LBD13339-04-4
A. 8368--B 2
hundred fifty, or to adjudicate liability of owners in accordance with
section eleven hundred eleven-c of this chapter for violations of bus
lane restrictions as defined in subdivision (b), (c), (d), (f) or (g) of
such section, or to adjudicate the liability of owners for violations 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 amended by
section 1-a of chapter 189 of the laws of 2013, 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 sections eleven hundred
eleven-b of this chapter as added by sections sixteen of chapters twen-
ty, twenty-one, and twenty-two of the laws of two thousand nine, 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-D OF THIS CHAPTER, 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 in accordance with section eleven hundred eleven-c of this chap-
ter for violations of bus lane restrictions as defined in such section,
or to adjudicate the liability of owners for violations of subdivision
(b), (c), (d), (f) or (g) 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 1-b. Section 235 of the vehicle and traffic law, as amended by
section 1-b of chapter 189 of the laws of 2013, 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
sections eleven hundred eleven-b of this chapter as added by sections
sixteen of chapters twenty, twenty-one, and twenty-two of the laws of
two thousand nine, 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-D OF THIS CHAP-
TER, 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
A. 8368--B 3
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 in accordance with section
eleven hundred eleven-c of this chapter for violations of bus lane
restrictions as defined in such section, or to adjudicate the liability
of owners for violations of subdivision (b), (c), (d), (f) or (g) 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-c. Section 235 of the vehicle and traffic law, as amended by
section 1-c of chapter 189 of the laws of 2013, 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-D OF THIS CHAPTER, 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 in accordance with section eleven hundred eleven-c of this chap-
ter for violations of bus lane restrictions as defined in such section,
or to adjudicate the liability of owners for violations of subdivision
(b), (c), (d), (f) or (g) 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 1-d. Section 235 of the vehicle and traffic law, as amended by
section 1-d of chapter 189 of the laws of 2013, 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-D OF THIS CHAPTER, 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 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.
A. 8368--B 4
S 1-e. 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 SUBDIVISION (D) OF
SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION
ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, 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, 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
amended by section 2 of chapter 189 of the laws of 2013, 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
subdivisions (a) of sections eleven hundred eleven-b of this chapter as
added by sections sixteen of chapters twenty, twenty-one, and twenty-two
of the laws of two thousand nine, OR SUBDIVISION (A) OF SECTION ELEVEN
HUNDRED ELEVEN-D OF THIS CHAPTER, shall adjudicate the liability of
owners for violations of subdivision (d) of section eleven hundred elev-
en of this chapter in accordance with such section eleven hundred
eleven-a [or such], sections eleven hundred eleven-b as added by
sections sixteen of chapters twenty, twenty-one, and twenty-two of the
laws of two thousand nine, OR SECTION ELEVEN HUNDRED ELEVEN-D 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 in accordance with section eleven hundred
eleven-c of this chapter for violations of bus lane restrictions as
defined in such section and shall adjudicate the liability of owners for
violations of subdivision (b), (c), (d), (f) or (g) 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
amended by section 2-a of chapter 189 of the laws of 2013, is amended to
read as follows:
A. 8368--B 5
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
subdivisions (a) of sections eleven hundred eleven-b of this chapter as
added by sections sixteen of chapters twenty, twenty-one, and twenty-two
of the laws of two thousand nine, OR SUBDIVISION (A) OF SECTION ELEVEN
HUNDRED ELEVEN-D OF THIS CHAPTER, shall adjudicate the liability of
owners for violations of subdivision (d) of section eleven hundred elev-
en of this chapter in accordance with such sections eleven hundred
eleven-b as added by sections sixteen of chapters twenty, twenty-one,
and twenty-two of the laws of two thousand nine OR SECTION ELEVEN
HUNDRED ELEVEN-D; and shall adjudicate liability of owners in accordance
with section eleven hundred eleven-c of this chapter for violations of
bus lane restrictions as defined in such section 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 arti-
cle, a parking violation is the violation of any law, rule or regulation
providing for or regulating the parking, stopping or standing of a vehi-
cle. 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
amended by section 2-b of chapter 189 of the laws of 2013, 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-D OF THIS CHAPTER,
shall adjudicate liability of owners in accordance with section eleven
hundred eleven-c of this chapter for violations of bus lane restrictions
as defined in such section; and shall adjudicate the liability of owners
for violations of subdivision (b), (c), (d), (f) or (g) of section elev-
en 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 vehi-
cle. 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-c. Subdivision 1 of section 236 of the vehicle and traffic law, as
amended by section 2-c of chapter 189 of the laws of 2013, 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, WHERE AUTHORIZED BY LOCAL LAW ADOPTED PURSUANT TO SUBDIVISION (A)
OF SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, shall have jurisdic-
tion of traffic infractions which constitute a parking violation and
shall adjudicate the liability of owners for violations of subdivision
(b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
ter 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
A. 8368--B 6
article, "commissioner" shall mean and include the commissioner of traf-
fic of the city or an official possessing authority as such a commis-
sioner.
S 2-d. 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, WHERE AUTHORIZED BY LOCAL LAW ADOPTED PURSUANT TO SUBDIVISION (A)
OF SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, shall have jurisdic-
tion of traffic infractions which constitute a parking violation. 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 traf-
fic of the city or an official possessing authority as such a commis-
sioner.
S 3. Section 237 of the vehicle and traffic law is amended by adding a
new subdivision 14 to read as follows:
14. TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVI-
SION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE
WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, IF AUTHORIZED BY
LOCAL LAW ADOPTED PURSUANT TO SUBDIVISION (A) OF SUCH SECTION ELEVEN
HUNDRED ELEVEN-D.
S 4. Paragraph f of subdivision 1 of section 239 of the vehicle and
traffic law, as amended by section 4 of chapter 189 of the laws of 2013,
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 sections eleven hundred eleven-b of this chapter as added by
sections sixteen of chapters twenty, twenty-one, and twenty-two of the
laws of two thousand nine, OR SECTION ELEVEN HUNDRED ELEVEN-D OF THIS
CHAPTER, 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 chap-
ter seven hundred seventy-four of the laws of nineteen hundred fifty and
shall not be deemed to include a notice of liability issued pursuant to
section eleven hundred eleven-c of this chapter and shall not be deemed
to include a notice of liability issued pursuant to section eleven
hundred eighty-b of this chapter.
S 4-a. Paragraph f of subdivision 1 of section 239 of the vehicle and
traffic law, as amended by section 4-a of chapter 189 of the laws of
2013, 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 sections eleven hundred eleven-b of this
chapter as added by sections sixteen of chapters twenty, twenty-one, and
twenty-two of the laws of two thousand nine OR SECTION ELEVEN HUNDRED
ELEVEN-D OF THIS CHAPTER and shall not be deemed to include a notice of
liability issued pursuant to section eleven hundred eleven-c of this
chapter and shall not be deemed to include a notice of liability issued
pursuant to section eleven hundred eighty-b of this chapter.
A. 8368--B 7
S 4-b. Paragraph f of subdivision 1 of section 239 of the vehicle and
traffic law, as amended by section 4-b of chapter 189 of the laws of
2013, 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 issued pursuant TO
AUTHORIZATION SET FORTH IN SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAP-
TER AND SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED
PURSUANT to section eleven hundred eleven-c of this chapter and shall
not be deemed to include a notice of liability issued pursuant to
section eleven hundred eighty-b of this chapter.
S 4-c. Paragraph f of subdivision 1 of section 239 of the vehicle and
traffic law, as amended by section 4-c of chapter 189 of the laws of
2013, 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 ISSUED PURSUANT TO
AUTHORIZATION SET FORTH IN SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAP-
TER and shall not be deemed to include a notice of liability issued
pursuant to section eleven hundred eighty-b of this chapter.
S 4-d. 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 ISSUED PURSUANT TO
AUTHORIZATION SET FORTH IN SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAP-
TER.
S 5. Subdivisions 1 and 1-a of section 240 of the vehicle and traffic
law, as amended by section 6 of chapter 189 of the laws of 2013, are
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
sections eleven hundred eleven-b of this chapter as added by sections
sixteen of chapters twenty, twenty-one, and twenty-two of the laws of
two thousand nine OR SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER,
for a violation of 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 eleven-c of
this chapter for a violation of a bus lane restriction as defined in
such section 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 (b), (c), (d), (f) or (g) 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
A. 8368--B 8
date, shall be deemed an admission of liability, and that a default
judgment may be entered thereon.
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
sections eleven hundred eleven-b of this chapter as added by sections
sixteen of chapters twenty, twenty-one, and twenty-two of the laws of
two thousand nine OR SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER 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 accord-
ance with section eleven hundred eleven-c of this chapter or an allega-
tion 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 5-a. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
fic law, as amended by section 6-a of chapter 189 of the laws of 2013,
are 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 sections eleven hundred eleven-b of this chapter as
added by sections sixteen of chapters twenty, twenty-one, and twenty-two
of the laws of two thousand nine OR SECTION ELEVEN HUNDRED ELEVEN-D OF
THIS CHAPTER for a violation of subdivision (d) of section eleven
hundred eleven of this chapter, or a person alleged to be liable in
accordance with the provisions of section eleven hundred eleven-c of
this chapter for a violation of a bus lane restriction as defined in
such section 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 violations of subdivision (b), (c), (d), (f) or (g) 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 thereon.
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 sections eleven hundred eleven-b of this chapter, as
added by sections sixteen of chapters twenty, twenty-one, and twenty-two
of the laws of two thousand nine[,] OR IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED ELEVEN-D OF THIS CHAPTER or an allegation of liability in
accordance with section eleven hundred eleven-c of this chapter or an
allegation of liability in accordance with section eleven hundred eight-
y-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.
A. 8368--B 9
S 5-b. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
fic law, as amended by section 6-b of chapter 189 of the laws of 2013,
are 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-D OF THIS CHAPTER OR IN
ACCORDANCE WITH the provisions of section eleven hundred eleven-c of
this chapter for a violation of a bus lane restriction as defined in
such section, 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 violations of subdivision (b), (c), (d), (f) or (g) 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 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 thereon.
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-D OF THIS CHAPTER OR IN
ACCORDANCE WITH section eleven hundred eleven-c of this chapter or an
allegation of liability in accordance with section eleven hundred eight-
y-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 5-c. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
fic law, as amended by section 6-c of chapter 189 of the laws of 2013,
are 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-D OF THIS CHAPTER, or a
person alleged to be liable in accordance with the provisions of section
eleven hundred eighty-b of this chapter for violations of subdivision
(b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
ter 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 that failure to appear on the date designated, or on
any subsequent adjourned date, shall be deemed an admission of liabil-
ity, and that a default judgment may be entered thereon.
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-D OF THIS CHAPTER, or
the bureau has been notified that an allegation of liability in accord-
ance 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.
A. 8368--B 10
S 5-d. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
fic law, subdivision 1 as added by chapter 715 of the laws of 1972 and
subdivision 1-a as added by chapter 365 of the laws of 1978, are 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-D 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
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 thereon.
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-D 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 6. Paragraphs a and g of subdivision 2 of section 240 of the vehicle
and traffic law, as amended by section 7 of chapter 189 of the laws of
2013, 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 sections eleven hundred
eleven-b of this chapter as added by sections sixteen of chapters twen-
ty, twenty-one, and twenty-two of the laws of two thousand nine or IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER 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 accord-
ance with section eleven hundred eleven-c of this chapter or an allega-
tion 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-a of this chapter or in accordance with sections eleven hundred
eleven-b of this chapter as added by sections sixteen of chapters twen-
ty, twenty-one, and twenty-two of the laws of two thousand nine OR IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER is
contested or of a hearing at which 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 is contested or of a
hearing at which liability in accordance with section eleven hundred
eleven-c of this chapter 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 6-a. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
cle and traffic law, as amended by section 7-a of chapter 189 of the
laws of 2013, are amended to read as follows:
A. 8368--B 11
a. Every hearing for the adjudication of a charge of parking violation
or an allegation of liability in accordance with sections eleven hundred
eleven-b of this chapter, as added by sections sixteen of chapters twen-
ty, twenty-one, and twenty-two of the laws of two thousand nine OR IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER or an
allegation of liability in accordance with section eleven hundred
eleven-c of this chapter 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 sections eleven hundred
eleven-b of this chapter, as added by sections sixteen of chapters twen-
ty, twenty-one, and twenty-two of the laws of two thousand nine OR IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER or of a
hearing at which liability in accordance with section eleven hundred
eleven-c of this chapter 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 6-b. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
cle and traffic law, as amended by section 7-b of chapter 189 of the
laws of 2013, 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-D OF THIS CHAPTER or an allegation of liability in accordance
with section eleven hundred eleven-c of this chapter 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-D OF THIS CHAPTER OR of a hearing at which liability in accord-
ance with section eleven hundred eleven-c of this chapter 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 6-c. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
cle and traffic law, as amended by section 7-c of chapter 189 of the
laws of 2013, 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-D OF THIS CHAPTER 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-D OF THIS CHAPTER 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 6-d. 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
A. 8368--B 12
ELEVEN-D 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
ELEVEN-D OF THIS CHAPTER IS CONTESTED. Recording devices may be used for
the making of the record.
S 7. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
law, as amended by section 8 of chapter 189 of the laws of 2013, 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 sections eleven hundred eleven-b of this
chapter as added by sections sixteen of chapters twenty, twenty-one, and
twenty-two of the laws of two thousand nine OR IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER or the record of liabil-
ities incurred 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 of the person charged, or the record of
liabilities incurred in accordance with section eleven hundred eleven-c
of this chapter, 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 sustain-
ing 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 sections eleven hundred eleven-b of this chapter as added by
sections sixteen of chapters twenty, twenty-one, and twenty-two of the
laws of two thousand nine OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
ELEVEN-D OF THIS CHAPTER or fails to contest 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 fails to contest an allegation of liability in accordance with
section eleven hundred eleven-c of this chapter or fails to contest an
allegation of liability in accordance with section eleven hundred eight-
y-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 sections eleven hundred eleven-b of this chapter as
A. 8368--B 13
added by sections sixteen of chapters twenty, twenty-one, and twenty-two
of the laws of two thousand nine OR IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED ELEVEN-D OF THIS CHAPTER 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 eleven-c of this
chapter 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 sections
eleven hundred eleven-b of this chapter as added by sections sixteen of
chapters twenty, twenty-one, and twenty-two of the laws of two thousand
nine OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAP-
TER or contesting 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 contesting an
allegation of liability in accordance with section eleven hundred
eleven-c of this chapter 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-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 7-a. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
law, as amended by section 8-a of chapter 189 of the laws of 2013, 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 sections eleven hundred eleven-b of this
chapter as added by sections sixteen of chapters twenty, twenty-one, and
twenty-two of the laws of two thousand nine OR IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER of the person charged,
or the record of liabilities incurred in accordance with section eleven
hundred eleven-c of this chapter, 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 determi-
nations sustaining or dismissing charges shall be entered on a final
A. 8368--B 14
determination roll maintained by the bureau together with records show-
ing 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 sections eleven hundred eleven-b of this chapter as added by
sections sixteen of chapters twenty, twenty-one, and twenty-two of the
laws of two thousand nine OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
ELEVEN-D OF THIS CHAPTER, or fails to contest an allegation of liability
in accordance with section eleven hundred eleven-c of this chapter, or
fails to contest an allegation of liability incurred 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, 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 sections eleven hundred eleven-b of this
chapter, as added by sections sixteen of chapters twenty, twenty-one,
and twenty-two of the laws of two thousand nine OR IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, or liability in accord-
ance with section eleven hundred eleven-c of this chapter 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 sections eleven
hundred eleven-b of this chapter as added by sections sixteen of chap-
ters twenty, twenty-one, and twenty-two of the laws of two thousand nine
OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER,
or contesting an allegation of liability in accordance with section
eleven hundred eleven-c of this chapter 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-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 hear-
ing, no fine or penalty shall be imposed for any reason, prior to the
holding of the hearing. If the hearing examiner shall make a determi-
nation on the charges, sustaining them, he or she shall impose no great-
er penalty or fine than those upon which the person was originally
charged.
A. 8368--B 15
S 7-b. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
law, as amended by section 8-b of chapter 189 of the laws of 2013, 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 the
prior parking violations record OR THE RECORD OF LIABILITIES INCURRED IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER of the
person charged, or the record of liabilities incurred in accordance with
section eleven hundred eleven-c of this chapter, or the record of
liabilities incurred in accordance with section eleven hundred eighty-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 CONTEST AN ALLEGATION OF LIABILITY IN ACCORDANCE
WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, or fails to
contest an allegation of liability in accordance with section eleven
hundred eleven-c of this chapter, or fails to contest an allegation of
liability incurred in accordance with section eleven hundred eighty-b of
this chapter, or fails to appear on a designated hearing date or subse-
quent adjourned date or fails after a hearing to comply with the deter-
mination 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 ELEVEN-D OF THIS CHAPTER, or alleged liability in accord-
ance with section eleven hundred eleven-c of this chapter or alleged
liability in accordance with section eleven hundred eighty-b of this
chapter, (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-D OF THIS CHAPTER OR contesting an allegation of liabil-
ity in accordance with section eleven hundred eleven-c of this chapter
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
A. 8368--B 16
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 7-c. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
law, as amended by section 8-c of chapter 189 of the laws of 2013, 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-D OF THIS
CHAPTER 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 determi-
nations sustaining or dismissing charges shall be entered on a final
determination roll maintained by the bureau together with records show-
ing 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-D OF THIS CHAPTER or fails to contest
an allegation of liability incurred 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 ELEVEN-D OF THIS CHAPTER 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-D OF THIS CHAPTER OR contesting an allegation of liabil-
ity 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 shall impose no greater penalty or fine
than those upon which the person was originally charged.
A. 8368--B 17
S 7-d. 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 OR THE RECORD OF LIABILITIES
INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS
CHAPTER of the person charged, 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-D 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 ELEVEN-D 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-D 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 addi-
tional 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 shall
impose no greater penalty or fine than those upon which the person was
originally charged.
S 8. Subparagraph (i) of paragraph a of subdivision 5-a of section 401
of the vehicle and traffic law, as amended by section 9 of chapter 189
of the laws of 2013, 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
A. 8368--B 18
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 OR SECTION ELEVEN HUNDRED
ELEVEN-D 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 eleven-c of this chap-
ter for a violation of a bus lane restriction as defined in such
section, or (iv) 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 commis-
sioner or his or her agent shall deny the registration or renewal appli-
cation 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 commission-
er may, in his or her discretion, deny a registration or renewal appli-
cation to any other person for the same vehicle and may deny a registra-
tion 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 subdivi-
sion and where the commissioner has reasonable 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 adminis-
trative tribunal, the registrant fails to comply with the rules and
regulations following entry of a final decision.
S 8-a. Paragraph a of subdivision 5-a of section 401 of the vehicle
and traffic law, as amended by section 9-a of chapter 189 of the laws of
2013, 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
A. 8368--B 19
liable in accordance with section eleven hundred eleven-c of this chap-
ter for a violation of a bus lane restriction as defined in such
section; OR (IV) THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION
ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION
(D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER or [(iv)] (V) the
registrant was liable in accordance with section eleven hundred eighty-b
of this chapter for a violation of subdivision (b), (c), (d), (f) or (g)
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 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 follow-
ing 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 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 8-b. Paragraph a of subdivision 5-a of section 401 of the vehicle
and traffic law, as amended by section 9-b of chapter 189 of the laws of
2013, 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
three or more summonses or other process, issued within an eighteen
month period, charging 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 accord-
ance with section eleven hundred eleven-c of this chapter for a
violation of a bus lane restriction as defined in such section[,]; OR
(III) THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED ELEVEN-D OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (D) OF
SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER; or (IV) the registrant
was liable in accordance with section eleven hundred eighty-b of this
chapter for a violation of subdivision (b), (c), (d), (f) or (g) 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 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 regis-
A. 8368--B 20
tration 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 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 8-c. Paragraph a of subdivision 5-a of section 401 of the vehicle
and traffic law, as amended by section 9-c of chapter 189 of the laws of
2013, 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: (I) such motor vehicle was parked, stopped or standing,
or that such motor vehicle was operated for hire by the registrant or
his 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-D 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 violations of subdivision (b), (c),
(d), (f) or (g) of section eleven hundred eighty of this chapter, the
commissioner or his agent shall deny the registration or renewal appli-
cation until the applicant provides proof from the court or administra-
tive tribunal wherein the charges are pending that an appearance or
answer has been made or in the case of an administrative tribunal that
he has complied with the rules and regulations of said tribunal follow-
ing entry of a final decision. Where an application is denied pursuant
to this section, the commissioner may, in his discretion, deny a regis-
tration 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 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 8-d. 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
A. 8368--B 21
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 such motor vehicle was parked, stopped or standing, or
that such motor vehicle was operated for hire by the registrant or his
agent without being licensed as a motor vehicle for hire by the appro-
priate 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 THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION ELEV-
EN HUNDRED ELEVEN-D OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (D)
OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER, the commissioner or
his agent shall deny the registration or renewal application until the
applicant provides proof from the court or administrative tribunal wher-
ein the charges are pending that an appearance or answer has been made
or in the case of an administrative tribunal 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 regis-
tered 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 subdivision. Such denial shall only remain in effect as
long as the summonses remain unanswered, or in the case of an adminis-
trative tribunal, the registrant fails to comply with the rules and
regulations following entry of a final decision.
S 9. The vehicle and traffic law is amended by adding a new section
1111-d to read as follows:
S 1111-D. OWNER LIABILITY FOR FAILURE OF OPERATOR TO COMPLY WITH
TRAFFIC-CONTROL INDICATIONS. (A) 1. NOTWITHSTANDING ANY OTHER PROVISION
OF LAW, THE CITY OF MT. VERNON IS HEREBY AUTHORIZED AND EMPOWERED TO
ADOPT AND AMEND A LOCAL LAW OR ORDINANCE ESTABLISHING A DEMONSTRATION
PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAIL-
URE OF AN OPERATOR THEREOF TO COMPLY WITH TRAFFIC-CONTROL INDICATIONS IN
SUCH CITY IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. SUCH DEMON-
STRATION PROGRAM SHALL EMPOWER SUCH CITY TO INSTALL AND OPERATE TRAFF-
IC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING DEVICES AT NO MORE THAN
TWELVE INTERSECTIONS WITHIN SUCH CITY AT ANY ONE TIME.
2. SUCH DEMONSTRATION PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES TO
ENSURE, TO THE EXTENT PRACTICABLE, THAT PHOTOGRAPHS PRODUCED BY SUCH
TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING SYSTEMS SHALL NOT
INCLUDE IMAGES THAT IDENTIFY THE DRIVER, THE PASSENGERS, OR THE CONTENTS
OF THE VEHICLE. PROVIDED, HOWEVER, THAT NO NOTICE OF LIABILITY ISSUED
PURSUANT TO THIS SECTION SHALL BE DISMISSED SOLELY BECAUSE A PHOTOGRAPH
OR PHOTOGRAPHS ALLOW FOR THE IDENTIFICATION OF THE CONTENTS OF A VEHI-
CLE, PROVIDED THAT SUCH CITY HAS MADE A REASONABLE EFFORT TO COMPLY WITH
THE PROVISIONS OF THIS PARAGRAPH.
(B) IN ANY SUCH CITY WHICH HAS ADOPTED A LOCAL LAW OR ORDINANCE PURSU-
ANT TO SUBDIVISION (A) 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 (D) OF SECTION ELEVEN HUNDRED ELEV-
EN OF THIS ARTICLE, AND SUCH VIOLATION IS EVIDENCED BY INFORMATION
OBTAINED FROM A TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING
SYSTEM; PROVIDED HOWEVER THAT NO OWNER OF A VEHICLE SHALL BE LIABLE FOR
A. 8368--B 22
A PENALTY IMPOSED PURSUANT TO THIS SECTION WHERE THE OPERATOR OF SUCH
VEHICLE HAS BEEN CONVICTED OF THE UNDERLYING VIOLATION OF SUBDIVISION
(D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE.
(C) FOR PURPOSES OF THIS SECTION, "OWNER" SHALL HAVE THE MEANING
PROVIDED IN ARTICLE TWO-B OF THIS CHAPTER. FOR PURPOSES OF THIS SECTION,
"TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING SYSTEM" SHALL MEAN A
VEHICLE SENSOR INSTALLED TO WORK IN CONJUNCTION WITH A TRAFFIC-CONTROL
SIGNAL WHICH AUTOMATICALLY PRODUCES TWO OR MORE PHOTOGRAPHS, TWO OR MORE
MICROPHOTOGRAPHS, A VIDEOTAPE OR OTHER RECORDED IMAGES OF EACH VEHICLE
AT THE TIME IT IS USED OR OPERATED IN VIOLATION OF SUBDIVISION (D) OF
SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE.
(D) A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY
THE CITY OF MT. VERNON IN WHICH THE CHARGED VIOLATION OCCURRED, OR A
FACSIMILE THEREOF, BASED UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTO-
GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY A TRAFFIC-CONTROL
SIGNAL PHOTO VIOLATION-MONITORING SYSTEM, SHALL BE PRIMA FACIE EVIDENCE
OF THE FACTS CONTAINED THEREIN. ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDE-
OTAPE 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 A LOCAL LAW OR ORDINANCE ADOPTED PURSUANT
TO THIS SECTION.
(E) AN OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (D) OF SECTION
ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO A LOCAL LAW OR ORDI-
NANCE ADOPTED PURSUANT TO THIS SECTION SHALL BE LIABLE FOR MONETARY
PENALTIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND PENALTIES TO BE SET
FORTH IN SUCH LOCAL LAW OR ORDINANCE, EXCEPT THAT IF SUCH CITY BY LOCAL
LAW HAS AUTHORIZED THE ADJUDICATION OF SUCH OWNER LIABILITY BY A PARKING
VIOLATIONS BUREAU, SUCH SCHEDULE SHALL BE PROMULGATED BY SUCH BUREAU.
THE LIABILITY OF THE OWNER PURSUANT TO THIS SECTION SHALL NOT EXCEED
FIFTY DOLLARS FOR EACH VIOLATION; PROVIDED, HOWEVER, THAT SUCH LOCAL LAW
OR ORDINANCE MAY PROVIDE FOR AN ADDITIONAL PENALTY NOT IN EXCESS OF
TWENTY-FIVE DOLLARS FOR EACH VIOLATION FOR THE FAILURE TO RESPOND TO A
NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME PERIOD.
(F) AN IMPOSITION OF LIABILITY UNDER A LOCAL LAW OR ORDINANCE ADOPTED
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 VEHICLE INSURANCE COVERAGE.
(G) 1. A NOTICE OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL TO EACH
PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION
(D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO THIS
SECTION. PERSONAL DELIVERY ON THE OWNER SHALL NOT BE REQUIRED. A MANUAL
OR AUTOMATIC RECORD OF MAILING PREPARED IN THE ORDINARY COURSE OF BUSI-
NESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN.
2. 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
(D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO THIS
SECTION, THE REGISTRATION 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 CAMERA WHICH
RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER.
3. 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
A. 8368--B 23
IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF LIABIL-
ITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE CITY OF
MT. VERNON, OR BY ANY OTHER ENTITY AUTHORIZED BY SUCH CITY TO PREPARE
AND MAIL SUCH NOTIFICATION OF VIOLATION.
(H) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION
SHALL BE BY A TRAFFIC VIOLATIONS BUREAU ESTABLISHED PURSUANT TO SECTION
THREE HUNDRED SEVENTY OF THE GENERAL MUNICIPAL LAW OR, IF THERE BE NONE,
BY THE COURT HAVING JURISDICTION OVER TRAFFIC INFRACTIONS, EXCEPT THAT
IF SUCH CITY HAS ESTABLISHED AN ADMINISTRATIVE TRIBUNAL TO HEAR AND
DETERMINE COMPLAINTS OF TRAFFIC INFRACTIONS CONSTITUTING PARKING, STAND-
ING OR STOPPING VIOLATIONS SUCH CITY MAY, BY LOCAL LAW, AUTHORIZE SUCH
ADJUDICATION BY SUCH TRIBUNAL.
(I) IF AN OWNER RECEIVES A NOTICE OF LIABILITY PURSUANT TO THIS
SECTION FOR ANY TIME PERIOD DURING WHICH THE 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 (D) OF SECTION
ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO THIS SECTION 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 SUFFI-
CIENT THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE STOLEN VEHICLE
BE SENT BY FIRST CLASS MAIL TO THE TRAFFIC VIOLATIONS BUREAU, COURT
HAVING JURISDICTION OR PARKING VIOLATIONS BUREAU.
(J) 1. IN SUCH CITY WHERE THE ADJUDICATION OF LIABILITY IMPOSED UPON
OWNERS PURSUANT TO THIS SECTION IS BY A TRAFFIC VIOLATIONS BUREAU OR A
COURT HAVING JURISDICTION, AN OWNER WHO IS A LESSOR OF A VEHICLE TO
WHICH A NOTICE OF LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION (G) OF
THIS SECTION SHALL NOT BE LIABLE FOR THE VIOLATION OF SUBDIVISION (D) OF
SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE, PROVIDED THAT HE OR SHE
SENDS TO THE TRAFFIC VIOLATIONS BUREAU OR COURT HAVING JURISDICTION A
COPY OF THE RENTAL, LEASE OR OTHER SUCH CONTRACT DOCUMENT COVERING SUCH
VEHICLE ON THE DATE OF THE VIOLATION, WITH THE NAME AND ADDRESS OF THE
LESSEE CLEARLY LEGIBLE, WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE
FROM THE BUREAU OR COURT OF THE DATE AND TIME OF SUCH VIOLATION, TOGETH-
ER WITH THE OTHER INFORMATION CONTAINED IN THE ORIGINAL NOTICE OF
LIABILITY. FAILURE TO SEND SUCH INFORMATION WITHIN SUCH THIRTY-SEVEN DAY
TIME PERIOD SHALL RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED BY
THIS SECTION. WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF THIS
PARAGRAPH, 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 THE VIOLATION OF SUBDIVISION
(D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO THIS
SECTION AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION
(G) OF THIS SECTION.
2. (I) IN SUCH CITY WHICH, BY LOCAL LAW, HAS AUTHORIZED THE ADJUDI-
CATION OF LIABILITY IMPOSED UPON OWNERS BY THIS SECTION BY A PARKING
VIOLATIONS BUREAU, AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A
NOTICE OF LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION (G) OF THIS
SECTION SHALL NOT BE LIABLE FOR THE VIOLATION OF SUBDIVISION (D) OF
SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE, PROVIDED THAT:
(A) PRIOR TO THE VIOLATION, THE LESSOR HAS FILED WITH THE BUREAU IN
ACCORDANCE WITH THE PROVISIONS OF SECTION TWO HUNDRED THIRTY-NINE OF
THIS CHAPTER; AND
(B) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE BUREAU OF
THE DATE AND TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFORMATION
A. 8368--B 24
CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY, THE LESSOR SUBMITS TO THE
BUREAU THE CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE IDENTI-
FIED 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 THE BUREAU
PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE.
(II) FAILURE TO COMPLY WITH CLAUSE (B) OF SUBPARAGRAPH (I) OF THIS
PARAGRAPH SHALL RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED IN
THIS SECTION.
(III) WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF THIS PARAGRAPH,
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 PURSUANT TO THIS SECTION AND
SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (G) OF THIS
SECTION.
(K) 1. IF THE OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (D) OF
SECTION ELEVEN HUNDRED ELEVEN 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.
2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO OWNER OF A
VEHICLE SHALL BE SUBJECT TO A MONETARY FINE IMPOSED PURSUANT TO THIS
SECTION IF THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH-
OUT THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR FAILED TO OBEY A
TRAFFIC-CONTROL INDICATION. FOR PURPOSES OF THIS SUBDIVISION THERE SHALL
BE A PRESUMPTION THAT THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH
VEHICLE WITH THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR FAILED
TO OBEY A TRAFFIC-CONTROL INDICATION.
(L) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF SUBDIVISION (D) OF
SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE.
(M) IN ANY SUCH CITY WHICH ADOPTS A DEMONSTRATION PROGRAM PURSUANT TO
SUBDIVISION (A) OF THIS SECTION, SUCH CITY SHALL SUBMIT AN ANNUAL REPORT
ON THE RESULTS OF THE USE OF A TRAFFIC-CONTROL SIGNAL PHOTO
VIOLATION-MONITORING SYSTEM TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF
THE SENATE AND THE SPEAKER OF THE ASSEMBLY ON OR BEFORE JUNE FIRST, TWO
THOUSAND FIFTEEN AND ON THE SAME DATE IN EACH SUCCEEDING YEAR IN WHICH
THE DEMONSTRATION PROGRAM IS OPERABLE. SUCH REPORT SHALL INCLUDE, BUT
NOT BE LIMITED TO:
1. A DESCRIPTION OF THE LOCATIONS WHERE TRAFFIC-CONTROL SIGNAL PHOTO
VIOLATION-MONITORING SYSTEMS WERE USED;
2. THE AGGREGATE NUMBER, TYPE AND SEVERITY OF ACCIDENTS REPORTED AT
INTERSECTIONS WHERE A TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING
SYSTEM IS USED FOR THE YEAR PRECEDING THE INSTALLATION OF SUCH SYSTEM,
TO THE EXTENT THE INFORMATION IS MAINTAINED BY THE DEPARTMENT OF MOTOR
VEHICLES OF THIS STATE;
3. THE AGGREGATE NUMBER, TYPE AND SEVERITY OF ACCIDENTS REPORTED AT
INTERSECTIONS WHERE A TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING
SYSTEM IS USED, TO THE EXTENT THE INFORMATION IS MAINTAINED BY THE
DEPARTMENT OF MOTOR VEHICLES OF THIS STATE;
4. THE NUMBER OF VIOLATIONS RECORDED AT EACH INTERSECTION WHERE A
TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING SYSTEM IS USED AND IN
THE AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS;
5. THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED FOR VIOLATIONS
RECORDED BY SUCH SYSTEMS;
6. THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID AFTER FIRST
NOTICE OF LIABILITY ISSUED FOR VIOLATIONS RECORDED BY SUCH SYSTEMS;
A. 8368--B 25
7. THE NUMBER OF VIOLATIONS ADJUDICATED AND RESULTS OF SUCH ADJUDI-
CATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE FOR VIOLATIONS
RECORDED BY SUCH SYSTEMS;
8. THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH CITY FROM SUCH ADJUDI-
CATIONS;
9. EXPENSES INCURRED BY SUCH CITY IN CONNECTION WITH THE PROGRAM; AND
10. QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
(N) IT SHALL BE A DEFENSE TO ANY PROSECUTION FOR A VIOLATION OF SUBDI-
VISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO
A LOCAL LAW OR ORDINANCE ADOPTED PURSUANT TO THIS SECTION THAT SUCH
TRAFFIC-CONTROL INDICATIONS WERE MALFUNCTIONING AT THE TIME OF THE
ALLEGED VIOLATION.
S 10. The opening paragraph and paragraph (c) of subdivision 1 of
section 1809 of the vehicle and traffic law, as amended by section 11 of
chapter 189 of the laws of 2013, 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 in accordance
with section eleven hundred eleven-c of this chapter for a violation of
a bus lane restriction as defined in such section, 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-D OF THIS CHAPTER, or other than an adju-
dication of liability of an owner for a violation of subdivision (b),
(c), (d), (f) or (g) 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 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 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-D 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
A. 8368--B 26
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 in accordance with section eleven hundred eleven-c of
this chapter for a violation of a bus lane restriction as defined in
such section, or other than an adjudication of liability of an owner for
a violation of subdivision (b), (c), (d), (f) or (g) 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 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 10-a. Subdivision 1 of section 1809 of the vehicle and traffic law,
as amended by section 11-a of chapter 189 of the laws of 2013, 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 in
accordance with section eleven hundred eleven-c of this chapter for a
violation of a bus lane restriction as defined in such section, 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-D OF THIS CHAPTER, or
other than an adjudication of liability of an owner for a violation of
subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty
of this chapter in accordance with section eleven hundred eighty-b of
this chapter, there shall be levied a mandatory surcharge, in addition
to any sentence required or permitted by law, in the amount of twenty-
five dollars.
S 10-b. Subdivision 1 of section 1809 of the vehicle and traffic law,
as amended by section 11-b of chapter 189 of the laws of 2013, 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
in accordance with section eleven hundred eleven-c of this chapter for a
violation of a bus lane restriction as defined in such section, OR OTHER
THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDI-
VISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN ACCORD-
ANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, or other than
an adjudication of liability of an owner for a violation of subdivision
(b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
ter in accordance with section eleven hundred eighty-b of this chapter,
there shall be levied a mandatory surcharge, in addition to any sentence
required or permitted by law, in the amount of seventeen dollars.
A. 8368--B 27
S 10-c. Subdivision 1 of section 1809 of the vehicle and traffic law,
as amended by section 11-c of chapter 189 of the laws of 2013, 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 (b), (c), (d),
(f) or (g) of section eleven hundred eighty of this chapter in accord-
ance with section eleven hundred eighty-b 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-D OF THIS CHAPTER, there shall be levied a
mandatory surcharge, in addition to any sentence required or permitted
by law, in the amount of seventeen dollars.
S 10-d. 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 (D) OF SECTION
ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED ELEVEN-D OF THIS CHAPTER, there shall be levied a mandatory
surcharge, in addition to any sentence required or permitted by law, in
the amount of seventeen dollars.
S 11. Paragraph a of subdivision 1 of section 1809-e of the vehicle
and traffic law, as amended by section 12-a of chapter 189 of the laws
of 2013, is amended to read as follows:
a. Notwithstanding any other provision of law, whenever proceedings in
a court or an administrative tribunal of this state result in a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic infraction under this chapter, or a local law, ordinance, rule or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists, and except 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 chap-
ter OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAP-
TER, and except 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, and
except an adjudication in accordance with section eleven hundred
eleven-c of this chapter of a violation of a bus lane restriction as
defined in such section, and [expect] EXCEPT an adjudication of liabil-
ity of an owner for a violation of subdivision (b), (c), (d), (f) or (g)
of section eleven hundred eighty of this chapter in accordance with
section eleven hundred eighty-b of this chapter, and except an adjudi-
cation of liability of an owner for a violation of toll collection regu-
lations pursuant to 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
A. 8368--B 28
fifty, there shall be levied in addition to any sentence, penalty or
other surcharge required or permitted by law, an additional surcharge of
twenty-eight dollars.
S 11-a. Paragraph a of subdivision 1 of section 1809-e of the vehicle
and traffic law, as amended by section 12-b of chapter 189 of the laws
of 2013, is amended to read as follows:
a. Notwithstanding any other provision of law, whenever proceedings in
a court or an administrative tribunal of this state result in a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic infraction under this chapter, or a local law, ordinance, rule or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists, and except 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 chap-
ter OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAP-
TER, and except an adjudication in accordance with section eleven
hundred eleven-c of this chapter of a violation of a bus lane
restriction as defined in such section, and except an adjudication of
liability of an owner for a violation of subdivision (b), (c), (d), (f)
or (g) of section eleven hundred eighty of this chapter in accordance
with section eleven hundred eighty-b of this chapter, and except an
adjudication of liability of an owner for a violation of toll collection
regulations pursuant to 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, there shall be levied in addition to any sentence, penal-
ty or other surcharge required or permitted by law, an additional
surcharge of twenty-eight dollars.
S 11-b. Paragraph a of subdivision 1 of section 1809-e of the vehicle
and traffic law, as amended by section 12-c of chapter 189 of the laws
of 2013, is amended to read as follows:
a. Notwithstanding any other provision of law, whenever proceedings in
a court or an administrative tribunal of this state result in a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic infraction under this chapter, or a local law, ordinance, rule or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists, and except 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 chap-
ter OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAP-
TER, and except an adjudication of liability of an owner for a violation
of subdivision (b), (c), (d), (f) or (g) of section eleven hundred
eighty of this chapter in accordance with section eleven hundred eight-
y-b of this chapter, and except an adjudication of liability of an owner
for a violation of toll collection regulations pursuant to 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, there shall be
levied in addition to any sentence, penalty or other surcharge required
or permitted by law, an additional surcharge of twenty-eight dollars.
A. 8368--B 29
S 11-c. Paragraph a of subdivision 1 of section 1809-e of the vehicle
and traffic law, as amended by section 5 of part C of chapter 55 of the
laws of 2013, is amended to read as follows:
a. Notwithstanding any other provision of law, whenever proceedings in
a court or an administrative tribunal of this state result in a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic infraction under this chapter, or a local law, ordinance, rule or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists, and except 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 chap-
ter OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAP-
TER, and except an adjudication of liability of an owner for a violation
of toll collection regulations pursuant to 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, there shall be levied in addition to any
sentence, penalty or other surcharge required or permitted by law, an
additional surcharge of twenty-eight dollars.
S 12. Subdivision 1 of section 371 of the general municipal law, as
separately amended by sections 20 of chapters 20 and 383 of the laws of
2009, is amended to read as follows:
1. A traffic violations bureau so established may be authorized to
dispose of violations of traffic laws, ordinances, rules and regulations
when such offenses shall not constitute the traffic infraction known as
speeding or a misdemeanor or felony, and, if authorized by local law or
ordinance, to adjudicate the liability of owners for violations of
subdivision (d) of section eleven hundred eleven of the vehicle and
traffic law in accordance with section eleven hundred eleven-a of such
law or section eleven hundred eleven-b of such law [as added by section
sixteen of the chapter of the laws of two thousand nine] AS ADDED BY
SECTIONS SIXTEEN OF CHAPTERS TWENTY, TWENTY-ONE, AND TWENTY-TWO OF THE
LAWS OF TWO THOUSAND NINE which amended this [section] subdivision, OR
SECTION ELEVEN HUNDRED ELEVEN-D OF SUCH LAW.
S 12-a. Section 371 of the general municipal law, as separately
amended by sections 21 of chapters 20 and 383 of the laws of 2009, is
amended to read as follows:
S 371. Jurisdiction and procedure. A traffic violations bureau so
established may be authorized to dispose of violations of traffic laws,
ordinances, rules and regulations when such offenses shall not consti-
tute the traffic infraction known as speeding or a misdemeanor or felo-
ny, and, if authorized by local law or ordinance, to adjudicate the
liability of owners for violations of subdivision (d) of section eleven
hundred eleven of the vehicle and traffic law in accordance with section
eleven hundred eleven-b of such law as added by [section] SECTIONS
sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE, AND TWENTY-TWO of
the laws of two thousand nine which amended this section OR SECTION
ELEVEN HUNDRED ELEVEN-D OF SUCH LAW, by permitting a person charged with
an offense within the limitations herein stated, to answer, within a
specified time, at the traffic violations bureau, either in person or by
written power of attorney in such form as may be prescribed in the ordi-
nance creating the bureau, by paying a prescribed fine and, in writing,
waiving a hearing in court, pleading guilty to the charge or admitting
liability as an owner for the violation of subdivision (d) of section
A. 8368--B 30
eleven hundred eleven of the vehicle and traffic law, as the case may
be, and authorizing the person in charge of the bureau to make such a
plea or admission and pay such a fine in court. Acceptance of the
prescribed fine and power of attorney by the bureau shall be deemed
complete satisfaction for the violation or of the liability, and the
violator or owner liable for a violation of subdivision (d) of section
eleven hundred eleven of the vehicle and traffic law shall be given a
receipt which so states. If a person charged with a traffic violation
does not answer as hereinbefore prescribed, within a designated time,
the bureau shall cause a complaint to be entered against him or her
forthwith and a warrant to be issued for his or her arrest and appear-
ance before the court. Any person who shall have been, within the
preceding twelve months, guilty of a number of parking violations in
excess of such maximum number as may be designated by the court, or of
three or more violations other than parking violations, shall not be
permitted to appear and answer to a subsequent violation at the traffic
violations bureau, but must appear in court at a time specified by the
bureau. Such traffic violations bureau shall not be authorized to
deprive a person of his or her right to counsel or to prevent him or her
from exercising his or her right to appear in court to answer to,
explain, or defend any charge of a violation of any traffic law, ordi-
nance, rule or regulation.
S 12-b. Section 371 of the general municipal law, as amended by chap-
ter 802 of the laws of 1949, is amended to read as follows:
S 371. Jurisdiction and procedure. A traffic violations bureau so
established may be authorized to dispose of violations of traffic laws,
ordinances, rules and regulations when such offenses shall not consti-
tute the traffic infraction known as speeding or a misdemeanor or felo-
ny, AND, IF AUTHORIZED BY LOCAL LAW OR ORDINANCE, TO ADJUDICATE THE
LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (D) OF SECTION ELEVEN
HUNDRED ELEVEN OF THE VEHICLE AND TRAFFIC LAW IN ACCORDANCE WITH SECTION
ELEVEN HUNDRED ELEVEN-D OF THE VEHICLE AND TRAFFIC LAW, by permitting a
person charged with an offense within the limitations herein stated, to
answer, within a specified time, at the traffic violations bureau,
either in person or by written power of attorney in such form as may be
prescribed in the ordinance creating the bureau, by paying a prescribed
fine and, in writing, waiving a hearing in court, pleading guilty to the
charge OR ADMITTING LIABILITY AS AN OWNER FOR THE VIOLATION OF SUBDIVI-
SION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THE VEHICLE AND TRAFFIC
LAW, AS THE CASE MAY BE, and authorizing the person in charge of the
bureau to make such a plea OR ADMISSION and pay such a fine in court.
Acceptance of the prescribed fine and power of attorney by the bureau
shall be deemed complete satisfaction for the violation OR OF THE
LIABILITY, and the violator OR OWNER LIABLE FOR A VIOLATION OF SUBDIVI-
SION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THE VEHICLE AND TRAFFIC LAW
shall be given a receipt which so states. If a person charged with a
traffic violation does not answer as hereinbefore prescribed, within a
designated time, the bureau shall cause a complaint to be entered
against him OR HER forthwith and a warrant to be issued for his OR HER
arrest and appearance before the court. Any person who shall have been,
within the preceding twelve months, guilty of a number of parking
violations in excess of such maximum number as may be designated by the
court, or of three or more violations other than parking violations,
shall not be permitted to appear and answer to a subsequent violation at
the traffic violations bureau, but must appear in court at a time speci-
fied by the bureau. Such traffic violations bureau shall not be author-
A. 8368--B 31
ized to deprive a person of his OR HER right to counsel or to prevent
him OR HER from exercising his OR HER right to appear in court to answer
to, explain, or defend any charge of a violation of any traffic law,
ordinance, rule or regulation.
S 13. Subdivision 2 of section 87 of the public officers law is
amended by adding a new paragraph (n) to read as follows:
(N) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED
IMAGES PREPARED UNDER AUTHORITY OF SECTION ELEVEN HUNDRED ELEVEN-D OF
THE VEHICLE AND TRAFFIC LAW.
S 14. The purchase or lease of equipment for a demonstration program
established pursuant to section 1111-d of the vehicle and traffic law
shall be subject to the provisions of section 103 of the general munici-
pal 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
effective date, provided that:
(a) the amendments to subdivision 1 of section 235 of the vehicle and
traffic law made by section one of this act shall not affect the expira-
tion of such subdivision and shall be deemed to expire therewith, when
upon such date the provisions of section one-a of this act shall take
effect;
(b) the amendments to section 235 of the vehicle and traffic law made
by section one-a of this act shall not affect the expiration of such
section and shall be deemed to expire therewith, when upon such date the
provisions of section one-b of this act shall take effect;
(c) the amendments to section 235 of the vehicle and traffic law made
by section one-b of this act shall not affect the expiration of such
section and shall be deemed to expire therewith, when upon such date the
provisions of section one-c of this act shall take effect;
(d) the amendments to section 235 of the vehicle and traffic law made
by section one-c of this act shall not affect the expiration of such
section and shall be deemed to expire therewith, when upon such date the
provisions of section one-d of this act shall take effect;
(e) the amendments to section 235 of the vehicle and traffic law made
by section one-d of this act shall not affect the expiration of such
section and shall be deemed to expire therewith, when upon such date the
provisions of section one-e of this act shall take effect;
(f) the amendments to subdivision 1 of section 236 of the vehicle and
traffic law made by section two of this act shall not affect the expira-
tion of such subdivision and shall be deemed to expire therewith, when
upon such date the provisions of section two-a of this act shall take
effect;
(g) the amendments to subdivision 1 of section 236 of the vehicle and
traffic law made by section two-a of this act shall not affect the expi-
ration of such subdivision and shall be deemed to expire therewith, when
upon such date the provisions of section two-b of this act shall take
effect;
(h) the amendments to subdivision 1 of section 236 of the vehicle and
traffic law made by section two-b of this act shall not affect the expi-
ration of such subdivision and shall be deemed to expire therewith, when
upon such date the provisions of section two-c of this act shall take
effect;
A. 8368--B 32
(i) the amendments to subdivision 1 of section 236 of the vehicle and
traffic law made by section two-c of this act shall not affect the expi-
ration of such subdivision and shall be deemed to expire therewith, when
upon such date the provisions of section two-d of this act shall take
effect;
(j) the amendments to paragraph f of subdivision 1 of section 239 of
the vehicle and traffic law made by section four of this act shall not
affect the expiration of such paragraph and shall be deemed to expire
therewith, when upon such date the provisions of section four-a of this
act shall take effect;
(k) the amendments to paragraph f of subdivision 1 of section 239 of
the vehicle and traffic law made by section four-a of this act shall not
affect the expiration of such paragraph and shall be deemed to expire
therewith, when upon such date the provisions of section four-b of this
act shall take effect;
(l) the amendments to paragraph f of subdivision 1 of section 239 of
the vehicle and traffic law made by section four-b of this act shall not
affect the expiration of such paragraph and shall be deemed to expire
therewith, when upon such date the provisions of section four-c of this
act shall take effect;
(m) the amendments to paragraph f of subdivision 1 of section 239 of
the vehicle and traffic law made by section four-c of this act shall not
affect the expiration of such paragraph and shall be deemed to expire
therewith, when upon such date the provisions of section four-d of this
act shall take effect;
(n) the amendments to subdivisions 1 and 1-a of section 240 of the
vehicle and traffic law made by section five of this act shall not
affect the expiration of such subdivisions and shall be deemed to expire
therewith, when upon such date the provisions of section five-a of this
act shall take effect;
(o) the amendments to subdivisions 1 and 1-a of section 240 of the
vehicle and traffic law made by section five-a of this act shall not
affect the expiration of such subdivisions and shall be deemed to expire
therewith, when upon such date the provisions of section five-b of this
act shall take effect;
(p) the amendments to subdivisions 1 and 1-a of section 240 of the
vehicle and traffic law made by section five-b of this act shall not
affect the expiration of such subdivisions and shall be deemed to expire
therewith, when upon such date the provisions of section five-c of this
act shall take effect;
(q) the amendments to subdivisions 1 and 1-a of section 240 of the
vehicle and traffic law made by section five-c of this act shall not
affect the expiration of such subdivisions and shall be deemed to expire
therewith, when upon such date the provisions of section five-d of this
act shall take effect;
(r) the amendments to paragraphs a and g of subdivision 2 of section
240 of the vehicle and traffic law made by section six of this act shall
not affect the expiration of such paragraphs and shall be deemed to
expire therewith, when upon such date the provisions of section six-a of
this act shall take effect;
(s) the amendments to paragraphs a and g of subdivision 2 of section
240 of the vehicle and traffic law made by section six-a of this act
shall not affect the expiration of such paragraphs and shall be deemed
to expire therewith, when upon such date the provisions of section six-b
of this act shall take effect;
A. 8368--B 33
(t) the amendments to paragraphs a and g of subdivision 2 of section
240 of the vehicle and traffic law made by section six-b of this act
shall not affect the expiration of such paragraphs and shall be deemed
to expire therewith, when upon such date the provisions of section six-c
of this act shall take effect;
(u) the amendments to paragraphs a and g of subdivision 2 of section
240 of the vehicle and traffic law made by section six-c of this act
shall not affect the expiration of such paragraphs and shall be deemed
to expire therewith, when upon such date the provisions of section six-d
of this act shall take effect;
(v) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
cle and traffic law made by section seven of this act shall not affect
the expiration of such subdivisions and shall be deemed to expire there-
with, when upon such date the provisions of section seven-a of this act
shall take effect;
(w) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
cle and traffic law made by section seven-a of this act shall not affect
the expiration of such subdivisions and shall be deemed to expire there-
with, when upon such date the provisions of section seven-b of this act
shall take effect;
(x) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
cle and traffic law made by section seven-b of this act shall not affect
the expiration of such subdivisions and shall be deemed to expire there-
with, when upon such date the provisions of section seven-c of this act
shall take effect;
(y) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
cle and traffic law made by section seven-c of this act shall not affect
the expiration of such subdivisions and shall be deemed to expire there-
with, when upon such date the provisions of section seven-d of this act
shall take effect;
(z) the amendments to subparagraph (i) of paragraph a of subdivision
5-a of section 401 of the vehicle and traffic law made by section eight
of this act shall not affect the expiration of such paragraph and shall
be deemed to expire therewith, when upon such date the provisions of
section eight-a of this act shall take effect;
(aa) the amendments to paragraph a of subdivision 5-a of section 401
of the vehicle and traffic law made by section eight-a of this act shall
not affect the expiration of such paragraph and shall be deemed to
expire therewith, when upon such date the provisions of section eight-b
of this act shall take effect;
(bb) the amendments to paragraph a of subdivision 5-a of section 401
of the vehicle and traffic law made by section eight-b of this act shall
not affect the expiration of such paragraph and shall be deemed to
expire therewith, when upon such date the provisions of section eight-c
of this act shall take effect;
(cc) the amendments to paragraph a of subdivision 5-a of section 401
of the vehicle and traffic law made by section eight-c of this act shall
not affect the expiration of such paragraph and shall be deemed to
expire therewith, when upon such date the provisions of section eight-d
of this act shall take effect;
(dd) the amendments to subdivision 1 of section 1809 of the vehicle
and traffic law made by section ten of this act shall not affect the
expiration of such subdivision and shall be deemed to expire therewith,
when upon such date the provisions of section ten-a of this act shall
take effect;
A. 8368--B 34
(ee) the amendments to subdivision 1 of section 1809 of the vehicle
and traffic law made by section ten-a of this act shall not affect the
expiration of such subdivision and shall be deemed to expire therewith,
when upon such date the provisions of section ten-b of this act shall
take effect;
(ff) the amendments to subdivision 1 of section 1809 of the vehicle
and traffic law made by section ten-b of this act shall not affect the
expiration of such subdivision and shall be deemed to expire therewith,
when upon such date the provisions of section ten-c of this act shall
take effect;
(gg) the amendments to subdivision 1 of section 1809 of the vehicle
and traffic law made by section ten-c of this act shall not affect the
expiration of such subdivision and shall be deemed to expire therewith,
when upon such date the provisions of section ten-d of this act shall
take effect;
(hh) the amendments to paragraph a of subdivision 1 of section 1809-e
of the vehicle and traffic law made by section eleven of this act shall
not affect the expiration of such paragraph and shall be deemed to
expire therewith, when upon such date the provisions of section eleven-a
of this act shall take effect;
(ii) the amendments to paragraph a of subdivision 1 of section 1809-e
of the vehicle and traffic law made by section eleven-a of this act
shall not affect the expiration of such paragraph and shall be deemed to
expire therewith, when upon such date the provisions of section eleven-b
of this act shall take effect;
(jj) the amendments to paragraph a of subdivision 1 of section 1809-e
of the vehicle and traffic law made by section eleven-b of this act
shall not affect the expiration of such paragraph and shall be deemed to
expire therewith, when upon such date the provisions of section eleven-c
of this act shall take effect;
(kk) the amendments made to subdivision 1 of section 371 of the gener-
al municipal law made by section twelve of this act shall not affect the
expiration of such subdivision and shall be deemed to expire therewith,
when upon such date the provisions of section twelve-a of this act shall
take effect; and
(ll) the amendments made to section 371 of the general municipal law
by section twelve-a of this act shall not affect the expiration of such
section and shall be deemed to expire therewith, when upon such date the
provisions of section twelve-b of this act shall take effect.