S. 912 2
TWO-A OF THE VEHICLE AND TRAFFIC LAW. THE CENTRAL OFFICE OF THE BUREAU
SHALL BE LOCATED IN ALBANY, AND REGIONAL OFFICES OF THE BUREAU SHALL BE
ESTABLISHED AND MAINTAINED IN SUCH NUMBERS AND LOCATIONS AS THE DIRECTOR
OF THE BUREAU MAY DETERMINE WITHIN AMOUNTS MADE AVAILABLE BY APPROPRI-
ATION.
(B) THE HEAD OF THE APPEALS BUREAU SHALL BE A DIRECTOR, WHO SHALL BE
APPOINTED BY THE GOVERNOR, BY AND WITH THE ADVICE AND CONSENT OF THE
SENATE, TO SERVE FOR A TERM OF SIX YEARS, AND UNTIL HIS OR HER SUCCESSOR
HAS BEEN APPOINTED. SUCH DIRECTOR SHALL RECEIVE A SALARY IN THE SAME
AMOUNT, FROM TIME TO TIME, AS THAT RECEIVED BY A STATE OFFICER DESIG-
NATED IN PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-
NINE OF THIS CHAPTER.
2. (A) IN LIEU OF, OR IN ADDITION TO, ANY OTHER GROUNDS FOR APPEAL, A
PERSON MAY APPEAL TO THE APPEALS BUREAU ON THE GROUND THAT ONE OR MORE
MINIMUM PROCEDURES, ESTABLISHED BY OR PURSUANT TO LAW, FOR THE CONDUCT
OF A HEARING FOR THE ADJUDICATION OF A TRAFFIC INFRACTION HAVE NOT BEEN
FOLLOWED. WHERE THE APPEALS BUREAU FINDS THAT ONE OR MORE OF SUCH MINI-
MUM PROCEDURES FOR THE CONDUCT OF A HEARING FOR THE ADJUDICATION OF A
TRAFFIC INFRACTION, ESTABLISHED BY OR PURSUANT TO SUBDIVISION ONE OF
SECTION TWO HUNDRED TWENTY-SEVEN OF THE VEHICLE AND TRAFFIC LAW, HAVE
NOT BEEN FOLLOWED BY THE HEARING OFFICER WHO ADJUDICATED THE TRAFFIC
INFRACTION, OR HAVE NOT BEEN FOLLOWED BY THE TRAFFIC VIOLATIONS BUREAU
OR BY THE DEPARTMENT OR COMMISSIONER OF MOTOR VEHICLES: (I) IT SHALL
AWARD THE APPELLANT HIS OR HER EXPENSES, INCLUDING AN AMOUNT FOR THE
LOST TIME, INCONVENIENCE AND ANNOYANCE, AS WELL AS OUT-OF-POCKET COSTS
AND FEES, IN TAKING SUCH APPEAL TO IT; HOWEVER, THE AMOUNT OF SUCH AWARD
FIXED BY IT SHALL NOT EXCEED THE AMOUNT OF THE ORIGINAL FINE, AND
PAYMENT OF SUCH AWARD TO THE APPELLANT SHALL NOT BE MADE BY IT BUT SHALL
BE MADE BY THE DEPARTMENT OF MOTOR VEHICLES UPON THE PRESENTATION TO
SUCH DEPARTMENT OF A VOUCHER ISSUED BY THE APPEALS BUREAU; AND (II) IF
THE APPEALS BUREAU HAS FOUND OTHER INSTANCES WHERE THE SAME HEARING
OFFICER, BUREAU, COMMISSIONER OR DEPARTMENT HAS NOT FOLLOWED THE
REQUIRED MINIMUM PROCEDURES ESTABLISHED BY OR PURSUANT TO LAW FOR THE
CONDUCT OF A HEARING, THE APPEALS BUREAU MAY ISSUE AN ORDER TO SUCH
OFFICER, BUREAU, COMMISSIONER AND/OR DEPARTMENT, TO CEASE AND DESIST
FROM SUCH IMPROPER CONDUCT AND TO COMPLY WITH MINIMUM PROCEDURES ESTAB-
LISHED BY OR PURSUANT TO LAW.
(B) THE APPEALS BUREAU SHALL HAVE STANDING TO BRING A PROCEEDING UNDER
ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES TO COMPEL ANY
SUCH OFFICER, BUREAU, COMMISSIONER AND/OR DEPARTMENT TO COMPLY WITH ITS
CEASE AND DESIST ORDERS. THE ISSUANCE OF A CEASE AND DESIST ORDER, OR
THE COMMENCEMENT OF AN ARTICLE SEVENTY-EIGHT PROCEEDING, SHALL NOT BE A
PREREQUISITE TO THE TAKING OF ANY ACTION OR ENFORCEMENT OF ANY REMEDY
OTHERWISE PERMITTED, BUT SHALL BE CUMULATIVE TO ANY OTHER SUCH ACTION OR
REMEDY.
(C) THE APPEALS BUREAU IS HEREBY EMPOWERED TO COMPEL THE COMMISSIONER
AND DEPARTMENT OF MOTOR VEHICLES TO PRODUCE RECORDS AND OTHER EVIDENCE
RELEVANT AND MATERIAL TO ANY APPEAL, OR RELEVANT AND MATERIAL TO THE
MAKING OF ANY FINDING AUTHORIZED TO BE MADE HEREIN.
S 81. DIRECTOR OF THE TRAFFIC ADJUDICATION APPEALS BUREAU; POWERS AND
DUTIES. THE DIRECTOR OF THE TRAFFIC ADJUDICATION APPEALS BUREAU SHALL BE
THE ADMINISTRATIVE HEAD OF THE BUREAU AND SHALL:
1. APPOINT ONE OR MORE GROUPS OF THREE OR MORE APPEALS OFFICERS EACH,
WHICH SHALL CONSTITUTE ONE OR MORE APPEALS BOARDS UNDER THE JURISDIC-
TION, SUPERVISION AND CONTROL OF THE APPEALS BUREAU, AND MAY PRESCRIBE
THEIR POWERS AND DUTIES AND FIX THEIR COMPENSATION WITHIN THE AMOUNT
S. 912 3
APPROPRIATED THEREFOR, SUBJECT TO THE PROVISIONS OF THE CIVIL SERVICE
LAW AND ANY APPLICABLE COLLECTIVE BARGAINING AGREEMENT;
2. SELECT A CHAIRMAN FOR EACH APPEALS BOARD FROM THE GROUP OF APPEALS
OFFICERS SO APPOINTED;
3. DESIGNATE SUCH OTHER PERSONNEL, SUBJECT TO THE PROVISIONS OF THE
CIVIL SERVICE LAW AND ANY APPLICABLE COLLECTIVE BARGAINING AGREEMENT, AS
MAY BE NECESSARY TO ASSIST THE DIRECTOR OF THE APPEALS BUREAU, OR ASSIST
AN APPEALS BOARD, IN CARRYING OUT HIS OR ITS DUTIES.
S 82. APPEALS OFFICERS OF THE TRAFFIC ADJUDICATION APPEALS BUREAU.
EACH APPEALS OFFICER SHALL HAVE BEEN ADMITTED TO THE PRACTICE OF LAW IN
THIS STATE AND SHALL NOT BE AN EMPLOYEE OF THE DEPARTMENT OF MOTOR VEHI-
CLES OR DEPARTMENT OF TRANSPORTATION.
S 83. RIGHT OF APPEAL TO THE TRAFFIC ADJUDICATION APPEALS BUREAU. 1.
ANY PERSON WHO IS AGGRIEVED BY A DETERMINATION OF A HEARING OFFICER OF A
TRAFFIC VIOLATIONS BUREAU DESCRIBED IN ARTICLE TWO-A OF THE VEHICLE AND
TRAFFIC LAW MAY APPEAL SUCH DETERMINATION PURSUANT TO THE PROVISIONS OF
THIS ARTICLE.
2. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, A TRANSCRIPT OF THE
HEARING RESULTING IN THE DETERMINATION APPEALED FROM MUST BE SUBMITTED
TO THE TRAFFIC ADJUDICATION APPEALS BUREAU ON ANY SUCH APPEAL.
3. IF THE ONLY ISSUE RAISED ON APPEAL IS THE APPROPRIATENESS OF THE
PENALTY IMPOSED, THE APPELLANT, IN HIS OR HER DISCRETION, MAY SUBMIT
SUCH APPEAL WITHOUT A TRANSCRIPT OF THE HEARING. IN SUCH EVENT, THE
DECISION OF THE APPEALS BOARD MAY BE BASED SOLELY ON THE APPEAL PAPERS
AND THE RECORDS OF THE DEPARTMENT OF MOTOR VEHICLES AND OF THE TRAFFIC
ADJUDICATION APPEALS BUREAU, AND SUCH DECISION SHALL NOT BE SUBJECT TO
JUDICIAL REVIEW.
4. WHERE A TRANSCRIPT OF THE HEARING IS SUBMITTED AT THE TIME AN
APPEAL IS FILED, THE DETERMINATION OF THE APPEALS BOARD WILL BE SUBJECT
TO JUDICIAL REVIEW AS PRESCRIBED IN SUBDIVISION FIVE OF SECTION EIGHTY-
FIVE OF THIS ARTICLE.
S 84. REVIEW AND DETERMINATION BY APPEALS BOARD OF THE TRAFFIC ADJUDI-
CATION APPEALS BUREAU. 1. EACH APPEAL FILED PURSUANT TO THIS ARTICLE
SHALL BE REVIEWED BY AN APPEALS BOARD, WHICH SHALL MAKE A DETERMINATION
OF SUCH APPEAL, AND SHALL CAUSE AN APPROPRIATE ORDER TO BE ENTERED IN
THE RECORDS OF THE TRAFFIC ADJUDICATION APPEALS BUREAU. THE TRAFFIC
ADJUDICATION APPEALS BUREAU SHALL TRANSMIT A COPY OF SUCH ORDER TO THE
COMMISSIONER OF MOTOR VEHICLES, AND SUCH COMMISSIONER SHALL CAUSE SUCH
ORDER TO BE ENTERED IN THE RECORDS OF THE DEPARTMENT OF MOTOR VEHICLES.
2. NO APPEAL SHALL BE REVIEWED IF IT IS FILED MORE THAN THIRTY DAYS
AFTER NOTICE WAS GIVEN OF THE DETERMINATION APPEALED FROM. THE APPELLANT
SHALL SUBMIT TOGETHER WITH SUCH APPEAL A COPY OF THE NOTICE OF DETERMI-
NATION ISSUED BY THE DEPARTMENT OF MOTOR VEHICLES SHOWING THE DATE THE
NOTICE OF DETERMINATION WAS GIVEN.
S 85. APPEAL PROCEDURES FOR APPEALS TO THE TRAFFIC ADJUDICATION
APPEALS BUREAU. 1. ANY PERSON DESIRING TO FILE AN APPEAL FROM AN ADVERSE
DETERMINATION PURSUANT TO THIS ARTICLE, SHALL DO SO IN A FORM AND MANNER
PROVIDED BY THE DIRECTOR OF THE TRAFFIC ADJUDICATION APPEALS BUREAU
AFTER SUCH DIRECTOR CONSULTS WITH THE COMMISSIONER OF MOTOR VEHICLES.
THE TRANSCRIPT OF ANY HEARING WHICH FORMED THE BASIS FOR SUCH DETERMI-
NATION WILL BE REVIEWED ONLY IF IT IS SUBMITTED BY THE APPELLANT. AN
APPEAL SHALL NOT BE DEEMED TO BE FINALLY SUBMITTED UNTIL THE APPELLANT
HAS SUBMITTED ALL FORMS OR DOCUMENTS REQUIRED TO BE SUBMITTED BY THE
DIRECTOR OR BY THIS ARTICLE. IF THE APPELLANT IS NOT ABLE TO SUBMIT ANY
REQUIRED FORM OR DOCUMENT BECAUSE OF THE REFUSAL OR FAILURE OF THE
DEPARTMENT OF MOTOR VEHICLES TO SUPPLY SUCH FORM OR DOCUMENT TO THE
S. 912 4
APPELLANT UPON THE APPELLANT'S REQUEST AND WILLINGNESS TO TENDER ANY
AUTHORIZED FEE REQUIRED BY THE DEPARTMENT, THE APPELLANT SHALL FURNISH
AN AFFIDAVIT OF SUCH FACT TO THE DIRECTOR AND THE DIRECTOR SHALL COMPEL
THE DEPARTMENT OF MOTOR VEHICLES TO PRODUCE SUCH REQUIRED RECORDS, OR AN
AUTHENTICATED COPY THEREOF, FREE OF CHARGE FOR USE BY THE TRAFFIC ADJU-
DICATION APPEALS BUREAU OR AN APPEALS BOARD THEREOF UPON THE APPEAL. IN
SUCH CASE, AN APPEAL SHALL BE DEEMED FINALLY SUBMITTED AS OF THE DATE
THE DIRECTOR RECEIVED THE AFFIDAVIT FROM THE APPELLANT THAT THE APPEL-
LANT WAS UNABLE TO OBTAIN A REQUIRED RECORD FROM THE DEPARTMENT OF MOTOR
VEHICLES, PROVIDED THAT ALL OTHER FORMS AND DOCUMENTS REQUIRED TO BE
SUBMITTED HAVE BEEN SUBMITTED OR SIMILAR AFFIDAVIT GIVEN WITH RESPECT TO
INABILITY TO OBTAIN SAME FROM THE DEPARTMENT OF MOTOR VEHICLES.
2. TRANSCRIPTS OF THE RECORD OF ANY HEARING MAY BE OBTAINED AT THE
COST TO THE DEPARTMENT OF MOTOR VEHICLES, IF PREPARED BY THE DEPARTMENT,
OR AT THE RATE SPECIFIED IN THE CONTRACT BETWEEN THE DEPARTMENT AND THE
CONTRACTOR, IF PREPARED BY A PRIVATE CONTRACTOR. THE AMOUNT PAID AT SUCH
COST OR RATE BY A PERSON CONVICTED WHO SUBMITS A TRANSCRIPT OF THE HEAR-
ING WHICH RESULTED IN THE DETERMINATION, UPON AN APPEAL FROM SUCH DETER-
MINATION, SHALL BE REFUNDED BY THE DEPARTMENT OF MOTOR VEHICLES UPON THE
RECEIPT BY IT OF AN ORDER, OR COPY THEREOF, FROM THE TRAFFIC ADJUDI-
CATION APPEALS BUREAU DISMISSING THE CHARGES UPON THE DETERMINATION OF
SUCH APPEAL.
3. THE FEE FOR FILING AN APPEAL SHALL BE TEN DOLLARS PAYABLE TO THE
TRAFFIC ADJUDICATION APPEALS BUREAU. NO APPEAL SHALL BE ACCEPTED UNLESS
THE REQUIRED FEE HAS BEEN PAID TO SUCH BUREAU. SUCH FEES SHALL BE PAID
BY SUCH APPEALS BUREAU TO THE DEPARTMENT OF AUDIT AND CONTROL TO THE
CREDIT OF THE JUSTICE COURT FUND. AFTER SUCH AUDIT AS SHALL BE REQUIRED
BY THE COMPTROLLER, SUCH FEES SHALL BE CREDITED TO THE GENERAL FUND OF
THE STATE.
4. (A) WHENEVER A DETERMINATION HAS NOT BEEN MADE WITHIN THIRTY DAYS
AFTER AN APPEAL HAS BEEN FINALLY SUBMITTED, A STAY OF EXECUTION WILL BE
DEEMED GRANTED BY OPERATION OF LAW, AND THE LICENSE, CERTIFICATE, PERMIT
OR PRIVILEGE AFFECTED WILL BE AUTOMATICALLY RESTORED PENDING FINAL
DETERMINATION.
(B) THE COMMISSIONER OF MOTOR VEHICLES SHALL COOPERATE WITH THE DIREC-
TOR OF THE APPEALS BUREAU IN DEVISING MEANS OF COMMUNICATION BETWEEN THE
DEPARTMENT OF MOTOR VEHICLES AND THE TRAFFIC ADJUDICATION APPEALS BUREAU
TO EFFECTUATE THE PURPOSES AND PROVISIONS OF THIS ARTICLE. SUCH MEANS
MAY INCLUDE, BUT SHALL NOT BE LIMITED TO, A COMPUTER NETWORK WHEREBY
INFORMATION MAY BE SHARED, EXCHANGED AND/OR INPUTTED BY AND BETWEEN THE
DEPARTMENT OF MOTOR VEHICLES AND THE TRAFFIC ADJUDICATIONS APPEALS
BUREAU. IF SUCH A NETWORK IS ESTABLISHED, ANY NOTICE OR RECORD REQUIRED
TO BE PRODUCED BY, OR SENT BY OR TO, THE DEPARTMENT OF MOTOR VEHICLES
MAY BE TRANSMITTED BY MEANS OF SUCH NETWORK.
5. (A) NO DETERMINATION OF A HEARING OFFICER WHICH IS APPEALABLE UNDER
THE PROVISIONS OF THIS ARTICLE SHALL BE REVIEWED IN ANY COURT UNLESS AN
APPEAL HAS BEEN FILED AND DETERMINED IN ACCORDANCE WITH THIS ARTICLE.
(B) A DETERMINATION OF THE APPEALS BOARD IN ANY CASE WHERE A TRAN-
SCRIPT OF THE HEARING HAS BEEN SUBMITTED SHALL BE SUBJECT TO REVIEW
PURSUANT TO THE PROVISIONS OF ARTICLE SEVENTY-EIGHT OF THE CIVIL PRAC-
TICE LAW AND RULES. PROVIDED, HOWEVER, A STATEMENT BY THE APPEALS OFFI-
CER AT THE CONCLUSION OF THE HEARING INDICATING THAT THE CHARGES HAVE
BEEN SUSTAINED AND ANNOUNCING THE PENALTY IMPOSED, TOGETHER WITH A
SUMMARY OF THE REASONS THE APPEAL WAS DENIED BY THE APPEALS BOARD, SHALL
CONSTITUTE SUFFICIENT FINDINGS FOR THE PURPOSE OF SUCH REVIEW.
S. 912 5
S 2. Section 228 of the vehicle and traffic law is REPEALED and a new
section 228 is added to read as follows:
S 228. ADMINISTRATIVE REVIEW. ADMINISTRATIVE REVIEW OF THE DETERMI-
NATION OF A HEARING OFFICER SHALL BE HAD BY MEANS OF AN APPEAL TO THE
TRAFFIC ADJUDICATION APPEALS BUREAU IN THE EXECUTIVE DEPARTMENT, AS
PROVIDED IN ARTICLE FIVE-A OF THE EXECUTIVE LAW. THE COMMISSIONER AND
DEPARTMENT SHALL COOPERATE AND RENDER ASSISTANCE: (A) TO ANY PERSON
CONVICTED OF A TRAFFIC INFRACTION UPON THE DETERMINATION OF A HEARING
OFFICER, WHO WISHES TO APPEAL SUCH DETERMINATION TO THE APPEALS BUREAU,
BY PROVIDING FORMS, INSTRUCTIONS AND RECORDS, SUITABLE TO FILE SUCH
APPEAL WITH THE APPEALS BUREAU, IN COOPERATION WITH THE REQUIREMENTS OF
THE DIRECTOR OF THE APPEALS BUREAU; AND (B) TO THE DIRECTOR OF THE
APPEALS BUREAU TO IMPLEMENT THE PURPOSES AND PROVISIONS OF ARTICLE
FIVE-A OF THE EXECUTIVE LAW.
S 3. Subdivision 1 of section 227 of the vehicle and traffic law, as
amended by chapter 337 of the laws of 1970, is amended to read as
follows:
1. (A) Every hearing for the adjudication of a traffic infraction, as
provided by this article, shall be held before a hearing officer
appointed by the commissioner. The burden of proof shall be upon the
people, and no charge may be established except by clear and convincing
evidence. The commissioner [may] SHALL prescribe, by rule or regulation,
the procedures for the conduct of such hearings.
(B) SUCH PROCEDURES FOR THE CONDUCT OF SUCH HEARINGS SHALL, AT A MINI-
MUM:
(I) PROHIBIT THE COMPILING OF PERIODIC STATISTICS ESTABLISHING
CONVICTION RATES.
(II) PROHIBIT THE REVIEW OR RATING OF HEARING OFFICERS BASED UPON ANY
CONVICTION RATE.
(III) PROHIBIT ANY REQUIREMENT THAT HEARING OFFICERS PROVIDE TO THE
COMMISSIONER OR TO ADMINISTRATIVE OR SUPERVISORY EMPLOYEES OF THE
DEPARTMENT GREATER OR ANY DIFFERENT JUSTIFICATION FOR THEIR DETERMI-
NATIONS THAT THE CHARGES HAVE NOT BEEN ESTABLISHED FROM THEIR DETERMI-
NATIONS THAT THE CHARGES HAVE BEEN ESTABLISHED.
(IV) PROHIBIT HEARING OFFICERS FROM USING LEADING QUESTIONS IN THE
DIRECT EXAMINATION OF POLICE OFFICERS.
(V) REQUIRE THE HEARING OFFICER TO ADVISE THE ACCUSED OF HIS RIGHT TO
REMAIN SILENT AND HIS RIGHT TO BE REPRESENTED BY COUNSEL, AND WHERE
APPROPRIATE, TO EXPLAIN THE ELEMENTS OF THE OFFENSE AND AVAILABLE
DEFENSES FOR AN ACCUSED WHO IS NOT REPRESENTED BY COUNSEL.
(VI) REQUIRE THAT THE RULES OF EVIDENCE BE ADHERED TO IN ALL
PROCEEDINGS IN WHICH EITHER SIDE IS REPRESENTED BY COUNSEL.
S 4. a. The director of the traffic adjudications appeals bureau shall
report annually on or before the thirty-first of January, beginning with
the calendar year next succeeding the year this act takes effect, to the
governor, the speaker of the assembly and the majority leader of the
senate, evaluating the functioning and operations of the new traffic
adjudication appeals bureau created by this act.
b. Each annual report shall specifically address how well the imple-
mentation of this act alleviates the problems and criticisms of the
former administrative adjudication system of the state department of
motor vehicles, described by the task force on administrative adjudi-
cation of the New York state bar association in its report dated July
14, 1988.
S. 912 6
c. Each such report also shall contain statistical tabulations and
appropriate commentary thereon, showing, for each traffic violations
bureau:
(i) the total number of appeals received by the new appeals bureau;
(ii) the number of appeals in which it was alleged that one or more
minimum procedures, established by or pursuant to law, for the conduct
of a hearing for the adjudication of a traffic infraction have not been
followed and the number of such appeals in which these allegations were
found to have any merit (the success rate) and where found to have
merit, the total amount awarded to all appellants for their expenses,
out-of-pocket costs and fees, pursuant to subparagraph (i) of paragraph
(a) of subdivision 2 of section 80 of the executive law, as added by
this act;
(iii) the number of cease and desist orders issued by the new appeals
bureau pursuant to subparagraph (ii) of paragraph (a) of subdivision 2
of section 80 of the executive law, as added by this act, the reason or
reasons such orders were issued, and the number of proceedings brought
by the new appeals bureau pursuant to article 78 of the civil practice
law and rules, to enforce its cease and desist orders;
(iv) the number of, and a description of, any other enforcement or
persuasion mechanisms utilized;
(v) an assessment of the degree of compliance by each traffic
violations bureau with the minimum procedures established by or pursuant
to law for the conduct of hearings for the adjudication of traffic
infractions, based, in part, upon the number of complaints received and
how such complaints were (or were not) resolved; and
(vi) any other relevant facts, statistics and commentary with respect
to the foregoing.
In addition, the director of the traffic adjudications appeals bureau
may propose to the legislature the consideration or enactment of such
additional legislation as in his opinion will further address or allevi-
ate the problems and criticisms found in the above-referenced report of
the bar association task force.
S 5. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law and sections one
through three of this act shall apply by the terms of this act only to
appeals which are finally submitted or deemed to be finally submitted on
or after the effective date of this act; provided, however, that the
provisions of section 228 of the vehicle and traffic law repealed by
section two of this act shall continue to apply to any appeal which is
finally submitted or deemed to have been finally submitted to a depart-
ment of motor vehicles appeals board before the effective date of this
act, but only until such appeal is determined by such appeals board; and
any remand ordered by a court of competent jurisdiction pursuant to a
proceeding under article 78 of the civil practice law and rules which
has not yet been re-submitted to a department of motor vehicles appeals
board before the effective date of this act, shall be referred to the
traffic adjudication appeals bureau in the executive department for
redetermination pursuant to the order of remand.