seven hundred
seventy-four of the laws of nineteen hundred fifty OR AN  ALLEGATION  OF
LIABILITY  IN  ACCORDANCE  WITH  SECTION ELEVEN HUNDRED EIGHTY-B OF THIS
CHAPTER shall be held before a hearing examiner in accordance with rules
and regulations promulgated by the bureau.

S. 4393--B                          8

  g. A record shall be made of a hearing on a plea of not guilty or of a
hearing at which liability in accordance  with  section  eleven  hundred
eleven-a  of  this  chapter or in accordance with section eleven hundred
eleven-b of this chapter as added by [section] SECTIONS sixteen of  [the
chapter]  CHAPTERS  TWENTY,  TWENTY-ONE,  TWENTY-TWO  AND  THREE HUNDRED
EIGHTY-THREE of the laws of two thousand nine [which amended this  para-
graph]  is  contested  or  of a hearing at which liability in accordance
with section two thousand nine hundred eighty-five of the public author-
ities law or sections sixteen-a,  sixteen-b  and  sixteen-c  of  chapter
seven  hundred  seventy-four  of the laws of nineteen hundred fifty OR A
HEARING AT WHICH LIABILITY IN ACCORDANCE  WITH  SECTION  ELEVEN  HUNDRED
EIGHTY-B OF THIS CHAPTER is contested. Recording devices may be used for
the making of the record.
  S 9-a. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
cle  and  traffic  law, as separately amended by sections 11 of chapters
20, 21, 22 and 383 of the laws of 2009, are amended to read as follows:
  a. Every hearing for the adjudication of a charge of parking violation
or an allegation of liability in accordance with section eleven  hundred
eleven-b of this chapter, as added by [section] SECTIONS sixteen of [the
chapter]  CHAPTERS  TWENTY,  TWENTY-ONE,  TWENTY-TWO  AND  THREE HUNDRED
EIGHTY-THREE of the laws of two thousand nine [which amended this  para-
graph]  OR  AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED EIGHTY-B OF THIS CHAPTER shall be held before a hearing examiner
in accordance with rules and regulations promulgated by the bureau.
  g. A record shall be made of a hearing on a plea of not guilty or of a
hearing at which liability in accordance  with  section  eleven  hundred
eleven-b of this chapter, as added by [section] SECTIONS sixteen of [the
chapter]  CHAPTERS  TWENTY,  TWENTY-ONE,  TWENTY-TWO  AND  THREE HUNDRED
EIGHTY-THREE of the laws of two thousand nine [which amended this  para-
graph] OR A HEARING AT WHICH LIABILITY IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED EIGHTY-B OF THIS CHAPTER IS CONTESTED.  Recording devices may be
used for the making of the record.
  S 9-b. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
cle  and  traffic  law, as added by chapter 715 of the laws of 1972, are
amended to read as follows:
  a. Every hearing for the adjudication of a charge of parking violation
OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN  HUNDRED
EIGHTY-B  OF  THIS  CHAPTER  shall  be held before a hearing examiner in
accordance with rules and regulations promulgated by the bureau.
  g. A record shall be made of a hearing on a plea of not  guilty  OR  A
HEARING  AT  WHICH  LIABILITY  IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
EIGHTY-B OF THIS CHAPTER IS CONTESTED.   Recording devices may  be  used
for the making of the record.
  S  10.  Subdivisions 1 and 2 of section 241 of the vehicle and traffic
law, as separately amended by sections 12 of chapters 20, 21, 22 and 383
of the laws of 2009, are amended to read as follows:
  1. The hearing examiner shall make a  determination  on  the  charges,
either  sustaining or dismissing them. Where the hearing examiner deter-
mines that the charges have been sustained he or she may examine  either
the  prior  parking  violations  record  or  the  record  of liabilities
incurred in accordance with section  eleven  hundred  eleven-a  of  this
chapter  or  in  accordance with section eleven hundred eleven-b of this
chapter as added by [section] SECTIONS sixteen of [the chapter] CHAPTERS
TWENTY, TWENTY-ONE, TWENTY-TWO AND THREE  HUNDRED  EIGHTY-THREE  of  the
laws of two thousand nine [which amended this subdivision] or the record
of  liabilities  incurred  in  accordance with section two thousand nine

S. 4393--B                          9

hundred eighty-five of the public authorities law or sections sixteen-a,
sixteen-b and sixteen-c of chapter seven  hundred  seventy-four  of  the
laws  of  nineteen  hundred fifty of the person charged OR THE RECORD OF
LIABILITIES  INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B
OF THIS CHAPTER, as applicable prior to rendering a final determination.
Final determinations sustaining or dismissing charges shall  be  entered
on  a  final  determination  roll maintained by the bureau together with
records showing payment and nonpayment of penalties.
  2. Where an operator or owner fails to enter a plea to a charge  of  a
parking  violation  or  contest an allegation of liability in accordance
with section eleven hundred eleven-a of this chapter  or  in  accordance
with  section  eleven  hundred  eleven-b  of  this  chapter  as added by
[section] SECTIONS sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE,
TWENTY-TWO AND THREE HUNDRED EIGHTY-THREE of the laws  of  two  thousand
nine  [which amended this subdivision] or fails to contest an allegation
of liability in accordance with section two thousand nine hundred eight-
y-five of the public authorities law or  sections  sixteen-a,  sixteen-b
and sixteen-c of chapter seven hundred seventy-four of the laws of nine-
teen  hundred  fifty  OR  FAILS TO CONTEST AN ALLEGATION OF LIABILITY IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED  EIGHTY-B  OF  THIS  CHAPTER,  or
fails  to  appear  on  a designated hearing date or subsequent adjourned
date or fails after a hearing to comply  with  the  determination  of  a
hearing examiner, as prescribed by this article or by rule or regulation
of  the bureau, such failure to plead or contest, appear or comply shall
be deemed, for all purposes, an admission  of  liability  and  shall  be
grounds  for  rendering  and  entering  a  default judgment in an amount
provided by the rules and regulations of the bureau. However, after  the
expiration  of  the  original  date  prescribed  for entering a plea and
before a default judgment may be rendered, in such case the bureau shall
pursuant to the applicable provisions of law  notify  such  operator  or
owner,  by  such  form of first class mail as the commission may direct;
(1) of the violation charged, or liability in  accordance  with  section
eleven  hundred  eleven-a  of this chapter or in accordance with section
eleven hundred eleven-b of this chapter as added by  [section]  SECTIONS
sixteen  of  [the  chapter]  CHAPTERS TWENTY, TWENTY-ONE, TWENTY-TWO AND
THREE HUNDRED EIGHTY-THREE of the  laws  of  two  thousand  nine  [which
amended  this  subdivision]  alleged  or  liability  in  accordance with
section two thousand nine hundred eighty-five of the public  authorities
law  or  sections  sixteen-a,  sixteen-b  and sixteen-c of chapter seven
hundred seventy-four of the laws of nineteen hundred  fifty  alleged  OR
LIABILITY  IN  ACCORDANCE  WITH  SECTION ELEVEN HUNDRED EIGHTY-B OF THIS
CHAPTER ALLEGED, (2) of the impending default judgment,  (3)  that  such
judgment  will  be  entered  in the Civil Court of the city in which the
bureau has been established, or other court of civil jurisdiction or any
other place provided for the entry of civil judgments within  the  state
of New York, and (4) that a default may be avoided by entering a plea or
contesting  an allegation of liability in accordance with section eleven
hundred eleven-a of this chapter or in accordance  with  section  eleven
hundred  eleven-b of this chapter as added by [section] SECTIONS sixteen
of [the chapter]  CHAPTERS  TWENTY,  TWENTY-ONE,  TWENTY-TWO  AND  THREE
HUNDRED  EIGHTY-THREE  of  the  laws of two thousand nine [which amended
this subdivision] or contesting an allegation of liability in accordance
with section two thousand nine hundred eighty-five of the public author-
ities law or sections sixteen-a,  sixteen-b  and  sixteen-c  of  chapter
seven  hundred  seventy-four  of  the  laws of nineteen hundred fifty OR
CONTESTING AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION  ELEVEN

S. 4393--B                         10

HUNDRED  EIGHTY-B  OF THIS CHAPTER, as appropriate, or making an appear-
ance within thirty days of the sending of such notice. Pleas entered and
allegations  contested  within  that  period  shall  be  in  the  manner
prescribed  in  the notice and not subject to additional penalty or fee.
Such notice of impending default judgment shall not be required prior to
the rendering and entry thereof in the case of operators or  owners  who
are  non-residents  of the state of New York. In no case shall a default
judgment be rendered or, where required, a notice of  impending  default
judgment  be  sent, more than two years after the expiration of the time
prescribed for entering a plea  or  contesting  an  allegation.  When  a
person  has  demanded a hearing, no fine or penalty shall be imposed for
any reason, prior to the holding of the hearing. If the hearing examiner
shall make a determination on the charges, sustaining them,  he  OR  SHE
shall impose no greater penalty or fine than those upon which the person
was originally charged.
  S 10-a. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
law, as separately amended by sections 13 of chapters 20, 21, 22 and 383
of the laws of 2009, are amended to read as follows:
  1.  The  hearing  examiner  shall make a determination on the charges,
either sustaining or dismissing them. Where the hearing examiner  deter-
mines  that the charges have been sustained he or she may examine either
the prior  parking  violations  record  or  the  record  of  liabilities
incurred  in  accordance  with  section  eleven hundred eleven-b of this
chapter as added by [section] SECTIONS sixteen of [the chapter] CHAPTERS
TWENTY, TWENTY-ONE, TWENTY-TWO AND THREE  HUNDRED  EIGHTY-THREE  of  the
laws of two thousand nine [which amended this subdivision] of the person
charged,  OR  THE  RECORD  OF  LIABILITIES  INCURRED  IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER, as applicable prior  to
rendering  a  final  determination.  Final  determinations sustaining or
dismissing charges shall be entered on a final determination roll  main-
tained  by  the bureau together with records showing payment and nonpay-
ment of penalties.
  2. Where an operator or owner fails to enter a plea to a charge  of  a
parking  violation  or  contest an allegation of liability in accordance
with section eleven  hundred  eleven-b  of  this  chapter  as  added  by
[section] SECTIONS sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE,
TWENTY-TWO  AND  THREE  HUNDRED EIGHTY-THREE of the laws of two thousand
nine [which amended this subdivision], OR FAILS TO CONTEST AN ALLEGATION
OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B OF  THIS
CHAPTER,  or  fails to appear on a designated hearing date or subsequent
adjourned date or fails after a hearing to comply with the determination
of a hearing examiner, as prescribed by this article or by rule or regu-
lation of the bureau, such failure to plead, contest, appear  or  comply
shall  be  deemed, for all purposes, an admission of liability and shall
be grounds for rendering and entering a default judgment  in  an  amount
provided  by the rules and regulations of the bureau. However, after the
expiration of the original date  prescribed  for  entering  a  plea  and
before a default judgment may be rendered, in such case the bureau shall
pursuant  to  the  applicable  provisions of law notify such operator or
owner, by such form of first class mail as the  commission  may  direct;
(1)  of  the  violation charged, or liability in accordance with section
eleven hundred eleven-b of this chapter, as added by [section]  SECTIONS
sixteen  of  [the  chapter]  CHAPTERS TWENTY, TWENTY-ONE, TWENTY-TWO AND
THREE HUNDRED EIGHTY-THREE of the  laws  of  two  thousand  nine  [which
amended  this  subdivision],  alleged,  OR  LIABILITY IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED EIGHTY-B OF THIS  CHAPTER  ALLEGED,  (2)  of  the

S. 4393--B                         11

impending  default  judgment,  (3) that such judgment will be entered in
the Civil Court of the city in which the bureau has been established, or
other court of civil jurisdiction or any other place  provided  for  the
entry  of  civil  judgments within the state of New York, and (4) that a
default may be avoided by entering a plea or contesting an allegation of
liability in accordance with section eleven  hundred  eleven-b  of  this
chapter as added by [section] SECTIONS sixteen of [the chapter] CHAPTERS
TWENTY,  TWENTY-ONE,  TWENTY-TWO  AND  THREE HUNDRED EIGHTY-THREE of the
laws of two thousand nine [which amended this subdivision] OR CONTESTING
AN ALLEGATION OF LIABILITY IN ACCORDANCE  WITH  SECTION  ELEVEN  HUNDRED
EIGHTY-B OF THIS CHAPTER, as appropriate, or making an appearance within
thirty days of the sending of such notice. Pleas entered and allegations
contested  within  that  period shall be in the manner prescribed in the
notice and not subject to additional penalty  or  fee.  Such  notice  of
impending  default judgment shall not be required prior to the rendering
and entry thereof in the case of operators or owners who  are  non-resi-
dents  of  the state of New York. In no case shall a default judgment be
rendered or, where required, a notice of impending default  judgment  be
sent,  more  than  two years after the expiration of the time prescribed
for entering a plea or contesting  an  allegation.  When  a  person  has
demanded  a hearing, no fine or penalty shall be imposed for any reason,
prior to the holding of the hearing. If the hearing examiner shall  make
a  determination on the charges, sustaining them, he or she shall impose
no greater penalty  or  fine  than  those  upon  which  the  person  was
originally charged.
  S 10-b. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
law,  subdivision  1  as  added  by  chapter 715 of the laws of 1972 and
subdivision 2 as amended by chapter 365 of the laws of 1978, are amended
to read as follows:
  1. The hearing examiner shall make a  determination  on  the  charges,
either  sustaining or dismissing them. Where the hearing examiner deter-
mines that the charges have been sustained he OR SHE may examine  EITHER
the prior parking violations record of the person charged, OR THE RECORD
OF LIABILITIES INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT-
Y-B  OF THIS CHAPTER, AS APPLICABLE, prior to rendering a final determi-
nation. Final determinations sustaining or dismissing charges  shall  be
entered  on a final determination roll maintained by the bureau together
with records showing payment and nonpayment of penalties.
  2. Where an operator or owner fails to enter a plea to a charge  of  a
parking  violation  OR  FAILS  TO  CONTEST AN ALLEGATION OF LIABILITY IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED  EIGHTY-B  OF  THIS  CHAPTER,  or
fails  to  appear  on  a designated hearing date or subsequent adjourned
date or fails after a hearing to comply  with  the  determination  of  a
hearing examiner, as prescribed by this article or by rule or regulation
of  the bureau, such failure to plead, appear or comply shall be deemed,
for all purposes, an admission of liability and  shall  be  grounds  for
rendering  and  entering a default judgment in an amount provided by the
rules and regulations of the bureau. However, after  the  expiration  of
the  original  date  prescribed for entering a plea and before a default
judgment may be rendered, in such case the bureau shall pursuant to  the
applicable provisions of law notify such operator or owner, by such form
of  first  class mail as the commission may direct; (1) of the violation
charged OR LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED  EIGHTY-B
OF THIS CHAPTER ALLEGED, (2) of the impending default judgment, (3) that
such  judgment  will  be entered in the Civil Court of the city in which
the bureau has been established, or other court of civil jurisdiction or

S. 4393--B                         12

any other place provided for the entry of  civil  judgments  within  the
state  of  New York, and (4) that a default may be avoided by entering a
plea, OR CONTESTING  AN  ALLEGATION  OF  LIABILITY  IN  ACCORDANCE  WITH
SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER, or making an appearance
within  thirty  days of the sending of such notice. Pleas entered within
that period shall be in the manner prescribed  in  the  notice  and  not
subject  to  additional penalty or fee. Such notice of impending default
judgment shall not be required prior to the rendering and entry  thereof
in the case of operators or owners who are non-residents of the state of
New  York.  In  no  case  shall a default judgment be rendered or, where
required, a notice of impending default judgment be sent, more than  two
years  after  the expiration of the time prescribed for entering a plea.
When a person has demanded a  hearing,  no  fine  or  penalty  shall  be
imposed  for  any  reason,  prior  to the holding of the hearing. If the
hearing examiner shall make a determination on the  charges,  sustaining
them,  he OR SHE shall impose no greater penalty or fine than those upon
which the person was originally charged.
  S 11. Subparagraph (i) of paragraph a of subdivision  5-a  of  section
401  of the vehicle and traffic law, as separately amended by sections 1
of chapters 19 and 23 and sections 14 of chapters 20, 21, 22 and 383  of
the laws of 2009, is amended to read as follows:
  (i) If at the time of application for a registration or renewal there-
of  there  is  a  certification from a court, parking violations bureau,
traffic and parking violations  agency  or  administrative  tribunal  of
appropriate  jurisdiction  or  administrative  tribunal  of  appropriate
jurisdiction that the registrant or his or her representative failed  to
appear  on the return date or any subsequent adjourned date or failed to
comply with the rules and  regulations  of  an  administrative  tribunal
following  entry  of a final decision in response to a total of three or
more summonses or other process in the aggregate, issued within an eigh-
teen month period, charging either  that  (i)  such  motor  vehicle  was
parked, stopped or standing, or that such motor vehicle was operated for
hire  by  the registrant or his or her agent without being licensed as a
motor vehicle for hire by the appropriate local authority, in  violation
of  any of the provisions of this chapter or of any law, ordinance, rule
or regulation made by a local  authority  or  (ii)  the  registrant  was
liable  in accordance with section eleven hundred eleven-a of this chap-
ter or section eleven hundred eleven-b of this chapter for  a  violation
of  subdivision  (d) of section eleven hundred eleven of this chapter OR
(III) THE REGISTRANT  WAS  LIABLE  IN  ACCORDANCE  WITH  SECTION  ELEVEN
HUNDRED  EIGHTY-B  OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (C) OR
(D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER,  the  commissioner
or  his  or her agent shall deny the registration or renewal application
until the applicant provides proof from the court, traffic  and  parking
violations  agency  or  administrative  tribunal wherein the charges are
pending that an appearance or answer has been made or in the case of  an
administrative  tribunal  that he or she has complied with the rules and
regulations of said tribunal following entry of a final decision.  Where
an application is denied pursuant to this section, the commissioner may,
in  his or her discretion, deny a registration or renewal application to
any other person for the same vehicle and may  deny  a  registration  or
renewal  application  for any other motor vehicle registered in the name
of the applicant where the commissioner has determined that such  regis-
trant's  intent  has  been to evade the purposes of this subdivision and
where the commissioner has  reasonable  grounds  to  believe  that  such
registration  or  renewal will have the effect of defeating the purposes

S. 4393--B                         13

of this subdivision. Such denial shall only remain in effect as long  as
the  summonses  remain  unanswered,  or in the case of an administrative
tribunal, the registrant fails to comply with the rules and  regulations
following entry of a final decision.
  S  11-a.  Paragraph a of subdivision 5-a of section 401 of the vehicle
and traffic law, as separately amended by sections 2 of chapters 19  and
23  and  sections 15 of chapters 20, 21, 22 and 383 of the laws of 2009,
is amended to read as follows:
  a. If at the time of application for a registration or renewal thereof
there is a certification from a  court  or  administrative  tribunal  of
appropriate  jurisdiction  that  the  registrant or his or her represen-
tative failed to appear on the return date or any  subsequent  adjourned
date  or  failed to comply with the rules and regulations of an adminis-
trative tribunal following entry of a final decision in  response  to  a
total  of  three  or  more  summonses or other process in the aggregate,
issued within an eighteen month period, charging either  that  (i)  such
motor  vehicle was parked, stopped or standing, or that such motor vehi-
cle was operated for hire by the registrant or his or her agent  without
being  licensed  as  a  motor  vehicle for hire by the appropriate local
authority, in violation of any of the provisions of this chapter  or  of
any law, ordinance, rule or regulation made by a local authority or (ii)
the  registrant  was  liable  in  accordance with section eleven hundred
eleven-b of this chapter for a violation of subdivision (d)  of  section
eleven hundred eleven of this chapter OR (III) THE REGISTRANT WAS LIABLE
IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER FOR A
VIOLATION  OF SUBDIVISION (C) OR (D) OF SECTION ELEVEN HUNDRED EIGHTY OF
THIS CHAPTER, the commissioner or his or her agent shall deny the regis-
tration or renewal application until the applicant provides  proof  from
the  court  or  administrative  tribunal wherein the charges are pending
that an appearance or answer has been made or in the case of an adminis-
trative tribunal that he or she has complied with the  rules  and  regu-
lations  of  said tribunal following entry of a final decision. Where an
application is denied pursuant to this section, the commissioner may, in
his or her discretion, deny a registration or renewal application to any
other person for the same vehicle and may deny a registration or renewal
application for any other motor vehicle registered in the  name  of  the
applicant  where  the commissioner has determined that such registrant's
intent has been to evade the purposes of this subdivision and where  the
commissioner has reasonable grounds to believe that such registration or
renewal  will have the effect of defeating the purposes of this subdivi-
sion. Such denial shall only remain in effect as long as  the  summonses
remain  unanswered,  or  in  the case of an administrative tribunal, the
registrant fails to comply with  the  rules  and  regulations  following
entry of a final decision.
  S  11-b.  Paragraph a of subdivision 5-a of section 401 of the vehicle
and traffic law, as separately amended by chapters 339 and  592  of  the
laws of 1987, is amended to read as follows:
  a. If at the time of application for a registration or renewal thereof
there  is  a  certification  from  a court or administrative tribunal of
appropriate jurisdiction  that  the  registrant  or  his  representative
failed  to appear on the return date or any subsequent adjourned date or
failed to comply with the rules and  regulations  of  an  administrative
tribunal  following  entry  of  a final decision in response to three or
more summonses or other process, issued within an eighteen month period,
charging that: (A) such motor vehicle was parked, stopped  or  standing,
or  that  such  motor vehicle was operated for hire by the registrant or

S. 4393--B                         14

his OR HER agent without being licensed as a motor vehicle for  hire  by
the  appropriate  local authority, in violation of any of the provisions
of this chapter or of any law, ordinance, rule or regulation made  by  a
local  authority,  OR  (B)  THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED EIGHTY-B OF  THIS  CHAPTER  FOR  A  VIOLATION  OF
SUBDIVISION (C) OR (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER,
the  commissioner  or  his  OR  HER agent shall deny the registration or
renewal application until the applicant provides proof from the court or
administrative tribunal wherein the charges are pending that an  appear-
ance  or answer has been made or in the case of an administrative tribu-
nal that he has complied with the rules and regulations of said tribunal
following entry of a final decision.  Where  an  application  is  denied
pursuant  to this section, the commissioner may, in his discretion, deny
a registration or renewal application to any other person for  the  same
vehicle and may deny a registration or renewal application for any other
motor  vehicle registered in the name of the applicant where the commis-
sioner has determined that such registrant's intent has  been  to  evade
the  purposes of this subdivision and where the commissioner has reason-
able grounds to believe that such registration or renewal will have  the
effect  of defeating the purposes of this subdivision. Such denial shall
only remain in effect as long as the summonses remain unanswered, or  in
the  case  of an administrative tribunal, the registrant fails to comply
with the rules and regulations following entry of a final decision.
  S 12. The vehicle and traffic law is amended by adding a  new  section
1180-b to read as follows:
  S  1180-B.  OWNER  LIABILITY  FOR  FAILURE  OF OPERATOR TO COMPLY WITH
APPLICABLE MAXIMUM SPEED LIMIT. 1. NOTWITHSTANDING ANY  OTHER  PROVISION
OF  LAW,  EACH  CITY  WITH A POPULATION OF ONE MILLION OR MORE IS HEREBY
AUTHORIZED AND EMPOWERED TO ESTABLISH A DEMONSTRATION  PROGRAM  IMPOSING
MONETARY  LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR
THEREOF TO COMPLY WITH THE APPLICABLE MAXIMUM SPEED LIMIT IN  SUCH  CITY
IN  ACCORDANCE  WITH  THE  PROVISIONS  OF THIS SECTION.   SUCH CITY, FOR
PURPOSES OF THE IMPLEMENTATION OF  SUCH  PROGRAM,  SHALL  OPERATE  SPEED
LIMIT  PHOTO DEVICES WITHIN SUCH CITY AT NO MORE THAN FORTY AND NO FEWER
THAN TWENTY LOCATIONS AT ANY ONE TIME DURING ANY YEAR OF  SUCH  PROGRAM.
SUCH  SPEED LIMIT PHOTO DEVICES MAY BE STATIONARY OR MOBILE AND SHALL BE
ACTIVATED AT LOCATIONS SELECTED BY SUCH CITY.
  2. IN ANY CITY THAT HAS ESTABLISHED A DEMONSTRATION  PROGRAM  PURSUANT
TO  SUBDIVISION  ONE  OF  THIS  SECTION, THE OWNER OF A VEHICLE SHALL BE
LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION  IF  SUCH  VEHICLE
WAS  USED  OR  OPERATED  WITH  THE  PERMISSION  OF THE OWNER, EXPRESS OR
IMPLIED, IN VIOLATION OF  SUBDIVISION  (C)  OR  (D)  OF  SECTION  ELEVEN
HUNDRED  EIGHTY  OF  THIS  ARTICLE,  AND  SUCH VIOLATION IS EVIDENCED BY
INFORMATION OBTAINED FROM A SPEED LIMIT PHOTO DEVICE;  PROVIDED  HOWEVER
THAT  NO OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED PURSU-
ANT TO THIS  SECTION  WHERE  THE  OPERATOR  OF  SUCH  VEHICLE  HAS  BEEN
CONVICTED  OF  THE  UNDERLYING  VIOLATION  OF  SUBDIVISION (C) OR (D) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
  3. SUCH DEMONSTRATION PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES  TO
ENSURE,  TO  THE  EXTENT  PRACTICABLE, THAT PHOTOGRAPHS PRODUCED BY SUCH
SPEED LIMIT PHOTO DEVICES SHALL NOT INCLUDE  IMAGES  THAT  IDENTIFY  THE
DRIVER,  THE PASSENGERS OR THE CONTENTS OF THE VEHICLE, PROVIDED, HOWEV-
ER, THAT NO NOTICE OF LIABILITY ISSUED PURSUANT TO THIS SECTION SHALL BE
DISMISSED SOLELY BECAUSE A PHOTOGRAPH OR PHOTOGRAPHS ALLOW FOR THE IDEN-
TIFICATION OF THE DRIVER, THE PASSENGERS OR OTHER CONTENTS OF A VEHICLE,

S. 4393--B                         15

PROVIDED THAT SUCH CITY HAS MADE A REASONABLE EFFORT TO COMPLY WITH  THE
PROVISIONS OF THIS SUBDIVISION.
  4.  SUCH  DEMONSTRATION PROGRAM SHALL INCLUDE A PROHIBITION ON THE USE
OR DISSEMINATION OF VEHICLES' LICENSE PLATE INFORMATION AND OTHER INFOR-
MATION AND IMAGES CAPTURED BY SPEED CAMERAS EXCEPT AS REQUIRED TO ESTAB-
LISH LIABILITY UNDER THIS  SECTION  OR  COLLECT  PAYMENT  OF  PENALTIES;
EXCEPT  AS REQUIRED TO RESPOND TO A REQUEST BY LAW ENFORCEMENT OFFICIALS
PERTAINING TO A SPECIFIC ACCIDENT OR SPECIFIC INCIDENT OF ALLEGED CRIMI-
NAL CONDUCT; OR EXCEPT AS OTHERWISE REQUIRED BY LAW.
  5. FOR PURPOSES OF  THIS  SECTION,  "OWNER"  SHALL  HAVE  THE  MEANING
PROVIDED  IN  SECTION  TWO  HUNDRED  THIRTY-NINE  OF  THIS  CHAPTER. FOR
PURPOSES OF THIS SECTION, "SPEED LIMIT PHOTO DEVICE" SHALL  MEAN  EQUIP-
MENT  THAT  TAKES A FILM OR DIGITAL CAMERA-BASED PHOTOGRAPH, MICROPHOTO-
GRAPH, VIDEO, OR OTHER RECORDED IMAGE WHICH IS LINKED WITH  A  VIOLATION
DETECTION SYSTEM THAT SYNCHRONIZES THE TAKING OF SUCH IMAGE OF A VEHICLE
AT  THE TIME THE VEHICLE IS USED OR OPERATED IN VIOLATION OF SUBDIVISION
(C) OR (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
  6. A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY THE
CITY IN WHICH THE CHARGED VIOLATION OCCURRED OR ITS VENDOR  OR  CONTRAC-
TOR,  OR  A  FACSIMILE  THEREOF,  BASED  UPON INSPECTION OF PHOTOGRAPHS,
MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY A SPEED
LIMIT PHOTO DEVICE, SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED
THEREIN. ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER  RECORDED
IMAGES  EVIDENCING SUCH A VIOLATION SHALL BE AVAILABLE FOR INSPECTION IN
ANY PROCEEDING TO ADJUDICATE THE LIABILITY FOR SUCH  VIOLATION  PURSUANT
TO THIS SECTION.
  7.  AN  OWNER  LIABLE  FOR  A  VIOLATION  OF SUBDIVISION (C) OR (D) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE SHALL BE LIABLE FOR  MONE-
TARY  PENALTIES  IN  ACCORDANCE  WITH  A SCHEDULE OF FINES AND PENALTIES
PROMULGATED BY THE PARKING VIOLATIONS BUREAU  OF  SUCH  CITY;  PROVIDED,
HOWEVER,  THAT  THE  MONETARY PENALTY FOR DIVING AT A SPEED IN EXCESS OF
THE MAXIMUM SPEED LIMIT BY NOT MORE THAN TEN MILES PER  HOUR  SHALL  NOT
EXCEED  FIFTY  DOLLARS,  THE  MONETARY PENALTY FOR DRIVING AT A SPEED IN
EXCESS OF THE MAXIMUM SPEED LIMIT BY MORE THAN TEN AND LESS THAN  THIRTY
MILES  PER  HOUR SHALL NOT EXCEED SEVENTY-FIVE DOLLARS, AND THE MONETARY
PENALTY FOR DRIVING IN EXCESS OF THE MAXIMUM SPEED LIMIT  BY  MORE  THAN
THIRTY  MILES  PER  HOUR  SHALL  NOT  EXCEED  ONE HUNDRED FIFTY DOLLARS;
PROVIDED, FURTHER, THAT AN OWNER  SHALL  BE  LIABLE  FOR  AN  ADDITIONAL
PENALTY  NOT  TO  EXCEED  TWENTY-FIVE DOLLARS FOR EACH VIOLATION FOR THE
FAILURE TO RESPOND TO A NOTICE OF LIABILITY WITHIN THE  PRESCRIBED  TIME
PERIOD.
  8.  AN  IMPOSITION  OF LIABILITY PURSUANT TO THIS SECTION SHALL NOT BE
DEEMED A CONVICTION AS AN OPERATOR AND SHALL NOT BE  MADE  PART  OF  THE
OPERATING  RECORD  OF THE PERSON UPON WHOM SUCH LIABILITY IS IMPOSED NOR
SHALL IT BE USED FOR INSURANCE PURPOSES IN THE PROVISION OF MOTOR  VEHI-
CLE INSURANCE COVERAGE.
  9.  (A)  A  NOTICE  OF  LIABILITY SHALL BE SENT BY FIRST CLASS MAIL IN
ACCORDANCE WITH THIS SECTION TO EACH PERSON ALLEGED TO BE LIABLE  AS  AN
OWNER  FOR  A  VIOLATION  OF  SUBDIVISION  (C)  OR (D) OF SECTION ELEVEN
HUNDRED EIGHTY OF THIS ARTICLE. PERSONAL DELIVERY ON THE OWNER SHALL NOT
BE REQUIRED. A MANUAL OR AUTOMATIC RECORD OF  MAILING  PREPARED  IN  THE
ORDINARY  COURSE  OF BUSINESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS
CONTAINED THEREIN.
  (B) A NOTICE OF LIABILITY SHALL CONTAIN THE NAME AND  ADDRESS  OF  THE
PERSON  ALLEGED  TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION
(C) OR (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE, THE  REGIS-

S. 4393--B                         16

TRATION  NUMBER  OF THE VEHICLE INVOLVED IN SUCH VIOLATION, THE LOCATION
WHERE SUCH VIOLATION TOOK PLACE, THE DATE AND TIME OF SUCH VIOLATION AND
THE IDENTIFICATION NUMBER OF THE SPEED LIMIT PHOTO DEVICE WHICH RECORDED
THE VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER.
  (C)  THE  NOTICE  OF  LIABILITY SHALL CONTAIN INFORMATION ADVISING THE
PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE OR SHE MAY CONTEST
THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO
CONTAIN A WARNING TO ADVISE THE PERSONS CHARGED THAT FAILURE TO  CONTEST
IN  THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF LIABIL-
ITY AND THAT A DEFAULT JUDGEMENT MAY BE ENTERED THEREON.
  (D) THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE AGENCY
OR AGENCIES DESIGNATED BY SUCH CITY.
  10. IF AN OWNER OF A VEHICLE RECEIVES A NOTICE OF  LIABILITY  PURSUANT
TO  THIS  SECTION  FOR  ANY  TIME  PERIOD  DURING WHICH SUCH VEHICLE WAS
REPORTED TO THE POLICE DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL  BE  A
VALID  DEFENSE TO AN ALLEGATION OF LIABILITY FOR A VIOLATION OF SUBDIVI-
SION (C) OR (D) OF SECTION ELEVEN HUNDRED EIGHTY OF  THIS  ARTICLE  THAT
THE  VEHICLE HAD BEEN REPORTED TO THE POLICE AS STOLEN PRIOR TO THE TIME
THE VIOLATION OCCURRED AND HAD NOT BEEN  RECOVERED  BY  SUCH  TIME.  FOR
PURPOSES  OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION IT SHALL
BE SUFFICIENT THAT AN ORIGINAL INCIDENT FORM ISSUED BY THE POLICE ON THE
STOLEN VEHICLE BE SENT BY FIRST CLASS MAIL  TO  THE  PARKING  VIOLATIONS
BUREAU OF SUCH CITY.
  11.  (A)  AN  OWNER  WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF
LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION SEVEN OF THIS SECTION SHALL
NOT BE LIABLE FOR THE VIOLATION OF SUBDIVISION (C)  OR  (D)  OF  SECTION
ELEVEN HUNDRED EIGHTY OF THIS ARTICLE, PROVIDED THAT:
  (I)  PRIOR  TO  THE  VIOLATION, THE LESSOR HAS FILED WITH SUCH PARKING
VIOLATIONS BUREAU IN ACCORDANCE  WITH  THE  PROVISIONS  OF  SECTION  TWO
HUNDRED THIRTY-NINE OF THIS CHAPTER; AND
  (II)  WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM SUCH BUREAU
OF THE DATE AND TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFORMATION
CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY,  THE  LESSOR  SUBMITS  TO
SUCH  BUREAU  THE  CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE
IDENTIFIED IN THE NOTICE OF LIABILITY AT THE  TIME  OF  SUCH  VIOLATION,
TOGETHER WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL,
LEASE  OR OTHER CONTRACT DOCUMENT, AS MAY BE REASONABLY REQUIRED BY SUCH
BUREAU PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE.
  (B) FAILURE TO COMPLY WITH SUBPARAGRAPH (II) OF PARAGRAPH (A) OF  THIS
SUBDIVISION  SHALL RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED IN
THIS SECTION.
  (C) WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF PARAGRAPH (A)  OF
THIS  SUBDIVISION,  THE  LESSEE  OF  SUCH  VEHICLE  ON  THE DATE OF SUCH
VIOLATION SHALL BE DEEMED TO BE THE OWNER OF SUCH VEHICLE  FOR  PURPOSES
OF THIS SECTION, SHALL BE SUBJECT TO LIABILITY FOR SUCH VIOLATION PURSU-
ANT  TO THIS SECTION AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO
SUBDIVISION SEVEN OF THIS SECTION.
  12. IF THE OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (C) OR  (D)  OF
SECTION  ELEVEN  HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO THIS SECTION
WAS NOT THE OPERATOR OF THE VEHICLE AT THE TIME OF  THE  VIOLATION,  THE
OWNER MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR.
  13.  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF SUBDIVISION (C) OR  (D)
OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
  14.  ANY CITY THAT ADOPTS A DEMONSTRATION PROGRAM PURSUANT TO SUBDIVI-
SION ONE OF THIS SECTION SHALL SUBMIT A REPORT ON THE RESULTS OF THE USE

S. 4393--B                         17

OF SPEED LIMIT PHOTO DEVICES TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF
THE SENATE AND THE SPEAKER OF THE ASSEMBLY BY APRIL FIRST, TWO  THOUSAND
FOURTEEN. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (A)  A  DESCRIPTION  OF  THE LOCATIONS WHERE SPEED LIMIT PHOTO DEVICES
WERE USED;
  (B) THE NUMBER OF VIOLATIONS RECORDED AT EACH SUCH LOCATION AND IN THE
AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS;
  (C) THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED;
  (D) THE NUMBER OF FINES AND TOTAL AMOUNT OF  FINES  PAID  AFTER  FIRST
NOTICE OF LIABILITY;
  (E)  THE  NUMBER OF VIOLATIONS ADJUDICATED AND RESULTS OF SUCH ADJUDI-
CATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE;
  (F) THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH CITY; AND
  (G) QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
  S 13. The opening paragraph and paragraph  (c)  of  subdivision  1  of
section  1809  of  the vehicle and traffic law, as separately amended by
sections 4 of chapters 19 and 23 and sections 17 of chapters 20, 21,  22
and 383 of the laws of 2009, are amended to read as follows:
  Whenever  proceedings in an administrative tribunal or a court of this
state result in a conviction for an offense  under  this  chapter  or  a
traffic  infraction  under this chapter, or a local law, ordinance, rule
or regulation adopted pursuant to this chapter,  other  than  a  traffic
infraction  involving  standing,  stopping,  or parking or violations by
pedestrians or bicyclists, or other than an adjudication of liability of
an owner for a violation of subdivision (d) of  section  eleven  hundred
eleven  of  this  chapter  in  accordance  with  section  eleven hundred
eleven-a of this chapter, or other than an adjudication of liability  of
an  owner  for  a violation of subdivision (d) of section eleven hundred
eleven of  this  chapter  in  accordance  with  section  eleven  hundred
eleven-b  of this chapter, OR OTHER THAN AN ADJUDICATION OF LIABILITY OF
AN OWNER FOR A VIOLATION OF SUBDIVISION (C) OR  (D)  OF  SECTION  ELEVEN
HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
EIGHTY-B  OF  THIS CHAPTER, there shall be levied a crime victim assist-
ance fee and a mandatory surcharge, in addition to any sentence required
or permitted by law, in accordance with the following schedule:
  (c) Whenever proceedings in an administrative tribunal or a  court  of
this  state  result  in  a  conviction for an offense under this chapter
other than a crime pursuant to section eleven hundred ninety-two of this
chapter, or a traffic infraction under this chapter,  or  a  local  law,
ordinance,  rule  or  regulation adopted pursuant to this chapter, other
than a traffic infraction involving standing, stopping,  or  parking  or
violations  by  pedestrians or bicyclists, or other than an adjudication
of liability of an owner for a violation of subdivision (d)  of  section
eleven  hundred eleven of this chapter in accordance with section eleven
hundred eleven-a of this chapter,  or  other  than  an  adjudication  of
liability  of  an  owner  for  a violation of subdivision (d) of section
eleven hundred eleven of this chapter in accordance with section  eleven
hundred  eleven-b  of this chapter, or other than an infraction pursuant
to article nine of this chapter or other than an adjudication of liabil-
ity of an owner for a violation of toll collection regulations  pursuant
to  section two thousand nine hundred eighty-five of the public authori-
ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
hundred seventy-four of the laws of nineteen  hundred  fifty,  OR  OTHER
THAN  AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDI-
VISION (C) OR (D) OF SECTION ELEVEN HUNDRED EIGHTY OF  THIS  CHAPTER  IN
ACCORDANCE  WITH  SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER, there

S. 4393--B                         18

shall be levied a crime victim assistance fee  in  the  amount  of  five
dollars  and a mandatory surcharge, in addition to any sentence required
or permitted by law, in the amount of fifty-five dollars.
  S  13-a. Subdivision 1 of section 1809 of the vehicle and traffic law,
as separately amended by sections 5 of chapters 19 and 23  and  sections
18  of  chapters  20,  21, 22 and 383 of the laws of 2009, is amended to
read as follows:
  1. Whenever proceedings in an administrative tribunal or  a  court  of
this  state  result  in a conviction for a crime under this chapter or a
traffic infraction under this chapter, or a local law,  ordinance,  rule
or  regulation  adopted  pursuant  to this chapter, other than a traffic
infraction involving standing, stopping, parking or motor vehicle equip-
ment or violations by pedestrians or bicyclists, or other than an  adju-
dication  of liability of an owner for a violation of subdivision (d) of
section eleven hundred eleven of this chapter in accordance with section
eleven hundred eleven-a of this chapter, or other than  an  adjudication
of  liability  of an owner for a violation of subdivision (d) of section
eleven hundred eleven of this chapter in accordance with section  eleven
hundred  eleven-b  of  this  chapter,  OR  OTHER THAN AN ADJUDICATION OF
LIABILITY OF AN OWNER FOR A VIOLATION  OF  SUBDIVISION  (C)  OR  (D)  OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION
ELEVEN  HUNDRED EIGHTY-B OF THIS CHAPTER, there shall be levied a manda-
tory surcharge, in addition to any sentence  required  or  permitted  by
law, in the amount of twenty-five dollars.
  S  13-b. Subdivision 1 of section 1809 of the vehicle and traffic law,
as separately amended by chapter 16 of the laws of 1983 and  chapter  62
of the laws of 1989, is amended to read as follows:
  1.  Whenever  proceedings  in an administrative tribunal or a court of
this state result in a conviction for a crime under this  chapter  or  a
traffic  infraction  under  this chapter other than a traffic infraction
involving standing, stopping, parking  or  motor  vehicle  equipment  or
violations  by  pedestrians or bicyclists, OR OTHER THAN AN ADJUDICATION
OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (C)  OR  (D)  OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION
ELEVEN  HUNDRED EIGHTY-B OF THIS CHAPTER, there shall be levied a manda-
tory surcharge, in addition to any sentence  required  or  permitted  by
law, in the amount of seventeen dollars.
  S  14.  Subdivision  2  of  section  87  of the public officers law is
amended by adding a new paragraph (1) to read as follows:
  (1) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS,  VIDEOTAPE  OR  OTHER  RECORDED
IMAGES  PRODUCED  BY A SPEED LIMIT PHOTO DEVICE PREPARED UNDER AUTHORITY
OF SECTION ELEVEN HUNDRED EIGHTY-B OF THE VEHICLE AND TRAFFIC LAW.
  S 15. This act shall take effect on the thirtieth day after  it  shall
have  become  a  law  and shall expire 5 years after such effective date
when upon such date the provisions of this act shall be deemed repealed;
and provided further that any rules necessary for the implementation  of
this  act  on  its effective date shall be promulgated on or before such
date;
  (a) provided, however, that the amendments to subdivision 1 of section
235 of the vehicle and traffic law made by section one of this act shall
be subject to the expiration and reversion of such section  pursuant  to
subdivision  (p)  of  section 406 of chapter 166 of the laws of 1991, as
amended, when upon such date the provisions of section one-a of this act
shall take effect;
  (b) provided, further that the amendments to section 235 of the  vehi-
cle  and  traffic law made by section one-a of this act shall be subject

S. 4393--B                         19

to the expiration and reversion of such section pursuant to  section  17
of  chapter 746 of the laws of 1988, as amended, when upon such date the
provisions of section one-b of this act shall take effect;
  (c) provided, further, that the amendments to section 235 of the vehi-
cle  and  traffic law made by section one-b of this act shall be subject
to the expiration and reversion of such section pursuant to  section  18
of  chapter 379 of the laws of 1992, as amended, when upon such date the
provisions of section one-c of this act shall take effect;
  (d) the amendments made to subdivision 1 of section 236 of the vehicle
and traffic law made by section two of this act shall be subject to  the
expiration  and  reversion of such subdivision pursuant to section 17 of
chapter 746 of the laws of 1988, as amended, when  upon  such  date  the
provisions of section two-a of this act shall take effect;
  (e) provided, further, that the amendments to section 236 of the vehi-
cle  and  traffic law made by section two-a of this act shall not affect
the expiration and reversion of such section pursuant  to  chapters  20,
21,  22 and 383 of the laws of 2009, as amended, when upon such date the
provisions of section two-b of this act shall take effect;
  (f) provided, further, that the amendments  made  to  paragraph  f  of
subdivision  1  of  section  239  of the vehicle and traffic law made by
section five of this act shall be subject to the expiration  and  rever-
sion of such paragraph pursuant to section 17 of chapter 746 of the laws
of  1988,  as  amended,  when  upon  such date the provisions of section
five-a of this act shall take effect;
  (g) provided, further, the the amendments to paragraph f  of  subdivi-
sion  1  of  section  239 of the vehicle and traffic law made by section
five-a of this act shall be subject to the expiration and  reversion  of
such  paragraph  pursuant  to chapters 20, 21, 22 and 383 of the laws of
2009, as amended, when upon such date the provisions of  section  five-b
of this act shall  take effect;
  (h) provided, further, that the amendments to subdivision 4 of section
239 of the vehicle and traffic law made by section six of this act shall
not  affect  the repeal of such subdivision and shall be deemed repealed
therewith, when upon such date the provisions of section six-a  of  this
act shall take effect;
  (i) provided, further, that the amendments to subdivision 1 of section
240  of  the  vehicle  and traffic law made by section seven of this act
shall be subject to the expiration and  reversion  of  such  subdivision
pursuant  to  section 17 of chapter 746 of the laws of 1988, as amended,
when upon such date the provisions of section seven-a of this act  shall
take effect;
  (j) provided, further, that the amendments to subdivision 1 of section
240  of  the vehicle and traffic law made by section seven-a of this act
shall be subject to the expiration and  reversion  of  such  subdivision
pursuant to chapters 20, 21, 22 and 383 of the laws of 2009, as amended,
when upon such date the provisions of section seven-b shall take effect;
  (k)  provided,  further,  that  the  amendments  to subdivision 1-a of
section 240 of the vehicle and traffic law made by section eight of this
act shall be subject to the expiration and reversion of such subdivision
pursuant to section 17 of chapter 746 of the laws of 1988,  as  amended,
when  upon such date the provisions of section eight-a of this act shall
take effect;
  (l) provided, further, that  the  amendments  to  subdivision  1-a  of
section  240  of  the vehicle and traffic law made by section eight-a of
this act shall be subject to the expiration and reversion of such subdi-
vision pursuant to chapters 20, 21, 22 and 383 of the laws of  2009,  as

S. 4393--B                         20

amended,  when  upon such date the provisions of section eight-b of this
act shall take effect;
  (m)  provided,  further,  that the amendments to paragraphs a and g of
subdivision 2 of section 240 of the vehicle  and  traffic  law  made  by
section  nine  of this act shall be subject to the expiration and rever-
sion of such paragraph pursuant to section 17 of chapter 746 of the laws
of 1988, as amended, when upon  such  date  the  provisions  of  section
nine-a of this act shall take effect;
  (n)  provided,  further,  that the amendments to paragraphs a and g of
subdivision 2 of section 240 of the vehicle  and  traffic  law  made  by
section nine-a of this act shall be subject to the expiration and rever-
sion  of  such paragraphs pursuant to chapters 20, 21, 22 and 383 of the
laws of 2009, as amended, when upon such date the provisions of  section
nine-b of this act shall take effect;
  (o)  provided, further, that the amendments to subdivisions 1 and 2 of
section 241 of the vehicle and traffic law made by section ten  of  this
act  shall  be  subject to the expiration and reversion of such subdivi-
sions pursuant to section 17 of chapter 746 of  the  laws  of  1988,  as
amended, when upon such date the provisions of section ten-a of this act
shall take effect;
  (p)  provided, further, that the amendments to subdivisions 1 and 2 of
section 241 of the vehicle and traffic law made by section ten-a of this
act shall be subject to the expiration and reversion  of  such  subdivi-
sions  pursuant  to  chapters 20, 21, 22 and 383 of the laws of 2009, as
amended, when upon such date the provisions of section ten-b of this act
shall take effect;
  (q) provided, further, that the  amendments  to  subparagraph  (i)  of
paragraph a of subdivision 5-a of section 401 of the vehicle and traffic
law  made  by section eleven of this act shall be subject to the expira-
tion and reversion of such paragraph pursuant to section 17  of  chapter
746  of the laws of 1988, as amended, when upon such date the provisions
of section eleven-a of this act shall take effect;
  (r) provided, further, that the amendments to paragraph a of  subdivi-
sion  5-a  of section 401 of the vehicle and traffic law made by section
eleven-a of this act shall be subject to the expiration and reversion of
such paragraph pursuant to chapters 19, 20, 21, 22, 23 and  383  of  the
laws  of 2009, as amended, when upon such date the provisions of section
eleven-b of this act shall take effect;
  (r-1) provided, further, that  the  amendments  to  subdivision  1  of
section  1809  of the vehicle and traffic law made by sections thirteen,
thirteen-a and thirteen-b of this act shall not affect the expiration of
such subdivision and shall be deemed repealed therewith;
  (s) provided, further, that the amendments to  the  opening  paragraph
and  paragraph  (c)  of subdivision 1 of section 1809 of the vehicle and
traffic law made by section thirteen of this act shall be subject to the
expiration and reversion of such paragraphs pursuant to  section  10  of
chapter  19, sections 24 of chapters 20 and 383, sections 22 of chapters
21 and 22 and section 9 of chapter 23 of the laws of 2009,  as  amended,
when  upon  such  date  the provisions of section thirteen-a of this act
shall take effect;
  (t) provided, further, that the amendments to subdivision 1 of section
1809 of the vehicle and traffic law made by section thirteen-a  of  this
act  shall  be  subject to the expiration and reversion of such subdivi-
sions pursuant to section 17 of chapter 746 of  the  laws  of  1988,  as
amended,  when  upon  such  date the provisions of section thirteen-b of
this act shall take effect.