[ ] is old law to be omitted.
LBD01147-07-1
S. 2740--B 2
A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A
VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH POSTED
MAXIMUM SPEED LIMITS THROUGH THE INSTALLATION AND OPERATION OF PHOTO
SPEED VIOLATION MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE THIRTY OF
THIS CHAPTER, OR (D) TO ADJUDICATE THE LIABILITY OF OWNERS FOR
VIOLATIONS OF BUS LANE RESTRICTIONS AS DEFINED BY ARTICLE TWENTY-FOUR OF
THIS CHAPTER IMPOSED PURSUANT TO A BUS RAPID TRANSIT PROGRAM IMPOSING
MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR
THEREOF TO COMPLY WITH SUCH BUS LANE RESTRICTIONS THROUGH THE INSTALLA-
TION AND OPERATION OF BUS LANE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE
TWENTY-FOUR OF THIS CHAPTER, OR (E) TO ADJUDICATE THE LIABILITY OF
OWNERS FOR VIOLATIONS OF TOLL COLLECTION REGULATIONS IMPOSED BY CERTAIN
PUBLIC AUTHORITIES PURSUANT TO THE LAW AUTHORIZING SUCH PUBLIC AUTHORI-
TIES TO IMPOSE MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE
OF AN OPERATOR THEREOF TO COMPLY WITH TOLL COLLECTION REGULATIONS OF
SUCH PUBLIC AUTHORITIES THROUGH THE INSTALLATION AND OPERATION OF
PHOTO-MONITORING SYSTEMS, 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 (F) TO ADJUDICATE
THE LIABILITY OF OWNERS FOR VIOLATIONS OF SECTION ELEVEN HUNDRED SEVEN-
TY-FOUR OF THIS CHAPTER WHEN MEETING A SCHOOL BUS MARKED AND EQUIPPED AS
PROVIDED IN SUBDIVISIONS TWENTY AND TWENTY-ONE-C OF SECTION THREE
HUNDRED SEVENTY-FIVE OF THIS CHAPTER IMPOSED PURSUANT TO A LOCAL LAW OR
ORDINANCE IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR
FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SCHOOL BUS RED VISUAL
SIGNALS THROUGH THE INSTALLATION AND OPERATION OF SCHOOL BUS PHOTO
VIOLATION MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE TWENTY-NINE OF
THIS CHAPTER, OR (G) TO ADJUDICATE THE LIABILITY OF OWNERS FOR
VIOLATIONS OF SECTION THREE HUNDRED EIGHTY-FIVE OF THIS CHAPTER AND THE
RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK IN
RELATION TO GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT VIOLATIONS IMPOSED
PURSUANT TO A WEIGH IN MOTION DEMONSTRATION PROGRAM IMPOSING MONETARY
LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF
TO COMPLY WITH SUCH GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT RESTRICTIONS
THROUGH THE INSTALLATION AND OPERATION OF WEIGH IN MOTION VIOLATION
MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE TEN OF THIS CHAPTER, SUCH
TRIBUNAL AND THE RULES AND REGULATIONS PERTAINING THERETO SHALL BE
CONSTITUTED IN SUBSTANTIAL CONFORMANCE WITH THE FOLLOWING SECTIONS.
2. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF ANY GENERAL, SPECIAL
OR LOCAL LAW OR ADMINISTRATIVE CODE TO THE CONTRARY, ANY CITY WITH A
POPULATION IN EXCESS OF ONE HUNDRED THOUSAND PERSONS ACCORDING TO THE
NINETEEN HUNDRED EIGHTY UNITED STATES CENSUS HEREINAFTER REFERRED TO AS
A CITY SHALL PROVIDE NOTICE OF PARKING VIOLATIONS AND OF THE IMPOSITION
OF ADDITIONAL PENALTIES WHENEVER THE PERSON WHO IS LIABLE THEREFOR FAILS
TO RESPOND TO THE PARKING TICKET IN THE MANNER DESIGNATED THEREON. SUCH
NOTICE SHALL BE IN SUBSTANTIAL CONFORMANCE WITH THE FOLLOWING
PROVISIONS:
A. NOTICE. (1) WHENEVER A CITY ISSUES A NOTICE OF VIOLATION FOR A
PARKING VIOLATION, IT SHALL BE SERVED IN THE MANNER PRESCRIBED BY SUBDI-
VISION TWO OF SECTION TWO HUNDRED THIRTY-EIGHT OF THIS ARTICLE.
(2) WHENEVER A PERSON HAS BEEN ISSUED A NOTICE OF VIOLATION FOR A
PARKING VIOLATION AND HAS NOT RESPONDED IN THE MANNER DESCRIBED IN THE
NOTICE, A CITY SHALL GIVE THE OWNER A SECOND NOTICE OF THE VIOLATION BY
REGULAR FIRST CLASS MAIL: (I) WITHIN FORTY DAYS OF ISSUANCE OF THE FIRST
NOTICE OF VIOLATION FOR A PARKING VIOLATION WHERE THE VEHICLE IS A VEHI-
S. 2740--B 3
CLE REGISTERED IN THIS STATE; OR (II) WITHIN FORTY DAYS OF THE RECEIPT
BY SUCH CITY OF THE NAME AND ADDRESS OF THE OWNER OF THE VEHICLE WHERE
THE VEHICLE IS A VEHICLE REGISTERED IN ANY OTHER STATE. SUCH SECOND
NOTICE SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING INFORMATION:
(A) THAT THE OWNER HAS A PERIOD OF TWENTY DAYS FROM ISSUANCE OF THE
SECOND NOTICE IN WHICH TO RESPOND TO THE NOTICE OF VIOLATION FOR A PARK-
ING VIOLATION;
(B) THAT FAILURE TO RESPOND TO THE NOTICE OF VIOLATION FOR A PARKING
VIOLATION MAY RESULT IN THE SUSPENSION AND NON-RENEWAL OF THE OWNER'S
REGISTRATION;
(C) THAT FAILURE TO RESPOND TO THE NOTICE OF VIOLATION FOR A PARKING
VIOLATION MAY SUBJECT THE OWNER TO ADDITIONAL PENALTIES AS PROVIDED IN
PARAGRAPH B OF THIS SUBDIVISION;
(D) THAT FAILURE TO RESPOND TO THE NOTICE OF VIOLATION FOR A PARKING
VIOLATION SHALL SUBJECT THE OWNER TO A DEFAULT JUDGMENT AS PROVIDED IN
PARAGRAPH C OF THIS SUBDIVISION AND THE ADDITIONAL PENALTIES IMPOSED
UPON PARKING VIOLATIONS PURSUANT TO PARAGRAPH B OF THIS SUBDIVISION; AND
(E) THAT SUBMISSION OF A PLEA OF GUILTY TO THE PARKING VIOLATION MAKES
THE OWNER LIABLE FOR PAYMENT OF THE STATED FINE AND ADDITIONAL PENALTIES
IMPOSED PURSUANT TO PARAGRAPH B OF THIS SUBDIVISION AND THE MANDATORY
SURCHARGE OF FIFTEEN DOLLARS IMPOSED UPON PARKING VIOLATIONS PURSUANT TO
SECTION EIGHTEEN HUNDRED NINE-A OF THIS CHAPTER.
B. ADDITIONAL PENALTIES. (1) FOR THE PURPOSES OF THIS PARAGRAPH, EACH
LOCALITY SHALL DETERMINE AN INITIAL RESPONSE DATE OF NOT LESS THAN EIGHT
DAYS NOR MORE THAN THIRTY DAYS, AFTER WHICH TIME A PENALTY MAY BE
IMPOSED. THE LIABILITY FOR SUCH INITIAL PENALTY SHALL COMMENCE ON THE
DATE FOLLOWING THE INITIAL RESPONSE DATE.
(2) FAILURE TO RESPOND TO A NOTICE OF VIOLATION FOR A PARKING
VIOLATION BY THE INITIAL RESPONSE DATE MAY RESULT IN THE LIABILITY FOR A
PENALTY IN AN AMOUNT OF THE FINE INDICATED ON THE NOTICE OF VIOLATION
FOR A PARKING VIOLATION; WHERE A CITY HAS GIVEN A SECOND NOTICE PURSUANT
TO PARAGRAPH A OF THIS SUBDIVISION, THE FOLLOWING SCHEDULE OF ADDITIONAL
PENALTIES MAY APPLY:
(A) FAILURE TO RESPOND TO A NOTICE OF VIOLATION FOR A PARKING
VIOLATION BY THE INITIAL RESPONSE DATE MAY RESULT IN THE LIABILITY FOR
AN ADDITIONAL PENALTY NOT TO EXCEED TEN DOLLARS OR, IF THE FIRST PENALTY
ASSESSED BY A CITY DOES NOT EXCEED FIVE DOLLARS, SUCH CITY MAY ASSESS AN
ADDITIONAL PENALTY WITHIN THIRTY-ONE TO SEVENTY-FIVE DAYS NOT TO EXCEED
TEN DOLLARS; AND
(B) WHERE A CITY HAS GIVEN A SECOND NOTICE PURSUANT TO PARAGRAPH A OF
THIS SUBDIVISION FAILURE TO RESPOND TO A NOTICE OF VIOLATION FOR A PARK-
ING VIOLATION WITHIN SEVENTY-FIVE DAYS MAY RESULT IN THE LIABILITY,
COMMENCING ON THE SEVENTY-SIXTH DAY, FOR AN ADDITIONAL PENALTY NOT TO
EXCEED TWENTY DOLLARS.
(3) WHERE THE ADDITIONAL PENALTY SCHEDULE SET FORTH IN SUBPARAGRAPH
TWO OF THIS PARAGRAPH, AS INTERPRETED IN 9 NEW YORK CODE OF RULES AND
REGULATIONS PART 6180, HAS NOT BEEN IMPLEMENTED BY A CITY AND IS NOT IN
EFFECT IN SUCH CITY ON OR BEFORE JANUARY FIRST, NINETEEN HUNDRED NINE-
TY-THREE, THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY. FOR THE
PURPOSES OF THIS SUBDIVISION, THE PROVISIONS OF THIS PARAGRAPH SHALL NOT
BE CONSIDERED TO HAVE BEEN IMPLEMENTED AND IN EFFECT UNLESS THE PENALTY
SCHEDULE CONTAINED HEREIN SHALL HAVE BEEN APPLIED TO PARKING VIOLATIONS
ISSUED IN SUCH CITY ON OR BEFORE JANUARY FIRST, NINETEEN HUNDRED NINE-
TY-THREE.
B-1. ALTERNATE ADDITIONAL PENALTY SCHEDULE. IN ANY CITY IN WHICH THE
SCHEDULE OF PENALTIES CONTAINED IN SUBPARAGRAPH TWO OF PARAGRAPH B OF
S. 2740--B 4
THIS SUBDIVISION, AS INTERPRETED IN 9 NEW YORK CODE OF RULES AND REGU-
LATIONS PART 6180, HAS NOT BEEN IMPLEMENTED AND WAS NOT IN EFFECT ON OR
BEFORE JANUARY FIRST, NINETEEN HUNDRED NINETY-THREE, THE PROVISIONS OF
THIS PARAGRAPH SHALL ONLY APPLY UPON ENACTMENT OF A LOCAL LAW CONTAINING
THE PENALTY SCHEDULE PROVIDED IN THIS PARAGRAPH PRIOR TO MARCH 28, 1993.
FOLLOWING THE ENACTMENT OF SUCH A LOCAL LAW, SUCH CITY MAY ELECT TO
IMPOSE THE ADDITIONAL PENALTIES SET FORTH IN SUBPARAGRAPHS ONE AND TWO
OF THIS PARAGRAPH FOR FAILURE TO RESPOND TO A NOTICE OF VIOLATION FOR A
PARKING VIOLATION IN ACCORDANCE WITH THIS PARAGRAPH. IN THE EVENT THAT
NO SUCH LOCAL LAW WAS ENACTED PRIOR TO MARCH 28, 1993, THE ALTERNATE
ADDITIONAL PENALTY SCHEDULE SET FORTH IN PARAGRAPH B-2 OF THIS SUBDIVI-
SION SHALL APPLY.
(1) FAILURE TO RESPOND TO A NOTICE OF VIOLATION FOR A PARKING
VIOLATION WITHIN THIRTY DAYS SHALL RESULT IN LIABILITY, COMMENCING ON
THE THIRTY-FIRST DAY, FOR AN ADDITIONAL PENALTY IN AN AMOUNT NOT TO
EXCEED TEN DOLLARS, INDICATED ON THE NOTICE OF VIOLATION FOR A PARKING
VIOLATION; WHERE A CITY HAS GIVEN A SECOND NOTICE PURSUANT TO PARAGRAPH
A OF THIS SUBDIVISION FAILURE TO RESPOND TO A NOTICE OF VIOLATION FOR A
PARKING VIOLATION WITHIN FORTY-FIVE DAYS MAY RESULT IN LIABILITY,
COMMENCING ON THE FORTY-SIXTH DAY, FOR THE PENALTY PRESCRIBED ABOVE FOR
FAILURE TO RESPOND WITHIN THIRTY DAYS AND AN ADDITIONAL PENALTY NOT TO
EXCEED TWENTY DOLLARS; AND WHERE A CITY HAS GIVEN A SECOND NOTICE PURSU-
ANT TO PARAGRAPH A OF THIS SUBDIVISION FAILURE TO RESPOND TO A NOTICE OF
VIOLATION FOR A PARKING VIOLATION WITHIN SEVENTY-FIVE DAYS MAY RESULT IN
LIABILITY, COMMENCING ON THE SEVENTY-SIXTH DAY, FOR THE PENALTIES
PRESCRIBED ABOVE FOR FAILURE TO RESPOND WITHIN THIRTY DAYS AND FOR FAIL-
URE TO RESPOND WITHIN FORTY-FIVE DAYS AND AN ADDITIONAL PENALTY NOT TO
EXCEED THIRTY DOLLARS.
(2) NOTWITHSTANDING THE FOREGOING SCHEDULE OF ALTERNATIVE ADDITIONAL
PENALTIES, IF AN OWNER MAKES A PLEA OR APPEARS WITHIN TWENTY DAYS AFTER
ISSUANCE OF A SECOND NOTICE OF VIOLATION IN ACCORDANCE WITH PARAGRAPH A
OF THIS SUBDIVISION, OR PRIOR TO SUCH MAILING, SUCH ADDITIONAL PENALTY
SHALL NOT EXCEED TEN DOLLARS.
B-2. ALTERNATE ADDITIONAL PENALTY SCHEDULE. IN ANY CITY IN WHICH THE
SCHEDULE OF PENALTIES CONTAINED IN PARAGRAPH B OF THIS SUBDIVISION, AS
INTERPRETED IN 9 NEW YORK CODE OF RULES AND REGULATIONS PART 6180, HAS
NOT BEEN IMPLEMENTED AND WAS NOT IN EFFECT ON OR BEFORE JANUARY FIRST,
NINETEEN HUNDRED NINETY-THREE AND WHICH HAS NOT ENACTED A LOCAL LAW
PURSUANT TO PARAGRAPH B-1 OF THIS SUBDIVISION PRIOR TO MARCH 28, 1993,
THE FOLLOWING ALTERNATE ADDITIONAL PENALTY SCHEDULE SHALL APPLY:
(1) FAILURE TO RESPOND TO A NOTICE OF VIOLATION FOR A PARKING
VIOLATION WITHIN EIGHT DAYS MAY RESULT IN THE LIABILITY, COMMENCING ON
THE NINTH DAY, FOR AN ADDITIONAL PENALTY IN AN AMOUNT NOT TO EXCEED FIVE
DOLLARS;
(2) FAILURE TO RESPOND TO A NOTICE OF VIOLATION FOR A PARKING
VIOLATION WITHIN THIRTY DAYS MAY RESULT IN THE LIABILITY, COMMENCING ON
THE THIRTY-FIRST DAY, FOR THE PENALTY PRESCRIBED ABOVE FOR FAILURE TO
RESPOND WITHIN EIGHT DAYS AND AN ADDITIONAL PENALTY NOT TO EXCEED TEN
DOLLARS OR, IF THE FIRST PENALTY ASSESSED BY THE CITY DOES NOT EXCEED
FIVE DOLLARS, SUCH CITY MAY ASSESS AN ADDITIONAL PENALTY WITHIN THIRTY-
ONE TO SEVENTY-FIVE DAYS NOT TO EXCEED TEN DOLLARS;
(3) WHERE A CITY HAS GIVEN A SECOND NOTICE PURSUANT TO PARAGRAPH A OF
THIS SUBDIVISION FAILURE TO RESPOND TO A NOTICE OF VIOLATION FOR A PARK-
ING VIOLATION WITHIN SEVENTY-FIVE DAYS MAY RESULT IN THE LIABILITY,
COMMENCING ON THE SEVENTY-SIXTH DAY, FOR THE PENALTIES PRESCRIBED ABOVE
FOR FAILURE TO RESPOND WITHIN EIGHT DAYS AND FOR FAILURE TO RESPOND
S. 2740--B 5
WITHIN THIRTY DAYS AND AN ADDITIONAL PENALTY NOT TO EXCEED TWENTY
DOLLARS; AND
(4) NOTWITHSTANDING THE FOREGOING SCHEDULE OF ALTERNATE PENALTIES, IF
AN OWNER MAKES A PLEA OR APPEARS WITHIN TWENTY DAYS AFTER ISSUANCE OF A
SECOND NOTICE OF VIOLATION IN ACCORDANCE WITH PARAGRAPH A OF THIS SUBDI-
VISION, OR PRIOR TO SUCH MAILING, SUCH ADDITIONAL PENALTY SHALL NOT
EXCEED FIVE DOLLARS.
C. DEFAULT JUDGMENT. WHERE A CITY HAS GIVEN NOTICE PURSUANT TO PARA-
GRAPH A OF THIS SUBDIVISION, FAILURE TO RESPOND TO A NOTICE OF VIOLATION
FOR A PARKING VIOLATION WITHIN NINETY DAYS SHALL BE DEEMED AN ADMISSION
OF LIABILITY AND SHALL SUBJECT THE OWNER TO A DEFAULT JUDGMENT BEING
ENTERED THEREON IN AN AMOUNT NOT GREATER THAN THE AMOUNT OF THE ORIGINAL
FINE AND ACCRUED PENALTIES PLUS ANY APPLICABLE SURCHARGES. SUCH DEFAULT
SHALL BE REPORTED TO THE DEPARTMENT WHICH DEPARTMENT SHALL CAUSE A
SUSPENSION AND NON-RENEWAL OF THE OWNER'S REGISTRATION PURSUANT TO THE
PROVISIONS OF SUBDIVISION FOUR-C OF SECTION FIVE HUNDRED TEN OF THIS
CHAPTER.
3. NOTHING SET FORTH IN THIS ARTICLE SHALL BE CONSTRUED TO AUTHORIZE
THE IMPOSITION OF MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAIL-
URE OF AN OPERATOR THEREOF TO COMPLY WITH ANY PROVISION OF LAW, RULE OR
REGULATION THROUGH THE INSTALLATION AND OPERATION OF A PHOTO ENFORCEMENT
DEVICE OR SYSTEM, EXCEPT AS OTHERWISE EXPLICITLY AUTHORIZED BY ARTICLE
TEN, TWENTY-FOUR, TWENTY-NINE OR THIRTY OF THIS CHAPTER, BY SECTION TWO
THOUSAND NINE HUNDRED EIGHTY-FIVE OF THE PUBLIC AUTHORITIES LAW, OR BY
SECTIONS SIXTEEN-A, SIXTEEN-B AND SIXTEEN-C OF CHAPTER SEVEN HUNDRED
SEVENTY-FOUR OF THE LAWS OF NINETEEN HUNDRED FIFTY, NOR BE CONSTRUED TO
GRANT ANY MUNICIPALITY THE AUTHORITY TO ESTABLISH BY LOCAL LAW, ORDI-
NANCE, ORDER, RULE, REGULATION, RESOLUTION OR ANY OTHER MEANS, AN ADMIN-
ISTRATIVE TRIBUNAL TO HEAR AND DETERMINE COMPLAINTS OF TRAFFIC INFRAC-
TIONS OR JURISDICTION TO ADJUDICATE ANY LIABILITY SET FORTH IN
SUBDIVISION ONE OF THIS SECTION.
§ 2. Subdivision 1 of section 236 of the vehicle and traffic law is
REPEALED and a new subdivision 1 is added 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: (A) TO ADJUDICATE THE LIABILITY
OF OWNERS FOR VIOLATIONS OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED
ELEVEN OF THIS CHAPTER IMPOSED PURSUANT TO A LOCAL LAW OR ORDINANCE
IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN
OPERATOR THEREOF TO COMPLY WITH TRAFFIC-CONTROL INDICATIONS THROUGH THE
INSTALLATION AND OPERATION OF TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-
MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAP-
TER, OR (B) TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF
SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY
OF THIS CHAPTER IMPOSED PURSUANT TO A DEMONSTRATION PROGRAM IMPOSING
MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR
THEREOF TO COMPLY WITH SUCH POSTED MAXIMUM SPEED LIMITS THROUGH THE
INSTALLATION AND OPERATION OF PHOTO SPEED VIOLATION MONITORING SYSTEMS,
IN ACCORDANCE WITH ARTICLE THIRTY OF THIS CHAPTER, OR (C) TO ADJUDICATE
THE LIABILITY OF OWNERS FOR VIOLATIONS OF BUS LANE RESTRICTIONS AS
DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IMPOSED PURSUANT TO A BUS
RAPID TRANSIT PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A
VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH BUS LANE
RESTRICTIONS THROUGH THE INSTALLATION AND OPERATION OF BUS LANE PHOTO
DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER, OR (D)
S. 2740--B 6
TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF TOLL COLLECTION
REGULATIONS IMPOSED BY CERTAIN PUBLIC AUTHORITIES PURSUANT TO THE LAW
AUTHORIZING SUCH PUBLIC AUTHORITIES TO IMPOSE MONETARY LIABILITY ON THE
OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH
TOLL COLLECTION REGULATIONS OF SUCH PUBLIC AUTHORITIES THROUGH THE
INSTALLATION AND OPERATION OF PHOTO-MONITORING SYSTEMS, 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 (E) TO ADJUDICATE THE LIABILITY OF OWNERS FOR
VIOLATIONS OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS CHAPTER WHEN
MEETING A SCHOOL BUS MARKED AND EQUIPPED AS PROVIDED IN SUBDIVISIONS
TWENTY AND TWENTY-ONE-C OF SECTION THREE HUNDRED SEVENTY-FIVE OF THIS
CHAPTER IMPOSED PURSUANT TO A LOCAL LAW OR ORDINANCE IMPOSING MONETARY
LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF
TO COMPLY WITH SCHOOL BUS RED VISUAL SIGNALS THROUGH THE INSTALLATION
AND OPERATION OF SCHOOL BUS PHOTO VIOLATION MONITORING SYSTEMS, IN
ACCORDANCE WITH ARTICLE TWENTY-NINE OF THIS CHAPTER, OR (F) TO ADJUDI-
CATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SECTION THREE HUNDRED
EIGHTY-FIVE OF THIS CHAPTER AND THE RULES OF THE DEPARTMENT OF TRANSPOR-
TATION OF THE CITY OF NEW YORK IN RELATION TO GROSS VEHICLE WEIGHT
AND/OR AXLE WEIGHT VIOLATIONS IMPOSED PURSUANT TO A WEIGH IN MOTION
DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A
VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH GROSS
VEHICLE WEIGHT AND/OR AXLE WEIGHT RESTRICTIONS THROUGH THE INSTALLATION
AND OPERATION OF WEIGH IN MOTION VIOLATION MONITORING SYSTEMS, IN
ACCORDANCE WITH ARTICLE TEN OF THIS CHAPTER. SUCH TRIBUNAL, EXCEPT IN A
CITY WITH A POPULATION OF ONE MILLION OR MORE, SHALL ALSO HAVE JURISDIC-
TION 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 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.
§ 3. Paragraph f of subdivision 1 of section 239 of the vehicle and
traffic law is REPEALED and a new paragraph f is added 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 ARTICLES TEN, TWENTY-FOUR, TWENTY-NINE AND
THIRTY OF THIS CHAPTER, 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 TO IMPOSE MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR
FAILURE OF AN OPERATOR THEREOF: TO COMPLY WITH TRAFFIC-CONTROL INDI-
CATIONS IN VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN
OF THIS CHAPTER THROUGH THE INSTALLATION AND OPERATION OF TRAFFIC-CON-
TROL SIGNAL PHOTO VIOLATION-MONITORING SYSTEMS, IN ACCORDANCE WITH ARTI-
CLE TWENTY-FOUR OF THIS CHAPTER; OR TO COMPLY WITH CERTAIN POSTED MAXI-
MUM SPEED LIMITS IN VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G)
OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER THROUGH THE INSTALLA-
TION AND OPERATION OF PHOTO SPEED VIOLATION MONITORING SYSTEMS, IN
ACCORDANCE WITH ARTICLE THIRTY OF THIS CHAPTER; OR TO COMPLY WITH BUS
LANE RESTRICTIONS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER
THROUGH THE INSTALLATION AND OPERATION OF BUS LANE PHOTO DEVICES, IN
S. 2740--B 7
ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER; OR TO COMPLY WITH
TOLL COLLECTION REGULATIONS OF CERTAIN PUBLIC AUTHORITIES THROUGH THE
INSTALLATION AND OPERATION OF PHOTO-MONITORING SYSTEMS, 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 STOP FOR A SCHOOL BUS DISPLAYING A RED VISUAL
SIGNAL IN VIOLATION OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS CHAP-
TER THROUGH THE INSTALLATION AND OPERATION OF SCHOOL BUS PHOTO VIOLATION
MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE TWENTY-NINE OF THIS CHAP-
TER; OR TO COMPLY WITH GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT
RESTRICTIONS IN VIOLATION OF SECTION THREE HUNDRED EIGHTY-FIVE OF THIS
CHAPTER AND THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF
NEW YORK THROUGH THE INSTALLATION AND OPERATION OF WEIGH IN MOTION
VIOLATION MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE TEN OF THIS
CHAPTER.
§ 4. Subdivisions 1 and 1-a of section 240 of the vehicle and traffic
law are REPEALED and two new subdivisions 1 and 1-a are added 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 ANY PROVISIONS OF LAW SPECIFICALLY AUTHORIZING THE
IMPOSITION OF MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE
OF AN OPERATOR THEREOF: TO COMPLY WITH TRAFFIC-CONTROL INDICATIONS IN
VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS
CHAPTER THROUGH THE INSTALLATION AND OPERATION OF TRAFFIC-CONTROL SIGNAL
PHOTO VIOLATION-MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE TWENTY-
FOUR OF THIS CHAPTER; OR TO COMPLY WITH CERTAIN POSTED MAXIMUM SPEED
LIMITS IN VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION
ELEVEN HUNDRED EIGHTY OF THIS CHAPTER THROUGH THE INSTALLATION AND OPER-
ATION OF PHOTO SPEED VIOLATION MONITORING SYSTEMS, IN ACCORDANCE WITH
ARTICLE THIRTY OF THIS CHAPTER; OR TO COMPLY WITH BUS LANE RESTRICTIONS
AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER THROUGH THE INSTALLA-
TION AND OPERATION OF BUS LANE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE
TWENTY-FOUR OF THIS CHAPTER; OR TO COMPLY WITH TOLL COLLECTION REGU-
LATIONS OF CERTAIN PUBLIC AUTHORITIES THROUGH THE INSTALLATION AND OPER-
ATION OF PHOTO-MONITORING SYSTEMS, 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 STOP
FOR A SCHOOL BUS DISPLAYING A RED VISUAL SIGNAL IN VIOLATION OF SECTION
ELEVEN HUNDRED SEVENTY-FOUR OF THIS CHAPTER THROUGH THE INSTALLATION AND
OPERATION OF SCHOOL BUS PHOTO VIOLATION MONITORING SYSTEMS, IN ACCORD-
ANCE WITH ARTICLE TWENTY-NINE OF THIS CHAPTER; OR TO COMPLY WITH GROSS
VEHICLE WEIGHT AND/OR AXLE WEIGHT RESTRICTIONS IN VIOLATION OF SECTION
THREE HUNDRED EIGHTY-FIVE OF THIS CHAPTER AND THE RULES OF THE DEPART-
MENT OF TRANSPORTATION OF THE CITY OF NEW YORK THROUGH THE INSTALLATION
AND OPERATION OF WEIGH IN MOTION VIOLATION MONITORING SYSTEMS, IN
ACCORDANCE WITH ARTICLE TEN 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
S. 2740--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 PROVISIONS OF LAW SPECIFICALLY AUTHORIZING THE IMPO-
SITION OF MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN
OPERATOR THEREOF: TO COMPLY WITH TRAFFIC-CONTROL INDICATIONS IN
VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS
CHAPTER THROUGH THE INSTALLATION AND OPERATION OF TRAFFIC-CONTROL SIGNAL
PHOTO VIOLATION-MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE TWENTY-
FOUR OF THIS CHAPTER; OR TO COMPLY WITH CERTAIN POSTED MAXIMUM SPEED
LIMITS IN VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION
ELEVEN HUNDRED EIGHTY OF THIS CHAPTER THROUGH THE INSTALLATION AND OPER-
ATION OF PHOTO SPEED VIOLATION MONITORING SYSTEMS, IN ACCORDANCE WITH
ARTICLE THIRTY OF THIS CHAPTER; OR TO COMPLY WITH BUS LANE RESTRICTIONS
AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER THROUGH THE INSTALLA-
TION AND OPERATION OF BUS LANE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE
TWENTY-FOUR OF THIS CHAPTER; OR TO COMPLY WITH TOLL COLLECTION REGU-
LATIONS OF CERTAIN PUBLIC AUTHORITIES THROUGH THE INSTALLATION AND OPER-
ATION OF PHOTO-MONITORING SYSTEMS, 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 STOP
FOR A SCHOOL BUS DISPLAYING A RED VISUAL SIGNAL IN VIOLATION OF SECTION
ELEVEN HUNDRED SEVENTY-FOUR OF THIS CHAPTER THROUGH THE INSTALLATION AND
OPERATION OF SCHOOL BUS PHOTO VIOLATION MONITORING SYSTEMS, IN ACCORD-
ANCE WITH ARTICLE TWENTY-NINE OF THIS CHAPTER; OR TO COMPLY WITH GROSS
VEHICLE WEIGHT AND/OR AXLE WEIGHT RESTRICTIONS IN VIOLATION OF SECTION
THREE HUNDRED EIGHTY-FIVE OF THIS CHAPTER AND THE RULES OF THE DEPART-
MENT OF TRANSPORTATION OF THE CITY OF NEW YORK THROUGH THE INSTALLATION
AND OPERATION OF WEIGH IN MOTION VIOLATION MONITORING SYSTEMS, IN
ACCORDANCE WITH ARTICLE TEN 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 HEAR-
ING.
§ 5. Paragraphs a and g of subdivision 2 of section 240 of the vehicle
and traffic law are REPEALED and two new paragraphs a and g are added to
read as follows:
A. EVERY HEARING FOR THE ADJUDICATION OF A CHARGE OF PARKING VIOLATION
OR AN ALLEGATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION
(D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IMPOSED PURSUANT TO
A LOCAL LAW OR ORDINANCE IMPOSING MONETARY LIABILITY ON THE OWNER OF A
VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH TRAFFIC-CON-
TROL INDICATIONS THROUGH THE INSTALLATION AND OPERATION OF TRAFFIC-CON-
TROL SIGNAL PHOTO VIOLATION-MONITORING SYSTEMS, IN ACCORDANCE WITH ARTI-
CLE TWENTY-FOUR OF THIS CHAPTER, OR AN ALLEGATION OF LIABILITY OF AN
OWNER FOR A VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IMPOSED PURSUANT TO A
DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A
VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH CERTAIN POSTED
MAXIMUM SPEED LIMITS THROUGH THE INSTALLATION AND OPERATION OF PHOTO
SPEED VIOLATION MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE THIRTY OF
THIS CHAPTER, OR AN ALLEGATION OF LIABILITY OF AN OWNER FOR A VIOLATION
OF BUS LANE RESTRICTIONS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAP-
TER IMPOSED PURSUANT TO A BUS RAPID TRANSIT PROGRAM IMPOSING MONETARY
S. 2740--B 9
LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF
TO COMPLY WITH SUCH BUS LANE RESTRICTIONS THROUGH THE INSTALLATION AND
OPERATION OF BUS LANE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-
FOUR OF THIS CHAPTER, OR AN ALLEGATION OF LIABILITY OF AN OWNER FOR A
VIOLATION OF TOLL COLLECTION REGULATIONS IMPOSED BY CERTAIN PUBLIC
AUTHORITIES PURSUANT TO THE LAW AUTHORIZING SUCH PUBLIC AUTHORITIES TO
IMPOSE MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN
OPERATOR THEREOF TO COMPLY WITH TOLL COLLECTION REGULATIONS OF SUCH
PUBLIC AUTHORITIES THROUGH THE INSTALLATION AND OPERATION OF PHOTO-MONI-
TORING SYSTEMS, IN ACCORDANCE WITH THE PROVISIONS OF SECTION TWO THOU-
SAND 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 AN ALLEGATION OF LIABILITY OF
AN OWNER FOR A VIOLATION OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS
CHAPTER WHEN MEETING A SCHOOL BUS MARKED AND EQUIPPED AS PROVIDED IN
SUBDIVISIONS TWENTY AND TWENTY-ONE-C OF SECTION THREE HUNDRED SEVENTY-
FIVE OF THIS CHAPTER IMPOSED PURSUANT TO A LOCAL LAW OR ORDINANCE IMPOS-
ING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPER-
ATOR THEREOF TO COMPLY WITH SCHOOL BUS RED VISUAL SIGNALS THROUGH THE
INSTALLATION AND OPERATION OF SCHOOL BUS PHOTO VIOLATION MONITORING
SYSTEMS, IN ACCORDANCE WITH ARTICLE TWENTY-NINE OF THIS CHAPTER, OR AN
ALLEGATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SECTION THREE
HUNDRED EIGHTY-FIVE OF THIS CHAPTER AND THE RULES OF THE DEPARTMENT OF
TRANSPORTATION OF THE CITY OF NEW YORK IN RELATION TO GROSS VEHICLE
WEIGHT AND/OR AXLE WEIGHT VIOLATIONS IMPOSED PURSUANT TO A WEIGH IN
MOTION DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF
A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH GROSS
VEHICLE WEIGHT AND/OR AXLE WEIGHT RESTRICTIONS THROUGH THE INSTALLATION
AND OPERATION OF WEIGH IN MOTION VIOLATION MONITORING SYSTEMS, IN
ACCORDANCE WITH ARTICLE TEN 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 ANY PROVISIONS OF LAW
SPECIFICALLY AUTHORIZING THE IMPOSITION OF MONETARY LIABILITY ON THE
OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF: TO COMPLY WITH
TRAFFIC-CONTROL INDICATIONS IN VIOLATION OF SUBDIVISION (D) OF SECTION
ELEVEN HUNDRED ELEVEN OF THIS CHAPTER THROUGH THE INSTALLATION AND OPER-
ATION OF TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING SYSTEMS, IN
ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER; TO COMPLY WITH
CERTAIN POSTED MAXIMUM SPEED LIMITS IN VIOLATION OF SUBDIVISION (B),
(C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER
THROUGH THE INSTALLATION AND OPERATION OF PHOTO SPEED VIOLATION MONITOR-
ING SYSTEMS, IN ACCORDANCE WITH ARTICLE THIRTY OF THIS CHAPTER; TO
COMPLY WITH BUS LANE RESTRICTIONS AS DEFINED BY ARTICLE TWENTY-FOUR OF
THIS CHAPTER THROUGH THE INSTALLATION AND OPERATION OF BUS LANE PHOTO
DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER; TO
COMPLY WITH TOLL COLLECTION REGULATIONS OF CERTAIN PUBLIC AUTHORITIES
THROUGH THE INSTALLATION AND OPERATION OF PHOTO-MONITORING SYSTEMS, 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; TO STOP FOR A SCHOOL BUS DISPLAYING A
RED VISUAL SIGNAL IN VIOLATION OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF
THIS CHAPTER THROUGH THE INSTALLATION AND OPERATION OF SCHOOL BUS PHOTO
VIOLATION MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE TWENTY-NINE OF
S. 2740--B 10
THIS CHAPTER, OR TO COMPLY WITH GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT
RESTRICTIONS IN VIOLATION OF SECTION THREE HUNDRED EIGHTY-FIVE OF THIS
CHAPTER AND THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF
NEW YORK THROUGH THE INSTALLATION AND OPERATION OF WEIGH IN MOTION
VIOLATION MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE TEN OF THIS
CHAPTER, IS CONTESTED. RECORDING DEVICES MAY BE USED FOR THE MAKING OF
THE RECORD.
§ 6. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
law are REPEALED and two new subdivisions 1 and 2 are added 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 ANY PROVISIONS OF LAW SPECIFICALLY AUTHORIZ-
ING THE IMPOSITION OF MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR
FAILURE OF AN OPERATOR THEREOF: TO COMPLY WITH TRAFFIC-CONTROL INDI-
CATIONS IN VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN
OF THIS CHAPTER THROUGH THE INSTALLATION AND OPERATION OF TRAFFIC-CON-
TROL SIGNAL PHOTO VIOLATION-MONITORING SYSTEMS, IN ACCORDANCE WITH
ARTICLE TWENTY-FOUR OF THIS CHAPTER; TO COMPLY WITH CERTAIN POSTED MAXI-
MUM SPEED LIMITS IN VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G)
OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER THROUGH THE INSTAL-
LATION AND OPERATION OF PHOTO SPEED VIOLATION MONITORING SYSTEMS, IN
ACCORDANCE WITH ARTICLE THIRTY OF THIS CHAPTER; TO COMPLY WITH BUS LANE
RESTRICTIONS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER THROUGH
THE INSTALLATION AND OPERATION OF BUS LANE PHOTO DEVICES, IN ACCORDANCE
WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER; TO COMPLY WITH TOLL
COLLECTION REGULATIONS OF CERTAIN PUBLIC AUTHORITIES THROUGH THE INSTAL-
LATION AND OPERATION OF PHOTO-MONITORING SYSTEMS, 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; TO STOP FOR A SCHOOL BUS DISPLAYING A RED VISUAL SIGNAL IN
VIOLATION OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS CHAPTER THROUGH
THE INSTALLATION AND OPERATION OF SCHOOL BUS PHOTO VIOLATION MONITORING
SYSTEMS, IN ACCORDANCE WITH ARTICLE TWENTY-NINE OF THIS CHAPTER; OR TO
COMPLY WITH GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT RESTRICTIONS IN
VIOLATION OF SECTION THREE HUNDRED EIGHTY-FIVE OF THIS CHAPTER AND THE
RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK
THROUGH THE INSTALLATION AND OPERATION OF WEIGH IN MOTION VIOLATION
MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE TEN OF THIS CHAPTER, OF
THE PERSON CHARGED, 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 ANY PROVISIONS OF LAW SPECIFICALLY AUTHORIZING THE IMPOSITION OF
MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR
THEREOF: TO COMPLY WITH TRAFFIC-CONTROL INDICATIONS IN VIOLATION OF
SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER THROUGH
THE INSTALLATION AND OPERATION OF TRAFFIC-CONTROL SIGNAL PHOTO VIOLA-
TION-MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS
CHAPTER; TO COMPLY WITH CERTAIN POSTED MAXIMUM SPEED LIMITS IN
VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN
S. 2740--B 11
HUNDRED EIGHTY OF THIS CHAPTER THROUGH THE INSTALLATION AND OPERATION OF
PHOTO SPEED VIOLATION MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE
THIRTY OF THIS CHAPTER; TO COMPLY WITH BUS LANE RESTRICTIONS AS DEFINED
BY ARTICLE TWENTY-FOUR OF THIS CHAPTER THROUGH THE INSTALLATION AND
OPERATION OF BUS LANE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-
FOUR OF THIS CHAPTER; TO COMPLY WITH TOLL COLLECTION REGULATIONS OF
CERTAIN PUBLIC AUTHORITIES THROUGH THE INSTALLATION AND OPERATION OF
PHOTO-MONITORING SYSTEMS, 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; TO STOP FOR A SCHOOL
BUS DISPLAYING A RED VISUAL SIGNAL IN VIOLATION OF SECTION ELEVEN
HUNDRED SEVENTY-FOUR OF THIS CHAPTER THROUGH THE INSTALLATION AND OPERA-
TION OF SCHOOL BUS PHOTO VIOLATION MONITORING SYSTEMS, IN ACCORDANCE
WITH ARTICLE TWENTY-NINE OF THIS CHAPTER; OR TO COMPLY WITH GROSS VEHI-
CLE WEIGHT AND/OR AXLE WEIGHT RESTRICTIONS IN VIOLATION OF SECTION THREE
HUNDRED EIGHTY-FIVE OF THIS CHAPTER AND THE RULES OF THE DEPARTMENT OF
TRANSPORTATION OF THE CITY OF NEW YORK THROUGH THE INSTALLATION AND
OPERATION OF WEIGH IN MOTION VIOLATION MONITORING SYSTEMS, IN ACCORDANCE
WITH ARTICLE TEN 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 ALLEGED IN ACCORDANCE WITH ANY
PROVISIONS OF LAW SPECIFICALLY AUTHORIZING THE IMPOSITION OF MONETARY
LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF:
TO COMPLY WITH TRAFFIC-CONTROL INDICATIONS IN VIOLATION OF SUBDIVISION
(D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER THROUGH THE
INSTALLATION AND OPERATION OF TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-
MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS
CHAPTER; TO COMPLY WITH CERTAIN POSTED MAXIMUM SPEED LIMITS IN
VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN
HUNDRED EIGHTY OF THIS CHAPTER THROUGH THE INSTALLATION AND OPERATION OF
PHOTO SPEED VIOLATION MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE
THIRTY OF THIS CHAPTER; TO COMPLY WITH BUS LANE RESTRICTIONS AS DEFINED
BY ARTICLE TWENTY-FOUR OF THIS CHAPTER THROUGH THE INSTALLATION AND
OPERATION OF BUS LANE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-
FOUR OF THIS CHAPTER; TO COMPLY WITH TOLL COLLECTION REGULATIONS OF
CERTAIN PUBLIC AUTHORITIES THROUGH THE INSTALLATION AND OPERATION OF
PHOTO-MONITORING SYSTEMS, 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; TO STOP FOR A SCHOOL
BUS DISPLAYING A RED VISUAL SIGNAL IN VIOLATION OF SECTION ELEVEN
HUNDRED SEVENTY-FOUR OF THIS CHAPTER THROUGH THE INSTALLATION AND OPERA-
TION OF SCHOOL BUS PHOTO VIOLATION MONITORING SYSTEMS, IN ACCORDANCE
WITH ARTICLE TWENTY-NINE OF THIS CHAPTER; OR TO COMPLY WITH GROSS VEHI-
CLE WEIGHT AND/OR AXLE WEIGHT RESTRICTIONS IN VIOLATION OF SECTION THREE
S. 2740--B 12
HUNDRED EIGHTY-FIVE OF THIS CHAPTER AND THE RULES OF THE DEPARTMENT OF
TRANSPORTATION OF THE CITY OF NEW YORK THROUGH THE INSTALLATION AND
OPERATION OF WEIGH IN MOTION VIOLATION MONITORING SYSTEMS, IN ACCORDANCE
WITH ARTICLE TEN 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 JURISDIC-
TION 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 ANY
PROVISIONS OF LAW SPECIFICALLY AUTHORIZING THE IMPOSITION OF MONETARY
LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF:
TO COMPLY WITH TRAFFIC-CONTROL INDICATIONS IN VIOLATION OF SUBDIVI-
SION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER THROUGH THE
INSTALLATION AND OPERATION OF TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-
MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS
CHAPTER; TO COMPLY WITH CERTAIN POSTED MAXIMUM SPEED LIMITS IN
VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN
HUNDRED EIGHTY OF THIS CHAPTER THROUGH THE INSTALLATION AND OPERATION
OF PHOTO SPEED VIOLATION MONITORING SYSTEMS, IN ACCORDANCE WITH ARTI-
CLE THIRTY OF THIS CHAPTER; TO COMPLY WITH BUS LANE RESTRICTIONS AS
DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER THROUGH THE INSTALLATION
AND OPERATION OF BUS LANE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE
TWENTY-FOUR OF THIS CHAPTER; TO COMPLY WITH TOLL COLLECTION REGULATIONS
OF CERTAIN PUBLIC AUTHORITIES THROUGH THE INSTALLATION AND OPERATION OF
PHOTO-MONITORING SYSTEMS, 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; TO STOP FOR A SCHOOL
BUS DISPLAYING A RED VISUAL SIGNAL IN VIOLATION OF SECTION ELEVEN
HUNDRED SEVENTY-FOUR OF THIS CHAPTER THROUGH THE INSTALLATION AND OPERA-
TION OF SCHOOL BUS PHOTO VIOLATION MONITORING SYSTEMS, IN ACCORDANCE
WITH ARTICLE TWENTY-NINE OF THIS CHAPTER; OR TO COMPLY WITH GROSS VEHI-
CLE WEIGHT AND/OR AXLE WEIGHT RESTRICTIONS IN VIOLATION OF SECTION THREE
HUNDRED EIGHTY-FIVE OF THIS CHAPTER AND THE RULES OF THE DEPARTMENT OF
TRANSPORTATION OF THE CITY OF NEW YORK THROUGH THE INSTALLATION AND
OPERATION OF WEIGH IN MOTION VIOLATION MONITORING SYSTEMS, IN ACCORDANCE
WITH ARTICLE TEN OF THIS CHAPTER; OR MAKING AN APPEARANCE WITHIN THIRTY
DAYS OF THE SENDING OF SUCH NOTICE. PLEAS ENTERED AND ALLEGATIONS
CONTESTED WITHIN THAT PERIOD SHALL BE IN THE MANNER PRESCRIBED IN THE
NOTICE AND NOT SUBJECT TO ADDITIONAL PENALTY OR FEE. SUCH NOTICE OF
IMPENDING DEFAULT JUDGMENT SHALL NOT BE REQUIRED PRIOR TO THE RENDERING
AND ENTRY THEREOF IN THE CASE OF OPERATORS OR OWNERS WHO ARE NON-RESI-
DENTS OF THE STATE OF NEW YORK. IN NO CASE SHALL A DEFAULT JUDGMENT BE
RENDERED OR, WHERE REQUIRED, A NOTICE OF IMPENDING DEFAULT JUDGMENT BE
SENT, MORE THAN TWO YEARS AFTER THE EXPIRATION OF THE TIME PRESCRIBED
FOR ENTERING A PLEA OR CONTESTING AN ALLEGATION. WHEN A PERSON HAS
DEMANDED A HEARING, NO FINE OR PENALTY SHALL BE IMPOSED FOR ANY REASON,
PRIOR TO THE HOLDING OF THE HEARING. IF THE HEARING EXAMINER SHALL MAKE
A DETERMINATION ON THE CHARGES, SUSTAINING THEM, HE OR SHE SHALL
IMPOSE NO GREATER PENALTY OR FINE THAN THOSE UPON WHICH THE PERSON WAS
ORIGINALLY CHARGED.
§ 7. Paragraph a of subdivision 5-a of section 401 of the vehicle and
traffic law is REPEALED and a new paragraph a is added to read as
follows:
A. (I) IF AT THE TIME OF APPLICATION FOR A REGISTRATION OR RENEWAL
THEREOF THERE IS A CERTIFICATION FROM A COURT, PARKING VIOLATIONS
S. 2740--B 13
BUREAU, TRAFFIC AND PARKING VIOLATIONS AGENCY 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 FOR A VIOLATION OF SUBDIVISION (D) OF
SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IMPOSED PURSUANT TO A
LOCAL LAW OR ORDINANCE IMPOSING MONETARY LIABILITY ON THE OWNER OF A
VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH TRAFFIC-CON-
TROL INDICATIONS THROUGH THE INSTALLATION AND OPERATION OF TRAFFIC-CON-
TROL SIGNAL PHOTO VIOLATION-MONITORING SYSTEMS, IN ACCORDANCE WITH ARTI-
CLE TWENTY-FOUR OF THIS CHAPTER; OR (III) THE REGISTRANT WAS LIABLE FOR
A VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN
HUNDRED EIGHTY OF THIS CHAPTER IMPOSED PURSUANT TO A DEMONSTRATION
PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAIL-
URE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH POSTED MAXIMUM SPEED
LIMITS THROUGH THE INSTALLATION AND OPERATION OF PHOTO SPEED VIOLATION
MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE THIRTY OF THIS CHAPTER;
OR (IV) THE REGISTRANT WAS LIABLE FOR A VIOLATION OF BUS LANE
RESTRICTIONS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IMPOSED
PURSUANT TO A BUS RAPID TRANSIT PROGRAM IMPOSING MONETARY LIABILITY ON
THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH
SUCH BUS LANE RESTRICTIONS THROUGH THE INSTALLATION AND OPERATION OF BUS
LANE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAP-
TER; OR (V) THE REGISTRANT WAS LIABLE FOR A VIOLATION OF SECTION ELEVEN
HUNDRED SEVENTY-FOUR OF THIS CHAPTER WHEN MEETING A SCHOOL BUS MARKED
AND EQUIPPED AS PROVIDED IN SUBDIVISIONS TWENTY AND TWENTY-ONE-C OF
SECTION THREE HUNDRED SEVENTY-FIVE OF THIS CHAPTER IMPOSED PURSUANT TO A
LOCAL LAW OR ORDINANCE IMPOSING MONETARY LIABILITY ON THE OWNER OF A
VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SCHOOL BUS RED
VISUAL SIGNALS THROUGH THE INSTALLATION AND OPERATION OF SCHOOL BUS
PHOTO VIOLATION MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE TWENTY-
NINE OF THIS CHAPTER; OR (VI) THE REGISTRANT WAS LIABLE FOR A VIOLATION
OF SECTION THREE HUNDRED EIGHTY-FIVE OF THIS CHAPTER AND THE RULES OF
THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK IN RELATION TO
GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT VIOLATIONS IMPOSED PURSUANT TO A
WEIGH IN MOTION DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE
OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH
SUCH GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT RESTRICTIONS THROUGH THE
INSTALLATION AND OPERATION OF WEIGH IN MOTION VIOLATION MONITORING
SYSTEMS, IN ACCORDANCE WITH ARTICLE TEN OF THIS CHAPTER, THE COMMISSION-
ER OR HIS OR HER AGENT SHALL DENY THE REGISTRATION OR RENEWAL APPLICA-
TION 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-
S. 2740--B 14
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 ADMIN-
ISTRATIVE TRIBUNAL, THE REGISTRANT FAILS TO COMPLY WITH THE RULES AND
REGULATIONS FOLLOWING ENTRY OF A FINAL DECISION.
(II) FOR PURPOSES OF THIS PARAGRAPH, THE TERM "MOTOR VEHICLE OPERATED
FOR HIRE" SHALL MEAN AND INCLUDE A TAXICAB, LIVERY, COACH, LIMOUSINE OR
TOW TRUCK.
§ 8. The opening paragraph and paragraph (c) of subdivision 1 of
section 1809 of the vehicle and traffic law, as separately amended by
section 10 of chapter 145 and section 9 of chapter 148 of the laws of
2019, 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, 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-e of this chapter, or
other than an adjudication of liability of an owner for a violation of
section eleven hundred seventy-four of this chapter in accordance with
section eleven hundred seventy-four-a 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-d of this chapter,]
AND EXCEPT AS OTHERWISE PROVIDED BY SUBDIVISION ONE-A OF THIS SECTION,
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
S. 2740--B 15
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
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, 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-e of this chapter, or other than an adjudication of liability of
an owner for a violation of section eleven hundred seventy-four of this
chapter in accordance with section eleven hundred seventy-four-a 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-d of this chapter,] AND EXCEPT AS OTHERWISE PROVIDED BY SUBDIVI-
SION ONE-A OF THIS SECTION, 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.
§ 8-a. The opening paragraph and paragraph (c) of subdivision 1 of
section 1809 of the vehicle and traffic law, as amended by section 10 of
chapter 145 of the laws of 2019, 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
S. 2740--B 16
accordance 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-e of this chapter, or
other than an adjudication of liability of an owner for a violation of
section eleven hundred seventy-four of this chapter in accordance with
section eleven hundred seventy-four-a of this chapter,] AND EXCEPT AS
OTHERWISE PROVIDED BY SUBDIVISION ONE-A OF THIS SECTION, there shall be
levied a crime victim assistance fee and a mandatory surcharge, in addi-
tion 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
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, 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-e of this chapter, or other than an adjudication of liability of
an owner for a violation of section eleven hundred seventy-four of this
chapter in accordance with section eleven hundred seventy-four-a of this
chapter,] AND EXCEPT AS OTHERWISE PROVIDED BY SUBDIVISION ONE-A OF THIS
SECTION, there shall be levied a crime victim assistance fee in the
amount of five dollars and a mandatory surcharge, in addition to any
sentence required or permitted by law, in the amount of fifty-five
dollars.
§ 8-b. Subdivision 1 of section 1809 of the vehicle and traffic law,
as separately amended by section 10-a of chapter 145 and section 9-a of
chapter 148 of the laws of 2019, 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-
S. 2740--B 17
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 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,
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 eight-
y-d of this chapter, or other than an adjudication of liability of an
owner for a violation of subdivision (d) of section eleven hundred elev-
en of this chapter in accordance with section eleven hundred eleven-e of
this chapter, or other than an adjudication of liability of an owner for
a violation of section eleven hundred seventy-four of this chapter in
accordance with section eleven hundred seventy-four-a of this chapter,]
AND EXCEPT AS OTHERWISE PROVIDED BY SUBDIVISION ONE-A OF THIS SECTION,
there shall be levied a mandatory surcharge, in addition to any sentence
required or permitted by law, in the amount of twenty-five dollars.
§ 8-c. Subdivision 1 of section 1809 of the vehicle and traffic law,
as separately amended by section 10-b of chapter 145 and section 9-b of
chapter 148 of the laws of 2019, 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-d 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-e of this chapter, or
other than an adjudication of liability of an owner for a violation of
section eleven hundred seventy-four of this chapter in accordance with
section eleven hundred seventy-four-a of this chapter,] AND EXCEPT AS
OTHERWISE PROVIDED BY SUBDIVISION ONE-A OF THIS SECTION, there shall be
levied a mandatory surcharge, in addition to any sentence required or
permitted by law, in the amount of seventeen dollars.
§ 8-d. Subdivision 1 of section 1809 of the vehicle and traffic law,
as separately amended by section 10-c of chapter 145 and section 9-c of
chapter 148 of the laws of 2019, is amended to read as follows:
S. 2740--B 18
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
(b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
ter in accordance with section eleven hundred eighty-d 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 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-e of this chapter, or
other than an adjudication of liability of an owner for a violation of
section eleven hundred seventy-four of this chapter in accordance with
section eleven hundred seventy-four-a of this chapter,] AND EXCEPT AS
OTHERWISE PROVIDED BY SUBDIVISION ONE-A OF THIS SECTION, there shall be
levied a mandatory surcharge, in addition to any sentence required or
permitted by law, in the amount of seventeen dollars.
§ 8-e. Subdivision 1 of section 1809 of the vehicle and traffic law,
as separately amended by section 10-d of chapter 145 and section 9-d of
chapter 148 of the laws of 2019, 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-d 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 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-e of this chapter, or other than an adjudication
of liability of an owner for a violation of section eleven hundred
seventy-four of this chapter in accordance with section eleven hundred
seventy-four-a of this chapter,] AND EXCEPT AS OTHERWISE PROVIDED BY
SUBDIVISION ONE-A OF THIS SECTION, there shall be levied a mandatory
surcharge, in addition to any sentence required or permitted by law, in
the amount of seventeen dollars.
§ 8-f. Subdivision 1 of section 1809 of the vehicle and traffic law,
as separately amended by section 10-f of chapter 145 and section 9-f of
chapter 148 of the laws of 2019, 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-
S. 2740--B 19
ance with section eleven hundred eighty-d 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-e of this chapter, or other than an adju-
dication of liability of an owner for a violation of section eleven
hundred seventy-four of this chapter in accordance with section eleven
hundred seventy-four-a of this chapter,] AND EXCEPT AS OTHERWISE
PROVIDED BY SUBDIVISION ONE-A OF THIS SECTION, there shall be levied a
mandatory surcharge, in addition to any sentence required or permitted
by law, in the amount of seventeen dollars.
§ 8-g. Subdivision 1 of section 1809 of the vehicle and traffic law,
as separately amended by section 10-g of chapter 145 and section 9-g of
chapter 148 of the laws of 2019, 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), (d), (f) or
(g) of section eleven hundred eighty of this chapter in accordance with
section eleven hundred eighty-d of this chapter, or other than an adju-
dication of liability of an owner for a violation of section eleven
hundred seventy-four of this chapter in accordance with section eleven
hundred seventy-four-a of this chapter,] AND EXCEPT AS OTHERWISE
PROVIDED BY SUBDIVISION ONE-A OF THIS SECTION, there shall be levied a
mandatory surcharge, in addition to any sentence required or permitted
by law, in the amount of seventeen dollars.
§ 8-h. 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 AND EXCEPT AS OTHERWISE PROVIDED
BY SUBDIVISION ONE-A OF THIS SECTION, there shall be levied a mandatory
surcharge, in addition to any sentence required or permitted by law, in
the amount of seventeen dollars.
§ 9. Section 1809 of the vehicle and traffic law is amended by adding
a new subdivision 1-a to read as follows:
1-A. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS
SECTION, THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL NOT
APPLY TO AN ADJUDICATION OF LIABILITY OF OWNERS: (A) FOR VIOLATIONS OF
SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IMPOSED
PURSUANT TO A LOCAL LAW OR ORDINANCE IMPOSING MONETARY LIABILITY ON THE
OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH
TRAFFIC-CONTROL INDICATIONS THROUGH THE INSTALLATION AND OPERATION OF
TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING SYSTEMS, IN ACCORDANCE
WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER; OR (B) FOR VIOLATIONS OF
SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY
OF THIS CHAPTER IMPOSED PURSUANT TO A DEMONSTRATION PROGRAM IMPOSING
MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR
THEREOF TO COMPLY WITH SUCH POSTED MAXIMUM SPEED LIMITS THROUGH THE
INSTALLATION AND OPERATION OF PHOTO SPEED VIOLATION MONITORING SYSTEMS,
IN ACCORDANCE WITH ARTICLE THIRTY OF THIS CHAPTER; OR (C) FOR VIOLATIONS
OF BUS LANE RESTRICTIONS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAP-
S. 2740--B 20
TER IMPOSED PURSUANT TO A BUS RAPID TRANSIT PROGRAM IMPOSING MONETARY
LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF
TO COMPLY WITH SUCH BUS LANE RESTRICTIONS THROUGH THE INSTALLATION AND
OPERATION OF BUS LANE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-
FOUR OF THIS CHAPTER; OR (D) FOR VIOLATIONS OF TOLL COLLECTION REGU-
LATIONS IMPOSED BY CERTAIN PUBLIC AUTHORITIES PURSUANT TO THE LAW
AUTHORIZING SUCH PUBLIC AUTHORITIES TO IMPOSE MONETARY LIABILITY ON THE
OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH
TOLL COLLECTION REGULATIONS OF SUCH PUBLIC AUTHORITIES THROUGH THE
INSTALLATION AND OPERATION OF PHOTO-MONITORING SYSTEMS, 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 (E) FOR VIOLATIONS OF SECTION ELEVEN HUNDRED SEVENTY-
FOUR OF THIS CHAPTER WHEN MEETING A SCHOOL BUS MARKED AND EQUIPPED AS
PROVIDED IN SUBDIVISIONS TWENTY AND TWENTY-ONE-C OF SECTION THREE
HUNDRED SEVENTY-FIVE OF THIS CHAPTER IMPOSED PURSUANT TO A LOCAL LAW OR
ORDINANCE IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR
FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SCHOOL BUS RED VISUAL
SIGNALS THROUGH THE INSTALLATION AND OPERATION OF SCHOOL BUS PHOTO
VIOLATION MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE TWENTY-NINE OF
THIS CHAPTER; OR (F) FOR VIOLATIONS OF SECTION THREE HUNDRED EIGHTY-FIVE
OF THIS CHAPTER AND THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE
CITY OF NEW YORK IN RELATION TO GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT
VIOLATIONS IMPOSED PURSUANT TO A WEIGH IN MOTION DEMONSTRATION PROGRAM
IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN
OPERATOR THEREOF TO COMPLY WITH SUCH GROSS VEHICLE WEIGHT AND/OR AXLE
WEIGHT RESTRICTIONS THROUGH THE INSTALLATION AND OPERATION OF WEIGH IN
MOTION VIOLATION MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE TEN OF
THIS CHAPTER.
§ 10. Paragraph a of subdivision 1 of section 1809-e of the vehicle
and traffic law is REPEALED and a new paragraph a is added 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: (I) A TRAFFIC
INFRACTION INVOLVING STANDING, STOPPING, OR PARKING OR VIOLATIONS BY
PEDESTRIANS OR BICYCLISTS; AND (II) AN ADJUDICATION OF LIABILITY OF AN
OWNER FOR A VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEV-
EN OF THIS CHAPTER IMPOSED PURSUANT TO A LOCAL LAW OR ORDINANCE IMPOSING
MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR
THEREOF TO COMPLY WITH TRAFFIC-CONTROL INDICATIONS THROUGH THE INSTALLA-
TION AND OPERATION OF TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING
SYSTEMS, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER; AND
(III) AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDI-
VISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF
THIS CHAPTER IMPOSED PURSUANT TO A DEMONSTRATION PROGRAM IMPOSING MONE-
TARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR
THEREOF TO COMPLY WITH SUCH POSTED MAXIMUM SPEED LIMITS THROUGH THE
INSTALLATION AND OPERATION OF PHOTO SPEED VIOLATION MONITORING SYSTEMS,
IN ACCORDANCE WITH ARTICLE THIRTY OF THIS CHAPTER; AND (IV) AN ADJUDI-
CATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF BUS LANE RESTRICTIONS
AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IMPOSED PURSUANT TO A
S. 2740--B 21
BUS RAPID TRANSIT PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A
VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH BUS LANE
RESTRICTIONS THROUGH THE INSTALLATION AND OPERATION OF BUS LANE PHOTO
DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER; AND (V)
AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF TOLL
COLLECTION REGULATIONS IMPOSED BY CERTAIN PUBLIC AUTHORITIES PURSUANT TO
THE LAW AUTHORIZING SUCH PUBLIC AUTHORITIES TO IMPOSE MONETARY LIABILITY
ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY
WITH TOLL COLLECTION REGULATIONS OF SUCH PUBLIC AUTHORITIES THROUGH THE
INSTALLATION AND OPERATION OF PHOTO-MONITORING SYSTEMS, IN ACCORDANCE
WITH SECTION TWO THOUSAND NINE HUNDRED EIGHTY-FIVE OF THE PUBLIC AUTHOR-
ITIES LAW OR SECTIONS SIXTEEN-A, SIXTEEN-B AND SIXTEEN-C OF CHAPTER
SEVEN HUNDRED SEVENTY-FOUR OF THE LAWS OF NINETEEN HUNDRED FIFTY; AND
(VI) AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SECTION
ELEVEN HUNDRED SEVENTY-FOUR OF THIS CHAPTER WHEN MEETING A SCHOOL BUS
MARKED AND EQUIPPED AS PROVIDED IN SUBDIVISIONS TWENTY AND TWENTY-ONE-C
OF SECTION THREE HUNDRED SEVENTY-FIVE OF THIS CHAPTER IMPOSED PURSUANT
TO A LOCAL LAW OR ORDINANCE IMPOSING MONETARY LIABILITY ON THE OWNER OF
A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SCHOOL BUS
RED VISUAL SIGNALS THROUGH THE INSTALLATION AND OPERATION OF SCHOOL BUS
PHOTO VIOLATION MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE TWENTY-
NINE OF THIS CHAPTER; AND (VII) AN ADJUDICATION OF LIABILITY OF AN OWNER
FOR A VIOLATION OF SECTION THREE HUNDRED EIGHTY-FIVE OF THIS CHAPTER AND
THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK IN
RELATION TO GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT VIOLATIONS IMPOSED
PURSUANT TO A WEIGH IN MOTION DEMONSTRATION PROGRAM IMPOSING MONETARY
LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF
TO COMPLY WITH SUCH GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT RESTRICTIONS
THROUGH THE INSTALLATION AND OPERATION OF WEIGH IN MOTION VIOLATION
MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE TEN OF THIS CHAPTER,
THERE SHALL BE LEVIED IN ADDITION TO ANY SENTENCE, PENALTY OR OTHER
SURCHARGE REQUIRED OR PERMITTED BY LAW, AN ADDITIONAL SURCHARGE OF TWEN-
TY-EIGHT DOLLARS.
§ 11. The general municipal law is amended by adding a new section
371-a to read as follows:
§ 371-A. ADDITIONAL JURISDICTION AND PROCEDURE RELATED TO THE ADJUDI-
CATION OF CERTAIN NOTICES OF LIABILITY. A TRAFFIC VIOLATIONS BUREAU
ESTABLISHED PURSUANT TO SUBDIVISION ONE AND A TRAFFIC AND PARKING
VIOLATIONS AGENCY ESTABLISHED PURSUANT TO SUBDIVISION TWO OF SECTION
THREE HUNDRED SEVENTY-ONE OF THIS ARTICLE MAY BE AUTHORIZED TO ADJUDI-
CATE, IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE, THE LIABILITY
OF OWNERS: (A) FOR VIOLATIONS OF SUBDIVISION (D) OF SECTION ELEVEN
HUNDRED ELEVEN OF THE VEHICLE AND TRAFFIC LAW IMPOSED PURSUANT TO A
LOCAL LAW OR ORDINANCE IMPOSING MONETARY LIABILITY ON THE OWNER OF A
VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH TRAFFIC-CON-
TROL INDICATIONS THROUGH THE INSTALLATION AND OPERATION OF TRAFFIC-CON-
TROL SIGNAL PHOTO VIOLATION-MONITORING SYSTEMS, IN ACCORDANCE WITH ARTI-
CLE TWENTY-FOUR OF THE VEHICLE AND TRAFFIC LAW; OR (B) FOR VIOLATIONS OF
SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THE VEHICLE AND TRAFFIC LAW WHEN
MEETING A SCHOOL BUS MARKED AND EQUIPPED AS PROVIDED IN SUBDIVISIONS
TWENTY AND TWENTY-ONE-C OF SECTION THREE HUNDRED SEVENTY-FIVE OF THE
VEHICLE AND TRAFFIC LAW IMPOSED PURSUANT TO A LOCAL LAW OR ORDINANCE
IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN
OPERATOR THEREOF TO COMPLY WITH SCHOOL BUS RED VISUAL SIGNALS THROUGH
THE INSTALLATION AND OPERATION OF SCHOOL BUS PHOTO VIOLATION MONITORING
S. 2740--B 22
SYSTEMS, IN ACCORDANCE WITH ARTICLE TWENTY-NINE OF THE VEHICLE AND TRAF-
FIC LAW.
§ 12. The vehicle and traffic law is amended by adding a new section
385-a to read as follows:
§ 385-A. OWNER LIABILITY FOR FAILURE OF OPERATOR TO COMPLY WITH WEIGHT
RESTRICTIONS ON INTERSTATE ROUTE 278 IN KINGS COUNTY. (A) 1. NOTWITH-
STANDING ANY OTHER PROVISION OF LAW, THE CITY OF NEW YORK IS HEREBY
AUTHORIZED TO ESTABLISH A WEIGH IN MOTION DEMONSTRATION PROGRAM ON
INTERSTATE ROUTE 278 IN KINGS COUNTY IMPOSING MONETARY LIABILITY ON THE
OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH
GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT RESTRICTIONS ON SUCH PORTION OF
SUCH INTERSTATE IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. SUCH
DEMONSTRATION PROGRAM SHALL EMPOWER THE CITY OF NEW YORK TO INSTALL AND
OPERATE UP TO SIXTEEN WEIGH IN MOTION VIOLATION MONITORING SYSTEMS AT
ANY ONE TIME ON INTERSTATE ROUTE 278 IN KINGS COUNTY. SUCH SYSTEMS MAY
BE STATIONARY OR MOBILE AND MAY BE ACTIVATED AT LOCATIONS ON SUCH
PORTION OF SUCH INTERSTATE AS DETERMINED BY THE NEW YORK CITY DEPARTMENT
OF TRANSPORTATION. THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION MAY
ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE NEW YORK CITY DEPART-
MENT OF TRANSPORTATION FOR THE PURPOSES OF COORDINATING THE PLANNING,
DESIGN, INSTALLATION, CONSTRUCTION AND MAINTENANCE OF SUCH WEIGH IN
MOTION DEMONSTRATION PROGRAM. SUCH MEMORANDUM SHALL ADDRESS, FOR
PURPOSES OF SUCH DEMONSTRATION PROGRAM, THE USE OF SYSTEMS, DEVICES AND
OTHER FACILITIES OWNED AND OPERATED BY THE STATE.
2. NO WEIGH IN MOTION VIOLATION MONITORING SYSTEM SHALL BE USED UNLESS
(I) ON THE DAY IT IS TO BE USED IT HAS UNDERGONE A SELF-TEST FOR THE
OPERATION OF SUCH SYSTEM; AND (II) IT HAS UNDERGONE A SEMI-ANNUAL CALI-
BRATION CHECK PERFORMED PURSUANT TO PARAGRAPH THREE OF THIS SUBDIVISION.
A RESULT OF THE DAILY SELF-TEST FOR EACH SUCH SYSTEM SHALL INCLUDE THE
DATE AND TIME THAT THE SELF-TEST WAS SUCCESSFULLY PERFORMED. THE CITY OF
NEW YORK SHALL RETAIN EACH SUCH DAILY SELF-TEST UNTIL THE LATER OF THE
DATE ON WHICH THE WEIGH IN MOTION SYSTEM TO WHICH IT APPLIES HAS BEEN
PERMANENTLY REMOVED FROM USE OR THE FINAL RESOLUTION OF ALL CASES
INVOLVING NOTICES OF LIABILITY ISSUED BASED ON PHOTOGRAPHS, MICROPHOTO-
GRAPHS, VIDEO OR OTHER RECORDED IMAGES, AND INFORMATION AND DATA GENER-
ATED IN CONJUNCTION THEREWITH, PRODUCED BY SUCH SYSTEM.
3. EACH WEIGH IN MOTION VIOLATION MONITORING SYSTEM SHALL UNDERGO A
CALIBRATION CHECK EVERY SIX MONTHS IN ACCORDANCE WITH AMERICAN SOCIETY
FOR TESTING AND MATERIALS (ASTM) STANDARD SPECIFICATION E1318-09 (2017).
IF SUCH STANDARD SPECIFICATION IS REVISED, THE NEW YORK CITY DEPARTMENT
OF TRANSPORTATION SHALL ADOPT A RULE TO PROVIDE FOR THE USE OF THE MOST
CURRENT VERSION OF SUCH STANDARD SPECIFICATION. SUCH CALIBRATION CHECK
SHALL BE PERFORMED BY AN INDEPENDENT CALIBRATION LABORATORY WHICH SHALL
ISSUE A SIGNED CERTIFICATE OF CALIBRATION ON ITS LETTERHEAD TO THE CITY
OF NEW YORK. NOTHING CONTAINED IN THIS PARAGRAPH SHALL BE DEEMED TO
REQUIRE THE SIGNATURE OF A NOTARY PUBLIC ON SUCH CERTIFICATE. THE CITY
SHALL RETAIN EACH SUCH BI-ANNUAL CERTIFICATE OF CALIBRATION ON FILE
UNTIL THE FINAL RESOLUTION OF ALL CASES INVOLVING NOTICES OF LIABILITY
ISSUED DURING SUCH SIX-MONTH TIME PERIOD WHICH WERE BASED ON PHOTO-
GRAPHS, MICROPHOTOGRAPHS, VIDEO OR OTHER RECORDED IMAGES, AND INFORMA-
TION AND DATA GENERATED IN CONJUNCTION THEREWITH, PRODUCED BY SUCH WEIGH
IN MOTION VIOLATION MONITORING SYSTEM.
4. THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION SHALL ESTABLISH A
RANGE, ACCORDING TO THE MANUFACTURER'S STANDARDS AND ITS MONITORING OF
THE SYSTEM, FOR EVALUATING INFORMATION AND DATA COLLECTED FROM SENSOR
READINGS OF EACH WEIGH IN MOTION VIOLATION MONITORING SYSTEM. EACH SUCH
S. 2740--B 23
SYSTEM SHALL BE SET TO AUTOMATICALLY ALERT SUCH DEPARTMENT OF SIGNIF-
ICANT VARIATIONS FROM THE ESTABLISHED RANGE DURING A TWENTY-FOUR-HOUR
PERIOD. AFTER SUCH AN ALERT, SUCH SYSTEM SHALL BE INSPECTED AND ANY
NECESSARY ADJUSTMENTS SHALL BE MADE. SUCH DEPARTMENT SHALL KEEP A LOG OF
THE DETAILS OF ALL ALERTS, INCLUDING THE DATE AND TIME OF SUCH ALERT,
THE AMOUNT OF VARIATION FROM THE ESTABLISHED RANGE IN SUCH ALERT, THE
ADJUSTMENTS MADE OR ACTIONS TAKEN AS A RESULT OF THE SUBSEQUENT
INSPECTION, AND THE DATE AND TIME OF SUCH INSPECTION, ADJUSTMENTS OR
ACTIONS.
5. WEIGH IN MOTION VIOLATION MONITORING SYSTEMS USED IN ACCORDANCE
WITH THE WEIGH IN MOTION DEMONSTRATION PROGRAM AUTHORIZED PURSUANT TO
THIS SECTION SHALL BE OPERATED ONLY ON INTERSTATE ROUTE 278 WITHIN KINGS
COUNTY.
6. (I) NO PHOTOGRAPH, MICROPHOTOGRAPH, VIDEOTAPE OR OTHER RECORDED
IMAGE, NOR ANY INFORMATION AND DATA GENERATED IN CONJUNCTION THEREWITH,
SHALL BE USED FOR ANY PURPOSE OTHER THAN AS SPECIFIED IN THIS SECTION,
EXCEPT AS MAY BE OTHERWISE PROVIDED BY THIS PARAGRAPH.
(II) SUCH DEMONSTRATION PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES
TO ENSURE, TO THE EXTENT PRACTICABLE, THAT PHOTOGRAPHS, MICROPHOTO-
GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY SUCH WEIGH IN
MOTION VIOLATION MONITORING SYSTEMS SHALL NOT INCLUDE IMAGES THAT IDEN-
TIFY 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 SUCH A PHOTOGRAPH, MICROPHOTO-
GRAPH, VIDEOTAPE OR OTHER RECORDED IMAGE ALLOWS FOR THE IDENTIFICATION
OF THE DRIVER, THE PASSENGERS, OR THE CONTENTS OF VEHICLES WHERE THE
CITY SHOWS THAT IT MADE REASONABLE EFFORTS TO COMPLY WITH THE PROVISIONS
OF THIS PARAGRAPH IN SUCH CASE.
(III) PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR ANY OTHER RECORDED
IMAGE, AND ANY INFORMATION AND DATA GENERATED IN CONJUNCTION THEREWITH,
PRODUCED BY A WEIGH IN MOTION VIOLATION MONITORING SYSTEM SHALL BE FOR
THE EXCLUSIVE USE OF THE CITY FOR THE PURPOSE OF THE ADJUDICATION OF
LIABILITY IMPOSED PURSUANT TO THIS SECTION, AND OF THE OWNER RECEIVING A
NOTICE OF LIABILITY PURSUANT TO THIS SECTION, AND AS REQUIRED BY THE NEW
YORK CITY DEPARTMENT OF TRANSPORTATION TO STUDY THE IMPACT OF OVERWEIGHT
VEHICLES ON INTERSTATE ROUTE 278 IN KINGS COUNTY AND MANAGEMENT OF SUCH
INFRASTRUCTURE, AND SHALL BE DESTROYED BY THE CITY UPON THE FINAL RESOL-
UTION OF THE NOTICE OF LIABILITY TO WHICH SUCH PHOTOGRAPHS, MICROPHOTO-
GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES AND INFORMATION AND DATA
GENERATED IN CONJUNCTION THEREWITH RELATE, OR ONE YEAR FOLLOWING THE
DATE OF ISSUANCE OF SUCH NOTICE OF LIABILITY, WHICHEVER IS LATER.
NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW, RULE OR REGULATION TO
THE CONTRARY, PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR ANY OTHER
RECORDED IMAGE, AND INFORMATION AND DATA GENERATED IN CONJUNCTION THERE-
WITH, FROM A WEIGH IN MOTION VIOLATION MONITORING SYSTEM SHALL NOT BE
OPEN TO THE PUBLIC, NOR SUBJECT TO CIVIL OR CRIMINAL PROCESS OR DISCOV-
ERY, NOR USED BY ANY COURT OR ADMINISTRATIVE OR ADJUDICATORY BODY IN ANY
ACTION OR PROCEEDING THEREIN EXCEPT THAT WHICH IS NECESSARY FOR THE
ADJUDICATION OF A NOTICE OF LIABILITY ISSUED PURSUANT TO THIS SECTION,
AND NO PUBLIC ENTITY OR EMPLOYEE, OFFICER OR AGENT THEREOF SHALL
DISCLOSE SUCH INFORMATION, EXCEPT THAT SUCH PHOTOGRAPHS, MICROPHOTO-
GRAPHS, VIDEOTAPE OR ANY OTHER RECORDED IMAGES, AND INFORMATION AND DATA
GENERATED IN CONJUNCTION THEREWITH, FROM SUCH SYSTEMS:
(A) SHALL BE AVAILABLE FOR INSPECTION AND COPYING AND USE BY THE MOTOR
VEHICLE OWNER AND OPERATOR FOR SO LONG AS SUCH PHOTOGRAPHS, MICROPHOTO-
GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES, INFORMATION AND DATA ARE
S. 2740--B 24
REQUIRED TO BE MAINTAINED OR ARE MAINTAINED BY SUCH PUBLIC ENTITY,
EMPLOYEE, OFFICER OR AGENT; AND
(B) (1) SHALL BE FURNISHED WHEN DESCRIBED IN A SEARCH WARRANT ISSUED
BY A COURT AUTHORIZED TO ISSUE SUCH A SEARCH WARRANT PURSUANT TO ARTICLE
SIX HUNDRED NINETY OF THE CRIMINAL PROCEDURE LAW OR A FEDERAL COURT
AUTHORIZED TO ISSUE SUCH A SEARCH WARRANT UNDER FEDERAL LAW, WHERE SUCH
SEARCH WARRANT STATES THAT THERE IS REASONABLE CAUSE TO BELIEVE SUCH
INFORMATION CONSTITUTES EVIDENCE OF, OR TENDS TO DEMONSTRATE THAT, A
MISDEMEANOR OR FELONY OFFENSE WAS COMMITTED IN THIS STATE OR ANOTHER
STATE, OR THAT A PARTICULAR PERSON PARTICIPATED IN THE COMMISSION OF A
MISDEMEANOR OR FELONY OFFENSE IN THIS STATE OR ANOTHER STATE, PROVIDED,
HOWEVER, THAT IF SUCH OFFENSE WAS AGAINST THE LAWS OF ANOTHER STATE, THE
COURT SHALL ONLY ISSUE A WARRANT IF THE CONDUCT COMPRISING SUCH OFFENSE
WOULD, IF OCCURRING IN THIS STATE, CONSTITUTE A MISDEMEANOR OR FELONY
AGAINST THE LAWS OF THIS STATE; AND
(2) SHALL BE FURNISHED IN RESPONSE TO A SUBPOENA DUCES TECUM SIGNED BY
A JUDGE OF COMPETENT JURISDICTION AND ISSUED PURSUANT TO ARTICLE SIX
HUNDRED TEN OF THE CRIMINAL PROCEDURE LAW OR A JUDGE OR MAGISTRATE OF A
FEDERAL COURT AUTHORIZED TO ISSUE SUCH A SUBPOENA DUCES TECUM UNDER
FEDERAL LAW, WHERE THE JUDGE FINDS AND THE SUBPOENA STATES THAT THERE IS
REASONABLE CAUSE TO BELIEVE SUCH INFORMATION IS RELEVANT AND MATERIAL TO
THE PROSECUTION, OR THE DEFENSE, OR THE INVESTIGATION BY AN AUTHORIZED
LAW ENFORCEMENT OFFICIAL, OF THE ALLEGED COMMISSION OF A MISDEMEANOR OR
FELONY IN THIS STATE OR ANOTHER STATE, PROVIDED, HOWEVER, THAT IF SUCH
OFFENSE WAS AGAINST THE LAWS OF ANOTHER STATE, SUCH JUDGE OR MAGISTRATE
SHALL ONLY ISSUE SUCH SUBPOENA IF THE CONDUCT COMPRISING SUCH OFFENSE
WOULD, IF OCCURRING IN THIS STATE, CONSTITUTE A MISDEMEANOR OR FELONY IN
THIS STATE; AND
(3) MAY, IF LAWFULLY OBTAINED PURSUANT TO THIS CLAUSE AND CLAUSE (A)
OF THIS SUBPARAGRAPH AND OTHERWISE ADMISSIBLE, BE USED IN SUCH CRIMINAL
ACTION OR PROCEEDING.
(IV) THE CITY OF NEW YORK SHALL INSTALL SIGNS IN ADVANCE OF ENTRY
POINTS TO INTERSTATE ROUTE 278 IN KINGS COUNTY GIVING NOTICE TO
APPROACHING MOTOR VEHICLE OPERATORS THAT WEIGH IN MOTION VIOLATION MONI-
TORING SYSTEMS ARE IN USE TO ENFORCE MOTOR VEHICLE WEIGHT RESTRICTIONS.
(V) THE CITY OF NEW YORK SHALL USE OVERSIGHT PROCEDURES TO ENSURE
COMPLIANCE WITH THE AFOREMENTIONED PRIVACY PROTECTION MEASURES.
(B) IF THE CITY OF NEW YORK ESTABLISHES A DEMONSTRATION PROGRAM 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, ON INTERSTATE ROUTE 278 IN KINGS COUNTY IN VIOLATION OF SECTION
THREE HUNDRED EIGHTY-FIVE OF THIS ARTICLE AND THE RULES OF THE DEPART-
MENT OF TRANSPORTATION OF THE CITY OF NEW YORK IN RELATION TO GROSS
VEHICLE WEIGHT AND/OR AXLE WEIGHT, WHERE SUCH VEHICLE WAS TRAVELING TEN
PERCENT ABOVE THE GROSS VEHICLE WEIGHT OR TWENTY PERCENT ABOVE THE AXLE
WEIGHT AT THE TIME OF SUCH VIOLATION AS INDICATED BY AT LEAST TWO INDE-
PENDENTLY DETECTED GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT MEASUREMENTS
OBTAINED BY A WEIGH IN MOTION VIOLATION MONITORING SYSTEM, AND SUCH
VIOLATION IS EVIDENCED BY INFORMATION OBTAINED FROM A WEIGH IN MOTION
VIOLATION MONITORING SYSTEM; PROVIDED HOWEVER THAT NO OWNER OF A VEHICLE
SHALL BE LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION WHERE THE
OPERATOR OF SUCH VEHICLE: HAS BEEN CONVICTED OF THE UNDERLYING VIOLATION
OF SECTION THREE HUNDRED EIGHTY-FIVE OF THIS ARTICLE AND THE RULES OF
THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK IN RELATION TO
GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT; OR OPERATED SUCH VEHICLE IN
S. 2740--B 25
ACCORDANCE WITH THE TERMS AND CONDITIONS OF ANY OVERWEIGHT PERMIT ISSUED
IN ACCORDANCE WITH THIS CHAPTER AND ANY RULES AND REGULATIONS PROMULGAT-
ED THERETO. WHERE A VEHICLE IS IN VIOLATION OF BOTH GROSS VEHICLE
WEIGHT RESTRICTIONS AND AXLE WEIGHT RESTRICTIONS, THE OWNER SHALL BE
LIABLE FOR A SEPARATE PENALTY FOR EACH SUCH VIOLATION.
(C) FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
1. "MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES" OR "MUTCD" SHALL MEAN
THE MANUAL AND SPECIFICATIONS FOR A UNIFORM SYSTEM OF TRAFFIC CONTROL
DEVICES MAINTAINED BY THE COMMISSIONER OF TRANSPORTATION PURSUANT TO
SECTION SIXTEEN HUNDRED EIGHTY OF THIS CHAPTER;
2. "OWNER" SHALL HAVE THE MEANING PROVIDED IN ARTICLE TWO-B OF THIS
CHAPTER;
3. "WEIGH IN MOTION VIOLATION MONITORING SYSTEM" SHALL MEAN SENSORS,
CAPABLE OF OPERATING INDEPENDENTLY OF AN ENFORCEMENT OFFICER, INSTALLED
TO WORK IN CONJUNCTION WITH OTHER DEVICES TO CAPTURE AND RECORD THE
GROSS VEHICLE WEIGHT AND THE AXLE WEIGHT OF A MOTOR VEHICLE, WHICH
PRODUCE AT LEAST TWO INDEPENDENTLY DETECTED GROSS VEHICLE WEIGHT AND/OR
AXLE WEIGHT MEASUREMENTS AND AUTOMATICALLY PRODUCE TWO OR MORE PHOTO-
GRAPHS, TWO OR MORE MICROPHOTOGRAPHS, A VIDEOTAPE OR OTHER RECORDED
IMAGES OF EACH VEHICLE AT THE TIME IT IS USED OR OPERATED IN VIOLATION
OF SECTION THREE HUNDRED EIGHTY-FIVE OF THIS ARTICLE AND THE RULES OF
THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK IN RELATION TO
GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT, IN ACCORDANCE WITH THE
PROVISIONS OF THIS SECTION; AND
4. "WEIGH IN MOTION DEMONSTRATION PROGRAM" SHALL MEAN THE DEMON-
STRATION PROGRAM AUTHORIZED BY THIS SECTION THAT OPERATES EXCLUSIVELY ON
INTERSTATE ROUTE 278 IN KINGS COUNTY.
5. "INTERSTATE ROUTE 278 IN KINGS COUNTY" SHALL MEAN THAT PORTION OF
INTERSTATE ROUTE 278 SPECIFICALLY FROM THE VICINITY OF ATLANTIC AVENUE
TO THE VICINITY OF SANDS STREET IN KINGS COUNTY, STATE OF NEW YORK.
6. "RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK"
SHALL MEAN RULES AND REGULATIONS OF THE NEW YORK CITY DEPARTMENT OF
TRANSPORTATION ADOPTED PURSUANT TO SECTION SIXTEEN HUNDRED FORTY-TWO OF
THIS CHAPTER.
(D) A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY
THE CITY OF NEW YORK, OR A FACSIMILE THEREOF, BASED UPON INSPECTION OF
PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES, AND
INFORMATION AND DATA GENERATED IN CONJUNCTION THEREWITH, PRODUCED BY A
WEIGH IN MOTION VIOLATION MONITORING SYSTEM, SHALL BE PRIMA FACIE
EVIDENCE OF THE FACTS CONTAINED THEREIN. NOTHING CONTAINED IN THIS
SUBDIVISION SHALL BE DEEMED TO REQUIRE THE SIGNATURE OF A NOTARY PUBLIC
ON SUCH CERTIFICATE. ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR
OTHER RECORDED IMAGES EVIDENCING SUCH A VIOLATION SHALL INCLUDE AN IMAGE
OF THE MOTOR VEHICLE ALLEGED TO BE IN VIOLATION AND THE INFORMATION AND
DATA GENERATED IN CONJUNCTION THEREWITH AND SHALL BE AVAILABLE FOR
INSPECTION REASONABLY IN ADVANCE OF AND AT ANY PROCEEDING TO ADJUDICATE
THE LIABILITY FOR SUCH VIOLATION PURSUANT TO THIS SECTION.
(E) AN OWNER LIABLE FOR A VIOLATION OF SECTION THREE HUNDRED EIGHTY-
FIVE OF THIS ARTICLE AND THE RULES OF THE DEPARTMENT OF TRANSPORTATION
OF THE CITY OF NEW YORK PURSUANT TO A WEIGH IN MOTION DEMONSTRATION
PROGRAM ESTABLISHED PURSUANT TO THIS SECTION SHALL BE LIABLE FOR MONE-
TARY PENALTIES IN ACCORDANCE WITH SEPARATE SCHEDULES OF FINES AND PENAL-
TIES TO BE PROMULGATED BY THE PARKING VIOLATIONS BUREAU OF THE CITY OF
NEW YORK FOR A VIOLATION OF SECTION THREE HUNDRED EIGHTY-FIVE OF THIS
ARTICLE AND THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF
S. 2740--B 26
NEW YORK IN RELATION TO GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT. THE
LIABILITY OF THE OWNER PURSUANT TO THIS SECTION SHALL NOT EXCEED ONE
THOUSAND DOLLARS FOR EACH VIOLATION; PROVIDED, HOWEVER, THAT SUCH PARK-
ING VIOLATIONS BUREAU 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 THE WEIGH IN MOTION DEMONSTRATION
PROGRAM ESTABLISHED 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 SECTION THREE
HUNDRED EIGHTY-FIVE OF THIS ARTICLE AND THE RULES OF THE DEPARTMENT OF
TRANSPORTATION OF THE CITY OF NEW YORK IN RELATION TO GROSS VEHICLE
WEIGHT AND/OR AXLE WEIGHT PURSUANT TO THIS SECTION, WITHIN FOURTEEN
BUSINESS DAYS IF SUCH OWNER IS A RESIDENT OF THIS STATE AND WITHIN
FORTY-FIVE BUSINESS DAYS IF SUCH OWNER IS A NON-RESIDENT. PERSONAL
DELIVERY ON THE OWNER SHALL NOT BE REQUIRED. A MANUAL OR AUTOMATIC
RECORD OF MAILING PREPARED IN THE ORDINARY COURSE OF BUSINESS SHALL BE
PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN.
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 SECTION THREE
HUNDRED EIGHTY-FIVE OF THIS ARTICLE AND THE RULES OF THE DEPARTMENT OF
TRANSPORTATION OF THE CITY OF NEW YORK IN RELATION TO GROSS VEHICLE
WEIGHT AND/OR AXLE WEIGHT PURSUANT TO THIS SECTION, THE UNITED STATES
DEPARTMENT OF TRANSPORTATION NUMBER OF THE VEHICLE INVOLVED IN SUCH
VIOLATION, THE REGISTRATION NUMBER OF THE VEHICLE INVOLVED IN SUCH
VIOLATION, THE GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT MEASURED, THE
LOCATION WHERE SUCH VIOLATION TOOK PLACE, THE DATE AND TIME OF SUCH
VIOLATION, THE IDENTIFICATION NUMBER OF THE WEIGH IN MOTION VIOLATION
MONITORING SYSTEM WHICH RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR
NUMBER, ONE OR MORE DATE AND TIME STAMPED IMAGES IDENTIFYING THE MOTOR
VEHICLE AND THE INFORMATION AND DATA EVIDENCING THE ALLEGED VIOLATION,
AND THE CERTIFICATE CHARGING THE LIABILITY.
3. THE NOTICE OF LIABILITY SHALL CONTAIN INFORMATION ADVISING THE
PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH THEY MAY CONTEST THE
LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO
CONTAIN A PROMINENT WARNING TO ADVISE THE PERSON CHARGED THAT FAILURE TO
CONTEST IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF
LIABILITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE CITY OF
NEW YORK, OR BY ANY OTHER ENTITY AUTHORIZED BY THE CITY TO PREPARE AND
MAIL SUCH NOTICE OF LIABILITY.
(H) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS OF THIS SECTION
SHALL BE BY THE NEW YORK CITY PARKING VIOLATIONS BUREAU.
(I) IF AN OWNER RECEIVES A NOTICE OF LIABILITY PURSUANT TO THIS
SECTION FOR ANY TIME PERIOD DURING WHICH THE VEHICLE OR THE NUMBER PLATE
OR PLATES OF SUCH VEHICLE WAS REPORTED TO THE POLICE DEPARTMENT AS
HAVING BEEN STOLEN, IT SHALL BE A VALID DEFENSE TO AN ALLEGATION OF
LIABILITY FOR A VIOLATION OF SECTION THREE HUNDRED EIGHTY-FIVE OF THIS
ARTICLE AND THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF
NEW YORK IN RELATION TO GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT PURSUANT
TO THIS SECTION THAT THE VEHICLE OR THE NUMBER PLATE OR PLATES OF SUCH
VEHICLE HAD BEEN REPORTED TO THE POLICE AS STOLEN PRIOR TO THE TIME THE
S. 2740--B 27
VIOLATION OCCURRED AND HAD NOT BEEN RECOVERED BY SUCH TIME. FOR PURPOSES
OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION, IT SHALL BE
SUFFICIENT THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE STOLEN
VEHICLE OR NUMBER PLATE OR PLATES OF SUCH VEHICLE BE SENT BY FIRST CLASS
MAIL TO THE NEW YORK CITY PARKING VIOLATIONS BUREAU.
(J) 1. 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 SECTION THREE HUNDRED EIGHTY-FIVE OF
THIS ARTICLE AND THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE
CITY OF NEW YORK IN RELATION TO GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT
PURSUANT TO THIS SECTION, PROVIDED THAT:
(I) PRIOR TO THE VIOLATION, THE LESSOR HAS FILED WITH SUCH PARKING
VIOLATIONS BUREAU IN ACCORDANCE WITH THE PROVISIONS OF SECTION TWO
HUNDRED THIRTY-NINE OF THIS CHAPTER; AND
(II) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM SUCH BUREAU
OF THE DATE AND TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFORMATION
CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY, THE LESSOR SUBMITS TO
SUCH BUREAU THE CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE
IDENTIFIED IN THE NOTICE OF LIABILITY AT THE TIME OF SUCH VIOLATION,
TOGETHER WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL,
LEASE OR OTHER CONTRACT DOCUMENT, AS MAY BE REASONABLY REQUIRED BY SUCH
BUREAU PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE.
2. FAILURE TO COMPLY WITH SUBPARAGRAPH (II) OF PARAGRAPH ONE OF THIS
SUBDIVISION SHALL RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED IN
THIS SECTION.
3. WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF PARAGRAPH ONE OF
THIS SUBDIVISION, THE LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH
VIOLATION SHALL BE DEEMED TO BE THE OWNER OF SUCH VEHICLE FOR PURPOSES
OF THIS SECTION, SHALL BE SUBJECT TO LIABILITY FOR SUCH VIOLATION PURSU-
ANT TO THIS SECTION AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO
SUBDIVISION (G) OF THIS SECTION.
(K) 1. IF THE OWNER LIABLE FOR A VIOLATION OF SECTION THREE HUNDRED
EIGHTY-FIVE OF THIS ARTICLE AND THE RULES OF THE DEPARTMENT OF TRANSPOR-
TATION OF THE CITY OF NEW YORK IN RELATION TO GROSS VEHICLE WEIGHT
AND/OR AXLE WEIGHT 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 OPERATED SUCH
VEHICLE IN VIOLATION OF SECTION THREE HUNDRED EIGHTY-FIVE OF THIS ARTI-
CLE AND THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW
YORK IN RELATION TO GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT. FOR
PURPOSES OF THIS SUBDIVISION THERE SHALL BE A PRESUMPTION THAT THE OPER-
ATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH THE CONSENT OF THE
OWNER AT THE TIME SUCH OPERATOR OPERATED SUCH VEHICLE IN VIOLATION OF
SECTION THREE HUNDRED EIGHTY-FIVE OF THIS ARTICLE AND THE RULES OF THE
DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK IN RELATION TO
GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT.
(L) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF SECTION THREE HUNDRED
EIGHTY-FIVE OF THIS ARTICLE AND THE RULES OF THE DEPARTMENT OF TRANSPOR-
TATION OF THE CITY OF NEW YORK IN RELATION TO GROSS VEHICLE WEIGHT
AND/OR AXLE WEIGHT.
S. 2740--B 28
(M) IF THE CITY ADOPTS A DEMONSTRATION PROGRAM PURSUANT TO SUBDIVISION
(A) OF THIS SECTION IT SHALL CONDUCT A STUDY AND SUBMIT AN ANNUAL REPORT
ON THE RESULTS OF THE USE OF WEIGH IN MOTION VIOLATION MONITORING
SYSTEMS TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE
SPEAKER OF THE ASSEMBLY ON OR BEFORE JUNE FIRST, TWO THOUSAND TWENTY-TWO
AND ON THE SAME DATE IN EACH SUCCEEDING YEAR IN WHICH THE DEMONSTRATION
PROGRAM IS OPERABLE. SUCH CITY SHALL ALSO POST SUCH ANNUAL REPORT ON THE
NEW YORK CITY DEPARTMENT OF TRANSPORTATION WEBSITE. SUCH REPORT SHALL
INCLUDE:
1. THE LOCATIONS WHERE AND DATES WHEN WEIGH IN MOTION VIOLATION MONI-
TORING SYSTEMS WERE USED;
2. THE TOTAL NUMBER OF TRUCKS WEIGHED AND THE TOTAL NUMBER OF
VIOLATIONS RECORDED BY WEIGH IN MOTION VIOLATION MONITORING SYSTEMS IN
ACCORDANCE WITH THIS SECTION IN THE AGGREGATE ON A DAILY, WEEKLY AND
MONTHLY BASIS;
3. THE TOTAL NUMBER OF VIOLATIONS RECORDED BY WEIGH IN MOTION
VIOLATION MONITORING SYSTEMS THAT WERE EITHER TEN PERCENT ABOVE THE
GROSS VEHICLE WEIGHT OR TWENTY PERCENT ABOVE THE AXLE WEIGHT;
4. THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED FOR VIOLATIONS
RECORDED BY SUCH WEIGH IN MOTION SYSTEMS;
5. THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID AFTER THE FIRST
NOTICE OF LIABILITY ISSUED FOR VIOLATIONS RECORDED BY WEIGH IN MOTION
SYSTEMS;
6. THE NUMBER OF VIOLATIONS ADJUDICATED AND THE RESULTS OF SUCH ADJU-
DICATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE FOR VIOLATIONS
RECORDED BY WEIGH IN MOTION SYSTEMS;
7. THE TOTAL AMOUNT OF REVENUE REALIZED BY THE CITY OF NEW YORK IN
CONNECTION WITH THE PROGRAM;
8. THE EXPENSES INCURRED BY THE CITY OF NEW YORK IN CONNECTION WITH
THE PROGRAM;
9. THE QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS; AND
10. THE TOTAL CAPITAL AMOUNT SPENT ON REPAIR OR RECONSTRUCTION OF
INTERSTATE ROUTE 278 IN KINGS COUNTY AND THE TOTAL CAPITAL AMOUNT SPENT
ON REPAIR OR RECONSTRUCTION OF INTERSTATE ROUTE 278 SPECIFICALLY FROM
THE VICINITY OF ATLANTIC AVENUE TO THE VICINITY OF SANDS STREET IN KINGS
COUNTY.
(N) IT SHALL BE A DEFENSE TO ANY PROSECUTION FOR A VIOLATION OF
SECTION THREE HUNDRED EIGHTY-FIVE OF THIS ARTICLE AND THE RULES OF THE
DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK IN RELATION TO
GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT PURSUANT TO THIS SECTION THAT
SUCH WEIGH IN MOTION VIOLATION MONITORING SYSTEM WAS MALFUNCTIONING AT
THE TIME OF THE ALLEGED VIOLATION.
§ 13. Subdivision 2 of section 87 of the public officers law is
amended by adding a new paragraph (r) to read as follows:
(R) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED
IMAGES OR INFORMATION AND DATA PREPARED UNDER AUTHORITY OF SECTION THREE
HUNDRED EIGHTY-FIVE-A OF THE VEHICLE AND TRAFFIC LAW.
§ 14. The New York city department of transportation shall: (i) prior
to implementing a weigh in motion demonstration program as authorized by
section 385-a of the vehicle and traffic law, as added by section one of
this act, communicate to the public the plan for the use of vehicle
weigh in motion violation monitoring systems to enforce vehicle weight
restrictions so as to maximize awareness of such program; (ii) during
the first 90 day period in which weigh in motion violation monitoring
systems are in operation pursuant to the provisions of this act send by
first class mail a written warning in lieu of a notice of liability to
S. 2740--B 29
all owners of motor vehicles who would be held liable for failure of
operators thereof to comply with section 385 of the vehicle and traffic
law and the rules of the department of transportation of the city of New
York in relation to gross vehicle weight and/or axle weight, together
with notice of the weigh in motion demonstration program authorized by
section 385-a of the vehicle and traffic law; and (iii) take such meas-
ures as are necessary to implement such program prior to its implementa-
tion, including promulgating any rules and regulations necessary for the
implementation of this act.
§ 15. The purchase or lease of equipment for a demonstration program
pursuant to section 385-a of the vehicle and traffic law shall be
subject to the provisions of section 103 of the general municipal law.
§ 16. This act shall take effect immediately; provided, however, that
sections twelve, thirteen, fourteen and fifteen shall expire and be
deemed repealed December 1, 2025 when upon such date the provisions of
such sections shall be deemed repealed; and provided further, that
notwithstanding the expiration and repeal of sections twelve, thirteen,
fourteen and fifteen of this act, any notices of liability issued pursu-
ant to the demonstration program authorized pursuant to section 385-a of
the vehicle and traffic law, as added by section twelve of this act,
prior to the expiration date of this act may be adjudicated after such
expiration date; and provided further, that:
(a) the amendments to the opening paragraph and paragraph (c) of
subdivision 1 of section 1809 of the vehicle and traffic law made by
section eight 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 eight-a of this act shall take effect;
(b) the amendments to the opening paragraph and paragraph (c) of
subdivision 1 of section 1809 of the vehicle and traffic law made by
section eight-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 eight-b of this act shall take effect;
(c) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section eight-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 eight-c of this act shall take
effect;
(d) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section eight-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 eight-d of this act shall take
effect;
(e) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section eight-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 eight-e of this act shall take
effect;
(f) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section eight-e 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 eight-f of this act shall take
effect;
(g) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section eight-f of this act shall not affect the
expiration of such section and shall be deemed to expire therewith, when
S. 2740--B 30
upon such date the provisions of section eight-g of this act shall take
effect; and
(h) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section eight-g 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 eight-h of this act shall take
effect.
