LBD02181-03-1
S. 4682--A 2
section eleven hundred seventy-four of this chapter in accordance with
section eleven hundred seventy-four-a of this chapter, or to adjudicate
the liability of owners for violations of subdivision (d) of section
eleven hundred eleven of this chapter in accordance with section eleven
hundred eleven-e of this chapter, or to adjudicate the liability of
owners for violations of toll collection regulations as defined in and
in accordance with the provisions of section two thousand nine hundred
eighty-five of the public authorities law and sections sixteen-a,
sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
laws of nineteen hundred fifty, or to adjudicate liability of owners in
accordance with section eleven hundred eleven-c of this chapter for
violations of bus lane restrictions as defined in subdivision (b), (c),
(d), (f) or (g) of such section, or to adjudicate the liability of
owners for violations of section eleven hundred eighty of this chapter
in accordance with section eleven hundred eighty-b of this chapter, or
to adjudicate the liability of owners for violations of section eleven
hundred eighty of this chapter in accordance with section eleven hundred
eighty-d of this chapter, OR TO ADJUDICATE THE LIABILITY OF OWNERS FOR
VIOLATIONS OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORD-
ANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER, such tribunal
and the rules and regulations pertaining thereto shall be constituted in
substantial conformance with the following sections.
§ 1-a. Subdivision 1 of section 235 of the vehicle and traffic law, as
amended by section 1 of chapter 145 of the laws of 2019, is amended to
read as follows:
1. Notwithstanding any inconsistent provision of any general, special
or local law or administrative code to the contrary, in any city which
heretofore or hereafter is authorized to establish an administrative
tribunal to hear and determine complaints of traffic infractions consti-
tuting parking, standing or stopping violations, or to adjudicate the
liability of owners for violations of subdivision (d) of section eleven
hundred eleven of this chapter in accordance with section eleven hundred
eleven-a of this chapter, or to adjudicate the liability of owners for
violations of subdivision (d) of section eleven hundred eleven of this
chapter in accordance with sections eleven hundred eleven-b of this
chapter as added by sections sixteen of chapters twenty, and twenty-two
of the laws of two thousand nine, or to adjudicate the liability of
owners for violations of subdivision (d) of section eleven hundred elev-
en of this chapter in accordance with section eleven hundred eleven-d of
this chapter, or to adjudicate the liability of owners for violations of
section eleven hundred seventy-four of this chapter in accordance with
section eleven hundred seventy-four-a of this chapter, or to adjudicate
the liability of owners for violations of subdivision (d) of section
eleven hundred eleven of this chapter in accordance with section eleven
hundred eleven-e of this chapter, or to adjudicate the liability of
owners for violations of toll collection regulations as defined in and
in accordance with the provisions of section two thousand nine hundred
eighty-five of the public authorities law and sections sixteen-a,
sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
laws of nineteen hundred fifty, or to adjudicate liability of owners in
accordance with section eleven hundred eleven-c of this chapter for
violations of bus lane restrictions as defined in subdivision (b), (c),
(d), (f) or (g) of such section, or to adjudicate the liability of
owners for violations of section eleven hundred eighty of this chapter
in accordance with section eleven hundred eighty-b of this chapter, OR
TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SECTION ELEVEN
S. 4682--A 3
HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
EIGHTY-E OF THIS CHAPTER, such tribunal and the rules and regulations
pertaining thereto shall be constituted in substantial conformance with
the following sections.
§ 1-b. Section 235 of the vehicle and traffic law, as separately
amended by sections 1-a of chapters 145 and 148 of the laws of 2019, is
amended to read as follows:
§ 235. Jurisdiction. Notwithstanding any inconsistent provision of any
general, special or local law or administrative code to the contrary, in
any city which heretofore or hereafter is authorized to establish an
administrative tribunal to hear and determine complaints of traffic
infractions constituting parking, standing or stopping violations, or to
adjudicate the liability of owners for violations of subdivision (d) of
section eleven hundred eleven of this chapter in accordance with section
eleven hundred eleven-a of this chapter, or to adjudicate the liability
of owners for violations of subdivision (d) of section eleven hundred
eleven of this chapter in accordance with sections eleven hundred
eleven-b of this chapter as added by sections sixteen of chapters twen-
ty, and twenty-two of the laws of two thousand nine, or to adjudicate
the liability of owners for violations of subdivision (d) of section
eleven hundred eleven of this chapter in accordance with section eleven
hundred eleven-d of this chapter, or to adjudicate the liability of
owners for violations of subdivision (d) of section eleven hundred elev-
en of this chapter in accordance with section eleven hundred eleven-e of
this chapter, or to adjudicate the liability of owners for violations of
section eleven hundred seventy-four of this chapter in accordance with
section eleven hundred seventy-four-a of this chapter, or to adjudicate
the liability of owners for violations of toll collection regulations as
defined in and in accordance with the provisions of section two thousand
nine hundred eighty-five of the public authorities law and sections
sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
of the laws of nineteen hundred fifty, or to adjudicate liability of
owners in accordance with section eleven hundred eleven-c of this chap-
ter for violations of bus lane restrictions as defined in such section,
or to adjudicate the liability of owners for violations of subdivision
(b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
ter in accordance with section eleven hundred eighty-b of this chapter,
or to adjudicate the liability of owners for violations of subdivision
(b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
ter in accordance with section eleven hundred eighty-d of this chapter,
OR TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION
(B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER, such
tribunal and the rules and regulations pertaining thereto shall be
constituted in substantial conformance with the following sections.
§ 1-c. Section 235 of the vehicle and traffic law, as separately
amended by sections 1-b of chapters 145 and 148 of the laws of 2019, is
amended to read as follows:
§ 235. Jurisdiction. Notwithstanding any inconsistent provision of any
general, special or local law or administrative code to the contrary, in
any city which heretofore or hereafter is authorized to establish an
administrative tribunal to hear and determine complaints of traffic
infractions constituting parking, standing or stopping violations, or to
adjudicate the liability of owners for violations of subdivision (d) of
section eleven hundred eleven of this chapter in accordance with
sections eleven hundred eleven-b of this chapter as added by sections
S. 4682--A 4
sixteen of chapters twenty, and twenty-two of the laws of two thousand
nine, or to adjudicate the liability of owners for violations 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 to adjudi-
cate the liability of owners for violations of subdivision (d) of
section eleven hundred eleven of this chapter in accordance with section
eleven hundred eleven-e of this chapter, or to adjudicate the liability
of owners for violations of section eleven hundred seventy-four of this
chapter in accordance with section eleven hundred seventy-four-a of this
chapter, or to adjudicate the liability of owners for violations of toll
collection regulations as defined in and in accordance with the
provisions of section two thousand nine hundred eighty-five of the
public authorities law and sections sixteen-a, sixteen-b and sixteen-c
of chapter seven hundred seventy-four of the laws of nineteen hundred
fifty, or to adjudicate liability of owners in accordance with section
eleven hundred eleven-c of this chapter for violations of bus lane
restrictions as defined in such section, or to adjudicate the liability
of owners for violations of subdivision (b), (c), (d), (f) or (g) of
section eleven hundred eighty of this chapter in accordance with section
eleven hundred eighty-b of this chapter, or to adjudicate the liability
of owners for violations of subdivision (b), (c), (d), (f) or (g) of
section eleven hundred eighty of this chapter in accordance with section
eleven hundred eighty-d of this chapter, OR TO ADJUDICATE THE LIABILITY
OF OWNERS FOR VIOLATIONS OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION
ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED EIGHTY-E OF THIS CHAPTER, such tribunal and the rules and regu-
lations pertaining thereto shall be constituted in substantial conform-
ance with the following sections.
§ 1-d. Section 235 of the vehicle and traffic law, as separately
amended by sections 1-c of chapters 145 and 148 of the laws of 2019, is
amended to read as follows:
§ 235. Jurisdiction. Notwithstanding any inconsistent provision of any
general, special or local law or administrative code to the contrary, in
any city which heretofore or hereafter is authorized to establish an
administrative tribunal to hear and determine complaints of traffic
infractions constituting parking, standing or stopping violations, or to
adjudicate the liability of owners for violations of subdivision (d) of
section eleven hundred eleven of this chapter in accordance with section
eleven hundred eleven-d of this chapter, or to adjudicate the liability
of owners for violations of subdivision (d) of section eleven hundred
eleven of this chapter in accordance with section eleven hundred
eleven-e of this chapter, or to adjudicate the liability of owners for
violations of section eleven hundred seventy-four of this chapter in
accordance with section eleven hundred seventy-four-a of this chapter,
or to adjudicate the liability of owners for violations of toll
collection regulations as defined in and in accordance with the
provisions of section two thousand nine hundred eighty-five of the
public authorities law and sections sixteen-a, sixteen-b and sixteen-c
of chapter seven hundred seventy-four of the laws of nineteen hundred
fifty, or to adjudicate liability of owners in accordance with section
eleven hundred eleven-c of this chapter for violations of bus lane
restrictions as defined in such section, or to adjudicate the liability
of owners for violations of subdivision (b), (c), (d), (f) or (g) of
section eleven hundred eighty of this chapter in accordance with section
eleven hundred eighty-b of this chapter, or to adjudicate the liability
of owners for violations of subdivision (b), (c), (d), (f) or (g) of
S. 4682--A 5
section eleven hundred eighty of this chapter in accordance with section
eleven hundred eighty-d of this chapter, OR TO ADJUDICATE THE LIABILITY
OF OWNERS FOR VIOLATIONS OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION
ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED EIGHTY-E OF THIS CHAPTER, such tribunal and the rules and regu-
lations pertaining thereto shall be constituted in substantial conform-
ance with the following sections.
§ 1-e. Section 235 of the vehicle and traffic law, as separately
amended by sections 1-d of chapters 145 and 148 of the laws of 2019, is
amended to read as follows:
§ 235. Jurisdiction. Notwithstanding any inconsistent provision of any
general, special or local law or administrative code to the contrary, in
any city which heretofore or hereafter is authorized to establish an
administrative tribunal to hear and determine complaints of traffic
infractions constituting parking, standing or stopping violations, or to
adjudicate the liability of owners for violations of subdivision (d) of
section eleven hundred eleven of this chapter in accordance with section
eleven hundred eleven-d of this chapter, or to adjudicate the liability
of owners for violations of subdivision (d) of section eleven hundred
eleven of this chapter in accordance with section eleven hundred
eleven-e of this chapter, or to adjudicate the liability of owners for
violations of section eleven hundred seventy-four of this chapter in
accordance with section eleven hundred seventy-four-a of this chapter,
or to adjudicate the liability of owners for violations of toll
collection regulations as defined in and in accordance with the
provisions of section two thousand nine hundred eighty-five of the
public authorities law and sections sixteen-a, sixteen-b and sixteen-c
of chapter seven hundred seventy-four of the laws of nineteen hundred
fifty, or to adjudicate liability of owners for violations of subdivi-
sions (c) and (d) of section eleven hundred eighty of this chapter in
accordance with section eleven hundred eighty-b of this chapter, or to
adjudicate the liability of owners for violations of subdivision (b),
(c), (d), (f) or (g) of section eleven hundred eighty of this chapter in
accordance with section eleven hundred eighty-d of this chapter, OR TO
ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (B),
(D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER, such
tribunal and the rules and regulations pertaining thereto shall be
constituted in substantial conformance with the following sections.
§ 1-f. Section 235 of the vehicle and traffic law, as separately
amended by sections 1-e of chapters 145 and 148 of the laws of 2019, is
amended to read as follows:
§ 235. Jurisdiction. Notwithstanding any inconsistent provision of any
general, special or local law or administrative code to the contrary, in
any city which heretofore or hereafter is authorized to establish an
administrative tribunal to hear and determine complaints of traffic
infractions constituting parking, standing or stopping violations, or to
adjudicate the liability of owners for violations of subdivision (d) of
section eleven hundred eleven of this chapter in accordance with section
eleven hundred eleven-d of this chapter, or to adjudicate the liability
of owners for violations of subdivision (d) of section eleven hundred
eleven of this chapter in accordance with section eleven hundred
eleven-e of this chapter, or to adjudicate the liability of owners for
violations of section eleven hundred seventy-four of this chapter in
accordance with section eleven hundred seventy-four-a of this chapter,
or to adjudicate the liability of owners for violations of toll
S. 4682--A 6
collection regulations as defined in and in accordance with the
provisions of section two thousand nine hundred eighty-five of the
public authorities law and sections sixteen-a, sixteen-b and sixteen-c
of chapter seven hundred seventy-four of the laws of nineteen hundred
fifty, or to adjudicate the liability of owners for violations of subdi-
vision (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, OR TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF
SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF
THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS
CHAPTER, such tribunal and the rules and regulations pertaining thereto
shall be constituted in substantial conformance with the following
sections.
§ 1-g. Section 235 of the vehicle and traffic law, as separately
amended by sections 1-f of chapters 145 and 148 of the laws of 2019, is
amended to read as follows:
§ 235. Jurisdiction. Notwithstanding any inconsistent provision of any
general, special or local law or administrative code to the contrary, in
any city which heretofore or hereafter is authorized to establish an
administrative tribunal to hear and determine complaints of traffic
infractions constituting parking, standing or stopping violations, or to
adjudicate the liability of owners for violations of subdivision (d) of
section eleven hundred eleven of this chapter in accordance with section
eleven hundred eleven-e of this chapter, or to adjudicate the liability
of owners for violations of section eleven hundred seventy-four of this
chapter in accordance with section eleven hundred seventy-four-a of this
chapter, or to adjudicate the liability of owners for violations of toll
collection regulations as defined in and in accordance with the
provisions of section two thousand nine hundred eighty-five of the
public authorities law and sections sixteen-a, sixteen-b and sixteen-c
of chapter seven hundred seventy-four of the laws of nineteen hundred
fifty, or to adjudicate the liability of owners for violations of subdi-
vision (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, OR TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF
SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF
THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS
CHAPTER, such tribunal and the rules and regulations pertaining thereto
shall be constituted in substantial conformance with the following
sections.
§ 1-h. Section 235 of the vehicle and traffic law, as separately
amended by sections 1-g of chapters 145 and 148 of the laws of 2019, is
amended to read as follows:
§ 235. Jurisdiction. Notwithstanding any inconsistent provision of any
general, special or local law or administrative code to the contrary, in
any city which heretofore or hereafter is authorized to establish an
administrative tribunal to hear and determine complaints of traffic
infractions constituting parking, standing or stopping violations, or to
adjudicate the liability of owners for violations of section eleven
hundred seventy-four of this chapter in accordance with section eleven
hundred seventy-four-a of this chapter, or to adjudicate the liability
of owners for violations of toll collection regulations as defined in
and in accordance with the provisions of section two thousand nine
hundred eighty-five of the public authorities law and sections
sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
of the laws of nineteen hundred fifty, or to adjudicate the liability of
S. 4682--A 7
owners for violations of subdivision (b), (c), (d), (f) or (g) of
section eleven hundred eighty of this chapter in accordance with section
eleven hundred eighty-d of this chapter, OR TO ADJUDICATE THE LIABILITY
OF OWNERS FOR VIOLATIONS OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION
ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED EIGHTY-E OF THIS CHAPTER, such tribunal and the rules and regu-
lations pertaining thereto shall be constituted in substantial conform-
ance with the following sections.
§ 1-i. Section 235 of the vehicle and traffic law, as separately
amended by chapter 715 of the laws of 1972 and chapter 379 of the laws
of 1992, is amended to read as follows:
§ 235. Jurisdiction. Notwithstanding any inconsistent provision of any
general, special or local law or administrative code to the contrary, in
any city which heretofore or hereafter is authorized to establish an
administrative tribunal to hear and determine complaints of traffic
infractions constituting parking, standing or stopping violations, or to
adjudicate the liability of owners for violations of toll collection
regulations as defined in and in accordance with the provisions of
section two thousand nine hundred eighty-five of the public authorities
law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven
hundred seventy-four of the laws of nineteen hundred fifty, OR TO ADJU-
DICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (B), (D),
(F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORD-
ANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER, such tribunal
and the rules and regulations pertaining thereto shall be constituted in
substantial conformance with the following sections.
§ 2. Subdivision 1 of section 236 of the vehicle and traffic law, as
separately amended by sections 2 of chapters 145 and 148 of the laws of
2019, is amended to read as follows:
1. Creation. In any city as hereinbefore or hereafter authorized such
tribunal when created shall be known as the parking violations bureau
and shall have jurisdiction of traffic infractions which constitute a
parking violation and, where authorized by local law adopted pursuant to
subdivision (a) of section eleven hundred eleven-a of this chapter or
subdivisions (a) of sections eleven hundred eleven-b of this chapter as
added by sections sixteen of chapters twenty, and twenty-two of the laws
of two thousand nine, or subdivision (a) of section eleven hundred
eleven-d of this chapter, or subdivision (a) of section eleven hundred
eleven-e of this chapter, or subdivision (a) of section eleven hundred
seventy-four-a of this chapter, shall adjudicate the liability of owners
for violations of subdivision (d) of section eleven hundred eleven of
this chapter in accordance with such section eleven hundred eleven-a,
sections eleven hundred eleven-b as added by sections sixteen of chap-
ters twenty, and twenty-two of the laws of two thousand nine, or section
eleven hundred eleven-d or section eleven hundred eleven-e and shall
adjudicate the liability of owners for violations of toll collection
regulations as defined in and in accordance with the provisions of
section two thousand nine hundred eighty-five of the public authorities
law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven
hundred seventy-four of the laws of nineteen hundred fifty and shall
adjudicate liability of owners in accordance with section eleven hundred
eleven-c of this chapter for violations of bus lane restrictions as
defined in such section and shall adjudicate liability of owners in
accordance with section eleven hundred seventy-four-a of this chapter
for violations of section eleven hundred seventy-four of this chapter
and shall adjudicate the liability of owners for violations of subdivi-
S. 4682--A 8
sion (b), (c), (d), (f) or (g) of section eleven hundred eighty of this
chapter in accordance with section eleven hundred eighty-b of this chap-
ter and shall adjudicate the liability of owners for violations of
subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty
of this chapter in accordance with section eleven hundred eighty-d of
this chapter, AND SHALL ADJUDICATE THE LIABILITY OF OWNERS FOR
VIOLATIONS OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED
EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT-
Y-E OF THIS CHAPTER. Such tribunal, except in a city with a population
of one million or more, shall also have jurisdiction of abandoned vehi-
cle violations. For the purposes of this article, a parking violation is
the violation of any law, rule or regulation providing for or regulating
the parking, stopping or standing of a vehicle. In 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.
§ 2-a. Subdivision 1 of section 236 of the vehicle and traffic law, as
amended by section 2 of chapter 145 of the laws of 2019, is amended to
read as follows:
1. Creation. In any city as hereinbefore or hereafter authorized such
tribunal when created shall be known as the parking violations bureau
and shall have jurisdiction of traffic infractions which constitute a
parking violation and, where authorized by local law adopted pursuant to
subdivision (a) of section eleven hundred eleven-a of this chapter or
subdivisions (a) of sections eleven hundred eleven-b of this chapter as
added by sections sixteen of chapters twenty, and twenty-two of the laws
of two thousand nine, or subdivision (a) of section eleven hundred
eleven-d of this chapter, or subdivision (a) of section eleven hundred
eleven-e of this chapter, or subdivision (a) of section eleven hundred
seventy-four-a of this chapter, shall adjudicate the liability of owners
for violations of subdivision (d) of section eleven hundred eleven of
this chapter in accordance with such section eleven hundred eleven-a,
sections eleven hundred eleven-b as added by sections sixteen of chap-
ters twenty, and twenty-two of the laws of two thousand nine, or section
eleven hundred eleven-d or section eleven hundred eleven-e and shall
adjudicate the liability of owners for violations of toll collection
regulations as defined in and in accordance with the provisions of
section two thousand nine hundred eighty-five of the public authorities
law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven
hundred seventy-four of the laws of nineteen hundred fifty and shall
adjudicate liability of owners in accordance with section eleven hundred
eleven-c of this chapter for violations of bus lane restrictions as
defined in such section and shall adjudicate liability of owners in
accordance with section eleven hundred seventy-four-a of this chapter
for violations of section eleven hundred seventy-four of this chapter
and shall adjudicate the liability of owners for violations of subdivi-
sion (b), (c), (d), (f) or (g) of section eleven hundred eighty of this
chapter in accordance with section eleven hundred eighty-b of this chap-
ter, AND SHALL ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF
SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF
THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS
CHAPTER. Such tribunal, except in a city with a population of one
million or more, shall also have jurisdiction of abandoned vehicle
violations. For the purposes of this article, a parking violation is the
violation of any law, rule or regulation providing for or regulating the
parking, stopping or standing of a vehicle. In addition for purposes of
S. 4682--A 9
this article, "commissioner" shall mean and include the commissioner of
traffic of the city or an official possessing authority as such a
commissioner.
§ 2-b. Subdivision 1 of section 236 of the vehicle and traffic law, as
separately amended by sections 2-a of chapters 145 and 148 of the laws
of 2019, is amended to read as follows:
1. Creation. In any city as hereinbefore or hereafter authorized such
tribunal when created shall be known as the parking violations bureau
and shall have jurisdiction of traffic infractions which constitute a
parking violation and, where authorized by local law adopted pursuant to
subdivisions (a) of sections eleven hundred eleven-b of this chapter as
added by sections sixteen of chapters twenty, and twenty-two of the laws
of two thousand nine, or subdivision (a) of section eleven hundred
eleven-d of this chapter, or subdivision (a) of section eleven hundred
eleven-e of this chapter, or subdivision (a) of section eleven hundred
seventy-four-a of this chapter, shall adjudicate the liability of owners
for violations of subdivision (d) of section eleven hundred eleven of
this chapter in accordance with such sections eleven hundred eleven-b as
added by sections sixteen of chapters twenty, and twenty-two of the laws
of two thousand nine or section eleven hundred eleven-d or section elev-
en hundred eleven-e; and shall adjudicate liability of owners in accord-
ance with section eleven hundred eleven-c of this chapter for violations
of bus lane restrictions as defined in such section and shall adjudicate
liability of owners in accordance with section eleven hundred seventy-
four-a of this chapter for violations of section eleven hundred seven-
ty-four of this chapter and shall adjudicate liability of owners for
violations of subdivisions (c) and (d) of section eleven hundred eighty
of this chapter in accordance with section eleven hundred eighty-b of
this chapter and shall adjudicate the liability of owners for violations
of subdivision (b), (c), (d), (f) or (g) of section eleven hundred
eighty of this chapter in accordance with section eleven hundred eight-
y-d of this chapter, SHALL ADJUDICATE THE LIABILITY OF OWNERS FOR
VIOLATIONS OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED
EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT-
Y-E OF THIS CHAPTER. For the purposes of this article, a parking
violation is the violation of any law, rule or regulation providing for
or regulating the parking, stopping or standing of a vehicle. In addi-
tion for purposes of this article, "commissioner" shall mean and include
the commissioner of traffic of the city or an official possessing
authority as such a commissioner.
§ 2-c. Subdivision 1 of section 236 of the vehicle and traffic law, as
separately amended by sections 2-b of chapters 145 and 148 of the laws
of 2019, is amended to read as follows:
1. Creation. In any city as hereinbefore or hereafter authorized such
tribunal when created shall be known as the parking violations bureau
and shall have jurisdiction of traffic infractions which constitute a
parking violation and, where authorized by local law adopted pursuant to
subdivision (a) of section eleven hundred eleven-d or subdivision (a) of
section eleven hundred eleven-e of this chapter, or subdivision (a) of
section eleven hundred seventy-four-a of this chapter, shall adjudicate
liability of owners in accordance with section eleven hundred eleven-c
of this chapter for violations of bus lane restrictions as defined in
such section; and shall adjudicate the liability of owners for
violations of subdivision (b), (c), (d), (f) or (g) of section eleven
hundred eighty of this chapter in accordance with section eleven hundred
eighty-b of this chapter; and shall adjudicate the liability of owners
S. 4682--A 10
for violations 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, AND SHALL ADJUDICATE THE LIABILITY OF OWNERS
FOR VIOLATIONS OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN
HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
EIGHTY-E OF THIS CHAPTER. For the purposes of this article, a parking
violation is the violation of any law, rule or regulation providing for
or regulating the parking, stopping or standing of a vehicle. In addi-
tion for purposes of this article, "commissioner" shall mean and include
the commissioner of traffic of the city or an official possessing
authority as such a commissioner.
§ 2-d. Subdivision 1 of section 236 of the vehicle and traffic law, as
separately amended by sections 2-c of chapters 145 and 148 of the laws
of 2019, is amended to read as follows:
1. Creation. In any city as hereinbefore or hereafter authorized such
tribunal when created shall be known as the parking violations bureau
and, where authorized by local law adopted pursuant to subdivision (a)
of section eleven hundred eleven-d of this chapter or subdivision (a) of
section eleven hundred eleven-e of this chapter, or subdivision (a) of
section eleven hundred seventy-four-a of this chapter, shall have juris-
diction of traffic infractions which constitute a parking violation and
shall adjudicate the liability of owners for violations of subdivision
(b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
ter in accordance with section eleven hundred eighty-b of this chapter
and shall adjudicate the liability of owners for violations of subdivi-
sion (b), (c), (d), (f) or (g) of section eleven hundred eighty of this
chapter in accordance with section eleven hundred eighty-d of this chap-
ter, AND SHALL ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF
SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF
THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS
CHAPTER. For the purposes of this article, a parking violation is the
violation of any law, rule or regulation providing for or regulating the
parking, stopping or standing of a vehicle. In addition for purposes of
this article, "commissioner" shall mean and include the commissioner of
traffic of the city or an official possessing authority as such a
commissioner.
§ 2-e. Subdivision 1 of section 236 of the vehicle and traffic law, as
separately amended by sections 2-d of chapters 145 and 148 of the laws
of 2019, is amended to read as follows:
1. Creation. In any city as hereinbefore or hereafter authorized such
tribunal when created shall be known as the parking violations bureau
and, where authorized by local law adopted pursuant to subdivision (a)
of section eleven hundred eleven-d of this chapter or subdivision (a) of
section eleven hundred eleven-e of this chapter, or subdivision (a) of
section eleven hundred seventy-four-a of this chapter, shall have juris-
diction of traffic infractions which constitute a parking violation and
shall adjudicate the liability of owners for violations of subdivision
(b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
ter in accordance with section eleven hundred eighty-d of this chapter,
AND SHALL ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVI-
SION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAP-
TER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER.
For the purposes of this article, a parking violation is the violation
of any law, rule or regulation providing for or regulating the parking,
stopping or standing of a vehicle. In addition for purposes of this
article, "commissioner" shall mean and include the commissioner of traf-
S. 4682--A 11
fic of the city or an official possessing authority as such a commis-
sioner.
§ 2-f. Subdivision 1 of section 236 of the vehicle and traffic law, as
separately amended by sections 2-e of chapters 145 and 148 of the laws
of 2019, is amended to read as follows:
1. Creation. In any city as hereinbefore or hereafter authorized such
tribunal when created shall be known as the parking violations bureau
and where authorized by local law adopted pursuant to subdivision (a) of
section eleven hundred eleven-e or subdivision (a) of section eleven
hundred seventy-four-a of this chapter, shall have jurisdiction of traf-
fic infractions which constitute a parking violation and shall adjudi-
cate the liability of owners for violations of subdivision (b), (c),
(d), (f) or (g) of section eleven hundred eighty of this chapter in
accordance with section eleven hundred eighty-d of this chapter, AND
SHALL ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION
(B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER. For
the purposes of this article, a parking violation is the violation of
any law, rule or regulation providing for or regulating the parking,
stopping or standing of a vehicle. In addition for purposes of this
article, "commissioner" shall mean and include the commissioner of traf-
fic of the city or an official possessing authority as such a commis-
sioner.
§ 2-g. Subdivision 1 of section 236 of the vehicle and traffic law, as
separately amended by sections 2-f of chapters 145 and 148 of the laws
of 2019, is amended to read as follows:
1. Creation. In any city as hereinbefore or hereafter authorized such
tribunal when created shall be known as the parking violations bureau
and where authorized by local law adopted pursuant to subdivision (a) of
section eleven hundred seventy-four-a of this chapter, shall have juris-
diction of traffic infractions which constitute a parking violation and
shall adjudicate the liability of owners for violations of subdivision
(b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
ter in accordance with section eleven hundred eighty-d of this chapter,
AND SHALL ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVI-
SION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAP-
TER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER.
For the purposes of this article, a parking violation is the violation
of any law, rule or regulation providing for or regulating the parking,
stopping or standing of a vehicle. In addition for purposes of this
article, "commissioner" shall mean and include the commissioner of traf-
fic of the city or an official possessing authority as such a commis-
sioner.
§ 2-h. Subdivision 1 of section 236 of the vehicle and traffic law, as
added by chapter 715 of the laws of 1972, is amended to read as follows:
1. Creation. In any city as hereinbefore or hereafter authorized such
tribunal when created shall be known as the parking violations bureau
and shall have jurisdiction of traffic infractions which constitute a
parking violation AND, WHERE AUTHORIZED BY LOCAL LAW ADOPTED PURSUANT TO
SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER, SHALL ADJUDICATE THE
LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (B), (D), (F) OR (G)
OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER. For the purposes of
this article, a parking violation is the violation of any law, rule or
regulation providing for or regulating the parking, stopping or standing
of a vehicle. In addition for purposes of this article, "commissioner"
S. 4682--A 12
shall mean and include the commissioner of traffic of the city or an
official possessing authority as such a commissioner.
§ 3. Section 237 of the vehicle and traffic law is amended by adding a
new subdivision 17 to read as follows:
17. TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVI-
SION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAP-
TER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER.
§ 4. Paragraph f of subdivision 1 of section 239 of the vehicle and
traffic law, as separately amended by sections 4 of chapters 145 and 148
of the laws of 2019, is amended to read as follows:
f. "Notice of violation" means a notice of violation as defined in
subdivision nine of section two hundred thirty-seven of this article,
but shall not be deemed to include a notice of liability issued pursuant
to authorization set forth in section eleven hundred eleven-a of this
chapter, or sections eleven hundred eleven-b of this chapter as added by
sections sixteen of chapters twenty, and twenty-two of the laws of two
thousand nine, or section eleven hundred eleven-d of this chapter, or
section eleven hundred eleven-e of this chapter, or section eleven
hundred seventy-four-a of this chapter, and shall not be deemed to
include a notice of liability issued pursuant to section two thousand
nine hundred eighty-five of the public authorities law and sections
sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
of the laws of nineteen hundred fifty and shall not be deemed to include
a notice of liability issued pursuant to section eleven hundred eleven-c
of this chapter and shall not be deemed to include a notice of liability
issued pursuant to section eleven hundred eighty-b of this chapter and
shall not be deemed to include a notice of liability issued pursuant to
section eleven hundred eighty-d of this chapter AND SHALL NOT BE DEEMED
TO INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT TO SECTION ELEVEN
HUNDRED EIGHTY-E OF THIS CHAPTER.
§ 4-a. Paragraph f of subdivision 1 of section 239 of the vehicle and
traffic law, as amended by section 4 of chapter 145 of the laws of 2019,
is amended to read as follows:
f. "Notice of violation" means a notice of violation as defined in
subdivision nine of section two hundred thirty-seven of this article,
but shall not be deemed to include a notice of liability issued pursuant
to authorization set forth in section eleven hundred eleven-a of this
chapter, or sections eleven hundred eleven-b of this chapter as added by
sections sixteen of chapters twenty, and twenty-two of the laws of two
thousand nine, or section eleven hundred eleven-d of this chapter, or
section eleven hundred eleven-e of this chapter, or section eleven
hundred seventy-four-a of this chapter, and shall not be deemed to
include a notice of liability issued pursuant to section two thousand
nine hundred eighty-five of the public authorities law and sections
sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
of the laws of nineteen hundred fifty and shall not be deemed to include
a notice of liability issued pursuant to section eleven hundred eleven-c
of this chapter and shall not be deemed to include a notice of liability
issued pursuant to section eleven hundred eighty-b of this chapter, AND
SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT TO
SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER.
§ 4-b. Paragraph f of subdivision 1 of section 239 of the vehicle and
traffic law, as separately amended by sections 4-a of chapters 145 and
148 of the laws of 2019, is amended to read as follows:
f. "Notice of violation" means a notice of violation as defined in
subdivision nine of section two hundred thirty-seven of this article but
S. 4682--A 13
shall not be deemed to include a notice of liability issued pursuant to
authorization set forth in sections eleven hundred eleven-b of this
chapter as added by sections sixteen of chapters twenty, and twenty-two
of the laws of two thousand nine, or section eleven hundred eleven-d of
this chapter, or section eleven hundred eleven-e of this chapter or
section eleven hundred seventy-four-a of this chapter and shall not be
deemed to include a notice of liability issued pursuant to section elev-
en hundred eleven-c of this chapter and shall not be deemed to include a
notice of liability issued pursuant to section eleven hundred eighty-b
of this chapter and shall not be deemed to include a notice of liability
issued pursuant to section eleven hundred eighty-d of this chapter, AND
SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT TO
SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER.
§ 4-c. Paragraph f of subdivision 1 of section 239 of the vehicle and
traffic law, as separately amended by sections 4-b of chapters 145 and
148 of the laws of 2019, is amended to read as follows:
f. "Notice of violation" means a notice of violation as defined in
subdivision nine of section two hundred thirty-seven of this article and
shall not be deemed to include a notice of liability issued pursuant to
authorization set forth in section eleven hundred eleven-d of this chap-
ter or to a notice of liability issued pursuant to authorization set
forth in section eleven hundred eleven-e of this chapter or to a notice
of liability issued pursuant to authorization set forth in section elev-
en hundred seventy-four-a of this chapter and shall not be deemed to
include a notice of liability issued pursuant to section eleven hundred
eleven-c of this chapter and shall not be deemed to include a notice of
liability issued pursuant to section eleven hundred eighty-b of this
chapter and shall not be deemed to include a notice of liability issued
pursuant to section eleven hundred eighty-d of this chapter, AND SHALL
NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT TO
SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER.
§ 4-d. Paragraph f of subdivision 1 of section 239 of the vehicle and
traffic law, as separately amended by sections 4-c of chapters 145 and
148 of the laws of 2019, is amended to read as follows:
f. "Notice of violation" means a notice of violation as defined in
subdivision nine of section two hundred thirty-seven of this article and
shall not be deemed to include a notice of liability issued pursuant to
authorization set forth in section eleven hundred eleven-d of this chap-
ter or to a notice of liability issued pursuant to authorization set
forth in section eleven hundred eleven-e of this chapter or to a notice
of liability issued pursuant to authorization set forth in section elev-
en hundred seventy-four-a of this chapter and shall not be deemed to
include a notice of liability issued pursuant to section eleven hundred
eighty-b of this chapter and shall not be deemed to include a notice of
liability issued pursuant to section eleven hundred eighty-d of this
chapter, AND SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED
PURSUANT TO SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER.
§ 4-e. Paragraph f of subdivision 1 of section 239 of the vehicle and
traffic law, as separately amended by sections 4-d of chapters 145 and
148 of the laws of 2019, is amended to read as follows:
f. "Notice of violation" means a notice of violation as defined in
subdivision nine of section two hundred thirty-seven of this article and
shall not be deemed to include a notice of liability issued pursuant to
authorization set forth in section eleven hundred eleven-d of this chap-
ter or to a notice of liability issued pursuant to authorization set
forth in section eleven hundred eleven-e of this chapter or to a notice
S. 4682--A 14
of liability issued pursuant to authorization set forth in section elev-
en hundred seventy-four-a of this chapter and shall not be deemed to
include a notice of liability issued pursuant to section eleven hundred
eighty-d of this chapter, AND SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF
LIABILITY ISSUED PURSUANT TO SECTION ELEVEN HUNDRED EIGHTY-E OF THIS
CHAPTER.
§ 4-f. Paragraph f of subdivision 1 of section 239 of the vehicle and
traffic law, as separately amended by sections 4-e of chapters 145 and
148 of the laws of 2019, is amended to read as follows:
f. "Notice of violation" means a notice of violation as defined in
subdivision nine of section two hundred thirty-seven of this article and
shall not be deemed to include a notice of liability issued pursuant to
authorization set forth in section eleven hundred eleven-e of this chap-
ter or to a notice of liability issued pursuant to authorization set
forth in section eleven hundred seventy-four-a of this chapter and shall
not be deemed to include a notice of liability issued pursuant to
section eleven hundred eighty-d of this chapter, AND SHALL NOT BE DEEMED
TO INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT TO SECTION ELEVEN
HUNDRED EIGHTY-E OF THIS CHAPTER.
§ 4-g. Paragraph f of subdivision 1 of section 239 of the vehicle and
traffic law, as separately amended by sections 4-f of chapters 145 and
148 of the laws of 2019, is amended to read as follows:
f. "Notice of violation" means a notice of violation as defined in
subdivision nine of section two hundred thirty-seven of this article and
shall not be deemed to include a notice of liability issued pursuant to
authorization set forth in section eleven hundred seventy-four-a of this
chapter and shall not be deemed to include a notice of liability issued
pursuant to section eleven hundred eighty-d of this chapter, AND SHALL
NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT TO
SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER.
§ 4-h. Paragraph f of subdivision 1 of section 239 of the vehicle and
traffic law, as added by chapter 180 of the laws of 1980, is amended to
read as follows:
f. "Notice of violation" means a notice of violation as defined in
subdivision nine of section two hundred thirty-seven of this article,
BUT SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT
TO AUTHORIZATION SET FORTH IN SECTION ELEVEN HUNDRED EIGHTY-E OF THIS
CHAPTER.
§ 5. Subdivisions 1 and 1-a of section 240 of the vehicle and traffic
law, as separately amended by sections 5 of chapters 145 and 148 of the
laws of 2019, are amended to read as follows:
1. Notice of hearing. Whenever a person charged with a parking
violation enters a plea of not guilty or a person alleged to be liable
in accordance with section eleven hundred eleven-a of this chapter or
sections eleven hundred eleven-b of this chapter as added by sections
sixteen of chapters twenty, and twenty-two of the laws of two thousand
nine or section eleven hundred eleven-d of this chapter, or section
eleven hundred eleven-e of this chapter, or section eleven hundred
seventy-four-a of this chapter, for a violation of subdivision (d) of
section eleven hundred eleven of this chapter contests such allegation,
or a person alleged to be liable in accordance with the provisions of
section two thousand nine hundred eighty-five of the public authorities
law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
hundred seventy-four of the laws of nineteen hundred fifty, or a person
alleged to be liable in accordance with the provisions of section eleven
hundred eleven-c of this chapter for a violation of a bus lane
S. 4682--A 15
restriction as defined in such section contests such allegation, or a
person alleged to be liable in accordance with the provisions of section
eleven hundred eighty-b of this chapter for a violation of subdivision
(b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
ter contests such allegation, or a person alleged to be liable in
accordance with the provisions of section eleven hundred eighty-d of
this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of
section eleven hundred eighty of this chapter contests such allegation,
OR A PERSON ALLEGED TO BE LIABLE IN ACCORDANCE WITH THE PROVISIONS OF
SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER FOR A VIOLATION OF
SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF
THIS CHAPTER CONTESTS SUCH ALLEGATION the bureau shall advise such
person personally by such form of first class mail as the director may
direct of the date on which he or she must appear to answer the charge
at a hearing. The form and content of such notice of hearing shall be
prescribed by the director, and shall contain a warning to advise the
person so pleading or contesting that failure to appear on the date
designated, or on any subsequent adjourned date, shall be deemed an
admission of liability, and that a default judgment may be entered ther-
eon.
1-a. Fines and penalties. Whenever a plea of not guilty has been
entered, or the bureau has been notified that an allegation of liability
in accordance with section eleven hundred eleven-a of this chapter or
sections eleven hundred eleven-b of this chapter [as added by sections
sixteen of chapters twenty, and twenty-two of the laws of two thousand
nine] or section eleven hundred eleven-d of this chapter or section
eleven hundred eleven-e of this chapter or section eleven hundred seven-
ty-four-a of this chapter or an allegation of liability in accordance
with section two thousand nine hundred eighty-five of the public author-
ities law or sections sixteen-a, sixteen-b and sixteen-c of chapter
seven hundred seventy-four of the laws of nineteen hundred fifty or an
allegation of liability in accordance with section eleven hundred
eleven-c of this chapter or an allegation of liability in accordance
with section eleven hundred eighty-b of this chapter or an allegation of
liability in accordance with section eleven hundred eighty-d of this
chapter, OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED EIGHTY-E OF THIS CHAPTER is being contested, by a person in a
timely fashion and a hearing upon the merits has been demanded, but has
not yet been held, the bureau shall not issue any notice of fine or
penalty to that person prior to the date of the hearing.
§ 5-a. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
fic law, as amended by section 5 of chapter 145 of the laws of 2019, are
amended to read as follows:
1. Notice of hearing. Whenever a person charged with a parking
violation enters a plea of not guilty or a person alleged to be liable
in accordance with section eleven hundred eleven-a of this chapter or
sections eleven hundred eleven-b of this chapter as added by sections
sixteen of chapters twenty, and twenty-two of the laws of two thousand
nine or section eleven hundred eleven-d of this chapter, or section
eleven hundred eleven-e of this chapter, or section eleven hundred
seventy-four-a of this chapter, for a violation of subdivision (d) of
section eleven hundred eleven of this chapter contests such allegation,
or a person alleged to be liable in accordance with the provisions of
section two thousand nine hundred eighty-five of the public authorities
law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
hundred seventy-four of the laws of nineteen hundred fifty, or a person
S. 4682--A 16
alleged to be liable in accordance with the provisions of section eleven
hundred eleven-c of this chapter for a violation of a bus lane
restriction as defined in such section contests such allegation, or a
person alleged to be liable in accordance with the provisions of section
eleven hundred eighty-b of this chapter for a violation of subdivision
(b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
ter contests such allegation, OR A PERSON ALLEGED TO BE LIABLE IN
ACCORDANCE WITH THE PROVISIONS OF SECTION ELEVEN HUNDRED EIGHTY-E OF
THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER CONTESTS SUCH ALLEGATION,
the bureau shall advise such person personally by such form of first
class mail as the director may direct of the date on which he or she
must appear to answer the charge at a hearing. The form and content of
such notice of hearing shall be prescribed by the director, and shall
contain a warning to advise the person so pleading or contesting that
failure to appear on the date designated, or on any subsequent adjourned
date, shall be deemed an admission of liability, and that a default
judgment may be entered thereon.
1-a. Fines and penalties. Whenever a plea of not guilty has been
entered, or the bureau has been notified that an allegation of liability
in accordance with section eleven hundred eleven-a of this chapter or
sections eleven hundred eleven-b of this chapter as added by sections
sixteen of chapters twenty, and twenty-two of the laws of two thousand
nine or section eleven hundred eleven-d of this chapter or section elev-
en hundred eleven-e of this chapter or section eleven hundred seventy-
four-a of this chapter or an allegation of liability in accordance with
section two thousand nine hundred eighty-five of the public authorities
law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
hundred seventy-four of the laws of nineteen hundred fifty or an allega-
tion of liability in accordance with section eleven hundred eleven-c of
this chapter or an allegation of liability in accordance with section
eleven hundred eighty-b of this chapter, OR AN ALLEGATION OF LIABILITY
IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER is
being contested, by a person in a timely fashion and a hearing upon the
merits has been demanded, but has not yet been held, the bureau shall
not issue any notice of fine or penalty to that person prior to the date
of the hearing.
§ 5-b. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
fic law, as separately amended by sections 5-a of chapters 145 and 148
of the laws of 2019, are amended to read as follows:
1. Notice of hearing. Whenever a person charged with a parking
violation enters a plea of not guilty or a person alleged to be liable
in accordance with sections eleven hundred eleven-b of this chapter as
added by sections sixteen of chapters twenty, and twenty-two of the laws
of two thousand nine or section eleven hundred eleven-d of this chapter
or section eleven hundred eleven-e of this chapter or section eleven
hundred seventy-four-a of this chapter for a violation of subdivision
(d) of section eleven hundred eleven of this chapter, or a person
alleged to be liable in accordance with the provisions of section eleven
hundred eleven-c of this chapter for a violation of a bus lane
restriction as defined in such section contests such allegation, or a
person alleged to be liable in accordance with the provisions of section
eleven hundred eighty-b of this chapter for violations of subdivision
(b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
ter contests such allegation, or a person alleged to be liable in
accordance with the provisions of section eleven hundred eighty-d of
S. 4682--A 17
this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of
section eleven hundred eighty of this chapter contests such allegation,
OR A PERSON ALLEGED TO BE LIABLE IN ACCORDANCE WITH THE PROVISIONS OF
SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER FOR A VIOLATION OF
SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF
THIS CHAPTER CONTESTS SUCH ALLEGATION, the bureau shall advise such
person personally by such form of first class mail as the director may
direct of the date on which he or she must appear to answer the charge
at a hearing. The form and content of such notice of hearing shall be
prescribed by the director, and shall contain a warning to advise the
person so pleading or contesting that failure to appear on the date
designated, or on any subsequent adjourned date, shall be deemed an
admission of liability, and that a default judgment may be entered ther-
eon.
1-a. Fines and penalties. Whenever a plea of not guilty has been
entered, or the bureau has been notified that an allegation of liability
in accordance with sections eleven hundred eleven-b of this chapter, as
added by sections sixteen of chapters twenty, and twenty-two of the laws
of two thousand nine or in accordance with section eleven hundred
eleven-d of this chapter, or in accordance with section eleven hundred
eleven-e of this chapter or section eleven hundred seventy-four-a of
this chapter or an allegation of liability in accordance with section
eleven hundred eleven-c of this chapter or an allegation of liability in
accordance with section eleven hundred eighty-b of this chapter or an
allegation of liability in accordance with section eleven hundred eight-
y-d of this chapter, OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED EIGHTY-E 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-c. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
fic law, as separately amended by sections 5-b of chapters 145 and 148
of the laws of 2019, are amended to read as follows:
1. Notice of hearing. Whenever a person charged with a parking
violation enters a plea of not guilty or a person alleged to be liable
in accordance with section eleven hundred eleven-d of this chapter or in
accordance with section eleven hundred eleven-e of this chapter or
section eleven hundred seventy-four-a of this chapter or in accordance
with the provisions of section eleven hundred eleven-c of this chapter
for a violation of a bus lane restriction as defined in such section,
contests such allegation, or a person alleged to be liable in accordance
with the provisions of section eleven hundred eighty-b of this chapter
for violations of subdivision (b), (c), (d), (f) or (g) of section elev-
en hundred eighty of this chapter contests such allegation, or a person
alleged to be liable in accordance with the provisions of section eleven
hundred eighty-d of this chapter for a violation of subdivision (b),
(c), (d), (f) or (g) of section eleven hundred eighty of this chapter
contests such allegation, OR A PERSON ALLEGED TO BE LIABLE IN ACCORDANCE
WITH THE PROVISIONS OF SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER
FOR A VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN
HUNDRED EIGHTY OF THIS CHAPTER CONTESTS SUCH ALLEGATION, the bureau
shall advise such person personally by such form of first class mail as
the director may direct of the date on which he or she must appear to
answer the charge at a hearing. The form and content of such notice of
hearing shall be prescribed by the director, and shall contain a warning
S. 4682--A 18
to advise the person so pleading that failure to appear on the date
designated, or on any subsequent adjourned date, shall be deemed an
admission of liability, and that a default judgment may be entered ther-
eon.
1-a. Fines and penalties. Whenever a plea of not guilty has been
entered, or the bureau has been notified that an allegation of liability
in accordance with section eleven hundred eleven-d of this chapter or in
accordance with section eleven hundred eleven-e of this chapter or
section eleven hundred seventy-four-a of this chapter or in accordance
with section eleven hundred eleven-c of this chapter or an allegation of
liability in accordance with section eleven hundred eighty-b of this
chapter or an allegation of liability in accordance with section eleven
hundred eighty-d of this chapter, OR AN ALLEGATION OF LIABILITY IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER, is
being contested, by a person in a timely fashion and a hearing upon the
merits has been demanded, but has not yet been held, the bureau shall
not issue any notice of fine or penalty to that person prior to the date
of the hearing.
§ 5-d. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
fic law, as separately amended by sections 5-c of chapters 145 and 148
of the laws of 2019, are amended to read as follows:
1. Notice of hearing. Whenever a person charged with a parking
violation enters a plea of not guilty, or a person alleged to be liable
in accordance with section eleven hundred eleven-d of this chapter, or a
person alleged to be liable in accordance with section eleven hundred
eleven-e of this chapter, or a person alleged to be liable in accordance
with section eleven hundred seventy-four-a of this chapter, or a person
alleged to be liable in accordance with the provisions of section eleven
hundred eighty-b of this chapter for violations of subdivision (b), (c),
(d), (f) or (g) of section eleven hundred eighty of this chapter
contests such allegation, or a person alleged to be liable in accordance
with the provisions of section eleven hundred eighty-d of this chapter
for a violation of subdivision (b), (c), (d), (f) or (g) of section
eleven hundred eighty of this chapter contests such allegation, OR A
PERSON ALLEGED TO BE LIABLE IN ACCORDANCE WITH THE PROVISIONS OF SECTION
ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION
(B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER
CONTESTS SUCH ALLEGATION, the bureau shall advise such person personally
by such form of first class mail as the director may direct of the date
on which he or she must appear to answer the charge at a hearing. The
form and content of such notice of hearing shall be prescribed by the
director, and shall contain a warning to advise the person so pleading
that failure to appear on the date designated, or on any subsequent
adjourned date, shall be deemed an admission of liability, and that a
default judgment may be entered thereon.
1-a. Fines and penalties. Whenever a plea of not guilty has been
entered, or the bureau has been notified that an allegation of liability
in accordance with section eleven hundred eleven-d of this chapter, or
the bureau has been notified that an allegation of liability in accord-
ance with section eleven hundred eleven-e of this chapter, or the bureau
has been notified that an allegation of liability in accordance with
section eleven hundred seventy-four-a of this chapter, or the bureau has
been notified that an allegation of liability in accordance with section
eleven hundred eighty-b of this chapter, or an allegation of liability
in accordance with section eleven hundred eighty-d of this chapter, OR
AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
S. 4682--A 19
EIGHTY-E OF THIS CHAPTER is being contested, by a person in a timely
fashion and a hearing upon the merits has been demanded, but has not yet
been held, the bureau shall not issue any notice of fine or penalty to
that person prior to the date of the hearing.
§ 5-e. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
fic law, as separately amended by sections 5-d of chapters 145 and 148
of the laws of 2019, are amended to read as follows:
1. Notice of hearing. Whenever a person charged with a parking
violation enters a plea of not guilty, or a person alleged to be liable
in accordance with section eleven hundred eleven-d of this chapter
contests such allegation, or a person alleged to be liable in accordance
with section eleven hundred eleven-e of this chapter contests such alle-
gation, or a person alleged to be liable in accordance with the
provisions of section eleven hundred eighty-d of this chapter for a
violation of subdivision (b), (c), (d), (f) or (g) of section eleven
hundred eighty of this chapter contests such allegation, OR A PERSON
ALLEGED TO BE LIABLE IN ACCORDANCE WITH THE PROVISIONS OF SECTION ELEVEN
HUNDRED EIGHTY-E OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (B),
(D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER
CONTESTS SUCH ALLEGATION, or a person alleged to be liable in accordance
with section eleven hundred seventy-four-a of this chapter contests such
allegation, the bureau shall advise such person personally by such form
of first class mail as the director may direct of the date on which he
or she must appear to answer the charge at a hearing. The form and
content of such notice of hearing shall be prescribed by the director,
and shall contain a warning to advise the person so pleading that fail-
ure to appear on the date designated, or on any subsequent adjourned
date, shall be deemed an admission of liability, and that a default
judgment may be entered thereon.
1-a. Fines and penalties. Whenever a plea of not guilty has been
entered, or the bureau has been notified that an allegation of liability
in accordance with section eleven hundred eleven-d of this chapter, is
being contested, or the bureau has been notified that an allegation of
liability in accordance with section eleven hundred eleven-e of this
chapter, or an allegation of liability in accordance with section eleven
hundred eighty-d of this chapter, is being contested, OR THE BUREAU HAS
BEEN NOTIFIED THAT AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION
ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER IS BEING CONTESTED, or the
bureau has been notified that an allegation of liability in accordance
with section eleven hundred seventy-four-a of this chapter, is being
contested, by a person in a timely fashion and a hearing upon the merits
has been demanded, but has not yet been held, the bureau shall not issue
any notice of fine or penalty to that person prior to the date of the
hearing.
§ 5-f. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
fic law, as separately amended by sections 5-e of chapters 145 and 148
of the laws of 2019, are amended to read as follows:
1. Notice of hearing. Whenever a person charged with a parking
violation enters a plea of not guilty, or a person alleged to be liable
in accordance with section eleven hundred eleven-e of this chapter
contests such allegation, or a person alleged to be liable in accordance
with the provisions of section eleven hundred eighty-d of this chapter
for a violation of subdivision (b), (c), (d), (f) or (g) of section
eleven hundred eighty of this chapter contests such allegation, OR A
PERSON ALLEGED TO BE LIABLE IN ACCORDANCE WITH THE PROVISIONS OF SECTION
ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION
S. 4682--A 20
(B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER
CONTESTS SUCH ALLEGATION, or a person alleged to be liable in accordance
with section eleven hundred seventy-four-a of this chapter contests such
allegation, the bureau shall advise such person personally by such form
of first class mail as the director may direct of the date on which he
or she must appear to answer the charge at a hearing. The form and
content of such notice of hearing shall be prescribed by the director,
and shall contain a warning to advise the person so pleading that fail-
ure to appear on the date designated, or on any subsequent adjourned
date, shall be deemed an admission of liability, and that a default
judgment may be entered thereon.
1-a. Fines and penalties. Whenever a plea of not guilty has been
entered, or the bureau has been notified that an allegation of liability
in accordance with section eleven hundred eleven-e of this chapter, or
an allegation of liability in accordance with section eleven hundred
eighty-d of this chapter, is being contested, OR THE BUREAU HAS BEEN
NOTIFIED THAT AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION
ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER IS BEING CONTESTED, or the
bureau has been notified that an allegation of liability in accordance
with section eleven hundred seventy-four-a of this chapter, is being
contested, by a person in a timely fashion and a hearing upon the merits
has been demanded, but has not yet been held, the bureau shall not issue
any notice of fine or penalty to that person prior to the date of the
hearing.
§ 5-g. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
fic law, as separately amended by sections 5-f of chapters 145 and 148
of the laws of 2019, are amended to read as follows:
1. Notice of hearing. Whenever a person charged with a parking
violation enters a plea of not guilty, or a person alleged to be liable
in accordance with the provisions of section eleven hundred eighty-d of
this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of
section eleven hundred eighty of this chapter contests such allegation,
OR A PERSON ALLEGED TO BE LIABLE IN ACCORDANCE WITH THE PROVISIONS OF
SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER FOR A VIOLATION OF
SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF
THIS CHAPTER CONTESTS SUCH ALLEGATION, or a person alleged to be liable
in accordance with section eleven hundred seventy-four-a of this chapter
contests such allegation, the bureau shall advise such person personally
by such form of first class mail as the director may direct of the date
on which he or she must appear to answer the charge at a hearing. The
form and content of such notice of hearing shall be prescribed by the
director, and shall contain a warning to advise the person so pleading
that failure to appear on the date designated, or on any subsequent
adjourned date, shall be deemed an admission of liability, and that a
default judgment may be entered thereon.
1-a. Fines and penalties. Whenever a plea of not guilty has been
entered, or the bureau has been notified that an allegation of liability
in accordance with section eleven hundred seventy-four-a of this chap-
ter, is being contested, or the bureau has been notified that an allega-
tion of liability in accordance with section eleven hundred eighty-d of
this chapter is being contested, OR THE BUREAU HAS BEEN NOTIFIED THAT AN
ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT-
Y-E OF THIS CHAPTER IS BEING CONTESTED, by a person in a timely fashion
and a hearing upon the merits has been demanded, but has not yet been
held, the bureau shall not issue any notice of fine or penalty to that
person prior to the date of the hearing.
S. 4682--A 21
§ 5-h. Subdivision 1 of section 240 of the vehicle and traffic law, as
added by chapter 715 of the laws of 1972, is amended to read as follows:
1. Notice of hearing. Whenever a person charged with a parking
violation enters a plea of not guilty, OR A PERSON ALLEGED TO BE LIABLE
IN ACCORDANCE WITH THE PROVISIONS OF SECTION ELEVEN HUNDRED EIGHTY-E OF
THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER CONTESTS SUCH ALLEGATION,
the bureau shall advise such person personally by such form of first
class mail as the director may direct of the date on which he must
appear to answer the charge at a hearing. The form and content of such
notice of hearing shall be prescribed by the director, and shall contain
a warning to advise the person so pleading that failure to appear on the
date designated, or on any subsequent adjourned date, shall be deemed an
admission of liability, and that a default judgment may be entered ther-
eon.
§ 5-i. Subdivision 1-a of section 240 of the vehicle and traffic law,
as added by chapter 365 of the laws of 1978, is amended to read as
follows:
1-a. Fines and penalties. Whenever a plea of not guilty has been
entered, OR THE BUREAU HAS BEEN NOTIFIED THAT AN ALLEGATION OF LIABILITY
IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER IS
BEING CONTESTED by a person in a timely fashion and a hearing upon the
merits has been demanded, but has not yet been held, the bureau shall
not issue any notice of fine or penalty to that person prior to the date
of the hearing.
§ 6. Paragraphs a and g of subdivision 2 of section 240 of the vehicle
and traffic law, as separately amended by sections 6 of chapters 145 and
148 of the laws of 2019, are amended to read as follows:
a. Every hearing for the adjudication of a charge of parking violation
or an allegation of liability in accordance with section eleven hundred
eleven-a of this chapter or in accordance with sections eleven hundred
eleven-b of this chapter as added by sections sixteen of chapters twen-
ty, and twenty-two of the laws of two thousand nine or in accordance
with section eleven hundred eleven-d of this chapter or in accordance
with section eleven hundred eleven-e of this chapter or in accordance
with section eleven hundred seventy-four-a of this chapter or an allega-
tion of liability in accordance with section two thousand nine hundred
eighty-five of the public authorities law or sections sixteen-a,
sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
laws of nineteen hundred fifty or an allegation of liability in accord-
ance with section eleven hundred eleven-c of this chapter or an allega-
tion of liability in accordance with section eleven hundred eighty-b of
this chapter, or an allegation of liability in accordance with section
eleven hundred eighty-d of this chapter, OR AN ALLEGATION OF LIABILITY
IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER,
shall be held before a hearing examiner in accordance with rules and
regulations promulgated by the bureau.
g. A record shall be made of a hearing on a plea of not guilty or of a
hearing at which liability in accordance with section eleven hundred
eleven-a of this chapter or in accordance with sections eleven hundred
eleven-b of this chapter as added by sections sixteen of chapters twen-
ty, and twenty-two of the laws of two thousand nine or in accordance
with section eleven hundred eleven-d of this chapter is contested or in
accordance with section eleven hundred eleven-e of this chapter is
contested or in accordance with section eleven hundred seventy-four-a of
this chapter is contested or of a hearing at which liability in accord-
S. 4682--A 22
ance with section two thousand nine hundred eighty-five of the public
authorities law or sections sixteen-a, sixteen-b and sixteen-c of chap-
ter seven hundred seventy-four of the laws of nineteen hundred fifty is
contested or of a hearing at which liability in accordance with section
eleven hundred eleven-c of this chapter or of a hearing at which liabil-
ity in accordance with section eleven hundred eighty-b of this chapter
or of a hearing at which liability in accordance with section eleven
hundred eighty-d of this chapter OR OF A HEARING AT WHICH LIABILITY IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER is
contested. Recording devices may be used for the making of the record.
§ 6-a. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
cle and traffic law, as amended by section 6 of chapter 145 of the laws
of 2019, are amended to read as follows:
a. Every hearing for the adjudication of a charge of parking violation
or an allegation of liability in accordance with section eleven hundred
eleven-a of this chapter or in accordance with sections eleven hundred
eleven-b of this chapter as added by sections sixteen of chapters twen-
ty, and twenty-two of the laws of two thousand nine or in accordance
with section eleven hundred eleven-d of this chapter or in accordance
with section eleven hundred eleven-e of this chapter or in accordance
with section eleven hundred seventy-four-a of this chapter or an allega-
tion of liability in accordance with section two thousand nine hundred
eighty-five of the public authorities law or sections sixteen-a,
sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
laws of nineteen hundred fifty or an allegation of liability in accord-
ance with section eleven hundred eleven-c of this chapter or an allega-
tion of liability in accordance with section eleven hundred eighty-b of
this chapter OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION
ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER, shall be held before a hearing
examiner in accordance with rules and regulations promulgated by the
bureau.
g. A record shall be made of a hearing on a plea of not guilty or of a
hearing at which liability in accordance with section eleven hundred
eleven-a of this chapter or in accordance with sections eleven hundred
eleven-b of this chapter as added by sections sixteen of chapters twen-
ty, and twenty-two of the laws of two thousand nine or in accordance
with section eleven hundred eleven-d of this chapter is contested or in
accordance with section eleven hundred eleven-e of this chapter is
contested or in accordance with section eleven hundred seventy-four-a of
this chapter is contested or of a hearing at which liability in accord-
ance with section two thousand nine hundred eighty-five of the public
authorities law or sections sixteen-a, sixteen-b and sixteen-c of chap-
ter seven hundred seventy-four of the laws of nineteen hundred fifty is
contested or of a hearing at which liability in accordance with section
eleven hundred eleven-c of this chapter or OF a hearing at which liabil-
ity in accordance with section eleven hundred eighty-b of this chapter
OR OF A HEARING AT WHICH LIABILITY IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED EIGHTY-E OF THIS CHAPTER is contested. Recording devices may be
used for the making of the record.
§ 6-b. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
cle and traffic law, as separately amended by sections 6-a of chapters
145 and 148 of the laws of 2019, are amended to read as follows:
a. Every hearing for the adjudication of a charge of parking violation
or an allegation of liability in accordance with sections eleven hundred
eleven-b of this chapter, as added by sections sixteen of chapters twen-
ty, and twenty-two of the laws of two thousand nine or in accordance
S. 4682--A 23
with section eleven hundred eleven-d of this chapter or in accordance
with section eleven hundred eleven-e of this chapter or in accordance
with section eleven hundred seventy-four-a of this chapter or an allega-
tion of liability in accordance with section eleven hundred eleven-c of
this chapter or an allegation of liability in accordance with section
eleven hundred eighty-b of this chapter or an allegation of liability in
accordance with section eleven hundred eighty-d of this chapter OR AN
ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT-
Y-E OF THIS CHAPTER, shall be held before a hearing examiner in accord-
ance with rules and regulations promulgated by the bureau.
g. A record shall be made of a hearing on a plea of not guilty or of a
hearing at which liability in accordance with sections eleven hundred
eleven-b of this chapter, as added by sections sixteen of chapters twen-
ty, and twenty-two of the laws of two thousand nine or in accordance
with section eleven hundred eleven-d of this chapter or in accordance
with section eleven hundred eleven-e of this chapter or in accordance
with section eleven hundred seventy-four-a of this chapter or of a hear-
ing at which liability in accordance with section eleven hundred
eleven-c of this chapter or of a hearing at which liability in accord-
ance with section eleven hundred eighty-b of this chapter or of a hear-
ing at which liability in accordance with section eleven hundred eight-
y-d of this chapter OR OF A HEARING AT WHICH LIABILITY IN ACCORDANCE
WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER is contested.
Recording devices may be used for the making of the record.
§ 6-c. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
cle and traffic law, as separately amended by sections 6-b of chapters
145 and 148 of the laws of 2019, are amended to read as follows:
a. Every hearing for the adjudication of a charge of parking violation
or an allegation of liability in accordance with section eleven hundred
seventy-four-a of this chapter or an allegation of liability in accord-
ance with section eleven hundred eleven-e of this chapter or an allega-
tion of liability in accordance with section eleven hundred eleven-d of
this chapter or an allegation of liability in accordance with section
eleven hundred eleven-c of this chapter or an allegation of liability in
accordance with section eleven hundred eighty-b of this chapter or an
allegation of liability in accordance with section eleven hundred eight-
y-d of this chapter OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER shall be held before a
hearing examiner in accordance with rules and regulations promulgated by
the bureau.
g. A record shall be made of a hearing on a plea of not guilty or of a
hearing at which liability in accordance with section eleven hundred
seventy-four-a of this chapter or of a hearing at which liability in
accordance with section eleven hundred eleven-e of this chapter or of a
hearing at which liability in accordance with section eleven hundred
eleven-d of this chapter or of a hearing at which liability in accord-
ance with section eleven hundred eleven-c of this chapter or of a hear-
ing at which liability in accordance with section eleven hundred eight-
y-b of this chapter or of a hearing at which liability in accordance
with section eleven hundred eighty-d of this chapter OR OF A HEARING AT
WHICH LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF
THIS CHAPTER is contested. Recording devices may be used for the making
of the record.
§ 6-d. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
cle and traffic law, as separately amended by sections 6-c of chapters
145 and 148 of the laws of 2019, are amended to read as follows:
S. 4682--A 24
a. Every hearing for the adjudication of a charge of parking violation
or an allegation of liability in accordance with section eleven hundred
seventy-four-a of this chapter or an allegation of liability in accord-
ance with section eleven hundred eleven-e of this chapter or an allega-
tion of liability in accordance with section eleven hundred eleven-d of
this chapter or an allegation of liability in accordance with section
eleven hundred eighty-b of this chapter or an allegation of liability in
accordance with section eleven hundred eighty-d of this chapter OR AN
ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT-
Y-E OF THIS CHAPTER shall be held before a hearing examiner in accord-
ance with rules and regulations promulgated by the bureau.
g. A record shall be made of a hearing on a plea of not guilty or of a
hearing at which liability in accordance with section eleven hundred
seventy-four-a of this chapter or of a hearing at which liability in
accordance with section eleven hundred eleven-e of this chapter or of a
hearing at which liability in accordance with section eleven hundred
eleven-d of this chapter or of a hearing at which liability in accord-
ance with section eleven hundred eighty-b of this chapter or of a hear-
ing at which liability in accordance with section eleven hundred eight-
y-d of this chapter OR OF A HEARING AT WHICH LIABILITY IN ACCORDANCE
WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER is contested.
Recording devices may be used for the making of the record.
§ 6-e. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
cle and traffic law, as separately amended by section 6-d of chapters
145 and 148 of the laws of 2019, are amended to read as follows:
a. Every hearing for the adjudication of a charge of parking violation
or an allegation of liability in accordance with section eleven hundred
seventy-four-a of this chapter or an allegation of liability in accord-
ance with section eleven hundred eleven-e of this chapter or an allega-
tion of liability in accordance with section eleven hundred eleven-d of
this chapter or an allegation of liability in accordance with section
eleven hundred eighty-d of this chapter OR AN ALLEGATION OF LIABILITY IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER shall be
held before a hearing examiner in accordance with rules and regulations
promulgated by the bureau.
g. A record shall be made of a hearing on a plea of not guilty or a
hearing at which liability in accordance with section eleven hundred
eleven-d of this chapter is contested or of a hearing at which liability
in accordance with section eleven hundred seventy-four-a of this chapter
or a hearing at which liability in accordance with section eleven
hundred eleven-e of this chapter or a hearing at which liability in
accordance with section eleven hundred eighty-d of this chapter OR OF A
HEARING AT WHICH LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
EIGHTY-E OF THIS CHAPTER is contested. Recording devices may be used for
the making of the record.
§ 6-f. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
cle and traffic law, as separately amended by section 6-e of chapters
145 and 148 of the laws of 2019, are amended to read as follows:
a. Every hearing for the adjudication of a charge of parking violation
or an allegation of liability in accordance with section eleven hundred
eleven-e of this chapter or an allegation of liability in accordance
with section eleven hundred seventy-four-a of this chapter or an allega-
tion of liability in accordance with section eleven hundred eighty-d of
this chapter OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION
ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER shall be held before a hearing
S. 4682--A 25
examiner in accordance with rules and regulations promulgated by the
bureau.
g. A record shall be made of a hearing on a plea of not guilty or a
hearing at which liability in accordance with section eleven hundred
eleven-e of this chapter or a hearing at which liability in accordance
with section eleven hundred eighty-d of this chapter OR A HEARING AT
WHICH LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF
THIS CHAPTER is contested or a hearing at which liability in accordance
with section eleven hundred seventy-four-a of this chapter is contested.
Recording devices may be used for the making of the record.
§ 6-g. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
cle and traffic law, as separately amended by sections 6-f of chapters
145 and 148 of the laws of 2019, are amended to read as follows:
a. Every hearing for the adjudication of a charge of parking violation
or an allegation of liability in accordance with section eleven hundred
seventy-four-a of this chapter or an allegation of liability in accord-
ance with section eleven hundred eighty-d of this chapter OR AN ALLEGA-
TION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF
THIS CHAPTER shall be held before a hearing examiner in accordance with
rules and regulations promulgated by the bureau.
g. A record shall be made of a hearing on a plea of not guilty or a
hearing at which liability in accordance with section eleven hundred
seventy-four-a of this chapter is contested or a hearing at which
liability in accordance with section eleven hundred eighty-d of this
chapter IS CONTESTED OR A HEARING AT WHICH LIABILITY IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER IS CONTESTED. Recording
devices may be used for the making of the record.
§ 6-h. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
cle and traffic law, as added by chapter 715 of the laws of 1972, are
amended to read as follows:
a. Every hearing for the adjudication of a charge of parking violation
OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
EIGHTY-E OF THIS CHAPTER shall be held before a hearing examiner in
accordance with rules and regulations promulgated by the bureau.
g. A record shall be made of a hearing on a plea of not guilty OR OF A
HEARING AT WHICH LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
EIGHTY-E OF THIS CHAPTER IS CONTESTED. Recording devices may be used
for the making of the record.
§ 7. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
law, as separately amended by sections 7 of chapters 145 and 148 of the
laws of 2019, are amended to read as follows:
1. The hearing examiner shall make a determination on the charges,
either sustaining or dismissing them. Where the hearing examiner deter-
mines that the charges have been sustained he or she may examine either
the prior parking violations record or the record of liabilities
incurred in accordance with section eleven hundred eleven-a of this
chapter or in accordance with sections eleven hundred eleven-b of this
chapter [as added by sections sixteen of chapters twenty, and twenty-two
of the laws of two thousand nine] or in accordance with section eleven
hundred eleven-d of this chapter or in accordance with section eleven
hundred eleven-e of this chapter or in accordance with section eleven
hundred seventy-four-a of this chapter or the record of liabilities
incurred in accordance with section two thousand nine hundred eighty-
five of the public authorities law or sections sixteen-a, sixteen-b and
sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
hundred fifty of the person charged, or the record of liabilities
S. 4682--A 26
incurred in accordance with section eleven hundred eleven-c of this
chapter, or the record of liabilities incurred in accordance with
section eleven hundred eighty-b of this chapter, or in the record of
liabilities incurred in accordance with section eleven hundred eighty-d
of this chapter of the person charged, OR IN THE RECORD OF LIABILITIES
INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS
CHAPTER OF THE PERSON CHARGED, as applicable prior to rendering a final
determination. Final determinations sustaining or dismissing charges
shall be entered on a final determination roll maintained by the bureau
together with records showing payment and nonpayment of penalties.
2. Where an operator or owner fails to enter a plea to a charge of a
parking violation or contest an allegation of liability in accordance
with section eleven hundred eleven-a of this chapter or in accordance
with sections eleven hundred eleven-b of this chapter [as added by
sections sixteen of chapters twenty, and twenty-two of the laws of two
thousand nine] or in accordance with section eleven hundred eleven-d of
this chapter or in accordance with section eleven hundred eleven-e of
this chapter or in accordance with section eleven hundred seventy-four-a
of this chapter or fails to contest an allegation of liability in
accordance with section two thousand nine hundred eighty-five of the
public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
chapter seven hundred seventy-four of the laws of nineteen hundred
fifty, or fails to contest an allegation of liability in accordance with
section eleven hundred eleven-c of this chapter or fails to contest an
allegation of liability in accordance with section eleven hundred eight-
y-b of this chapter or fails to contest an allegation of liability in
accordance with section eleven hundred eighty-d of this chapter OR FAILS
TO CONTEST AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED EIGHTY-E OF THIS CHAPTER or fails to appear on a designated
hearing date or subsequent adjourned date or fails after a hearing to
comply with the determination of a hearing examiner, as prescribed by
this article or by rule or regulation of the bureau, such failure to
plead or contest, appear or comply shall be deemed, for all purposes, an
admission of liability and shall be grounds for rendering and entering a
default judgment in an amount provided by the rules and regulations of
the bureau. However, after the expiration of the original date
prescribed for entering a plea and before a default judgment may be
rendered, in such case the bureau shall pursuant to the applicable
provisions of law notify such operator or owner, by such form of first
class mail as the commission may direct; (1) of the violation charged,
or liability in accordance with section eleven hundred eleven-a of this
chapter or in accordance with sections eleven hundred eleven-b of this
chapter [as added by sections sixteen of chapters twenty, and twenty-two
of the laws of two thousand nine] or in accordance with section eleven
hundred eleven-d of this chapter or in accordance with section eleven
hundred eleven-e of this chapter or in accordance with section eleven
hundred seventy-four-a of this chapter alleged or liability in accord-
ance with section two thousand nine hundred eighty-five of the public
authorities law or sections sixteen-a, sixteen-b and sixteen-c of chap-
ter seven hundred seventy-four of the laws of nineteen hundred fifty
alleged or liability in accordance with section eleven hundred eleven-c
of this chapter or liability in accordance with section eleven hundred
eighty-b of this chapter alleged, or liability in accordance with
section eleven hundred eighty-d of this chapter alleged, OR LIABILITY IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER ALLEGED,
(2) of the impending default judgment, (3) that such judgment will be
S. 4682--A 27
entered in the Civil Court of the city in which the bureau has been
established, or other court of civil jurisdiction or any other place
provided for the entry of civil judgments within the state of New York,
and (4) that a default may be avoided by entering a plea or contesting
an allegation of liability in accordance with section eleven hundred
eleven-a of this chapter or in accordance with sections eleven hundred
eleven-b of this chapter as added by sections sixteen of chapters twen-
ty, and twenty-two of the laws of two thousand nine or in accordance
with section eleven hundred eleven-d of this chapter or in accordance
with section eleven hundred eleven-e of this chapter or in accordance
with section eleven hundred seventy-four-a of this chapter or contesting
an allegation of liability in accordance with section two thousand nine
hundred eighty-five of the public authorities law or sections sixteen-a,
sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
laws of nineteen hundred fifty or contesting an allegation of liability
in accordance with section eleven hundred eleven-c of this chapter or
contesting an allegation of liability in accordance with section eleven
hundred eighty-b of this chapter or contesting an allegation of liabil-
ity in accordance with section eleven hundred eighty-d of this chapter,
OR CONTESTING AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION
ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER, as appropriate, or making an
appearance within thirty days of the sending of such notice. Pleas
entered and allegations contested within that period shall be in the
manner prescribed in the notice and not subject to additional penalty or
fee. Such notice of impending default judgment shall not be required
prior to the rendering and entry thereof in the case of operators or
owners who are non-residents of the state of New York. In no case shall
a default judgment be rendered or, where required, a notice of impending
default judgment be sent, more than two years after the expiration of
the time prescribed for entering a plea or contesting an allegation.
When a person has demanded a hearing, no fine or penalty shall be
imposed for any reason, prior to the holding of the hearing. If the
hearing examiner shall make a determination on the charges, sustaining
them, he or she shall impose no greater penalty or fine than those upon
which the person was originally charged.
§ 7-a. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
law, as amended by section 7 of chapter 145 of the laws of 2019, are
amended to read as follows:
1. The hearing examiner shall make a determination on the charges,
either sustaining or dismissing them. Where the hearing examiner deter-
mines that the charges have been sustained he or she may examine either
the prior parking violations record or the record of liabilities
incurred in accordance with section eleven hundred eleven-a of this
chapter or in accordance with sections eleven hundred eleven-b of this
chapter [as added by sections sixteen of chapters twenty, and twenty-two
of the laws of two thousand nine] or in accordance with section eleven
hundred eleven-d of this chapter or in accordance with section eleven
hundred eleven-e of this chapter or in accordance with section eleven
hundred seventy-four-a of this chapter or the record of liabilities
incurred in accordance with section two thousand nine hundred eighty-
five of the public authorities law or sections sixteen-a, sixteen-b and
sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
hundred fifty of the person charged, or the record of liabilities
incurred in accordance with section eleven hundred eleven-c of this
chapter, or the record of liabilities incurred in accordance with
section eleven hundred eighty-b of this chapter, OR THE RECORD OF
S. 4682--A 28
LIABILITIES INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E
OF THIS CHAPTER OF THE PERSON CHARGED, as applicable prior to rendering
a final determination. Final determinations sustaining or dismissing
charges shall be entered on a final determination roll maintained by the
bureau together with records showing payment and nonpayment of penal-
ties.
2. Where an operator or owner fails to enter a plea to a charge of a
parking violation or contest an allegation of liability in accordance
with section eleven hundred eleven-a of this chapter or in accordance
with sections eleven hundred eleven-b of this chapter [as added by
sections sixteen of chapters twenty, and twenty-two of the laws of two
thousand nine] or in accordance with section eleven hundred eleven-d of
this chapter or in accordance with section eleven hundred eleven-e of
this chapter or in accordance with section eleven hundred seventy-four-a
of this chapter or fails to contest an allegation of liability in
accordance with section two thousand nine hundred eighty-five of the
public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
chapter seven hundred seventy-four of the laws of nineteen hundred
fifty, or fails to contest an allegation of liability in accordance with
section eleven hundred eleven-c of this chapter or fails to contest an
allegation of liability in accordance with section eleven hundred eight-
y-b of this chapter, OR FAILS TO CONTEST AN ALLEGATION OF LIABILITY
INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS
CHAPTER, or fails to appear on a designated hearing date or subsequent
adjourned date or fails after a hearing to comply with the determination
of a hearing examiner, as prescribed by this article or by rule or regu-
lation of the bureau, such failure to plead [or], contest, appear or
comply shall be deemed, for all purposes, an admission of liability and
shall be grounds for rendering and entering a default judgment in an
amount provided by the rules and regulations of the bureau. However,
after the expiration of the original date prescribed for entering a plea
and before a default judgment may be rendered, in such case the bureau
shall pursuant to the applicable provisions of law notify such operator
or owner, by such form of first class mail as the commission may direct;
(1) of the violation charged, or liability in accordance with section
eleven hundred eleven-a of this chapter or in accordance with sections
eleven hundred eleven-b of this chapter [as added by sections sixteen of
chapters twenty, and twenty-two of the laws of two thousand nine] or in
accordance with section eleven hundred eleven-d of this chapter or in
accordance with section eleven hundred eleven-e of this chapter or in
accordance with section eleven hundred seventy-four-a of this chapter
alleged or liability in accordance with section two thousand nine
hundred eighty-five of the public authorities law or sections sixteen-a,
sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
laws of nineteen hundred fifty alleged or liability in accordance with
section eleven hundred eleven-c of this chapter or liability in accord-
ance with section eleven hundred eighty-b of this chapter alleged, OR
LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS
CHAPTER ALLEGED, (2) of the impending default judgment, (3) that such
judgment will be entered in the Civil Court of the city in which the
bureau has been established, or other court of civil jurisdiction or any
other place provided for the entry of civil judgments within the state
of New York, and (4) that a default may be avoided by entering a plea or
contesting an allegation of liability in accordance with section eleven
hundred eleven-a of this chapter or in accordance with sections eleven
hundred eleven-b of this chapter [as added by sections sixteen of chap-
S. 4682--A 29
ters twenty, and twenty-two of the laws of two thousand nine] or in
accordance with section eleven hundred eleven-d of this chapter or in
accordance with section eleven hundred eleven-e of this chapter or in
accordance with section eleven hundred seventy-four-a of this chapter or
contesting an allegation of liability in accordance with section two
thousand nine hundred eighty-five of the public authorities law or
sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred
seventy-four of the laws of nineteen hundred fifty or contesting an
allegation of liability in accordance with section eleven hundred
eleven-c of this chapter or contesting an allegation of liability in
accordance with section eleven hundred eighty-b of this chapter, OR
CONTESTING AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED EIGHTY-E OF THIS CHAPTER, as appropriate, or making an appear-
ance within thirty days of the sending of such notice. Pleas entered and
allegations contested within that period shall be in the manner
prescribed in the notice and not subject to additional penalty or fee.
Such notice of impending default judgment shall not be required prior to
the rendering and entry thereof in the case of operators or owners who
are non-residents of the state of New York. In no case shall a default
judgment be rendered or, where required, a notice of impending default
judgment be sent, more than two years after the expiration of the time
prescribed for entering a plea or contesting an allegation. When a
person has demanded a hearing, no fine or penalty shall be imposed for
any reason, prior to the holding of the hearing. If the hearing examiner
shall make a determination on the charges, sustaining them, he or she
shall impose no greater penalty or fine than those upon which the person
was originally charged.
§ 7-b. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
law, as separately amended by sections 7-a of chapters 145 and 148 of
the laws of 2019, are amended to read as follows:
1. The hearing examiner shall make a determination on the charges,
either sustaining or dismissing them. Where the hearing examiner deter-
mines that the charges have been sustained he or she may examine either
the prior parking violations record or the record of liabilities
incurred in accordance with sections eleven hundred eleven-b of this
chapter [as added by sections sixteen of chapters twenty, and twenty-two
of the laws of two thousand nine] or in accordance with section eleven
hundred eleven-d of this chapter or in accordance with section eleven
hundred eleven-e of this chapter or in accordance with section eleven
hundred seventy-four-a of this chapter of the person charged, or the
record of liabilities incurred in accordance with section eleven hundred
eleven-c of this chapter, or the record of liabilities incurred in
accordance with section eleven hundred eighty-b of this chapter, or the
record of liabilities incurred in accordance with section eleven hundred
eighty-d of this chapter of the person charged, OR THE RECORD OF LIABIL-
ITIES INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF
THIS CHAPTER OF THE PERSON CHARGED, as applicable prior to rendering a
final determination. Final determinations sustaining or dismissing
charges shall be entered on a final determination roll maintained by the
bureau together with records showing payment and nonpayment of penal-
ties.
2. Where an operator or owner fails to enter a plea to a charge of a
parking violation or contest an allegation of liability in accordance
with sections eleven hundred eleven-b of this chapter [as added by
sections sixteen of chapters twenty, and twenty-two of the laws of two
thousand nine] or in accordance with section eleven hundred eleven-d of
S. 4682--A 30
this chapter, or in accordance with section eleven hundred eleven-e of
this chapter, or in accordance with section eleven hundred
seventy-four-a of this chapter, or fails to contest an allegation of
liability in accordance with section eleven hundred eleven-c of this
chapter, or fails to contest an allegation of liability incurred in
accordance with section eleven hundred eighty-b of this chapter, or
fails to contest an allegation of liability incurred in accordance with
section eleven hundred eighty-d of this chapter, OR FAILS TO CONTEST AN
ALLEGATION OF LIABILITY INCURRED IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED EIGHTY-E OF THIS CHAPTER, or fails to appear on a designated
hearing date or subsequent adjourned date or fails after a hearing to
comply with the determination of a hearing examiner, as prescribed by
this article or by rule or regulation of the bureau, such failure to
plead, contest, appear or comply shall be deemed, for all purposes, an
admission of liability and shall be grounds for rendering and entering a
default judgment in an amount provided by the rules and regulations of
the bureau. However, after the expiration of the original date
prescribed for entering a plea and before a default judgment may be
rendered, in such case the bureau shall pursuant to the applicable
provisions of law notify such operator or owner, by such form of first
class mail as the commission may direct; (1) of the violation charged,
or liability in accordance with sections eleven hundred eleven-b of this
chapter, [as added by sections sixteen of chapters twenty, and twenty-
two of the laws of two thousand nine] or in accordance with section
eleven hundred eleven-d of this chapter, or in accordance with section
eleven hundred eleven-e of this chapter, or in accordance with section
eleven hundred seventy-four-a of this chapter, or liability in accord-
ance with section eleven hundred eleven-c of this chapter or liability
in accordance with section eleven hundred eighty-b of this chapter
alleged, or liability in accordance with section eleven hundred eighty-d
of this chapter alleged, OR ALLEGED LIABILITY IN ACCORDANCE WITH SECTION
ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER, (2) of the impending default
judgment, (3) that such judgment will be entered in the Civil Court of
the city in which the bureau has been established, or other court of
civil jurisdiction or any other place provided for the entry of civil
judgments within the state of New York, and (4) that a default may be
avoided by entering a plea or contesting an allegation of liability in
accordance with sections eleven hundred eleven-b of this chapter [as
added by sections sixteen of chapters twenty, and twenty-two of the laws
of two thousand nine] or in accordance with section eleven hundred
eleven-d of this chapter or in accordance with section eleven hundred
eleven-e of this chapter, or in accordance with section eleven hundred
seventy-four-a of this chapter, or contesting an allegation of liability
in accordance with section eleven hundred eleven-c of this chapter or
contesting an allegation of liability in accordance with section eleven
hundred eighty-b of this chapter or contesting an allegation of liabil-
ity in accordance with section eleven hundred eighty-d of this chapter,
OR CONTESTING AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION
ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER, as appropriate, or making an
appearance within thirty days of the sending of such notice. Pleas
entered and allegations contested within that period shall be in the
manner prescribed in the notice and not subject to additional penalty or
fee. Such notice of impending default judgment shall not be required
prior to the rendering and entry thereof in the case of operators or
owners who are non-residents of the state of New York. In no case shall
a default judgment be rendered or, where required, a notice of impending
S. 4682--A 31
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-c. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
law, as separately amended by sections 7-b of chapters 145 and 148 of
the laws of 2019, are amended to read as follows:
1. The hearing examiner shall make a determination on the charges,
either sustaining or dismissing them. Where the hearing examiner deter-
mines that the charges have been sustained he or she may examine the
prior parking violations record or the record of liabilities incurred in
accordance with section eleven hundred eleven-e of this chapter of the
person charged, or the record of liabilities incurred in accordance with
section eleven hundred seventy-four-a of this chapter of the person
charged, or the record of liabilities incurred in accordance with
section eleven hundred eleven-d of this chapter of the person charged,
or the record of liabilities incurred in accordance with section eleven
hundred eleven-c of this chapter, or the record of liabilities incurred
in accordance with section eleven hundred eighty-b of this chapter, or
the record of liabilities incurred in accordance with section eleven
hundred eighty-d of this chapter of the person charged, OR THE RECORD OF
LIABILITIES INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E
OF THIS CHAPTER OF THE PERSON CHARGED, as applicable, prior to rendering
a final determination. Final determinations sustaining or dismissing
charges shall be entered on a final determination roll maintained by the
bureau together with records showing payment and nonpayment of penal-
ties.
2. Where an operator or owner fails to enter a plea to a charge of a
parking violation or contest an allegation of liability in accordance
with section eleven hundred seventy-four-a of this chapter, or contest
an allegation of liability in accordance with section eleven hundred
eleven-e of this chapter, or contest an allegation of liability in
accordance with section eleven hundred eleven-d of this chapter, or
fails to contest an allegation of liability in accordance with section
eleven hundred eleven-c of this chapter, or fails to contest an allega-
tion of liability incurred in accordance with section eleven hundred
eighty-b of this chapter, or fails to contest an allegation of liability
incurred in accordance with section eleven hundred eighty-d of this
chapter, OR FAILS TO CONTEST AN ALLEGATION OF LIABILITY INCURRED IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER, or
fails to appear on a designated hearing date or subsequent adjourned
date or fails after a hearing to comply with the determination of a
hearing examiner, as prescribed by this article or by rule or regulation
of the bureau, such failure to plead, appear or comply shall be deemed,
for all purposes, an admission of liability and shall be grounds for
rendering and entering a default judgment in an amount provided by the
rules and regulations of the bureau. However, after the expiration of
the original date prescribed for entering a plea and before a default
judgment may be rendered, in such case the bureau shall pursuant to the
applicable provisions of law notify such operator or owner, by such form
of first class mail as the commission may direct; (1) of the violation
charged, or liability in accordance with section eleven hundred seven-
ty-four-a of this chapter, or liability in accordance with section elev-
S. 4682--A 32
en hundred eleven-e of this chapter, or liability in accordance with
section eleven hundred eleven-d of this chapter, or alleged liability in
accordance with section eleven hundred eleven-c of this chapter or
alleged liability in accordance with section eleven hundred eighty-b of
this chapter, or alleged liability in accordance with section eleven
hundred eighty-d of this chapter, OR LIABILITY IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER ALLEGED, (2) of the
impending default judgment, (3) that such judgment will be entered in
the Civil Court of the city in which the bureau has been established, or
other court of civil jurisdiction or any other place provided for the
entry of civil judgments within the state of New York, and (4) that a
default may be avoided by entering a plea or contesting an allegation of
liability in accordance with section eleven hundred seventy-four-a of
this chapter or contesting an allegation of liability in accordance with
section eleven hundred eleven-e of this chapter or contesting an allega-
tion of liability in accordance with section eleven hundred eleven-d of
this chapter or contesting an allegation of liability in accordance with
section eleven hundred eleven-c of this chapter or contesting an allega-
tion of liability in accordance with section eleven hundred eighty-b of
this chapter or contesting an allegation of liability in accordance with
section eleven hundred eighty-d of this chapter OR CONTESTING AN ALLEGA-
TION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E 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-residents of the state of New
York. In no case shall a default judgment be rendered or, where
required, a notice of impending default judgment be sent, more than two
years after the expiration of the time prescribed for entering a plea OR
CONTESTING AN ALLEGATION. When a person has demanded a hearing, no fine
or penalty shall be imposed for any reason, prior to the holding of the
hearing. If the hearing examiner shall make a determination on the
charges, sustaining them, he or she shall impose no greater penalty or
fine than those upon which the person was originally charged.
§ 7-d. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
law, as separately amended by sections 7-c of chapters 145 and 148 of
the laws of 2019, are amended to read as follows:
1. The hearing examiner shall make a determination on the charges,
either sustaining or dismissing them. Where the hearing examiner deter-
mines that the charges have been sustained he or she may examine either
the prior parking violations record or the record of liabilities
incurred in accordance with section eleven hundred eleven-d of this
chapter of the person charged, or the record of liabilities incurred in
accordance with section eleven hundred seventy-four-a of this chapter of
the person charged, or the record of liabilities incurred in accordance
with section eleven hundred eleven-e of this chapter of the person
charged or the record of liabilities incurred in accordance with section
eleven hundred eighty-b of this chapter, or the record of liabilities
incurred in accordance with section eleven hundred eighty-d of this
chapter of the person charged, OR THE RECORD OF LIABILITIES INCURRED IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER OF THE
PERSON CHARGED, as applicable, prior to rendering a final determination.
Final determinations sustaining or dismissing charges shall be entered
S. 4682--A 33
on a final determination roll maintained by the bureau together with
records showing payment and nonpayment of penalties.
2. Where an operator or owner fails to enter a plea to a charge of a
parking violation or contest an allegation of liability in accordance
with section eleven hundred seventy-four-a of this chapter, or contest
an allegation of liability in accordance with section eleven hundred
eleven-e of this chapter or contest an allegation of liability in
accordance with section eleven hundred eleven-d of this chapter or fails
to contest an allegation of liability incurred in accordance with
section eleven hundred eighty-b of this chapter or fails to contest an
allegation of liability incurred in accordance with section eleven
hundred eighty-d of this chapter OR FAILS TO CONTEST AN ALLEGATION OF
LIABILITY INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF
THIS CHAPTER or fails to appear on a designated hearing date or subse-
quent adjourned date or fails after a hearing to comply with the deter-
mination of a hearing examiner, as prescribed by this article or by rule
or regulation of the bureau, such failure to plead, CONTEST, appear or
comply shall be deemed, for all purposes, an admission of liability and
shall be grounds for rendering and entering a default judgment in an
amount provided by the rules and regulations of the bureau. However,
after the expiration of the original date prescribed for entering a plea
and before a default judgment may be rendered, in such case the bureau
shall pursuant to the applicable provisions of law notify such operator
or owner, by such form of first class mail as the commission may direct;
(1) of the violation charged or liability in accordance with section
eleven hundred seventy-four-a of this chapter or liability in accordance
with section eleven hundred eleven-e of this chapter or liability in
accordance with section eleven hundred eleven-d of this chapter or
liability in accordance with section eleven hundred eighty-b of this
chapter alleged, or liability in accordance with section eleven hundred
eighty-d of this chapter alleged, OR LIABILITY IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER ALLEGED, (2) of the
impending default judgment, (3) that such judgment will be entered in
the Civil Court of the city in which the bureau has been established, or
other court of civil jurisdiction or any other place provided for the
entry of civil judgments within the state of New York, and (4) that a
default may be avoided by entering a plea or contesting an allegation of
liability in accordance with section eleven hundred seventy-four-a of
this chapter or contesting an allegation of liability in accordance with
section eleven hundred eleven-e of this chapter or contesting an allega-
tion of liability in accordance with section eleven hundred eleven-d of
this chapter or contesting an allegation of liability in accordance with
section eleven hundred eighty-b of this chapter or contesting an allega-
tion of liability in accordance with section eleven hundred eighty-d of
this chapter OR CONTESTING AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED EIGHTY-E 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-residents of the state of New York. In no case shall a default
judgment be rendered or, where required, a notice of impending default
judgment be sent, more than two years after the expiration of the time
prescribed for entering a plea OR CONTESTING AN ALLEGATION. When a
person has demanded a hearing, no fine or penalty shall be imposed for
S. 4682--A 34
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-e. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
law, as separately amended by sections 7-d of chapters 145 and 148 of
the laws of 2019, are amended to read as follows:
1. The hearing examiner shall make a determination on the charges,
either sustaining or dismissing them. Where the hearing examiner deter-
mines that the charges have been sustained he or she may examine either
the prior parking violations record or the record of liabilities
incurred in accordance with section eleven hundred seventy-four-a of
this chapter of the person charged or the record of liabilities incurred
in accordance with section eleven hundred eleven-e of this chapter of
the person charged or the record of liabilities incurred in accordance
with section eleven hundred eleven-d of this chapter of the person
charged or the record of liabilities incurred in accordance with section
eleven hundred eighty-d of this chapter of the person charged, OR THE
RECORD OF LIABILITIES INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
EIGHTY-E OF THIS CHAPTER OF THE PERSON CHARGED, as applicable, prior to
rendering a final determination. Final determinations sustaining or
dismissing charges shall be entered on a final determination roll main-
tained by the bureau together with records showing payment and nonpay-
ment of penalties.
2. Where an operator or owner fails to enter a plea to a charge of a
parking violation or contest an allegation of liability in accordance
with section eleven hundred seventy-four-a of this chapter, or contest
an allegation of liability in accordance with section eleven hundred
eleven-e of this chapter or contest an allegation of liability in
accordance with section eleven hundred eleven-d of this chapter or
contest an allegation of liability incurred in accordance with section
eleven hundred eighty-d of this chapter OR CONTEST AN ALLEGATION OF
LIABILITY INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF
THIS CHAPTER or fails to appear on a designated hearing date or subse-
quent adjourned date or fails after a hearing to comply with the deter-
mination of a hearing examiner, as prescribed by this article or by rule
or regulation of the bureau, such failure to plead, CONTEST, appear or
comply shall be deemed, for all purposes, an admission of liability and
shall be grounds for rendering and entering a default judgment in an
amount provided by the rules and regulations of the bureau. However,
after the expiration of the original date prescribed for entering a plea
and before a default judgment may be rendered, in such case the bureau
shall pursuant to the applicable provisions of law notify such operator
or owner, by such form of first class mail as the commission may direct;
(1) of the violation charged or liability in accordance with section
eleven hundred seventy-four-a of this chapter or liability in accordance
with section eleven hundred eleven-e of this chapter alleged or liabil-
ity in accordance with section eleven hundred eleven-d of this chapter
alleged or liability in accordance with section eleven hundred eighty-d
of this chapter alleged OR LIABILITY IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED EIGHTY-E OF THIS CHAPTER ALLEGED, (2) of the impending default
judgment, (3) that such judgment will be entered in the Civil Court of
the city in which the bureau has been established, or other court of
civil jurisdiction or any other place provided for the entry of civil
judgments within the state of New York, and (4) that a default may be
avoided by entering a plea or contesting an allegation of liability in
S. 4682--A 35
accordance with section eleven hundred seventy-four-a of this chapter or
contesting an allegation of liability in accordance with section eleven
hundred eleven-e of this chapter or contesting an allegation of liabil-
ity in accordance with section eleven hundred eleven-d of this chapter
or contesting an allegation of liability in accordance with section
eleven hundred eighty-d of this chapter OR CONTESTING AN ALLEGATION OF
LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E 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 addi-
tional penalty or fee. Such notice of impending default judgment shall
not be required prior to the rendering and entry thereof in the case of
operators or owners who are non-residents of the state of New York. In
no case shall a default judgment be rendered or, where required, a
notice of impending default judgment be sent, more than two years after
the expiration of the time prescribed for entering a plea 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, sustain-
ing them, he OR SHE shall impose no greater penalty or fine than those
upon which the person was originally charged.
§ 7-f. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
law, as separately amended by sections 7-e of chapters 145 and 148 of
the laws of 2019, are amended to read as follows:
1. The hearing examiner shall make a determination on the charges,
either sustaining or dismissing them. Where the hearing examiner deter-
mines that the charges have been sustained he or she may examine the
prior parking violations record or the record of liabilities incurred in
accordance with section eleven hundred eleven-e of this chapter of the
person charged or the record of liabilities incurred in accordance with
section eleven hundred eighty-d of this chapter OR THE RECORD OF LIABIL-
ITIES INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF
THIS CHAPTER of the person charged, as applicable, prior to rendering a
final determination or the record of liabilities incurred in accordance
with section eleven hundred seventy-four-a of this chapter of the person
charged, as applicable, prior to rendering a final determination. Final
determinations sustaining or dismissing charges shall be entered on a
final determination roll maintained by the bureau together with records
showing payment and nonpayment of penalties.
2. Where an operator or owner fails to enter a plea to a charge of a
parking violation or contest an allegation of liability in accordance
with section eleven hundred seventy-four-a of this chapter, or contest
an allegation of liability in accordance with section eleven hundred
eleven-e of this chapter or contest an allegation of liability incurred
in accordance with section eleven hundred eighty-d of this chapter OR
CONTEST AN ALLEGATION OF LIABILITY INCURRED IN ACCORDANCE WITH SECTION
ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER or fails to appear on a desig-
nated hearing date or subsequent adjourned date or fails after a hearing
to comply with the determination of a hearing examiner, as prescribed by
this article or by rule or regulation of the bureau, such failure to
plead, CONTEST, appear or comply shall be deemed, for all purposes, an
admission of liability and shall be grounds for rendering and entering a
default judgment in an amount provided by the rules and regulations of
the bureau. However, after the expiration of the original date
prescribed for entering a plea and before a default judgment may be
rendered, in such case the bureau shall pursuant to the applicable
S. 4682--A 36
provisions of law notify such operator or owner, by such form of first
class mail as the commission may direct; (1) of the violation charged or
liability in accordance with section eleven hundred eleven-e of this
chapter alleged or liability in accordance with section eleven hundred
seventy-four-a of this chapter or liability in accordance with section
eleven hundred eighty-d of this chapter alleged OR LIABILITY IN ACCORD-
ANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER ALLEGED, (2)
of the impending default judgment, (3) that such judgment will be
entered in the Civil Court of the city in which the bureau has been
established, or other court of civil jurisdiction or any other place
provided for the entry of civil judgments within the state of New York,
and (4) that a default may be avoided by entering a plea or contesting
an allegation of liability in accordance with section eleven hundred
eleven-e of this chapter or contesting an allegation of liability in
accordance with section eleven hundred seventy-four-a of this chapter or
contesting an allegation of liability in accordance with section eleven
hundred eighty-d of this chapter OR CONTESTING AN ALLEGATION OF LIABIL-
ITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E 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 addi-
tional penalty or fee. Such notice of impending default judgment shall
not be required prior to the rendering and entry thereof in the case of
operators or owners who are non-residents of the state of New York. In
no case shall a default judgment be rendered or, where required, a
notice of impending default judgment be sent, more than two years after
the expiration of the time prescribed for entering a plea 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, sustain-
ing them, he OR SHE shall impose no greater penalty or fine than those
upon which the person was originally charged.
§ 7-g. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
law, as separately amended by sections 7-f of chapters 145 and 148 of
the laws of 2019, are amended to read as follows:
1. The hearing examiner shall make a determination on the charges,
either sustaining or dismissing them. Where the hearing examiner deter-
mines that the charges have been sustained he or she may examine the
prior parking violations record or the record of liabilities incurred in
accordance with section eleven hundred seventy-four-a of this chapter or
the record of liabilities incurred in accordance with section eleven
hundred eighty-d of this chapter OR THE RECORD OF LIABILITIES INCURRED
IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E 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 section eleven hundred seventy-four-a of this chapter, or contest
an allegation of liability incurred in accordance with section eleven
hundred eighty-d of this chapter OR CONTEST AN ALLEGATION OF LIABILITY
INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS
CHAPTER or fails to appear on a designated hearing date or subsequent
adjourned date or fails after a hearing to comply with the determination
of a hearing examiner, as prescribed by this article or by rule or regu-
S. 4682--A 37
lation of the bureau, such failure to plead, CONTEST, appear or comply
shall be deemed, for all purposes, an admission of liability and shall
be grounds for rendering and entering a default judgment in an amount
provided by the rules and regulations of the bureau. However, after the
expiration of the original date prescribed for entering a plea and
before a default judgment may be rendered, in such case the bureau shall
pursuant to the applicable provisions of law notify such operator or
owner, by such form of first class mail as the commission may direct;
(1) of the violation charged or liability in accordance with section
eleven hundred eighty-d of this chapter alleged OR LIABILITY IN ACCORD-
ANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER ALLEGED, (2)
of the impending default judgment, (3) that such judgment will be
entered in the Civil Court of the city in which the bureau has been
established, or other court of civil jurisdiction or any other place
provided for the entry of civil judgments within the state of New York,
and (4) that a default may be avoided by entering a plea or contesting
an allegation of liability in accordance with section eleven hundred
eighty-d of this chapter OR CONTESTING AN ALLEGATION OF LIABILITY IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E 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 penal-
ty or fee. Such notice of impending default judgment shall not be
required prior to the rendering and entry thereof in the case of opera-
tors or owners who are non-residents of the state of New York. In no
case shall a default judgment be rendered or, where required, a notice
of impending default judgment be sent, more than two years after the
expiration of the time prescribed for entering a plea OR CONTESTING AN
ALLEGATION. When a person has demanded a hearing, no fine or penalty
shall be imposed for any reason, prior to the holding of the hearing. If
the hearing examiner shall make a determination on the charges, sustain-
ing them, he OR SHE shall impose no greater penalty or fine than those
upon which the person was originally charged.
§ 7-h. Subdivision 1 of section 241 of the vehicle and traffic law, as
added by chapter 715 of the laws of 1972, is amended to read as follows:
1. The hearing examiner shall make a determination on the charges,
either sustaining or dismissing them. Where the hearing examiner deter-
mines that the charges have been sustained he OR SHE may examine EITHER
the prior parking violations record OR THE RECORD OF LIABILITIES
INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS
CHAPTER of the person charged, AS APPLICABLE, prior to rendering a final
determination. Final determinations sustaining or dismissing charges
shall be entered on a final determination roll maintained by the bureau
together with records showing payment and nonpayment of penalties.
§ 7-i. Subdivision 2 of section 241 of the vehicle and traffic law, as
amended by chapter 365 of the laws of 1978, is amended to read as
follows:
2. Where an operator or owner fails to enter a plea to a charge of a
parking violation OR CONTEST AN ALLEGATION OF LIABILITY INCURRED IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER or fails
to appear on a designated hearing date or subsequent adjourned date or
fails after a hearing to comply with the determination of a hearing
examiner, as prescribed by this article or by rule or regulation of the
bureau, such failure to plead, CONTEST, appear or comply shall be
deemed, for all purposes, an admission of liability and shall be grounds
for rendering and entering a default judgment in an amount provided by
S. 4682--A 38
the rules and regulations of the bureau. However, after the expiration
of the original date prescribed for entering a plea OR CONTESTING AN
ALLEGATION 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 commis-
sion may direct; (1) of the violation charged, OR LIABILITY IN ACCORD-
ANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER ALLEGED, (2)
of the impending default judgment, (3) that such judgment will be
entered in the Civil Court of the city in which the bureau has been
established, or other court of civil jurisdiction or any other place
provided for the entry of civil judgments within the state of New York,
and (4) that a default may be avoided by entering a plea OR CONTESTING
AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
EIGHTY-E 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-residents of the
state of New York. In no case shall a default judgment be rendered or,
where required, a notice of impending default judgment be sent, more
than two years after the expiration of the time prescribed for entering
a plea OR CONTESTING AN ALLEGATION. When a person has demanded a hear-
ing, no fine or penalty shall be imposed for any reason, prior to the
holding of the hearing. If the hearing examiner shall make a determi-
nation on the charges, sustaining them, he OR SHE shall impose no great-
er penalty or fine than those upon which the person was originally
charged.
§ 8. The vehicle and traffic law is amended by adding a new section
1180-e to read as follows:
§ 1180-E. OWNER LIABILITY FOR FAILURE OF OPERATOR TO COMPLY WITH
CERTAIN POSTED MAXIMUM SPEED LIMITS. (A) 1. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, THE COMMISSIONER OF TRANSPORTATION IS HEREBY AUTHOR-
IZED TO ESTABLISH A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON
THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH
POSTED MAXIMUM SPEED LIMITS IN A HIGHWAY CONSTRUCTION OR MAINTENANCE
WORK AREA WHEN HIGHWAY CONSTRUCTION OR MAINTENANCE WORK IS OCCURRING AND
LOCATED ON AN INTERSTATE OR AUXILIARY INTERSTATE HIGHWAY UNDER THE
COMMISSIONER'S JURISDICTION (I) WHEN A WORK AREA SPEED LIMIT IS IN
EFFECT AS PROVIDED IN PARAGRAPH TWO OF SUBDIVISION (D) OR SUBDIVISION
(F) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE OR (II) WHEN OTHER
SPEED LIMITS ARE IN EFFECT AS PROVIDED IN SUBDIVISION (B) OR (G) OR
PARAGRAPH ONE OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED EIGHTY OF
THIS ARTICLE. SUCH DEMONSTRATION PROGRAM SHALL EMPOWER THE COMMISSIONER
TO INSTALL PHOTO SPEED VIOLATION MONITORING SYSTEMS WITHIN NO MORE THAN
FIFTEEN HIGHWAY CONSTRUCTION OR MAINTENANCE WORK AREAS LOCATED ON INTER-
STATE OR AUXILIARY INTERSTATE HIGHWAYS UNDER THE COMMISSIONER'S JURIS-
DICTION AND TO OPERATE SUCH SYSTEMS WHEN HIGHWAY CONSTRUCTION OR MAINTE-
NANCE WORK IS OCCURRING AND WITHIN SUCH WORK AREAS (III) WHEN A WORK
AREA SPEED LIMIT IS IN EFFECT AS PROVIDED IN PARAGRAPH TWO OF SUBDIVI-
SION (D) OR SUBDIVISION (F) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS
ARTICLE OR (IV) WHEN OTHER SPEED LIMITS ARE IN EFFECT AS PROVIDED IN
SUBDIVISION (B) OR (G) OR PARAGRAPH ONE OF SUBDIVISION (D) OF SECTION
ELEVEN HUNDRED EIGHTY OF THIS ARTICLE. THE COMMISSIONER, IN CONSULTA-
TION WITH THE SUPERINTENDENT OF THE DIVISION OF STATE POLICE, SHALL
DETERMINE THE LOCATION OF THE HIGHWAY CONSTRUCTION OR MAINTENANCE WORK
S. 4682--A 39
AREAS LOCATED ON AN INTERSTATE OR AUXILIARY INTERSTATE HIGHWAY UNDER THE
JURISDICTION OF THE COMMISSIONER IN WHICH TO INSTALL AND OPERATE PHOTO
SPEED VIOLATION MONITORING SYSTEMS. IN SELECTING A HIGHWAY CONSTRUCTION
OR MAINTENANCE WORK AREA IN WHICH TO INSTALL AND OPERATE A PHOTO SPEED
VIOLATION MONITORING SYSTEM, THE COMMISSIONER SHALL CONSIDER CRITERIA
INCLUDING, BUT NOT LIMITED TO, THE SPEED DATA, CRASH HISTORY, AND ROAD-
WAY GEOMETRY APPLICABLE TO SUCH HIGHWAY CONSTRUCTION OR MAINTENANCE WORK
AREA. A PHOTO SPEED VIOLATION MONITORING SYSTEM SHALL NOT BE INSTALLED
OR OPERATED ON AN INTERSTATE OR AUXILIARY INTERSTATE HIGHWAY EXIT RAMP.
2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AFTER HOLDING A PUBLIC
HEARING IN ACCORDANCE WITH THE PUBLIC OFFICERS LAW AND SUBSEQUENT
APPROVAL BY A MAJORITY OF THE MEMBERS OF THE ENTIRE BOARD THE CHAIR OF
THE THRUWAY AUTHORITY IS HEREBY AUTHORIZED TO ESTABLISH A DEMONSTRATION
PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAIL-
URE OF AN OPERATOR THEREOF TO COMPLY WITH POSTED MAXIMUM SPEED LIMITS IN
A HIGHWAY CONSTRUCTION OR MAINTENANCE WORK AREA WHEN HIGHWAY
CONSTRUCTION OR MAINTENANCE WORK IS OCCURRING AND LOCATED ON THE THRUWAY
(I) WHEN A WORK AREA SPEED LIMIT IS IN EFFECT AS PROVIDED IN PARAGRAPH
TWO OF SUBDIVISION (D) OR SUBDIVISION (F) OF SECTION ELEVEN HUNDRED
EIGHTY OF THIS ARTICLE OR (II) WHEN OTHER SPEED LIMITS ARE IN EFFECT AS
PROVIDED IN SUBDIVISION (B) OR (G) OR PARAGRAPH ONE OF SUBDIVISION (D)
OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE. SUCH DEMONSTRATION
PROGRAM SHALL EMPOWER THE CHAIR TO INSTALL PHOTO SPEED VIOLATION MONI-
TORING SYSTEMS WITHIN NO MORE THAN FIVE HIGHWAY CONSTRUCTION OR MAINTE-
NANCE WORK AREAS LOCATED ON THE THRUWAY AND TO OPERATE SUCH SYSTEMS WHEN
HIGHWAY CONSTRUCTION OR MAINTENANCE WORK IS OCCURRING AND WITHIN SUCH
WORK AREAS (III) WHEN A WORK AREA SPEED LIMIT IS IN EFFECT AS PROVIDED
IN PARAGRAPH TWO OF SUBDIVISION (D) OR SUBDIVISION (F) OF SECTION ELEVEN
HUNDRED EIGHTY OF THIS ARTICLE OR (IV) WHEN OTHER SPEED LIMITS ARE IN
EFFECT AS PROVIDED IN SUBDIVISION (B) OR (G) OR PARAGRAPH ONE OF SUBDI-
VISION (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE. THE CHAIR,
IN CONSULTATION WITH THE SUPERINTENDENT OF THE DIVISION OF STATE POLICE,
SHALL DETERMINE THE LOCATION OF THE HIGHWAY CONSTRUCTION OR MAINTENANCE
WORK AREAS LOCATED ON THE THRUWAY IN WHICH TO INSTALL AND OPERATE PHOTO
SPEED VIOLATION MONITORING SYSTEMS. IN SELECTING A HIGHWAY CONSTRUCTION
OR MAINTENANCE WORK AREA IN WHICH TO INSTALL AND OPERATE A PHOTO SPEED
VIOLATION MONITORING SYSTEM, THE CHAIR SHALL CONSIDER CRITERIA INCLUD-
ING, BUT NOT LIMITED TO, THE SPEED DATA, CRASH HISTORY, AND ROADWAY
GEOMETRY APPLICABLE TO SUCH HIGHWAY CONSTRUCTION OR MAINTENANCE WORK
AREA. A PHOTO SPEED VIOLATION MONITORING SYSTEM SHALL NOT BE INSTALLED
OR OPERATED ON A THRUWAY EXIT RAMP.
3. NO PHOTO SPEED VIOLATION MONITORING SYSTEM SHALL BE USED IN A HIGH-
WAY CONSTRUCTION OR MAINTENANCE WORK AREA UNLESS (I) ON THE DAY IT IS TO
BE USED IT HAS SUCCESSFULLY PASSED A SELF-TEST OF ITS FUNCTIONS; AND
(II) IT HAS UNDERGONE AN ANNUAL CALIBRATION CHECK PERFORMED PURSUANT TO
PARAGRAPH FIVE OF THIS SUBDIVISION. THE COMMISSIONER OR CHAIR, AS APPLI-
CABLE, SHALL INSTALL SIGNS GIVING NOTICE THAT A PHOTO SPEED VIOLATION
MONITORING SYSTEM IS IN USE, IN CONFORMANCE WITH STANDARDS ESTABLISHED
IN THE MUTCD.
4. OPERATORS OF PHOTO SPEED VIOLATION MONITORING SYSTEMS SHALL HAVE
COMPLETED TRAINING IN THE PROCEDURES FOR SETTING UP, TESTING, AND OPER-
ATING SUCH SYSTEMS. EACH SUCH OPERATOR SHALL COMPLETE AND SIGN A DAILY
SET-UP LOG FOR EACH SUCH SYSTEM THAT HE OR SHE OPERATES THAT (I) STATES
THE DATE AND TIME WHEN, AND THE LOCATION WHERE, THE SYSTEM WAS SET UP
THAT DAY, AND (II) STATES THAT SUCH OPERATOR SUCCESSFULLY PERFORMED, AND
THE SYSTEM PASSED, THE SELF-TESTS OF SUCH SYSTEM BEFORE PRODUCING A
S. 4682--A 40
RECORDED IMAGE THAT DAY. THE COMMISSIONER OR THE CHAIR, AS APPLICABLE,
SHALL RETAIN EACH SUCH DAILY LOG UNTIL THE LATER OF THE DATE ON WHICH
THE PHOTO SPEED VIOLATION MONITORING 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 PRODUCED BY SUCH SYSTEM.
5. EACH PHOTO SPEED VIOLATION MONITORING SYSTEM SHALL UNDERGO AN ANNU-
AL CALIBRATION CHECK PERFORMED BY AN INDEPENDENT CALIBRATION LABORATORY
WHICH SHALL ISSUE A SIGNED CERTIFICATE OF CALIBRATION. THE COMMISSIONER
OR THE CHAIR, AS APPLICABLE, SHALL KEEP EACH SUCH ANNUAL CERTIFICATE OF
CALIBRATION ON FILE UNTIL THE FINAL RESOLUTION OF ALL CASES INVOLVING A
NOTICE OF LIABILITY ISSUED DURING SUCH YEAR WHICH WERE BASED ON PHOTO-
GRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY
SUCH PHOTO SPEED VIOLATION MONITORING SYSTEM.
6. (I) 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 PHOTO SPEED
VIOLATION MONITORING SYSTEMS SHALL NOT INCLUDE IMAGES THAT IDENTIFY THE
DRIVER, THE PASSENGERS, OR THE CONTENTS OF THE VEHICLE. PROVIDED, HOWEV-
ER, THAT NO NOTICE OF LIABILITY ISSUED PURSUANT TO THIS SECTION SHALL BE
DISMISSED SOLELY BECAUSE SUCH A PHOTOGRAPH, MICROPHOTOGRAPH, VIDEOTAPE
OR OTHER RECORDED IMAGE ALLOWS FOR THE IDENTIFICATION OF THE DRIVER, THE
PASSENGERS, OR THE CONTENTS OF VEHICLES WHERE THE COMMISSIONER OR THE
CHAIR, AS APPLICABLE, SHOWS THAT THEY MADE REASONABLE EFFORTS TO COMPLY
WITH THE PROVISIONS OF THIS PARAGRAPH IN SUCH CASE.
(II) PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR ANY OTHER RECORDED
IMAGE FROM A PHOTO SPEED VIOLATION MONITORING SYSTEM SHALL BE FOR THE
EXCLUSIVE USE OF THE COMMISSIONER OR THE CHAIR, AS APPLICABLE, 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 SHALL BE DESTROYED BY THE COMMISSIONER OR CHAIR, AS
APPLICABLE, UPON THE FINAL RESOLUTION OF THE NOTICE OF LIABILITY TO
WHICH SUCH PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED
IMAGES 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, MICROPHOTO-
GRAPHS, VIDEOTAPE OR ANY OTHER RECORDED IMAGE FROM A PHOTO SPEED
VIOLATION MONITORING SYSTEM SHALL NOT BE OPEN TO THE PUBLIC, NOR SUBJECT
TO CIVIL OR CRIMINAL PROCESS OR DISCOVERY, 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, MICROPHOTOGRAPHS, VIDEOTAPE OR ANY OTHER
RECORDED IMAGES 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 ARE 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
S. 4682--A 41
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.
(B) IF THE COMMISSIONER OR CHAIR ESTABLISHES A DEMONSTRATION PROGRAM
PURSUANT 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, WITHIN A HIGHWAY CONSTRUCTION OR MAINTENANCE WORK AREA
LOCATED ON A CONTROLLED-ACCESS HIGHWAY UNDER THE JURISDICTION OF THE
COMMISSIONER OR ON THE THRUWAY IN VIOLATION OF PARAGRAPH TWO OF SUBDIVI-
SION (D) OR SUBDIVISION (F), OR WHEN OTHER SPEED LIMITS ARE IN EFFECT IN
VIOLATION OF SUBDIVISION (B) OR (G) OR PARAGRAPH ONE OF SUBDIVISION (D),
OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE, SUCH VEHICLE WAS TRAV-
ELING AT A SPEED OF MORE THAN TEN MILES PER HOUR ABOVE THE POSTED SPEED
LIMIT IN EFFECT WITHIN SUCH HIGHWAY CONSTRUCTION OR MAINTENANCE WORK
AREA, AND SUCH VIOLATION IS EVIDENCED BY INFORMATION OBTAINED FROM A
PHOTO SPEED 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 SUBDIVISION (B), (D), (F) OR (G) OF SECTION
ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
(C) FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
1. "CHAIR" SHALL MEAN THE CHAIR OF THE NEW YORK STATE THRUWAY AUTHORI-
TY;
2. "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF TRANSPORTATION;
3. "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;
4. "OWNER" SHALL HAVE THE MEANING PROVIDED IN ARTICLE TWO-B OF THIS
CHAPTER;
5. "PHOTO SPEED VIOLATION MONITORING SYSTEM" SHALL MEAN A VEHICLE
SENSOR INSTALLED TO WORK IN CONJUNCTION WITH A SPEED MEASURING DEVICE
WHICH AUTOMATICALLY PRODUCES TWO OR MORE PHOTOGRAPHS, TWO OR MORE MICRO-
PHOTOGRAPHS, A VIDEOTAPE OR OTHER RECORDED IMAGES OF EACH VEHICLE AT THE
TIME IT IS USED OR OPERATED IN A HIGHWAY CONSTRUCTION OR MAINTENANCE
S. 4682--A 42
WORK AREA LOCATED ON A CONTROLLED-ACCESS HIGHWAY UNDER THE JURISDICTION
OF THE COMMISSIONER OR ON THE THRUWAY IN VIOLATION OF SUBDIVISION (B),
(D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE IN
ACCORDANCE WITH THE PROVISIONS OF THIS SECTION;
6. "THRUWAY AUTHORITY" SHALL MEAN THE NEW YORK STATE THRUWAY AUTHORI-
TY, A BODY CORPORATE AND POLITIC CONSTITUTING A PUBLIC CORPORATION
CREATED AND CONSTITUTED PURSUANT TO TITLE NINE OF ARTICLE TWO OF THE
PUBLIC AUTHORITIES LAW; AND
7. "THRUWAY" SHALL MEAN GENERALLY A DIVIDED HIGHWAY UNDER THE JURIS-
DICTION OF THE THRUWAY AUTHORITY FOR MIXED TRAFFIC WITH ACCESS LIMITED
AS THE AUTHORITY MAY DETERMINE AND GENERALLY WITH GRADE SEPARATIONS AT
INTERSECTIONS.
(D) A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY
THE COMMISSIONER OR CHAIR AS APPLICABLE, OR A FACSIMILE THEREOF, BASED
UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER
RECORDED IMAGES PRODUCED BY A PHOTO SPEED VIOLATION MONITORING SYSTEM,
SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN. ANY PHOTO-
GRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES EVIDENCING
SUCH A VIOLATION SHALL INCLUDE AT LEAST TWO DATE AND TIME STAMPED IMAGES
OF THE REAR OF THE MOTOR VEHICLE THAT INCLUDE THE SAME STATIONARY OBJECT
NEAR THE MOTOR VEHICLE 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 SUBDIVISION (B), (D), (F) OR
(G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO A
DEMONSTRATION PROGRAM ESTABLISHED PURSUANT TO THIS SECTION SHALL BE
LIABLE FOR MONETARY PENALTIES NOT TO EXCEED FIFTY DOLLARS FOR A FIRST
VIOLATION, SEVENTY-FIVE DOLLARS FOR A SECOND VIOLATION COMMITTED WITHIN
A PERIOD OF EIGHTEEN MONTHS, AND ONE HUNDRED DOLLARS FOR A THIRD OR
SUBSEQUENT VIOLATION COMMITTED WITHIN EIGHTEEN MONTHS OF THE PREVIOUS
VIOLATIONS; PROVIDED, HOWEVER, THAT AN ADDITIONAL PENALTY NOT IN EXCESS
OF TWENTY-FIVE DOLLARS FOR EACH VIOLATION MAY BE IMPOSED FOR THE FAILURE
TO RESPOND TO A NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME PERIOD.
(F) AN IMPOSITION OF LIABILITY UNDER THE DEMONSTRATION PROGRAM ESTAB-
LISHED PURSUANT TO THIS SECTION SHALL NOT BE DEEMED A CONVICTION AS AN
OPERATOR AND SHALL NOT BE MADE PART OF THE OPERATING RECORD OF THE
PERSON UPON WHOM SUCH LIABILITY IS IMPOSED NOR SHALL IT BE USED FOR
INSURANCE PURPOSES IN THE PROVISION OF MOTOR VEHICLE INSURANCE COVERAGE.
(G) 1. A NOTICE OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL TO EACH
PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION
(B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE
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 ORDI-
NARY 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 SUBDIVISION
(B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE
PURSUANT TO THIS SECTION, THE REGISTRATION NUMBER OF THE VEHICLE
INVOLVED IN SUCH VIOLATION, THE LOCATION WHERE SUCH VIOLATION TOOK
PLACE, THE DATE AND TIME OF SUCH VIOLATION, THE IDENTIFICATION NUMBER OF
THE CAMERA WHICH RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR
NUMBER, AT LEAST TWO DATE AND TIME STAMPED IMAGES OF THE REAR OF THE
S. 4682--A 43
MOTOR VEHICLE THAT INCLUDE THE SAME STATIONARY OBJECT NEAR THE MOTOR
VEHICLE, 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 HE OR SHE 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 COMMIS-
SIONER OR CHAIR AS APPLICABLE, OR BY ANY OTHER ENTITY AUTHORIZED BY THE
COMMISSIONER OR CHAIR TO PREPARE AND MAIL SUCH NOTICE OF LIABILITY.
(H) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS OF THIS SECTION
SHALL BE BY A TRAFFIC VIOLATIONS BUREAU ESTABLISHED PURSUANT TO SECTION
THREE HUNDRED SEVENTY OF THE GENERAL MUNICIPAL LAW WHERE THE VIOLATION
OCCURRED OR, IF THERE BE NONE, BY THE COURT HAVING JURISDICTION OVER
TRAFFIC INFRACTIONS WHERE THE VIOLATION OCCURRED, EXCEPT THAT IF A CITY
HAS ESTABLISHED AN ADMINISTRATIVE TRIBUNAL TO HEAR AND DETERMINE
COMPLAINTS OF TRAFFIC INFRACTIONS CONSTITUTING PARKING, STANDING OR
STOPPING VIOLATIONS SUCH CITY MAY, BY LOCAL LAW, AUTHORIZE SUCH ADJUDI-
CATION BY SUCH TRIBUNAL.
(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 SUBDIVISION (B), (D), (F) OR (G) OF SECTION
ELEVEN HUNDRED EIGHTY OF THIS ARTICLE 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 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 TRAFFIC
VIOLATIONS BUREAU, COURT HAVING JURISDICTION OR PARKING VIOLATIONS
BUREAU.
(J) 1. WHERE THE ADJUDICATION OF LIABILITY IMPOSED UPON OWNERS PURSU-
ANT TO THIS SECTION IS BY A TRAFFIC VIOLATIONS BUREAU OR A COURT HAVING
JURISDICTION, AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF
LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION (G) OF THIS SECTION SHALL
NOT BE LIABLE FOR THE VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO THIS SECTION,
PROVIDED THAT HE OR SHE SENDS TO THE TRAFFIC VIOLATIONS BUREAU OR COURT
HAVING JURISDICTION A COPY OF THE RENTAL, LEASE OR OTHER SUCH CONTRACT
DOCUMENT COVERING SUCH VEHICLE ON THE DATE OF THE VIOLATION, WITH THE
NAME AND ADDRESS OF THE LESSEE CLEARLY LEGIBLE, WITHIN THIRTY-SEVEN DAYS
AFTER RECEIVING NOTICE FROM THE BUREAU OR COURT OF THE DATE AND TIME OF
SUCH VIOLATION, TOGETHER WITH THE OTHER INFORMATION CONTAINED IN THE
ORIGINAL NOTICE OF LIABILITY. FAILURE TO SEND SUCH INFORMATION WITHIN
SUCH THIRTY-SEVEN DAY TIME PERIOD SHALL RENDER THE OWNER LIABLE FOR THE
PENALTY PRESCRIBED BY THIS SECTION. WHERE THE LESSOR COMPLIES WITH THE
PROVISIONS OF THIS PARAGRAPH, THE LESSEE OF SUCH VEHICLE ON THE DATE OF
SUCH VIOLATION SHALL BE DEEMED TO BE THE OWNER OF SUCH VEHICLE FOR
PURPOSES OF THIS SECTION, SHALL BE SUBJECT TO LIABILITY FOR THE
VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED
EIGHTY OF THIS ARTICLE PURSUANT TO THIS SECTION AND SHALL BE SENT A
NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (G) OF THIS SECTION.
S. 4682--A 44
2. (I) IN A CITY WHICH, BY LOCAL LAW, HAS AUTHORIZED THE ADJUDICATION
OF LIABILITY IMPOSED UPON OWNERS BY THIS SECTION BY A PARKING VIOLATIONS
BUREAU, AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF
LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION (G) OF THIS SECTION SHALL
NOT BE LIABLE FOR THE VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE, PROVIDED THAT:
(A) PRIOR TO THE VIOLATION, THE LESSOR HAS FILED WITH THE BUREAU IN
ACCORDANCE WITH THE PROVISIONS OF SECTION TWO HUNDRED THIRTY-NINE OF
THIS CHAPTER; AND
(B) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE BUREAU OF
THE DATE AND TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFORMATION
CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY, THE LESSOR SUBMITS TO THE
BUREAU THE CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE IDENTI-
FIED IN THE NOTICE OF LIABILITY AT THE TIME OF SUCH VIOLATION, TOGETHER
WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL, LEASE OR
OTHER CONTRACT DOCUMENT, AS MAY BE REASONABLY REQUIRED BY THE BUREAU
PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE.
(II) FAILURE TO COMPLY WITH CLAUSE (B) OF SUBPARAGRAPH (I) OF THIS
PARAGRAPH SHALL RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED IN
THIS SECTION.
(III) WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF THIS PARAGRAPH,
THE LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH VIOLATION SHALL BE DEEMED
TO BE THE OWNER OF SUCH VEHICLE FOR PURPOSES OF THIS SECTION, SHALL BE
SUBJECT TO LIABILITY FOR SUCH VIOLATION PURSUANT TO THIS SECTION AND
SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (G) OF THIS
SECTION.
(K) 1. IF THE OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (B), (D),
(F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO
THIS SECTION WAS NOT THE OPERATOR OF THE VEHICLE AT THE TIME OF THE
VIOLATION, THE OWNER MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST
THE OPERATOR.
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 SUBDIVISION (B), (D), (F) OR (G) OF SECTION
ELEVEN HUNDRED EIGHTY OF THIS ARTICLE. FOR PURPOSES OF THIS SUBDIVISION
THERE SHALL BE A PRESUMPTION THAT THE OPERATOR OF SUCH VEHICLE WAS OPER-
ATING SUCH VEHICLE WITH THE CONSENT OF THE OWNER AT THE TIME SUCH OPERA-
TOR OPERATED SUCH VEHICLE IN VIOLATION OF SUBDIVISION (B), (D), (F) OR
(G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
(L) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF SUBDIVISION (B), (D),
(F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
(M) IF THE COMMISSIONER OR CHAIR ADOPTS A DEMONSTRATION PROGRAM PURSU-
ANT TO SUBDIVISION (A) OF THIS SECTION THE COMMISSIONER OR CHAIR, AS
APPLICABLE, SHALL CONDUCT A STUDY AND SUBMIT A REPORT ON THE RESULTS OF
THE USE OF PHOTO DEVICES TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE
SENATE AND THE SPEAKER OF THE ASSEMBLY ON OR BEFORE JUNE FIRST, TWO
THOUSAND TWENTY-ONE AND ON THE SAME DATE IN EACH SUCCEEDING YEAR IN
WHICH THE DEMONSTRATION PROGRAM IS OPERABLE. THE COMMISSIONER OR CHAIR
SHALL ALSO MAKE SUCH REPORTS AVAILABLE ON THEIR PUBLIC-FACING WEBSITES,
PROVIDED THAT THEY MAY PROVIDE AGGREGATE DATA FROM PARAGRAPH ONE OF THIS
SUBDIVISION IF THE COMMISSIONER OR CHAIR FINDS THAT PUBLISHING SPECIFIC
LOCATION DATA WOULD JEOPARDIZE PUBLIC SAFETY. SUCH REPORT SHALL
INCLUDE:
S. 4682--A 45
1. THE LOCATIONS WHERE AND DATES WHEN PHOTO SPEED VIOLATION MONITORING
SYSTEMS WERE USED;
2. THE AGGREGATE NUMBER, TYPE AND SEVERITY OF CRASHES, FATALITIES,
INJURIES AND PROPERTY DAMAGE REPORTED WITHIN ALL HIGHWAY CONSTRUCTION OR
MAINTENANCE WORK AREAS ON CONTROLLED-ACCESS HIGHWAYS UNDER THE JURISDIC-
TION OF THE COMMISSIONER OR ON THE THRUWAY, TO THE EXTENT THE INFORMA-
TION IS MAINTAINED BY THE COMMISSIONER, CHAIR OR THE DEPARTMENT OF MOTOR
VEHICLES OF THIS STATE;
3. THE AGGREGATE NUMBER, TYPE AND SEVERITY OF CRASHES, FATALITIES,
INJURIES AND PROPERTY DAMAGE REPORTED WITHIN HIGHWAY CONSTRUCTION OR
MAINTENANCE WORK AREAS WHERE PHOTO SPEED VIOLATION MONITORING SYSTEMS
WERE USED, TO THE EXTENT THE INFORMATION IS MAINTAINED BY THE COMMIS-
SIONER, CHAIR OR THE DEPARTMENT OF MOTOR VEHICLES OF THIS STATE;
4. THE NUMBER OF VIOLATIONS RECORDED WITHIN ALL HIGHWAY CONSTRUCTION
OR MAINTENANCE WORK AREAS ON CONTROLLED-ACCESS HIGHWAYS UNDER THE JURIS-
DICTION OF THE COMMISSIONER OR ON THE THRUWAY, IN THE AGGREGATE ON A
DAILY, WEEKLY AND MONTHLY BASIS TO THE EXTENT THE INFORMATION IS MAIN-
TAINED BY THE COMMISSIONER, CHAIR OR THE DEPARTMENT OF MOTOR VEHICLES OF
THIS STATE;
5. THE NUMBER OF VIOLATIONS RECORDED WITHIN EACH HIGHWAY CONSTRUCTION
OR MAINTENANCE WORK AREA WHERE A PHOTO SPEED VIOLATION MONITORING SYSTEM
IS USED, IN THE AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS;
6. TO THE EXTENT THE INFORMATION IS MAINTAINED BY THE COMMISSIONER,
CHAIR OR THE DEPARTMENT OF MOTOR VEHICLES OF THIS STATE, THE NUMBER OF
VIOLATIONS RECORDED WITHIN ALL HIGHWAY CONSTRUCTION OR MAINTENANCE WORK
AREAS ON CONTROLLED-ACCESS HIGHWAYS UNDER THE JURISDICTION OF THE
COMMISSIONER OR ON THE THRUWAY THAT WERE:
(I) MORE THAN TEN BUT NOT MORE THAN TWENTY MILES PER HOUR OVER THE
POSTED SPEED LIMIT;
(II) MORE THAN TWENTY BUT NOT MORE THAN THIRTY MILES PER HOUR OVER THE
POSTED SPEED LIMIT;
(III) MORE THAN THIRTY BUT NOT MORE THAN FORTY MILES PER HOUR OVER THE
POSTED SPEED LIMIT; AND
(IV) MORE THAN FORTY MILES PER HOUR OVER THE POSTED SPEED LIMIT;
7. THE NUMBER OF VIOLATIONS RECORDED WITHIN EACH HIGHWAY CONSTRUCTION
OR MAINTENANCE WORK AREA WHERE A PHOTO SPEED VIOLATION MONITORING SYSTEM
IS USED THAT WERE:
(I) MORE THAN TEN BUT NOT MORE THAN TWENTY MILES PER HOUR OVER THE
POSTED SPEED LIMIT;
(II) MORE THAN TWENTY BUT NOT MORE THAN THIRTY MILES PER HOUR OVER THE
POSTED SPEED LIMIT;
(III) MORE THAN THIRTY BUT NOT MORE THAN FORTY MILES PER HOUR OVER THE
POSTED SPEED LIMIT; AND
(IV) MORE THAN FORTY MILES PER HOUR OVER THE POSTED SPEED LIMIT;
8. THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED FOR VIOLATIONS
RECORDED BY SUCH SYSTEMS;
9. THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID AFTER THE FIRST
NOTICE OF LIABILITY ISSUED FOR VIOLATIONS RECORDED BY SUCH SYSTEMS, TO
THE EXTENT THE INFORMATION IS MAINTAINED BY THE COMMISSIONER, CHAIR OR
THE DEPARTMENT OF MOTOR VEHICLES OF THIS STATE;
10. THE NUMBER OF VIOLATIONS ADJUDICATED AND THE RESULTS OF SUCH ADJU-
DICATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE FOR VIOLATIONS
RECORDED BY SUCH SYSTEMS, TO THE EXTENT THE INFORMATION IS MAINTAINED BY
THE COMMISSIONER, CHAIR OR THE DEPARTMENT OF MOTOR VEHICLES OF THIS
STATE;
S. 4682--A 46
11. THE TOTAL AMOUNT OF REVENUE REALIZED BY THE STATE OR THRUWAY
AUTHORITY IN CONNECTION WITH THE PROGRAM;
12. THE EXPENSES INCURRED BY THE STATE OR THE THRUWAY AUTHORITY IN
CONNECTION WITH THE PROGRAM;
13. AN ITEMIZED LIST OF EXPENDITURES MADE BY THE STATE AND THE THRUWAY
AUTHORITY ON WORK ZONE SAFETY PROJECTS IN ACCORDANCE WITH SUBDIVISIONS
ELEVEN AND TWELVE OF SECTION EIGHTEEN HUNDRED THREE OF THIS CHAPTER; AND
14. THE QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS, TO THE
EXTENT THE INFORMATION IS MAINTAINED BY THE COMMISSIONER, CHAIR OR THE
DEPARTMENT OF MOTOR VEHICLES OF THIS STATE.
(N) IT SHALL BE A DEFENSE TO ANY PROSECUTION FOR A VIOLATION OF SUBDI-
VISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS
ARTICLE PURSUANT TO THIS SECTION THAT SUCH PHOTO SPEED VIOLATION MONI-
TORING SYSTEM WAS MALFUNCTIONING AT THE TIME OF THE ALLEGED VIOLATION.
§ 9. 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,
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-E OF THIS
CHAPTER, there shall be levied a crime victim assistance fee and a
mandatory surcharge, in addition to any sentence required or permitted
by law, in accordance with the following schedule:
(c) Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for an offense under this chapter
other than a crime pursuant to section eleven hundred ninety-two of this
S. 4682--A 47
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, 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, 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-E OF THIS CHAPTER, there shall be levied a crime victim
assistance fee in the amount of five dollars and a mandatory surcharge,
in addition to any sentence required or permitted by law, in the amount
of fifty-five dollars.
§ 9-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
S. 4682--A 48
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
SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF
THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-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,
there shall be levied a crime victim assistance fee and a mandatory
surcharge, in addition to any sentence required or permitted by law, in
accordance with the following schedule:
(c) Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for an offense under this chapter
other than a crime pursuant to section eleven hundred ninety-two of this
chapter, or a traffic infraction under this chapter, or a local law,
ordinance, rule or regulation adopted pursuant to this chapter, other
than a traffic infraction involving standing, stopping, or parking or
violations by pedestrians or bicyclists, or other than an adjudication
of liability of an owner for a violation of subdivision (d) of section
eleven hundred eleven of this chapter in accordance with section eleven
hundred eleven-a of this chapter, or other than an adjudication of
liability of an owner for a violation of subdivision (d) of section
eleven hundred eleven of this chapter in accordance with section eleven
hundred eleven-b of this chapter, or other than an adjudication of
liability of an owner for a violation of subdivision (d) of section
eleven hundred eleven of this chapter in accordance with section eleven
hundred eleven-d of this chapter, or other than an infraction pursuant
to article nine of this chapter or other than an adjudication of liabil-
ity of an owner for a violation of toll collection regulations pursuant
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 SUBDIVISION (B), (D), (F) OR (G) OF SECTION
ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED EIGHTY-E OF THIS CHAPTER, or other than an adjudication of
liability of an owner for a violation of section eleven hundred seven-
ty-four of this chapter in accordance with section eleven hundred seven-
ty-four-a of this chapter, there shall be levied a crime victim assist-
ance fee in the amount of five dollars and a mandatory surcharge, in
S. 4682--A 49
addition to any sentence required or permitted by law, in the amount of
fifty-five dollars.
§ 9-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-
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 (B), (D), (F) OR (G) OF SECTION
ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED EIGHTY-E 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 seven-
ty-four of this chapter in accordance with section eleven hundred seven-
ty-four-a of this chapter, there shall be levied a mandatory surcharge,
in addition to any sentence required or permitted by law, in the amount
of twenty-five dollars.
§ 9-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,
S. 4682--A 50
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-E 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 chap-
ter, 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,
there shall be levied a mandatory surcharge, in addition to any sentence
required or permitted by law, in the amount of seventeen dollars.
§ 9-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:
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 (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF
THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E 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 chap-
ter, 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,
there shall be levied a mandatory surcharge, in addition to any sentence
required or permitted by law, in the amount of seventeen dollars.
§ 9-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
(B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E 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
S. 4682--A 51
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, there shall be
levied a mandatory surcharge, in addition to any sentence required or
permitted by law, in the amount of seventeen dollars.
§ 9-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-
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
(B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E 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, there shall be
levied a mandatory surcharge, in addition to any sentence required or
permitted by law, in the amount of seventeen dollars.
§ 9-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 SUBDIVISION (B),
(D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-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, there shall be
levied a mandatory surcharge, in addition to any sentence required or
permitted by law, in the amount of seventeen dollars.
§ 9-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
S. 4682--A 52
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-E OF THIS CHAPTER, there shall be levied a
mandatory surcharge, in addition to any sentence required or permitted
by law, in the amount of seventeen dollars.
§ 10. Paragraph a of subdivision 1 of section 1809-e of the vehicle
and traffic law, as separately amended by section 11 of chapter 145 and
section 10 of chapter 148 of the laws of 2019, is amended to read as
follows:
a. Notwithstanding any other provision of law, whenever proceedings in
a court or an administrative tribunal of this state result in a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic infraction under this chapter, or a local law, ordinance, rule or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists, and except an adjudication of liability of an owner for a
violation of subdivision (d) of section eleven hundred eleven of this
chapter in accordance with section eleven hundred eleven-a of this chap-
ter or in accordance with section eleven hundred eleven-d of this chap-
ter, or in accordance with section eleven hundred eleven-e of this chap-
ter, or in accordance with section eleven hundred seventy-four-a of this
chapter, and except an adjudication of liability of an owner for a
violation of subdivision (d) of section eleven hundred eleven of this
chapter in accordance with section eleven hundred eleven-b of this chap-
ter, and except an adjudication in accordance with section eleven
hundred eleven-c of this chapter of a violation of a bus lane
restriction as defined in such section, and [expect] EXCEPT an adjudi-
cation of liability of an owner for a violation of subdivision (b), (c),
(d), (f) or (g) of section eleven hundred eighty of this chapter in
accordance with section eleven hundred eighty-b of this chapter, and
except an adjudication of liability of an owner for a violation of toll
collection regulations pursuant to section two thousand nine hundred
eighty-five of the public authorities law or sections sixteen-a,
sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
laws of nineteen hundred fifty, or other than an adjudication of liabil-
ity of an owner for a violation of subdivision (b), (c), (d), (f) or (g)
of section eleven hundred eighty of this chapter in accordance with
section eleven hundred eighty-d of this chapter, AND EXCEPT AN ADJUDI-
CATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (B), (D),
(F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORD-
ANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E 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 twenty-eight
dollars.
§ 10-a. Paragraph a of subdivision 1 of section 1809-e of the vehicle
and traffic law, as amended by section 11 of chapter 145 of the laws of
2019, is amended to read as follows:
a. Notwithstanding any other provision of law, whenever proceedings in
a court or an administrative tribunal of this state result in a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic infraction under this chapter, or a local law, ordinance, rule or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
S. 4682--A 53
bicyclists, and except an adjudication of liability of an owner for a
violation of subdivision (d) of section eleven hundred eleven of this
chapter in accordance with section eleven hundred eleven-a of this chap-
ter or in accordance with section eleven hundred eleven-d of this chap-
ter, or in accordance with section eleven hundred eleven-e of this chap-
ter, or in accordance with section eleven hundred seventy-four-a of this
chapter, and except an adjudication of liability of an owner for a
violation of subdivision (d) of section eleven hundred eleven of this
chapter in accordance with section eleven hundred eleven-b of this chap-
ter, and except an adjudication in accordance with section eleven
hundred eleven-c of this chapter of a violation of a bus lane
restriction as defined in such section, and [expect] EXCEPT an adjudi-
cation of liability of an owner for a violation of subdivision (b), (c),
(d), (f) or (g) of section eleven hundred eighty of this chapter in
accordance with section eleven hundred eighty-b of this chapter, AND
EXCEPT AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF
SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF
THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS
CHAPTER, and except an adjudication of liability of an owner for a
violation of toll collection regulations pursuant to section two thou-
sand nine hundred eighty-five of the public authorities law or sections
sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
of the laws of nineteen hundred fifty, there shall be levied in addition
to any sentence, penalty or other surcharge required or permitted by
law, an additional surcharge of twenty-eight dollars.
§ 10-b. Paragraph a of subdivision 1 of section 1809-e of the vehicle
and traffic law, as separately amended by section 11-a of chapter 145
and section 10-a of chapter 148 of the laws of 2019, is amended to read
as follows:
a. Notwithstanding any other provision of law, whenever proceedings in
a court or an administrative tribunal of this state result in a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic infraction under this chapter, or a local law, ordinance, rule or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists, and except an adjudication of liability of an owner for a
violation of subdivision (d) of section eleven hundred eleven of this
chapter in accordance with section eleven hundred eleven-a of this chap-
ter or in accordance with section eleven hundred eleven-d of this chap-
ter or in accordance with section eleven hundred eleven-e of this chap-
ter, or in accordance with section eleven hundred seventy-four-a of this
chapter, and except an adjudication in accordance with section eleven
hundred eleven-c of this chapter of a violation of a bus lane
restriction as defined in such section, and except an adjudication of
liability of an owner for a violation of subdivision (b), (c), (d), (f)
or (g) of section eleven hundred eighty of this chapter in accordance
with section eleven hundred eighty-b of this chapter, and except an
adjudication of liability of an owner for a violation of 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 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-E OF THIS
CHAPTER, and except an adjudication of liability of an owner for a
violation of toll collection regulations pursuant to section two thou-
S. 4682--A 54
sand nine hundred eighty-five of the public authorities law or sections
sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
of the laws of nineteen hundred fifty, there shall be levied in addition
to any sentence, penalty or other surcharge required or permitted by
law, an additional surcharge of twenty-eight dollars.
§ 10-c. Paragraph a of subdivision 1 of section 1809-e of the vehicle
and traffic law, as separately amended by section 11-b of chapter 145
and section 10-b of chapter 148 of the laws of 2019, is amended to read
as follows:
a. Notwithstanding any other provision of law, whenever proceedings in
a court or an administrative tribunal of this state result in a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic infraction under this chapter, or a local law, ordinance, rule or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists, and except an adjudication of liability of an owner for a
violation of subdivision (d) of section eleven hundred eleven of this
chapter in accordance with section eleven hundred eleven-a of this chap-
ter or in accordance with section eleven hundred eleven-d of this chap-
ter or in accordance with section eleven hundred eleven-e of this chap-
ter, or in accordance with section eleven hundred seventy-four-a of this
chapter, and except an adjudication of liability of an owner for a
violation of subdivision (b), (c), (d), (f) or (g) of section eleven
hundred eighty of this chapter in accordance with section eleven hundred
eighty-b of this chapter, and except an adjudication of liability of an
owner for a violation of 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 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-E OF THIS CHAPTER, and except an adjudi-
cation of liability of an owner for a violation of toll collection regu-
lations pursuant to section two thousand nine hundred eighty-five of the
public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
chapter seven hundred seventy-four of the laws of nineteen hundred
fifty, there shall be levied in addition to any sentence, penalty or
other surcharge required or permitted by law, an additional surcharge of
twenty-eight dollars.
§ 10-d. Paragraph a of subdivision 1 of section 1809-e of the vehicle
and traffic law, as separately amended by section 11-c of chapter 145
and section 10-c of chapter 148 of the laws of 2019, is amended to read
as follows:
a. Notwithstanding any other provision of law, whenever proceedings in
a court or an administrative tribunal of this state result in a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic infraction under this chapter, or a local law, ordinance, rule or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists, and except an adjudication of liability of an owner for a
violation of subdivision (d) of section eleven hundred eleven of this
chapter in accordance with section eleven hundred eleven-a of this chap-
ter or in accordance with section eleven hundred eleven-d of this chap-
ter or in accordance with section eleven hundred eleven-e of this chap-
ter, or in accordance with section eleven hundred seventy-four-a of this
S. 4682--A 55
chapter, and except an adjudication of liability of an owner for a
violation of subdivision (b), (c), (d), (f) or (g) of section eleven
hundred eighty of this chapter in accordance with section eleven hundred
eighty-d of this chapter, AND EXCEPT 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-E OF THIS CHAPTER, and except 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, there shall
be levied in addition to any sentence, penalty or other surcharge
required or permitted by law, an additional surcharge of twenty-eight
dollars.
§ 10-e. Paragraph a of subdivision 1 of section 1809-e of the vehicle
and traffic law, as separately amended by section 11-e of chapter 145
and section 10-e of chapter 148 of the laws of 2019, is amended to read
as follows:
a. Notwithstanding any other provision of law, whenever proceedings in
a court or an administrative tribunal of this state result in a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic infraction under this chapter, or a local law, ordinance, rule or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists, and except an adjudication of liability of an owner for a
violation of subdivision (d) of section eleven hundred eleven of this
chapter in accordance with section eleven hundred eleven-a of this chap-
ter or in accordance with section eleven hundred eleven-e of this chap-
ter, and except an adjudication of liability of an owner for a violation
of subdivision (b), (c), (d), (f) or (g) of section eleven hundred
eighty of this chapter in accordance with section eleven hundred eight-
y-d of this chapter, AND EXCEPT 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-E OF THIS CHAPTER, or in accordance with section eleven hundred
seventy-four-a of this chapter, and except an adjudication of liability
of an owner for a violation of toll collection regulations pursuant to
section two thousand nine hundred eighty-five of the public authorities
law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
hundred seventy-four of the laws of nineteen hundred fifty, there shall
be levied in addition to any sentence, penalty or other surcharge
required or permitted by law, an additional surcharge of twenty-eight
dollars.
§ 10-f. Paragraph a of subdivision 1 of section 1809-e of the vehicle
and traffic law, as separately amended by section 11-f of chapter 145
and section 10-f of chapter 148 of the laws of 2019, is amended to read
as follows:
a. Notwithstanding any other provision of law, whenever proceedings in
a court or an administrative tribunal of this state result in a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic infraction under this chapter, or a local law, ordinance, rule or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists, and except an adjudication of liability of an owner for a
S. 4682--A 56
violation of subdivision (d) of section eleven hundred eleven of this
chapter in accordance with section eleven hundred eleven-a of this chap-
ter AND EXCEPT 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-E OF THIS
CHAPTER, or in accordance with section eleven hundred seventy-four-a of
this chapter, and except an adjudication of liability of an owner for a
violation of subdivision (b), (c), (d), (f) or (g) of section eleven
hundred eighty of this chapter in accordance with section eleven hundred
eighty-d of this chapter, and except an adjudication of liability of an
owner for a violation of toll collection regulations pursuant to section
two thousand nine hundred eighty-five of the public authorities law or
sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred
seventy-four of the laws of nineteen hundred fifty, there shall be
levied in addition to any sentence, penalty or other surcharge required
or permitted by law, an additional surcharge of twenty-eight dollars.
§ 10-g. Paragraph a of subdivision 1 of section 1809-e of the vehicle
and traffic law, as amended by section 5 of part C of chapter 55 of the
laws of 2013, is amended to read as follows:
a. Notwithstanding any other provision of law, whenever proceedings in
a court or an administrative tribunal of this state result in a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic infraction under this chapter, or a local law, ordinance, rule or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists, and except an adjudication of liability of an owner for a
violation of subdivision (d) of section eleven hundred eleven of this
chapter in accordance with section eleven hundred eleven-a of this chap-
ter, AND EXCEPT AS 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 EIGHT-
Y-E OF THIS CHAPTER, and except an adjudication of liability of an owner
for a violation of toll collection regulations pursuant to section two
thousand nine hundred eighty-five of the public authorities law or
sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred
seventy-four of the laws of nineteen hundred fifty, there shall be
levied in addition to any sentence, penalty or other surcharge required
or permitted by law, an additional surcharge of twenty-eight dollars.
§ 11. Subparagraph (i) of paragraph a of subdivision 5-a of section
401 of the vehicle and traffic law, as separately amended by section 8
of chapter 145 and section 11 of chapter 148 of the laws of 2019, is
amended to read as follows:
(i) If at the time of application for a registration or renewal there-
of there is a certification from a court, parking violations bureau,
traffic and parking violations agency or administrative tribunal of
appropriate jurisdiction or administrative tribunal of appropriate
jurisdiction that the registrant or his or her representative failed to
appear on the return date or any subsequent adjourned date or failed to
comply with the rules and regulations of an administrative tribunal
following entry of a final decision in response to a total of three or
more summonses or other process in the aggregate, issued within an eigh-
teen month period, charging either that: (i) such motor vehicle was
parked, stopped or standing, or that such motor vehicle was operated for
hire by the registrant or his or her agent without being licensed as a
motor vehicle for hire by the appropriate local authority, in violation
S. 4682--A 57
of any of the provisions of this chapter or of any law, ordinance, rule
or regulation made by a local authority; or (ii) the registrant was
liable in accordance with section eleven hundred eleven-a, section elev-
en hundred eleven-b or section eleven hundred eleven-d of this chapter
for a violation of subdivision (d) of section eleven hundred eleven of
this chapter; or (iii) the registrant was liable in accordance with
section eleven hundred eleven-c of this chapter for a violation of a bus
lane restriction as defined in such section, or (iv) the registrant was
liable in accordance with section eleven hundred eighty-b of this chap-
ter for a violation of subdivision (c) or (d) of section eleven hundred
eighty of this chapter, or (vi) the registrant was liable in accordance
with section eleven hundred eleven-e of this chapter for a violation of
subdivision (d) of section eleven hundred eleven of this chapter; or
(vii) the registrant was liable in accordance with section eleven
hundred seventy-four-a of this chapter for a violation of section eleven
hundred seventy-four of this chapter, or (vii) the registrant was liable
in accordance with section eleven hundred eighty-d of this chapter for a
violation of subdivision (c) or (d) of section eleven hundred eighty of
this chapter, OR (VIII) THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER FOR A VIOLATION OF
SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF
THIS CHAPTER, the commissioner or his or her agent shall deny the regis-
tration or renewal application until the applicant provides proof from
the court, 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 follow-
ing entry of a final decision. Where an application is denied pursuant
to this section, the commissioner may, in his or her discretion, deny a
registration or renewal application to any other person for the same
vehicle and may deny a registration or renewal application for any other
motor vehicle registered in the name of the applicant where the commis-
sioner has determined that such registrant's intent has been to evade
the purposes of this subdivision and where the commissioner has reason-
able grounds to believe that such registration or renewal will have the
effect of defeating the purposes of this subdivision. Such denial shall
only remain in effect as long as the summonses remain unanswered, or in
the case of an administrative tribunal, the registrant fails to comply
with the rules and regulations following entry of a final decision.
§ 11-a. Subparagraph (i) of paragraph a of subdivision 5-a of section
401 of the vehicle and traffic law, as amended by section 8 of chapter
145 of the laws of 2019, is amended to read as follows:
(i) If at the time of application for a registration or renewal there-
of there is a certification from a court, parking violations bureau,
traffic and parking violations agency or administrative tribunal of
appropriate jurisdiction or [adminstrative] 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
S. 4682--A 58
any law, ordinance, rule or regulation made by a local authority; or
(ii) the registrant was liable in accordance with section eleven hundred
eleven-a, section eleven hundred eleven-b or section eleven hundred
eleven-d of this chapter for a violation of subdivision (d) of section
eleven hundred eleven of this chapter; or (iii) the registrant was
liable in accordance with section eleven hundred eleven-c of this chap-
ter for a violation of a bus lane restriction as defined in such
section, or (iv) the registrant was liable in accordance with section
eleven hundred eighty-b of this chapter for a violation of subdivision
(c) or (d) of section eleven hundred eighty of this chapter, or (vi) the
registrant was liable in accordance with section eleven hundred eleven-e
of this chapter for a violation of subdivision (d) of section eleven
hundred eleven of this chapter; or (vii) the registrant was liable in
accordance with section eleven hundred seventy-four-a of this chapter
for a violation of section eleven hundred seventy-four of this chapter,
OR (VIII) THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED EIGHTY-E OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (B),
(D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER, the
commissioner or his or her agent shall deny the registration or renewal
application until the applicant provides proof from the court, 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 deci-
sion. Where an application is denied pursuant to this section, the
commissioner may, in his or her discretion, deny a registration or
renewal application to any other person for the same vehicle and may
deny a registration or renewal application for any other motor vehicle
registered in the name of the applicant where the commissioner has
determined that such registrant's intent has been to evade the purposes
of this subdivision and where the commissioner has reasonable grounds to
believe that such registration or renewal will have the effect of
defeating the purposes of this subdivision. Such denial shall only
remain in effect as long as the summonses remain unanswered, or in the
case of an administrative tribunal, the registrant fails to comply with
the rules and regulations following entry of a final decision.
§ 11-b. Paragraph a of subdivision 5-a of section 401 of the vehicle
and traffic law, as separately amended by section 8-a of chapter 145 of
the laws of 2019 and section 11-a of chapter 148 of the laws of 2019. is
amended to read as follows:
a. If at the time of application for a registration or renewal thereof
there is a certification from a court or administrative tribunal of
appropriate jurisdiction that the registrant or his or her represen-
tative failed to appear on the return date or any subsequent adjourned
date or failed to comply with the rules and regulations of an adminis-
trative tribunal following entry of a final decision in response to a
total of three or more summonses or other process in the aggregate,
issued within an eighteen month period, charging either that: (i) such
motor vehicle was parked, stopped or standing, or that such motor vehi-
cle was operated for hire by the registrant or his or her agent without
being licensed as a motor vehicle for hire by the appropriate local
authority, in violation of any of the provisions of this chapter or of
any law, ordinance, rule or regulation made by a local authority; or
(ii) the registrant was liable in accordance with section eleven hundred
eleven-b of this chapter for a violation of subdivision (d) of section
eleven hundred eleven of this chapter; or (iii) the registrant was
S. 4682--A 59
liable in accordance with section eleven hundred eleven-c of this chap-
ter for a violation of a bus lane restriction as defined in such
section; or (iv) the registrant was liable in accordance with section
eleven hundred eleven-d of this chapter for a violation of subdivision
(d) of section eleven hundred eleven of this chapter; or (v) the regis-
trant was liable in accordance with section eleven hundred eighty-b of
this chapter for a violation of subdivision (b), (d), (f) or (g) of
section eleven hundred eighty of this chapter ; or (vi) the registrant
was liable in accordance with section eleven hundred eleven-e of this
chapter for a violation of subdivision (d) of section eleven hundred
eleven of this chapter; or (vii) the registrant was liable in accordance
with section eleven hundred seventy-four-a of this chapter for a
violation of section eleven hundred seventy-four of this chapter; or
[(vii)] (VIII) the registrant was liable in accordance with section
eleven hundred eighty-d of this chapter for a violation of subdivision
(b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
ter; OR (IX) THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED EIGHTY-E OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (B),
(D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER, the
commissioner or his or her agent shall deny the registration or renewal
application until the applicant provides proof from the court or admin-
istrative tribunal wherein the charges are pending that an appearance or
answer has been made or in the case of an administrative tribunal that
he or she has complied with the rules and regulations of said tribunal
following entry of a final decision. Where an application is denied
pursuant to this section, the commissioner may, in his or her
discretion, deny a registration or renewal application to any other
person for the same vehicle and may deny a registration or renewal
application for any other motor vehicle registered in the name of the
applicant where the commissioner has determined that such registrant's
intent has been to evade the purposes of this subdivision and where the
commissioner has reasonable grounds to believe that such registration or
renewal will have the effect of defeating the purposes of this subdivi-
sion. Such denial shall only remain in effect as long as the summonses
remain unanswered, or in the case of an administrative tribunal, the
registrant fails to comply with the rules and regulations following
entry of a final decision.
§ 11-c. Paragraph a of subdivision 5-a of section 401 of the vehicle
and traffic law, as separately amended by section 8-b of chapter 145 and
section 11-b of chapter 148 of the laws of 2019, is amended to read as
follows:
a. If at the time of application for a registration or renewal thereof
there is a certification from a court or administrative tribunal of
appropriate jurisdiction that the registrant or his or her represen-
tative failed to appear on the return date or any subsequent adjourned
date or failed to comply with the rules and regulations of an adminis-
trative tribunal following entry of a final decision in response to
three or more summonses or other process, issued within an eighteen
month period, charging that: (i) such motor vehicle was parked, stopped
or standing, or that such motor vehicle was operated for hire by the
registrant or his or her agent without being licensed as a motor vehicle
for hire by the appropriate local authority, in violation of any of the
provisions of this chapter or of any law, ordinance, rule or regulation
made by a local authority; or (ii) the registrant was liable in accord-
ance with section eleven hundred eleven-c of this chapter for a
violation of a bus lane restriction as defined in such section; or (iii)
S. 4682--A 60
the registrant was liable in accordance with section eleven hundred
eleven-d of this chapter for a violation of subdivision (d) of section
eleven hundred eleven of this chapter; or (iv) the registrant was liable
in accordance with section eleven hundred eighty-b of this chapter for a
violation of subdivision (b), (c), (d), (f) or (g) of section eleven
hundred eighty of this chapter,[,] or the registrant was liable in
accordance with section eleven hundred eighty-d of this chapter for a
violation of subdivision (b), (c), (d), (f) or (g) of section eleven
hundred eighty of this chapter; or (v) the registrant was liable in
accordance with section eleven hundred eleven-e of this chapter for a
violation of subdivision (d) of section eleven hundred eleven of this
chapter; or (VI) THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION
ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION
(B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER;
OR (vii) the registrant was liable in accordance with section eleven
hundred seventy-four-a of this chapter for a violation of section eleven
hundred seventy-four of this chapter, the commissioner or his or her
agent shall deny the registration or renewal application until the
applicant provides proof from the court or administrative tribunal wher-
ein the charges are pending that an appearance or answer has been made
or in the case of an administrative tribunal that he or she has complied
with the rules and regulations of said tribunal following entry of a
final decision. Where an application is denied pursuant to this section,
the commissioner may, in his or her discretion, deny a registration or
renewal application to any other person for the same vehicle and may
deny a registration or renewal application for any other motor vehicle
registered in the name of the applicant where the commissioner has
determined that such registrant's intent has been to evade the purposes
of this subdivision and where the commissioner has reasonable grounds to
believe that such registration or renewal will have the effect of
defeating the purposes of this subdivision. Such denial shall only
remain in effect as long as the summonses remain unanswered, or in the
case of an administrative tribunal, the registrant fails to comply with
the rules and regulations following entry of a final decision.
§ 11-d. Paragraph a of subdivision 5-a of section 401 of the vehicle
and traffic law, as separately amended by section 8-c of chapter 145 and
section 11-c of chapter 148 of the laws of 2019, is amended to read as
follows:
a. If at the time of application for a registration or renewal thereof
there is a certification from a court or administrative tribunal of
appropriate jurisdiction that the registrant or his or her represen-
tative failed to appear on the return date or any subsequent adjourned
date or failed to comply with the rules and regulations of an adminis-
trative tribunal following entry of a final decision in response to
three or more summonses or other process, issued within an eighteen
month period, charging that: (i) such motor vehicle was parked, stopped
or standing, or that such motor vehicle was operated for hire by the
registrant or his or her agent without being licensed as a motor vehicle
for hire by the appropriate local authority, in violation of any of the
provisions of this chapter or of any law, ordinance, rule or regulation
made by a local authority; or (ii) the registrant was liable in accord-
ance with section eleven hundred eleven-d of this chapter for a
violation of subdivision (d) of section eleven hundred eleven of this
chapter; or (iii) the registrant was liable in accordance with section
eleven hundred eighty-b of this chapter for violations of subdivision
(b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
S. 4682--A 61
ter,[,] or the registrant was liable in accordance with section eleven
hundred eighty-d of this chapter for violations of subdivision (b), (c),
(d), (f) or (g) of section eleven hundred eighty of this chapter; or
(iv) the registrant was liable in accordance with section eleven hundred
eleven-e of this chapter for a violation of subdivision (d) of section
eleven hundred eleven of this chapter; or (v) THE REGISTRANT WAS LIABLE
IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER FOR A
VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED
EIGHTY OF THIS CHAPTER; OR (VI) the registrant was liable in accordance
with section eleven hundred seventy-four-a of this chapter for a
violation of section eleven hundred seventy-four of this chapter, the
commissioner or his or her agent shall deny the registration or renewal
application until the applicant provides proof from the court or admin-
istrative tribunal wherein the charges are pending that an appearance or
answer has been made or in the case of an administrative tribunal that
he or she has complied with the rules and regulations of said tribunal
following entry of a final decision. Where an application is denied
pursuant to this section, the commissioner may, in his or her
discretion, deny a registration or renewal application to any other
person for the same vehicle and may deny a registration or renewal
application for any other motor vehicle registered in the name of the
applicant where the commissioner has determined that such registrant's
intent has been to evade the purposes of this subdivision and where the
commissioner has reasonable grounds to believe that such registration or
renewal will have the effect of defeating the purposes of this subdivi-
sion. Such denial shall only remain in effect as long as the summonses
remain unanswered, or in the case of an administrative tribunal, the
registrant fails to comply with the rules and regulations following
entry of a final decision.
§ 11-e. Paragraph a of subdivision 5-a of section 401 of the vehicle
and traffic law, as separately amended by section 8-d of chapter 145 and
section 11-d of chapter 148 of the laws of 2019, is amended to read as
follows:
a. If at the time of application for a registration or renewal thereof
there is a certification from a court or administrative tribunal of
appropriate jurisdiction that the registrant or his or her represen-
tative failed to appear on the return date or any subsequent adjourned
date or failed to comply with the rules and regulations of an adminis-
trative tribunal following entry of a final decision in response to
three or more summonses or other process, issued within an eighteen
month period, charging that such motor vehicle was parked, stopped or
standing, or that such motor vehicle was operated for hire by the regis-
trant 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 the registrant was liable in accordance
with section eleven hundred eighty-d of this chapter for violations of
subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty
of this chapter, or the registrant was liable in accordance with section
eleven hundred eleven-d of this chapter for a violation of subdivision
(d) of section eleven hundred eleven of this chapter, or the registrant
was liable in accordance with section eleven hundred eleven-e of this
chapter for a violation of subdivision (d) of section eleven hundred
eleven of this chapter, OR THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER FOR A VIOLATION OF
SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF
S. 4682--A 62
THIS CHAPTER, or the registrant was liable in accordance with section
eleven hundred seventy-four-a of this chapter for a violation of section
eleven hundred seventy-four of this chapter, the commissioner or his or
her agent shall deny the registration or renewal application until the
applicant provides proof from the court or administrative tribunal wher-
ein the charges are pending that an appearance or answer has been made
or in the case of an administrative tribunal that he or she has complied
with the rules and regulations of said tribunal following entry of a
final decision. Where an application is denied pursuant to this section,
the commissioner may, in his or her discretion, deny a registration or
renewal application to any other person for the same vehicle and may
deny a registration or renewal application for any other motor vehicle
registered in the name of the applicant where the commissioner has
determined that such registrant's intent has been to evade the purposes
of this subdivision and where the commissioner has reasonable grounds to
believe that such registration or renewal will have the effect of
defeating the purposes of this subdivision. Such denial shall only
remain in effect as long as the summonses remain unanswered, or in the
case of an administrative tribunal, the registrant fails to comply with
the rules and regulations following entry of a final decision.
§ 11-f. Paragraph a of subdivision 5-a of section 401 of the vehicle
and traffic law, as separately amended by section 8-f of chapter 145 and
section 11-f of chapter 148 of the laws of 2019, is amended to read as
follows:
a. If at the time of application for a registration or renewal thereof
there is a certification from a court or administrative tribunal of
appropriate jurisdiction that the registrant or his or her represen-
tative failed to appear on the return date or any subsequent adjourned
date or failed to comply with the rules and regulations of an adminis-
trative tribunal following entry of a final decision in response to
three or more summonses or other process, issued within an eighteen
month period, charging that such motor vehicle was parked, stopped or
standing, or that such motor vehicle was operated for hire by the regis-
trant 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 the registrant was liable in accordance
with section eleven hundred eighty-d of this chapter for violations of
subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty
of this chapter, or the registrant was liable in accordance with section
eleven hundred eleven-e of this chapter for a violation of subdivision
(d) of section eleven hundred eleven of this chapter, OR THE REGISTRANT
WAS LIABLE IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS
CHAPTER FOR A VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION
ELEVEN HUNDRED EIGHTY OF THIS CHAPTER, or the registrant was liable in
accordance with section eleven hundred seventy-four-a of this chapter
for a violation of section eleven hundred seventy-four of this chapter,
the commissioner or his or her agent shall deny the registration or
renewal application until the applicant provides proof from the court or
administrative tribunal wherein the charges are pending that an appear-
ance or answer has been made or in the case of an administrative tribu-
nal that he has complied with the rules and regulations of said tribunal
following entry of a final decision. Where an application is denied
pursuant to this section, the commissioner may, in his or her
discretion, deny a registration or renewal application to any other
person for the same vehicle and may deny a registration or renewal
S. 4682--A 63
application for any other motor vehicle registered in the name of the
applicant where the commissioner has determined that such registrant's
intent has been to evade the purposes of this subdivision and where the
commissioner has reasonable grounds to believe that such registration or
renewal will have the effect of defeating the purposes of this subdivi-
sion. Such denial shall only remain in effect as long as the summonses
remain unanswered, or in the case of an administrative tribunal, the
registrant fails to comply with the rules and regulations following
entry of a final decision.
§ 11-g. Paragraph a of subdivision 5-a of section 401 of the vehicle
and traffic law, as separately amended by section 8-g of chapter 145 and
section 11-g of chapter 148 of the laws of 2019, is amended to read as
follows:
a. If at the time of application for a registration or renewal thereof
there is a certification from a court or administrative tribunal of
appropriate jurisdiction that the registrant or his OR HER represen-
tative failed to appear on the return date or any subsequent adjourned
date or failed to comply with the rules and regulations of an adminis-
trative tribunal following entry of a final decision in response to
three or more summonses or other process, issued within an eighteen
month period, charging that such motor vehicle was parked, stopped or
standing, or that such motor vehicle was operated for hire by the regis-
trant 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 the registrant was liable in accordance
with section eleven hundred seventy-four-a of this chapter for a
violation of section eleven hundred seventy-four of this chapter, or the
registrant was liable in accordance with section eleven hundred eighty-d
of this chapter for violations of subdivision (b), (c), (d), (f) or (g)
of section eleven hundred eighty of this chapter, OR THE REGISTRANT WAS
LIABLE IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAP-
TER FOR A VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEV-
EN HUNDRED EIGHTY OF THIS CHAPTER, the commissioner or his OR HER agent
shall deny the registration or renewal application until the applicant
provides proof from the court or administrative tribunal wherein the
charges are pending that an appearance or answer has been made or in the
case of an administrative tribunal that he or she has complied with the
rules and regulations of said tribunal following entry of a final deci-
sion. Where an application is denied pursuant to this section, the
commissioner may, in his OR HER discretion, deny a registration or
renewal application to any other person for the same vehicle and may
deny a registration or renewal application for any other motor vehicle
registered in the name of the applicant where the commissioner has
determined that such registrant's intent has been to evade the purposes
of this subdivision and where the commissioner has reasonable grounds to
believe that such registration or renewal will have the effect of
defeating the purposes of this subdivision. Such denial shall only
remain in effect as long as the summonses remain unanswered, or in the
case of an administrative tribunal, the registrant fails to comply with
the rules and regulations following entry of a final decision.
§ 11-h. Paragraph a of subdivision 5-a of section 401 of the vehicle
and traffic law, as separately amended by chapters 339 and 592 of the
laws of 1987, is amended to read as follows:
a. If at the time of application for a registration or renewal thereof
there is a certification from a court or administrative tribunal of
S. 4682--A 64
appropriate jurisdiction that the registrant or his OR HER represen-
tative failed to appear on the return date or any subsequent adjourned
date or failed to comply with the rules and regulations of an adminis-
trative tribunal following entry of a final decision in response to
three or more summonses or other process, issued within an eighteen
month period, charging that such motor vehicle was parked, stopped or
standing, or that such motor vehicle was operated for hire by the regis-
trant 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 THE REGISTRANT WAS LIABLE IN ACCORDANCE
WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER FOR A VIOLATION OF
SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF
THIS CHAPTER, the commissioner or his OR HER agent shall deny the regis-
tration or renewal application until the applicant provides proof from
the court or administrative tribunal wherein the charges are pending
that an appearance or answer has been made or in the case of an adminis-
trative tribunal that he OR SHE has complied with the rules and regu-
lations of said tribunal following entry of a final decision. Where an
application is denied pursuant to this section, the commissioner may, in
his OR HER discretion, deny a registration or renewal application to any
other person for the same vehicle and may deny a registration or renewal
application for any other motor vehicle registered in the name of the
applicant where the commissioner has determined that such registrant's
intent has been to evade the purposes of this subdivision and where the
commissioner has reasonable grounds to believe that such registration or
renewal will have the effect of defeating the purposes of this subdivi-
sion. Such denial shall only remain in effect as long as the summonses
remain unanswered, or in the case of an administrative tribunal, the
registrant fails to comply with the rules and regulations following
entry of a final decision.
§ 12. 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 THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (B), (D), (F)
OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THE VEHICLE AND TRAFFIC LAW
PURSUANT TO A DEMONSTRATION PROGRAM ESTABLISHED PURSUANT TO SECTION
ELEVEN HUNDRED EIGHTY-E OF THE VEHICLE AND TRAFFIC LAW, IN ACCORDANCE
WITH THE PROVISIONS OF THIS ARTICLE.
§ 13. Section 1803 of the vehicle and traffic law is amended by adding
two new subdivisions 11 and 12 to read as follows:
11. EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH E OF SUBDIVISION ONE OF
THIS SECTION, WHERE THE COMMISSIONER OF TRANSPORTATION HAS ESTABLISHED A
DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A
VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUBDIVISION
(B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER, ANY
FINE OR PENALTY COLLECTED BY A COURT, JUDGE, MAGISTRATE OR OTHER OFFICER
FOR AN IMPOSITION OF LIABILITY WHICH OCCURS PURSUANT TO SUCH PROGRAM
SHALL BE PAID TO THE STATE COMPTROLLER WITHIN THE FIRST TEN DAYS OF THE
MONTH FOLLOWING COLLECTION. EVERY SUCH PAYMENT SHALL BE ACCOMPANIED BY A
STATEMENT IN SUCH FORM AND DETAIL AS THE COMPTROLLER SHALL PROVIDE. THE
S. 4682--A 65
COMPTROLLER SHALL PAY EIGHTY PERCENT OF ANY SUCH FINE OR PENALTY IMPOSED
FOR SUCH LIABILITY TO THE COMMISSIONER IN ACCORDANCE WITH THE SCHEDULE
BELOW, AND TWENTY PERCENT OF ANY SUCH FINE OR PENALTY TO THE CITY, TOWN
OR VILLAGE IN WHICH THE VIOLATION GIVING RISE TO THE LIABILITY OCCURRED.
ALL FINES, PENALTIES AND FORFEITURES PAID TO A CITY, TOWN OR VILLAGE
PURSUANT TO THE PROVISIONS OF THIS SUBDIVISION SHALL BE CREDITED TO THE
GENERAL FUND OF SUCH CITY, TOWN OR VILLAGE, UNLESS A DIFFERENT DISPOSI-
TION IS PRESCRIBED BY CHARTER, SPECIAL LAW, LOCAL LAW OR ORDINANCE.
WITH RESPECT TO THE PERCENTAGE OF FINES OR PENALTIES PAID TO THE COMMIS-
SIONER, NO LESS THAN SIXTY PERCENT SHALL BE DEDICATED TO WORK ZONE SAFE-
TY PROJECTS AFTER DEDUCTING THE EXPENSES NECESSARY TO ADMINISTER THE
DEMONSTRATION PROGRAM, PROVIDED THAT FUNDS PROVIDED PURSUANT TO THIS
SUBDIVISION SHALL ONLY BE USED TO SUPPLEMENT AND NOT SUPPLANT CURRENT
EXPENDITURES OF STATE OR LOCAL FUNDS ON WORK ZONE SAFETY PROJECTS. FOR
PURPOSES OF THIS SUBDIVISION, "WORK ZONE SAFETY PROJECTS" SHALL INCLUDE
BUT NOT BE LIMITED TO WORK ZONE SAFETY ENFORCEMENT, WORK ZONE MARKINGS,
RADAR SPEED DISPLAY SIGNS, AND POLICE MONITORING OF WORK ZONES PURSUANT
TO SECTION TWENTY-TWO OF THE TRANSPORTATION LAW. MONIES PAYABLE FROM THE
COMMISSIONER SHALL BE PAYABLE ON THE AUDIT AND WARRANT OF THE COMP-
TROLLER.
12. EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH E OF SUBDIVISION ONE OF
THIS SECTION, WHERE THE CHAIR OF THE NEW YORK STATE THRUWAY AUTHORITY
HAS ESTABLISHED A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON
THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH
SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF
THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS
CHAPTER, ANY FINE OR PENALTY COLLECTED BY A COURT, JUDGE, MAGISTRATE OR
OTHER OFFICER FOR AN IMPOSITION OF LIABILITY WHICH OCCURS PURSUANT TO
SUCH PROGRAM SHALL BE PAID TO THE STATE COMPTROLLER WITHIN THE FIRST TEN
DAYS OF THE MONTH FOLLOWING COLLECTION. EVERY SUCH PAYMENT SHALL BE
ACCOMPANIED BY A STATEMENT IN SUCH FORM AND DETAIL AS THE COMPTROLLER
SHALL PROVIDE. THE COMPTROLLER SHALL PAY EIGHTY PERCENT OF ANY SUCH FINE
OR PENALTY IMPOSED FOR SUCH LIABILITY TO THE THRUWAY AUTHORITY IN
ACCORDANCE WITH THE SCHEDULE BELOW, AND TWENTY PERCENT OF ANY SUCH FINE
OR PENALTY TO THE CITY, TOWN OR VILLAGE IN WHICH THE VIOLATION GIVING
RISE TO THE LIABILITY OCCURRED. FOR THE PURPOSES OF THIS SUBDIVISION,
THE TERM "THRUWAY AUTHORITY" SHALL MEAN THE NEW YORK STATE THRUWAY
AUTHORITY, A BODY CORPORATE AND POLITIC CONSTITUTING A PUBLIC CORPO-
RATION CREATED AND CONSTITUTED PURSUANT TO TITLE NINE OF ARTICLE TWO OF
THE PUBLIC AUTHORITIES LAW. ALL FINES, PENALTIES AND FORFEITURES PAID TO
A CITY, TOWN OR VILLAGE PURSUANT TO THE PROVISIONS OF THIS SUBDIVISION
SHALL BE CREDITED TO THE GENERAL FUND OF SUCH CITY, TOWN OR VILLAGE,
UNLESS A DIFFERENT DISPOSITION IS PRESCRIBED BY CHARTER, SPECIAL LAW,
LOCAL LAW OR ORDINANCE. WITH RESPECT TO THE PERCENTAGE OF FINES OR
PENALTIES PAID TO THE THRUWAY AUTHORITY, NO LESS THAN SIXTY PERCENT
SHALL BE DEDICATED TO IMPROVING WORK ZONE SAFETY PROJECTS AFTER DEDUCT-
ING THE EXPENSES NECESSARY TO ADMINISTER THE DEMONSTRATION PROGRAM,
PROVIDED THAT FUNDS PROVIDED PURSUANT TO THIS SUBDIVISION SHALL ONLY BE
USED TO SUPPLEMENT AND NOT SUPPLANT CURRENT EXPENDITURES OF STATE OR
LOCAL FUNDS ON WORK ZONE SAFETY PROJECTS. FOR PURPOSES OF THIS SUBDIVI-
SION, "WORK ZONE SAFETY PROJECTS" SHALL INCLUDE BUT NOT BE LIMITED TO
WORK ZONE SAFETY ENFORCEMENT, WORK ZONE MARKINGS, RADAR SPEED DISPLAY
SIGNS, AND POLICE MONITORING OF WORK ZONES PURSUANT TO SECTION TWENTY-
TWO OF THE TRANSPORTATION LAW. MONIES PAYABLE FROM THE COMMISSIONER
SHALL BE PAYABLE ON THE AUDIT AND WARRANT OF THE COMPTROLLER.
S. 4682--A 66
§ 14. 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 PREPARED UNDER THE AUTHORITY OF SECTION ELEVEN HUNDRED EIGHTY-E
OF THE VEHICLE AND TRAFFIC LAW.
§ 15. The purchase or lease of equipment for a demonstration program
pursuant to section 1180-e of the vehicle and traffic law shall be
subject to the provisions of section 103 of the general municipal law.
§ 16. For the purpose of informing and educating owners of motor
vehicles in this state, an agency or authority authorized to issue
notices of liability pursuant to the provisions of this act shall,
during the first thirty-day period in which the photo violation monitor-
ing systems are in operation pursuant to the provisions of this act,
issue a written warning in lieu of a notice of liability to all owners
of motor vehicles who would be held liable for failure of operators
thereof to comply with subdivision (b), (d), (f) or (g) of section elev-
en hundred eighty of the vehicle and traffic law in accordance with
section eleven hundred eighty-e of the vehicle and traffic law.
§ 17. This act shall take effect on the thirtieth day after it shall
have become a law and shall expire 5 years after such effective date
when upon such date the provisions of this act shall be deemed repealed;
and provided further that any rules necessary for the implementation of
this act on its effective date shall be promulgated on or before such
effective date, provided that:
(a) the amendments to subdivision 1 of section 235 of the vehicle and
traffic law made by section one of this act shall not affect the expira-
tion of such section and shall be deemed to expire therewith, when upon
such date the provisions of section one-a of this act shall take effect;
(a-1) the amendments to section 235 of the vehicle and traffic law
made by section one-a of this act shall not affect the expiration of
such section and shall be deemed to expire therewith, when upon such
date the provisions of section one-b of this act shall take effect;
(a-2) the amendments to section 235 of the vehicle and traffic law
made by section one-b of this act shall not affect the expiration of
such section and shall be deemed to expire therewith, when upon such
date the provisions of section one-c of this act shall take effect;
(a-3) the amendments to section 235 of the vehicle and traffic law
made by section one-c of this act shall not affect the expiration of
such section and shall be deemed to expire therewith, when upon such
date the provisions of section one-d of this act shall take effect;
(a-4) the amendments to section 235 of the vehicle and traffic law
made by section one-d of this act shall not affect the expiration of
such section and shall be deemed to expire therewith, when upon such
date the provisions of section one-e of this act shall take effect;
(a-5) the amendments to section 235 of the vehicle and traffic law
made by section one-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 one-f of this act shall take effect;
(a-6) the amendments to section 235 of the vehicle and traffic law
made by section one-f of this act shall not affect the expiration of
such section and shall be deemed to expire therewith, when upon such
date the provisions of section one-g of this act shall take effect;
(a-7) the amendments to section 235 of the vehicle and traffic law
made by section one-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 one-h of this act shall take effect;
S. 4682--A 67
(a-8) the amendments to section 235 of the vehicle and traffic law
made by section one-h of this act shall not affect the expiration of
such section and shall be deemed to expire therewith, when upon such
date the provisions of section one-i of this act shall take effect;
(b) the amendments to subdivision 1 of section 236 of the vehicle and
traffic law made by section two of this act shall not affect the expira-
tion of such subdivision and shall be deemed to expire therewith, when
upon such date the provisions of section two-a of this act shall take
effect;
(b-1) the amendments to subdivision 1 of section 236 of the vehicle
and traffic law made by section two-a of this act shall not affect the
expiration of such subdivision and shall be deemed to expire therewith,
when upon such date the provisions of section two-b of this act shall
take effect;
(b-2) the amendments to subdivision 1 of section 236 of the vehicle
and traffic law made by section two-b of this act shall not affect the
expiration of such subdivision and shall be deemed to expire therewith,
when upon such date the provisions of section two-c of this act shall
take effect;
(b-3) the amendments to subdivision 1 of section 236 of the vehicle
and traffic law made by section two-c of this act shall not affect the
expiration of such subdivision and shall be deemed to expire therewith,
when upon such date the provisions of section two-d of this act shall
take effect;
(b-4) the amendments to subdivision 1 of section 236 of the vehicle
and traffic law made by section two-d of this act shall not affect the
expiration of such subdivision and shall be deemed to expire therewith,
when upon such date the provisions of section two-e of this act shall
take effect;
(b-5) the amendments to subdivision 1 of section 236 of the vehicle
and traffic law made by section two-e of this act shall not affect the
expiration of such subdivision and shall be deemed to expire therewith,
when upon such date the provisions of section two-f of this act shall
take effect;
(b-6) the amendments to subdivision 1 of section 236 of the vehicle
and traffic law made by section two-f of this act shall not affect the
expiration of such subdivision and shall be deemed to expire therewith,
when upon such date the provisions of section two-g of this act shall
take effect;
(b-7) the amendments to subdivision 1 of section 236 of the vehicle
and traffic law made by section two-g of this act shall not affect the
expiration of such subdivision and shall be deemed to expire therewith,
when upon such date the provisions of section two-h of this act shall
take effect;
(c) the amendments to subdivision 10 of section 237 of the vehicle and
traffic law made by section three of this act shall not affect the expi-
ration of such subdivision and shall be deemed to expire therewith, when
upon such date the provisions of section three-a of this act shall take
effect;
(c-1) the amendments to paragraph f of subdivision 1 of section 239 of
the vehicle and traffic law made by section four of this act shall not
affect the expiration of such paragraph and shall be deemed to expire
therewith, when upon such date the provisions of section four-a of this
act shall take effect;
(c-2) the amendments to paragraph f of subdivision 1 of section 239 of
the vehicle and traffic law made by section four-a of this act shall not
S. 4682--A 68
affect the expiration of such paragraph and shall be deemed to expire
therewith, when upon such date the provisions of section four-b of this
act shall take effect;
(c-3) the amendments to paragraph f of subdivision 1 of section 239 of
the vehicle and traffic law made by section four-b of this act shall not
affect the expiration of such paragraph and shall be deemed to expire
therewith, when upon such date the provisions of section four-c of this
act shall take effect;
(c-4) the amendments to paragraph f of subdivision 1 of section 239 of
the vehicle and traffic law made by section four-c of this act shall not
affect the expiration of such paragraph and shall be deemed to expire
therewith, when upon such date the provisions of section four-d of this
act shall take effect;
(c-5) the amendments to paragraph f of subdivision 1 of section 239 of
the vehicle and traffic law made by section four-d of this act shall not
affect the expiration of such paragraph and shall be deemed to expire
therewith, when upon such date the provisions of section four-e of this
act shall take effect;
(c-6) the amendments to paragraph f of subdivision 1 of section 239 of
the vehicle and traffic law made by section four-e of this act shall not
affect the expiration of such paragraph and shall be deemed to expire
therewith, when upon such date the provisions of section four-f of this
act shall take effect;
(c-7) the amendments to paragraph f of subdivision 1 of section 239 of
the vehicle and traffic law made by section four-f of this act shall not
affect the expiration of such paragraph and shall be deemed to expire
therewith, when upon such date the provisions of section four-g of this
act shall take effect;
(c-8) the amendments to paragraph f of subdivision 1 of section 239 of
the vehicle and traffic law made by section four-g of this act shall not
affect the expiration of such paragraph and shall be deemed to expire
therewith, when upon such date the provisions of section four-h of this
act shall take effect;
(d) the amendments to subdivisions 1 and 1-a of section 240 of the
vehicle and traffic law made by section five of this act shall not
affect the expiration of such subdivisions and shall be deemed to expire
therewith, when upon such date the provisions of section five-a of this
act shall take effect;
(d-1) the amendments to subdivisions 1 and 1-a of section 240 of the
vehicle and traffic law made by section five-a of this act shall not
affect the expiration of such subdivisions and shall be deemed to expire
therewith, when upon such date the provisions of section five-b of this
act shall take effect;
(d-2) the amendments to subdivisions 1 and 1-a of section 240 of the
vehicle and traffic law made by section five-b of this act shall not
affect the expiration of such subdivisions and shall be deemed to expire
therewith, when upon such date the provisions of section five-c of this
act shall take effect;
(d-3) the amendments to subdivisions 1 and 1-a of section 240 of the
vehicle and traffic law made by section five-c of this act shall not
affect the expiration of such subdivisions and shall be deemed to expire
therewith, when upon such date the provisions of section five-d of this
act shall take effect;
(d-4) the amendments to subdivisions 1 and 1-a of section 240 of the
vehicle and traffic law made by section five-d of this act shall not
affect the expiration of such subdivisions and shall be deemed to expire
S. 4682--A 69
therewith, when upon such date the provisions of section five-e of this
act shall take effect;
(d-5) the amendments to subdivisions 1 and 1-a of section 240 of the
vehicle and traffic law made by section five-e of this act shall not
affect the expiration of such subdivisions and shall be deemed to expire
therewith, when upon such date the provisions of section five-f of this
act shall take effect;
(d-6) the amendments to subdivisions 1 and 1-a of section 240 of the
vehicle and traffic law made by section five-f of this act shall not
affect the expiration of such subdivisions and shall be deemed to expire
therewith, when upon such date the provisions of section five-g of this
act shall take effect;
(d-7) the amendments to subdivision 1 of section 240 of the vehicle
and traffic law made by section five-g of this act shall not affect the
expiration of such subdivision and shall be deemed to expire therewith,
when upon such date the provisions of section five-h of this act shall
take effect;
(d-8) the amendments to subdivision 1-a of section 240 of the vehicle
and traffic law made by section five-h of this act shall not affect the
expiration of such subdivision and shall be deemed to expire therewith,
when upon such date the provisions of section five-i of this act shall
take effect;
(e) the amendments to paragraphs a and g of subdivision 2 of section
240 of the vehicle and traffic law made by section six of this act shall
not affect the expiration of such paragraphs and shall be deemed to
expire therewith, when upon such date the provisions of section six-a of
this act shall take effect;
(e-1) the amendments to paragraphs a and g of subdivision 2 of section
240 of the vehicle and traffic law made by section six-a of this act
shall not affect the expiration of such paragraphs and shall be deemed
to expire therewith, when upon such date the provisions of section six-b
of this act shall take effect;
(e-2) the amendments to paragraphs a and g of subdivision 2 of section
240 of the vehicle and traffic law made by section six-b of this act
shall not affect the expiration of such paragraphs and shall be deemed
to expire therewith, when upon such date the provisions of section six-c
of this act shall take effect;
(e-3) the amendments to paragraphs a and g of subdivision 2 of section
240 of the vehicle and traffic law made by section six-c of this act
shall not affect the expiration of such paragraphs and shall be deemed
to expire therewith, when upon such date the provisions of section six-d
of this act shall take effect;
(e-4) the amendments to paragraphs a and g of subdivision 2 of section
240 of the vehicle and traffic law made by section six-d of this act
shall not affect the expiration of such paragraphs and shall be deemed
to expire therewith, when upon such date the provisions of section six-e
of this act shall take effect;
(e-5) the amendments to paragraphs a and g of subdivision 2 of section
240 of the vehicle and traffic law made by section six-e of this act
shall not affect the expiration of such paragraphs and shall be deemed
to expire therewith, when upon such date the provisions of section six-f
of this act shall take effect;
(e-6) the amendments to paragraphs a and g of subdivision 2 of section
240 of the vehicle and traffic law made by section six-f of this act
shall not affect the expiration of such paragraphs and shall be deemed
S. 4682--A 70
to expire therewith, when upon such date the provisions of section six-g
of this act shall take effect;
(e-7) the amendments to paragraphs a and g of subdivision 2 of section
240 of the vehicle and traffic law made by section six-g of this act
shall not affect the expiration of such paragraphs and shall be deemed
to expire therewith, when upon such date the provisions of section six-h
of this act shall take effect;
(f) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
cle and traffic law made by section seven of this act shall not affect
the expiration of such subdivisions and shall be deemed to expire there-
with, when upon such date the provisions of section seven-a of this act
shall take effect;
(f-1) the amendments to subdivisions 1 and 2 of section 241 of the
vehicle and traffic law made by section seven-a of this act shall not
affect the expiration of such subdivisions and shall be deemed to expire
therewith, when upon such date the provisions of section seven-b of this
act shall take effect;
(f-2) the amendments to subdivisions 1 and 2 of section 241 of the
vehicle and traffic law made by section seven-b of this act shall not
affect the expiration of such subdivisions and shall be deemed to expire
therewith, when upon such date the provisions of section seven-c of this
act shall take effect;
(f-3) the amendments to subdivisions 1 and 2 of section 241 of the
vehicle and traffic law made by section seven-c of this act shall not
affect the expiration of such subdivisions and shall be deemed to expire
therewith, when upon such date the provisions of section seven-d of this
act shall take effect;
(f-4) the amendments to subdivisions 1 and 2 of section 241 of the
vehicle and traffic law made by section seven-d of this act shall not
affect the expiration of such subdivisions and shall be deemed to expire
therewith, when upon such date the provisions of section seven-e of this
act shall take effect;
(f-5) the amendments to subdivisions 1 and 2 of section 241 of the
vehicle and traffic law made by section seven-e of this act shall not
affect the expiration of such subdivisions and shall be deemed to expire
therewith, when upon such date the provisions of section seven-f of this
act shall take effect;
(f-6) the amendments to subdivisions 1 and 2 of section 241 of the
vehicle and traffic law made by section seven-f of this act shall not
affect the expiration of such subdivisions and shall be deemed to expire
therewith, when upon such date the provisions of section seven-g of this
act shall take effect;
(f-7) the amendments to subdivisions 1 and 2 of section 241 of the
vehicle and traffic law made by section seven-g of this act shall not
affect the expiration of such subdivisions and shall be deemed to expire
therewith, when upon such date the provisions of sections seven-h and
seven-i of this act shall take effect;
(g) the amendments to the opening paragraph and paragraph (c) of
subdivision 1 of section 1809 of the vehicle and traffic law made by
section nine 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 nine-a of this act shall take effect;
(g-1) the amendments to the opening paragraph and paragraph (c) of
subdivision 1 of section 1809 of the vehicle and traffic law made by
section nine-a of this act shall not affect the expiration of such
S. 4682--A 71
section and shall be deemed to expire therewith, when upon such date the
provisions of section nine-b of this act shall take effect;
(g-2) the amendments to subdivision 1 of section 1809 of the vehicle
and traffic law made by section nine-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 nine-c of this act shall take
effect;
(g-3) the amendments to subdivision 1 of section 1809 of the vehicle
and traffic law made by section nine-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 nine-d of this act shall take
effect;
(g-4) the amendments to subdivision 1 of section 1809 of the vehicle
and traffic law made by section nine-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 nine-e of this act shall take
effect;
(g-5) the amendments to subdivision 1 of section 1809 of the vehicle
and traffic law made by section nine-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 nine-f of this act shall take
effect;
(g-6) the amendments to subdivision 1 of section 1809 of the vehicle
and traffic law made by section nine-f 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 nine-g of this act shall take
effect;
(g-7) the amendments to subdivision 1 of section 1809 of the vehicle
and traffic law made by section nine-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 nine-h of this act shall take
effect;
(h) the amendments to paragraph a of subdivision 1 of section 1809-e
of the vehicle and traffic law made by section ten 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 ten-a of this
act shall take effect;
(h-1) the amendments to section 1809-e of the vehicle and traffic law
made by section ten-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 ten-b of this act shall take effect;
(h-2) the amendments to section 1809-e of the vehicle and traffic law
made by section ten-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 ten-c of this act shall take effect;
(h-3) the amendments to section 1809-e of the vehicle and traffic law
made by section ten-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 ten-d of this act shall take effect;
(h-4) the amendments to section 1809-e of the vehicle and traffic law
made by section ten-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 ten-e of this act shall take effect;
(h-5) the amendments to section 1809-e of the vehicle and traffic law
made by section ten-e of this act shall not affect the expiration of
S. 4682--A 72
such section and shall be deemed to expire therewith, when upon such
date the provisions of section ten-f of this act shall take effect;
(h-6) the amendments to section 1809-e of the vehicle and traffic law
made by section ten-f 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 ten-g of this act shall take effect;
(i) the amendments to subparagraph (i) of paragraph a of subdivision
5-a of of section 401 of the vehicle and traffic law made by section
eleven 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 eleven-a of this act shall take effect;
(i-1) the amendments to subparagraph (i) of paragraph a of subdivision
5-a of section 401 of the vehicle and traffic law made by section
eleven-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 eleven-b of this act shall take effect;
(i-2) the amendments to section 401 of the vehicle and traffic law
made by section eleven-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 eleven-c of this act shall take effect;
(i-3) the amendments to section 401 of the vehicle and traffic law
made by section eleven-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 eleven-d of this act shall take effect;
(i-4) the amendments to section 401 of the vehicle and traffic law
made by section eleven-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 eleven-e of this act shall take effect;
(i-5) the amendments to section 401 of the vehicle and traffic law
made by section eleven-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 eleven-f of this act shall take effect;
(i-6) the amendments to section 401 of the vehicle and traffic law
made by section eleven-f 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 eleven-g of this act shall take effect;
and
(i-7) the amendments to section 401 of the vehicle and traffic law
made by section eleven-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 eleven-h of this act shall take effect.