|
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
|---|---|
| Jun 03, 2024 |
print number 8902c |
| Jun 03, 2024 |
amend and recommit to transportation |
| Apr 26, 2024 |
print number 8902b |
| Apr 26, 2024 |
amend (t) and recommit to transportation |
| Mar 14, 2024 |
print number 8902a |
| Mar 14, 2024 |
amend (t) and recommit to transportation |
| Jan 26, 2024 |
referred to transportation |
Assembly Bill A8902C
2023-2024 Legislative Session
Relates to owner liability for failure of an operator to comply with street cleaning parking rules
download bill text pdfSponsored By
CUNNINGHAM
Current Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
2023-A8902 - Details
- See Senate Version of this Bill:
- S8756
- Current Committee:
- Assembly Transportation
- Law Section:
- Vehicle and Traffic Law
- Laws Affected:
- Amd V & T L, generally; amd §87, Pub Off L
2023-A8902 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
8902
I N A S S E M B L Y
January 26, 2024
___________
Introduced by M. of A. CUNNINGHAM -- read once and referred to the
Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to owner
liability for failure of an operator to comply with street cleaning-
related local law or traffic regulations; to amend the public officers
law, in relation to access to records prepared pursuant to street
cleaning-related local law or traffic regulation restrictions; and
providing for the repeal of certain provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The vehicle and traffic law is amended by adding a new
section 1111-h to read as follows:
§ 1111-H. OWNER LIABILITY FOR FAILURE OF OPERATOR TO COMPLY WITH
STREET CLEANING-RELATED TRAFFIC REGULATIONS. (A) 1. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW, THE CITY OF NEW YORK IS HEREBY AUTHORIZED AND
EMPOWERED TO ESTABLISH A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABIL-
ITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO
COMPLY WITH STREET CLEANING-RELATED TRAFFIC REGULATIONS, IN ACCORDANCE
WITH THE PROVISIONS OF THIS SECTION. THE NEW YORK CITY DEPARTMENT OF
TRANSPORTATION AND/OR THE NEW YORK CITY DEPARTMENT OF SANITATION, FOR
PURPOSES OF THE IMPLEMENTATION OF SUCH PROGRAM, SHALL OPERATE STREET
CLEANING-RELATED PHOTO DEVICES THAT MAY BE STATIONARY OR MOBILE AND
SHALL BE ACTIVATED AT LOCATIONS DETERMINED BY SUCH DEPARTMENT OF TRANS-
PORTATION AND/OR ON STREET CLEANING VEHICLES SELECTED BY SUCH DEPARTMENT
OF TRANSPORTATION IN CONSULTATION WITH THE NEW YORK CITY DEPARTMENT OF
SANITATION.
2. ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED
IMAGES CAPTURED BY STREET CLEANING-RELATED PHOTO DEVICES SHALL BE INAD-
MISSIBLE IN ANY DISCIPLINARY PROCEEDING CONVENED BY THE DEPARTMENT OF
SANITATION OR ANY SUBSIDIARY THEREOF AND ANY PROCEEDING INITIATED BY THE
DEPARTMENT INVOLVING LICENSURE PRIVILEGES OF STREET CLEANING VEHICLE
OPERATORS. ANY MOBILE STREET CLEANING-RELATED PHOTO DEVICE MOUNTED ON A
STREET CLEANING VEHICLE SHALL BE DIRECTED OUTWARDLY FROM SUCH VEHICLE TO
CAPTURE IMAGES OF VEHICLES OPERATED IN VIOLATION OF STREET CLEANING-RE-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13521-01-3 A. 8902 2 LATED TRAFFIC REGULATIONS, AND IMAGES PRODUCED BY SUCH DEVICE SHALL NOT BE USED FOR ANY OTHER PURPOSE IN THE ABSENCE OF A COURT ORDER REQUIRING SUCH IMAGES TO BE PRODUCED. 3. (I) THE CITY OF NEW YORK SHALL ADOPT AND ENFORCE MEASURES TO PROTECT THE PRIVACY OF DRIVERS, PASSENGERS, PEDESTRIANS AND CYCLISTS WHOSE IDENTITY AND IDENTIFYING INFORMATION MAY BE CAPTURED BY A STREET CLEANING-RELATED PHOTO DEVICE. SUCH MEASURES SHALL INCLUDE: (A) UTILIZATION OF NECESSARY TECHNOLOGIES TO ENSURE, TO THE EXTENT PRACTICABLE, THAT PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY SUCH STREET CLEANING-RELATED PHOTO DEVICES SHALL NOT INCLUDE IMAGES THAT IDENTIFY THE DRIVER, THE PASSENGERS, OR THE CONTENTS OF THE VEHICLE. PROVIDED, HOWEVER, THAT NO NOTICE OF LIABILITY ISSUED PURSUANT TO THIS SECTION SHALL BE DISMISSED SOLELY BECAUSE SUCH A PHOTOGRAPH, MICROPHOTOGRAPH, VIDEOTAPE OR OTHER RECORDED IMAGE ALLOWS FOR THE IDENTIFICATION OF THE DRIVER, THE PASSENGERS, OR THE CONTENTS OF A VEHICLE WHERE THE CITY SHOWS THAT IT MADE REASONABLE EFFORTS TO COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH IN SUCH CASE; (B) THE INSTALLATION OF SIGNAGE THAT IS CLEARLY VISIBLE TO DRIVERS AT REGULAR INTERVALS ALONG AND ADJACENT TO ROADWAYS UPON WHICH MOBILE AND/OR STATIONARY STREET CLEANING-RELATED PHOTO DEVICES ARE OPERATED PURSUANT TO A DEMONSTRATION PROGRAM AUTHORIZED PURSUANT TO THIS SECTION STATING THAT MOBILE AND/OR STATIONARY STREET CLEANING-RELATED PHOTO DEVICES ARE USED TO ENFORCE STREET CLEANING-RELATED TRAFFIC REGULATIONS, IN CONFORMANCE WITH STANDARDS ESTABLISHED IN THE MUTCD; AND (C) OVERSIGHT PROCEDURES TO ENSURE COMPLIANCE WITH THE PRIVACY PROTECTION MEASURES UNDER THIS SUBDIVISION. (II) PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR ANY OTHER RECORDED IMAGE FROM A STREET CLEANING-RELATED PHOTO DEVICE SHALL BE FOR THE EXCLUSIVE USE OF THE CITY OF NEW YORK FOR THE PURPOSE OF THE ADJUDI- CATION 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 SUCH CITY 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, PHOTO- GRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR ANY OTHER RECORDED IMAGE FROM A STREET CLEANING-RELATED PHOTO DEVICE 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 A. 8902 3 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. (III) THE DEMONSTRATION PROGRAM AUTHORIZED PURSUANT TO THIS SECTION IS PROHIBITED FROM UTILIZING AND FROM ARRANGING FOR THE UTILIZATION OF BIOMETRIC IDENTIFYING TECHNOLOGY, INCLUDING BUT NOT LIMITED TO FACIAL RECOGNITION TECHNOLOGY, FOR ANY PURPOSE. THE USE, AND THE ARRANGEMENT FOR THE USE, OF BIOMETRIC IDENTIFYING TECHNOLOGY, INCLUDING BUT NOT LIMITED TO FACIAL RECOGNITION TECHNOLOGY, ON PHOTOGRAPHS, MICROPHOTO- GRAPHS, VIDEOTAPE, OR ANY OTHER RECORDED IMAGE OR DATA PRODUCED BY A STREET CLEANING-RELATED PHOTO DEVICE, BY ANY PERSON FOR ANY PURPOSE, ARE PROHIBITED. FOR PURPOSES OF THIS SUBPARAGRAPH, "PERSON" SHALL INCLUDE, BUT NOT BE LIMITED TO, A HUMAN BEING, A PUBLIC OR PRIVATE CORPORATION, AN UNINCORPORATED ASSOCIATION, A PARTNERSHIP, A GOVERNMENT OR A GOVERN- MENTAL INSTRUMENTALITY, A COURT OR AN ADMINISTRATIVE OR ADJUDICATORY BODY, AND ANY EMPLOYEE, OFFICER, AND AGENT OF THE FOREGOING. (IV) EVERY STREET CLEANING VEHICLE UPON WHICH A MOBILE STREET CLEAN- ING-RELATED PHOTO DEVICE IS INSTALLED AND OPERATED PURSUANT TO A DEMON- STRATION PROGRAM AUTHORIZED PURSUANT TO THIS SECTION SHALL BE EQUIPPED WITH SIGNS, PLACARDS OR OTHER DISPLAYS GIVING NOTICE TO APPROACHING MOTOR VEHICLE OPERATORS THAT STREET CLEANING-RELATED PHOTO DEVICES ARE USED TO ENFORCE STREET CLEANING-RELATED TRAFFIC REGULATIONS. (B) WARNING NOTICES OF VIOLATION SHALL BE ISSUED DURING THE FIRST SIXTY DAYS THAT STREET CLEANING-RELATED PHOTO DEVICES PURSUANT TO A DEMONSTRATION PROGRAM AUTHORIZED BY THIS SECTION ARE ACTIVE AND IN OPER- ATION. (C) IF THE CITY OF NEW YORK HAS ESTABLISHED 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, IN VIOLATION OF ANY STREET CLEANING-RELATED TRAFFIC REGU- LATIONS AND SUCH VIOLATION IS EVIDENCED BY INFORMATION OBTAINED FROM A STREET CLEANING-RELATED PHOTO DEVICE; 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 SUCH STREET CLEANING-RELATED TRAFFIC REGULATION. A. 8902 4 (D) FOR PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 1. "OWNER" SHALL HAVE THE MEANING PROVIDED IN ARTICLE TWO-B OF THIS CHAPTER. 2. "STREET CLEANING-RELATED PHOTO DEVICE" SHALL MEAN A DEVICE THAT IS CAPABLE OF OPERATING INDEPENDENTLY OF AN ENFORCEMENT OFFICER AND PRODUC- ES ONE OR MORE IMAGES OF EACH VEHICLE AT THE TIME IT IS IN VIOLATION OF A STREET CLEANING-RELATED TRAFFIC REGULATION. 3. "STREET CLEANING-RELATED TRAFFIC REGULATIONS" SHALL MEAN THE FOLLOWING PROVISIONS SET FORTH IN CHAPTER FOUR OF TITLE THIRTY-FOUR OF THE RULES OF THE CITY OF NEW YORK, ADOPTED PURSUANT TO SECTION SIXTEEN HUNDRED FORTY-TWO OF THIS CHAPTER: 4-08(D)(1), VIOLATION OF POSTED NO PARKING RULES PROHIBITED. 4. "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. 5. "BIOMETRIC IDENTIFYING TECHNOLOGY" SHALL MEAN ANY TOOL USING AN AUTOMATED OR SEMI-AUTOMATED PROCESS THAT ASSISTS IN VERIFYING A PERSON'S IDENTITY BASED ON A PERSON'S BIOMETRIC INFORMATION. 6. "BIOMETRIC INFORMATION" SHALL MEAN ANY MEASURABLE PHYSICAL, PHYSIO- LOGICAL OR BEHAVIORAL CHARACTERISTICS THAT ARE ATTRIBUTABLE TO A PERSON, INCLUDING BUT NOT LIMITED TO FACIAL CHARACTERISTICS, FINGERPRINT CHARAC- TERISTICS, HAND CHARACTERISTICS, EYE CHARACTERISTICS, VOCAL CHARACTER- ISTICS, AND ANY OTHER CHARACTERISTICS THAT CAN BE USED TO IDENTIFY A PERSON INCLUDING, BUT NOT LIMITED TO: FINGERPRINTS; HANDPRINTS; RETINA AND IRIS PATTERNS; DNA SEQUENCE; VOICE; GAIT; AND FACIAL GEOMETRY. 7. "FACIAL RECOGNITION" SHALL MEAN ANY TOOL USING AN AUTOMATED OR SEMI-AUTOMATED PROCESS THAT ASSISTS IN UNIQUELY IDENTIFYING OR VERIFYING A PERSON BY COMPARING AND ANALYZING PATTERNS BASED ON THE PERSON'S FACE. (E) A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY THE CITY OF NEW YORK IN WHICH THE CHARGED VIOLATION OCCURRED, OR A FACSIMILE THEREOF, BASED UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTO- GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY A STREET CLEAN- ING-RELATED PHOTO DEVICE, SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN. ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES EVIDENCING SUCH A VIOLATION SHALL BE AVAILABLE FOR INSPECTION IN ANY PROCEEDING TO ADJUDICATE THE LIABILITY FOR SUCH VIOLATION PURSUANT TO THIS SECTION. (F) AN OWNER LIABLE FOR A VIOLATION OF A STREET CLEANING-RELATED TRAF- FIC REGULATION PURSUANT TO A DEMONSTRATION PROGRAM ESTABLISHED PURSUANT TO THIS SECTION SHALL BE LIABLE FOR MONETARY PENALTIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND PENALTIES TO BE PROMULGATED BY THE PARKING VIOLATIONS BUREAU OF THE CITY OF NEW YORK. THE LIABILITY OF THE OWNER PURSUANT TO THIS SECTION SHALL NOT EXCEED FIFTY DOLLARS FOR A FIRST VIOLATION, ONE HUNDRED DOLLARS FOR A SECOND VIOLATION WITHIN A TWELVE- MONTH PERIOD, ONE HUNDRED FIFTY DOLLARS FOR A THIRD VIOLATION WITHIN A TWELVE-MONTH PERIOD, TWO HUNDRED DOLLARS FOR A FOURTH VIOLATION WITHIN A TWELVE-MONTH PERIOD, AND TWO HUNDRED FIFTY DOLLARS FOR EACH SUBSEQUENT VIOLATION WITHIN A TWELVE-MONTH PERIOD; PROVIDED, HOWEVER, THAT AN OWNER SHALL BE LIABLE FOR AN ADDITIONAL PENALTY NOT TO EXCEED TWENTY-FIVE DOLLARS FOR EACH VIOLATION FOR THE FAILURE TO RESPOND TO A NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME PERIOD. (G) AN IMPOSITION OF LIABILITY UNDER THE DEMONSTRATION PROGRAM ESTAB- LISHED PURSUANT TO SUBDIVISION (A) OF THIS SECTION SHALL NOT BE DEEMED A CONVICTION OF AN OPERATOR AND SHALL NOT BE MADE PART OF THE OPERATING A. 8902 5 RECORD OF THE PERSON UPON WHOM SUCH LIABILITY IS IMPOSED, NOR SHALL IT BE USED FOR INSURANCE PURPOSES IN THE PROVISION OF MOTOR VEHICLE INSUR- ANCE COVERAGE. (H) 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 A STREET CLEANING-RELATED TRAFFIC REGULATION. PERSONAL DELIVERY TO THE OWNER SHALL NOT BE REQUIRED. A MANUAL OR AUTOMATIC RECORD OF MAILING PREPARED IN THE ORDINARY COURSE OF BUSINESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN. 2. A NOTICE OF LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF A STREET CLEANING-RELATED TRAFFIC REGULATION, THE REGISTRATION NUMBER OF THE VEHICLE INVOLVED IN SUCH VIOLATION, THE LOCATION WHERE SUCH VIOLATION TOOK PLACE INCLUDING THE STREET ADDRESS OR CROSS STREETS, ONE OR MORE IMAGES IDENTIFYING THE VIOLATION, THE DATE AND TIME OF SUCH VIOLATION, THE IDENTIFICATION NUMBER OF THE STREET CLEANING-RELATED PHOTO DEVICE WHICH RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER, AND WHETHER THE DEVICE WAS STATIONARY OR MOBILE. IF THE STREET CLEANING-RE- LATED PHOTO DEVICE WAS MOBILE, AN IDENTITY OF THE VEHICLE CONTAINING SUCH STREET CLEANING-RELATED PHOTO DEVICE SHALL BE INCLUDED IN THE NOTICE. 3. THE NOTICE OF LIABILITY SHALL CONTAIN INFORMATION ADVISING THE PERSONS CHARGED OF THE MANNER AND THE TIME IN WHICH HE OR SHE MAY CONTEST THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO CONTAIN A WARNING TO ADVISE THE PERSONS CHARGED THAT FAILURE TO CONTEST IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF LIABILITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON. 4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE AGENCY OR AGENCIES DESIGNATED BY THE CITY OF NEW YORK, OR ANY OTHER ENTITY AUTHORIZED BY SUCH CITY TO PREPARE AND MAIL SUCH NOTICE OF LIABILITY. (I) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION SHALL BE CONDUCTED BY THE NEW YORK CITY PARKING VIOLATIONS BUREAU. (J) IF AN OWNER OF A VEHICLE RECEIVES A NOTICE OF LIABILITY PURSUANT TO THIS SECTION FOR ANY TIME PERIOD DURING WHICH SUCH VEHICLE WAS REPORTED TO THE POLICE DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE A VALID DEFENSE TO AN ALLEGATION OF LIABILITY FOR A VIOLATION OF A STREET CLEANING-RELATED TRAFFIC REGULATION PURSUANT TO THIS SECTION THAT THE VEHICLE HAD BEEN REPORTED TO THE POLICE AS STOLEN PRIOR TO THE TIME THE VIOLATION OCCURRED AND HAD NOT BEEN RECOVERED BY SUCH TIME. FOR PURPOSES OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION IT SHALL BE SUFFI- CIENT THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE STOLEN VEHICLE BE SENT BY FIRST CLASS MAIL TO THE PARKING VIOLATIONS BUREAU OF SUCH CITY. (K) 1. AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION (H) OF THIS SECTION SHALL NOT BE LIABLE FOR THE VIOLATION OF A STREET CLEANING-RELATED TRAFFIC REGULATION, PROVIDED THAT: (I) PRIOR TO THE VIOLATION, THE LESSOR HAS FILED WITH SUCH PARKING VIOLATIONS BUREAU IN ACCORDANCE WITH THE PROVISIONS OF SECTION TWO HUNDRED THIRTY-NINE OF THIS CHAPTER; AND (II) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM SUCH PARKING VIOLATIONS BUREAU OF THE DATE AND TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFORMATION CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY, THE LESSOR SUBMITS TO SUCH BUREAU THE CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE IDENTIFIED IN THE NOTICE OF LIABILITY AT THE TIME OF SUCH VIOLATION, TOGETHER WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN A. 8902 6 THE RENTAL, LEASE OR OTHER CONTRACT DOCUMENT, AS MAY BE REASONABLY REQUIRED BY SUCH BUREAU PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE. 2. FAILURE TO COMPLY WITH SUBPARAGRAPH (II) OF PARAGRAPH ONE OF THIS SUBDIVISION SHALL RENDER THE LESSOR LIABLE FOR THE PENALTY PRESCRIBED IN THIS SECTION. 3. WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF PARAGRAPH ONE OF THIS SUBDIVISION, THE LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH VIOLATION SHALL BE DEEMED TO BE THE OWNER OF SUCH VEHICLE FOR PURPOSES OF THIS SECTION, SHALL BE SUBJECT TO LIABILITY FOR SUCH VIOLATION PURSU- ANT TO THIS SECTION AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (H) OF THIS SECTION. (L) 1. IF THE OWNER LIABLE FOR A VIOLATION OF A STREET CLEANING-RELAT- ED TRAFFIC REGULATION PURSUANT TO THIS SECTION WAS NOT THE OPERATOR OF THE VEHICLE AT THE TIME OF SUCH VIOLATION, THE OWNER MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR. 2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO OWNER OF A VEHICLE SHALL BE SUBJECT TO A MONETARY FINE IMPOSED PURSUANT TO THIS SECTION IF THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH- OUT THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR FAILED TO OBEY A STREET CLEANING-RELATED TRAFFIC REGULATION. FOR PURPOSES OF THIS SUBDI- VISION THERE SHALL BE A PRESUMPTION THAT THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR FAILED TO OBEY A STREET CLEANING-RELATED TRAFFIC REGU- LATION. (M) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF A STREET CLEANING-RE- LATED TRAFFIC REGULATION. (N) IF THE CITY OF NEW YORK ADOPTS A DEMONSTRATION PROGRAM PURSUANT TO SUBDIVISION (A) OF THIS SECTION, SUCH CITY SHALL SUBMIT A REPORT ON THE RESULTS OF THE USE OF STREET CLEANING-RELATED PHOTO DEVICES TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY BY APRIL FIRST, TWO THOUSAND TWENTY-SIX AND EVERY TWO YEARS THEREAFTER. THE CITY OF NEW YORK SHALL ALSO MAKE SUCH REPORTS AVAILABLE ON ITS PUBLIC-FACING WEBSITES, PROVIDED THAT IT MAY PROVIDE AGGREGATE DATA FROM PARAGRAPH ONE OF THIS SUBDIVISION IF THE CITY FINDS THAT PUBLISHING SPECIFIC LOCATION DATA WOULD JEOPARDIZE PUBLIC SAFETY. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO: 1. A DESCRIPTION OF THE LOCATIONS AND/OR STREET CLEANING VEHICLES WHERE STREET CLEANING-RELATED PHOTO DEVICES WERE USED; 2. THE TOTAL NUMBER OF VIOLATIONS RECORDED ON A MONTHLY AND ANNUAL BASIS; 3. THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED; 4. THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID AFTER THE FIRST NOTICE OF LIABILITY; 5. THE NUMBER OF VIOLATIONS ADJUDICATED AND RESULTS OF SUCH ADJUDI- CATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE; 6. THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH CITY; 7. THE QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS; 8. THE TOTAL NUMBER OF CAMERAS BY TYPE OF CAMERA USED; AND 9. THE TOTAL COST TO SUCH CITY. (O) ANY REVENUE FROM FINES AND PENALTIES COLLECTED FROM ANY MOBILE STREET CLEANING-RELATED PHOTO DEVICES, SHALL BE REMITTED BY THE CITY OF NEW YORK TO BE DEPOSITED IN ANY FUND RELATED TO FUNDING THE DEPARTMENT OF SANITATION. A. 8902 7 (P) IT SHALL BE A DEFENSE TO ANY PROSECUTION FOR A VIOLATION OF A STREET CLEANING-RELATED TRAFFIC REGULATION PURSUANT TO A DEMONSTRATION PROGRAM ADOPTED PURSUANT TO SUBDIVISION (A) OF THIS SECTION THAT SUCH STREET CLEANING-RELATED PHOTO DEVICES WERE MALFUNCTIONING AT THE TIME OF THE ALLEGED VIOLATION. § 2. Subdivision 1 of section 235 of the vehicle and traffic law, as amended by section 2 of part MM of chapter 56 of the laws of 2023, 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: (a) to hear and determine complaints of traffic infractions constituting parking, standing or stopping violations, or (b) to adjudi- cate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with traffic-con- trol indications through the installation and operation of traffic-con- trol signal photo violation-monitoring systems, in accordance with arti- cle twenty-four of this chapter, or (c) to adjudicate the liability of owners for violations of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such posted maximum speed limits through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter, or (d) to adjudicate the liability of owners for violations of bus lane restrictions as defined by article twenty-four of this chapter imposed pursuant to a bus rapid transit program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such bus lane restrictions through the installa- tion and operation of bus lane photo devices, in accordance with article twenty-four of this chapter, or (e) to adjudicate the liability of owners for violations of toll collection regulations imposed by certain public authorities pursuant to the law authorizing such public authori- ties to impose monetary liability on the owner of a vehicle for failure of an operator thereof to comply with toll collection regulations of such public authorities through the installation and operation of photo-monitoring systems, in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, or (f) to adjudicate the liability of owners for violations of section eleven hundred seven- ty-four of this chapter when meeting a school bus marked and equipped as provided in subdivisions twenty and twenty-one-c of section three hundred seventy-five of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with school bus red visual signals through the installation and operation of school bus photo violation monitoring systems, in accordance with article twenty-nine of this chapter, or (g) to adjudicate the liability of owners for violations of section three hundred eighty-five of this chapter and the rules of the department of transportation of the city of New York in relation to gross vehicle weight and/or axle weight violations imposed pursuant to a weigh in motion demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof A. 8902 8 to comply with such gross vehicle weight and/or axle weight restrictions through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter, or (h) to adjudicate the liability of owners for violations of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such posted maximum speed limits within a highway construction or maintenance work area through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter, or (i) to adjudicate the liability of owners for violations of bus operation-related traffic regulations as defined by article twenty-four of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for fail- ure of an operator thereof to comply with such bus operation-related traffic regulations through the installation and operation of bus opera- tion-related photo devices, in accordance with article twenty-four of this chapter, OR (J) TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF STREET CLEANING-RELATED TRAFFIC REGULATIONS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IMPOSED PURSUANT TO A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAIL- URE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH STREET CLEANING-RELATED TRAFFIC REGULATIONS THROUGH THE INSTALLATION AND OPERATION OF STREET CLEANING-RELATED PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER, such tribunal and the rules and regulations pertaining thereto shall be constituted in substantial conformance with the follow- ing sections. § 3. Subdivision 1 of section 236 of the vehicle and traffic law, as amended by section 3 of part MM of chapter 56 of the laws of 2023, 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: (a) to adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with traffic-control indications through the installation and operation of traffic-control signal photo violation- monitoring systems, in accordance with article twenty-four of this chap- ter, or (b) to adjudicate the liability of owners for violations of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such posted maximum speed limits through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter, or (c) to adjudicate the liability of owners for violations of bus lane restrictions as defined by article twenty-four of this chapter imposed pursuant to a bus rapid transit program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such bus lane restrictions through the installation and operation of bus lane photo devices, in accordance with article twenty-four of this chapter, or (d) to adjudicate the liability of owners for violations of toll collection regulations imposed by certain public authorities pursuant to the law authorizing such public authorities to impose monetary liability on the A. 8902 9 owner of a vehicle for failure of an operator thereof to comply with toll collection regulations of such public authorities through the installation and operation of photo-monitoring systems, in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, or (e) to adjudicate the liability of owners for violations of section eleven hundred seventy-four of this chapter when meeting a school bus marked and equipped as provided in subdivisions twenty and twenty-one-c of section three hundred seventy-five of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with school bus red visual signals through the installation and operation of school bus photo violation monitoring systems, in accordance with article twenty-nine of this chapter, or (f) to adjudi- cate the liability of owners for violations of section three hundred eighty-five of this chapter and the rules of the department of transpor- tation of the city of New York in relation to gross vehicle weight and/or axle weight violations imposed pursuant to a weigh in motion demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such gross vehicle weight and/or axle weight restrictions through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter, or (g) to adjudicate the liability of owners for violations of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such posted maximum speed limits within a highway construction or maintenance work area through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter, or (h) to adjudicate the liability of owners for violations of bus oper- ation-related traffic regulations as defined by article twenty-four of this chapter imposed pursuant to a demonstration program imposing mone- tary liability on the owner of a vehicle for failure of an operator thereof to comply with such bus operation-related traffic regulations through the installation and operation of bus operation-related photo devices, in accordance with article twenty-four of this chapter, OR (I) TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF STREET CLEAN- ING-RELATED TRAFFIC REGULATIONS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IMPOSED PURSUANT TO A DEMONSTRATION PROGRAM IMPOSING MONE- TARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH STREET CLEANING-RELATED TRAFFIC REGU- LATIONS THROUGH THE INSTALLATION AND OPERATION OF STREET CLEANING-RE- LATED PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR 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 this article, "commissioner" shall mean and include the commissioner of traffic of the city or an official possessing authority as such a commissioner. § 4. Paragraph f of subdivision 1 of section 239 of the vehicle and traffic law, as amended by section 4 of part MM of chapter 56 of the laws of 2023, is amended to read as follows: A. 8902 10 f. "Notice of violation" means a notice of violation as defined in subdivision nine of section two hundred thirty-seven of this article, but shall not be deemed to include a notice of liability issued pursuant to authorization set forth in articles ten, twenty-four, twenty-nine and thirty of this chapter, section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty to impose monetary liability on the owner of a vehicle for failure of an operator thereof: to comply with traffic-control indi- cations in violation of subdivision (d) of section eleven hundred eleven of this chapter through the installation and operation of traffic-con- trol signal photo violation-monitoring systems, in accordance with arti- cle twenty-four of this chapter; or to comply with certain posted maxi- mum speed limits in violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter through the installa- tion and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; or to comply with bus lane restrictions as defined by article twenty-four of this chapter through the installation and operation of bus lane photo devices, in accordance with article twenty-four of this chapter; or to comply with toll collection regulations of certain public authorities through the installation and operation of photo-monitoring systems, in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty; or to stop for a school bus displaying a red visual signal in violation of section eleven hundred seventy-four of this chap- ter through the installation and operation of school bus photo violation monitoring systems, in accordance with article twenty-nine of this chap- ter; or to comply with certain posted maximum speed limits in violation of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter within a highway construction or maintenance work area through the installation and operation of photo speed violation monitor- ing systems, in accordance with article thirty of this chapter; or to comply with gross vehicle weight and/or axle weight restrictions in violation of section three hundred eighty-five of this chapter and the rules of the department of transportation of the city of New York through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; or to comply with bus operation-related traffic regulations as defined by article twenty-four of this chapter in violation of the rules of the department of transportation of the city of New York through the instal- lation and operation of bus operation-related photo devices, in accord- ance with article twenty-four of this chapter; OR TO COMPLY WITH STREET CLEANING-RELATED TRAFFIC REGULATIONS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IN VIOLATION OF THE RULES OF THE DEPARTMENT OF TRANSPOR- TATION OF THE CITY OF NEW YORK THROUGH THE INSTALLATION AND OPERATION OF STREET CLEANING-RELATED PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWEN- TY-FOUR OF THIS CHAPTER. § 5. Subdivisions 1, 1-a and the opening subparagraph of paragraph (a) of subdivision 1-b of section 240 of the vehicle and traffic law, as amended by section 5 of part MM of chapter 56 of the laws of 2023, 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 any provisions of law specifically authorizing the A. 8902 11 imposition of monetary liability on the owner of a vehicle for failure of an operator thereof: to comply with traffic-control indications in violation of subdivision (d) of section eleven hundred eleven of this chapter through the installation and operation of traffic-control signal photo violation-monitoring systems, in accordance with article twenty- four of this chapter; or to comply with certain posted maximum speed limits in violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter through the installation and oper- ation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; or to comply with bus lane restrictions as defined by article twenty-four of this chapter through the installa- tion and operation of bus lane photo devices, in accordance with article twenty-four of this chapter; or to comply with toll collection regu- lations of certain public authorities through the installation and oper- ation of photo-monitoring systems, in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty; or to stop for a school bus displaying a red visual signal in violation of section eleven hundred seventy-four of this chapter through the installation and operation of school bus photo violation monitoring systems, in accord- ance with article twenty-nine of this chapter; or to comply with certain posted maximum speed limits in violation of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter within a highway construction or maintenance work area through the installation and oper- ation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; or to comply with gross vehicle weight and/or axle weight restrictions in violation of section three hundred eighty-five of this chapter and the rules of the department of transpor- tation of the city of New York through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; or to comply with bus operation-related traffic regulations as defined by article twenty-four of this chapter in violation of the rules of the department of transportation of the city of New York through the installation and operation of bus operation-re- lated photo devices, in accordance with article twenty-four of this chapter; OR TO COMPLY WITH STREET CLEANING-RELATED TRAFFIC REGULATIONS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IN VIOLATION OF THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK THROUGH THE INSTALLATION AND OPERATION OF STREET CLEANING-RELATED PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR 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 provisions of law specifically authorizing the impo- sition of monetary liability on the owner of a vehicle for failure of an operator thereof: to comply with traffic-control indications in violation of subdivision (d) of section eleven hundred eleven of this chapter through the installation and operation of traffic-control signal A. 8902 12 photo violation-monitoring systems, in accordance with article twenty- four of this chapter; or to comply with certain posted maximum speed limits in violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter through the installation and oper- ation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; or to comply with bus lane restrictions as defined by article twenty-four of this chapter through the installa- tion and operation of bus lane photo devices, in accordance with article twenty-four of this chapter; or to comply with toll collection regu- lations of certain public authorities through the installation and oper- ation of photo-monitoring systems, in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty; or to stop for a school bus displaying a red visual signal in violation of section eleven hundred seventy-four of this chapter through the installation and operation of school bus photo violation monitoring systems, in accord- ance with article twenty-nine of this chapter; or to comply with certain posted maximum speed limits in violation of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter within a highway construction or maintenance work area through the installation and oper- ation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; or to comply with gross vehicle weight and/or axle weight restrictions in violation of section three hundred eighty-five of this chapter and the rules of the department of transpor- tation of the city of New York through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; or to comply with bus operation-related traffic regulations as defined by article twenty-four of this chapter in violation of the rules of the department of transportation of the city of New York through the installation and operation of bus operation-re- lated photo devices, in accordance with article twenty-four of this chapter; OR TO COMPLY WITH STREET CLEANING-RELATED TRAFFIC REGULATIONS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IN VIOLATION OF THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK THROUGH THE INSTALLATION AND OPERATION OF STREET CLEANING-RELATED PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR 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. In a city having a population of one million or more, at every hearing for the adjudication of a notice of liability, as provided by this arti- cle, there shall be a rebuttable presumption that the owner of a first- response emergency vehicle alleged to be liable in accordance with any provisions of law specifically authorizing the imposition of monetary liability on the owner of a vehicle for failure of an operator thereof: to comply with traffic-control indications in violation of subdivision (d) of section eleven hundred eleven of this chapter through the instal- lation and operation of traffic-control signal photo violation-monitor- ing systems, in accordance with article twenty-four of this chapter; or to comply with certain posted maximum speed limits in violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; or to comply with bus lane restrictions as defined by article A. 8902 13 twenty-four of this chapter through the installation and operation of bus lane photo devices, in accordance with article twenty-four of this chapter; or to comply with bus operation-related traffic regulations as defined by article twenty-four of this chapter in violation of the rules of the department of transportation of the city of New York through the installation and operation of bus operation-related photo devices, in accordance with article twenty-four of this chapter; OR TO COMPLY WITH STREET CLEANING-RELATED TRAFFIC REGULATIONS AS DEFINED BY ARTICLE TWEN- TY-FOUR OF THIS CHAPTER IN VIOLATION OF THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK THROUGH THE INSTALLATION AND OPERATION OF STREET CLEANING-RELATED PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER is not liable for such alleged violation if such owner of the first-response emergency vehicle provides the hearing officer with: § 6. Paragraphs a and g of subdivision 2 of section 240 of the vehicle and traffic law, as amended by section 6 of part MM of chapter 56 of the laws of 2023, are amended to read as follows: a. Every hearing for the adjudication of a charge of parking violation or an allegation of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with traffic-con- trol indications through the installation and operation of traffic-con- trol signal photo violation-monitoring systems, in accordance with arti- cle twenty-four of this chapter, or an allegation of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with certain posted maximum speed limits through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter, or an allegation of liability of an owner for a violation of bus lane restrictions as defined by article twenty-four of this chap- ter imposed pursuant to a bus rapid transit program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such bus lane restrictions through the installation and operation of bus lane photo devices, in accordance with article twenty- four of this chapter, or an allegation of liability of an owner for a violation of toll collection regulations imposed by certain public authorities pursuant to the law authorizing such public authorities to impose monetary liability on the owner of a vehicle for failure of an operator thereof to comply with toll collection regulations of such public authorities through the installation and operation of photo-moni- toring systems, in accordance with the provisions of section two thou- sand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, or an allegation of liability of an owner for a violation of section eleven hundred seventy-four of this chapter when meeting a school bus marked and equipped as provided in subdivisions twenty and twenty-one-c of section three hundred seventy- five of this chapter imposed pursuant to a local law or ordinance impos- ing monetary liability on the owner of a vehicle for failure of an oper- ator thereof to comply with school bus red visual signals through the installation and operation of school bus photo violation monitoring systems, in accordance with article twenty-nine of this chapter, or an allegation of liability of an owner for a violation of subdivision (b), A. 8902 14 (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with certain posted maximum speed limits within a highway construction or maintenance work area through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter, or an allegation of liability of an owner for a violation of section three hundred eighty-five of this chapter and the rules of the department of transportation of the city of New York in relation to gross vehicle weight and/or axle weight violations imposed pursuant to a weigh in motion demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such gross vehicle weight and/or axle weight restrictions through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter, or an allega- tion of liability of an owner for a violation of bus operation-related traffic regulations as defined by article twenty-four of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such bus operation-related traffic regulations through the instal- lation and operation of bus operation-related photo devices, in accord- ance with article twenty-four of this chapter, OR AN ALLEGATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF STREET CLEANING-RELATED TRAF- FIC REGULATIONS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IMPOSED PURSUANT TO A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH STREET CLEANING-RELATED TRAFFIC REGULATIONS THROUGH THE INSTALLATION AND OPERATION OF STREET CLEANING-RELATED PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER, shall be held before a hearing examiner in accordance with rules and regulations promulgated by the bureau. g. A record shall be made of a hearing on a plea of not guilty or of a hearing at which liability in accordance with any provisions of law specifically authorizing the imposition of monetary liability on the owner of a vehicle for failure of an operator thereof: to comply with traffic-control indications in violation of subdivision (d) of section eleven hundred eleven of this chapter through the installation and oper- ation of traffic-control signal photo violation-monitoring systems, in accordance with article twenty-four of this chapter; to comply with certain posted maximum speed limits in violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter through the installation and operation of photo speed violation monitor- ing systems, in accordance with article thirty of this chapter; to comply with bus lane restrictions as defined by article twenty-four of this chapter through the installation and operation of bus lane photo devices, in accordance with article twenty-four of this chapter; to comply with toll collection regulations of certain public authorities through the installation and operation of photo-monitoring systems, in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty; to stop for a school bus displaying a red visual signal in violation of section eleven hundred seventy-four of this chapter through the installation and operation of school bus photo violation monitoring systems, in accordance with article twenty-nine of this chapter; to comply with certain posted maximum speed limits in A. 8902 15 violation of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter within a highway construction or maintenance work area through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; to comply with gross vehicle weight and/or axle weight restrictions in violation of section three hundred eighty-five of this chapter and the rules of the department of transportation of the city of New York through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; or to comply with bus operation-related traffic regulations as defined by article twenty-four of this chapter in violation of the rules of the department of transportation of the city of New York through the instal- lation and operation of bus operation-related photo devices, in accord- ance with article twenty-four of this chapter; OR TO COMPLY WITH STREET CLEANING-RELATED TRAFFIC REGULATIONS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IN VIOLATION OF THE RULES OF THE DEPARTMENT OF TRANS- PORTATION OF THE CITY OF NEW YORK THROUGH THE INSTALLATION AND OPERATION OF STREET CLEANING-RELATED PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR 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 amended by section 7 of part MM of chapter 56 of the laws of 2023, 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 any provisions of law specifically authoriz- ing the imposition of monetary liability on the owner of a vehicle for failure of an operator thereof: to comply with traffic-control indi- cations in violation of subdivision (d) of section eleven hundred eleven of this chapter through the installation and operation of traffic-con- trol signal photo violation-monitoring systems, in accordance with arti- cle twenty-four of this chapter; to comply with certain posted maximum speed limits in violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; to comply with bus lane restrictions as defined by article twenty-four of this chapter through the installation and operation of bus lane photo devices, in accordance with article twenty-four of this chapter; to comply with toll collection regulations of certain public authorities through the installation and operation of photo-monitoring systems, in accordance with the provisions of section two thousand nine hundred eighty-five of the public authori- ties law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty; to stop for a school bus displaying a red visual signal in violation of section eleven hundred seventy-four of this chapter through the instal- lation and operation of school bus photo violation monitoring systems, in accordance with article twenty-nine of this chapter; to comply with certain posted maximum speed limits in violation of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter within a highway construction or maintenance work area through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; to comply with gross vehicle weight and/or axle weight restrictions in violation of section three hundred A. 8902 16 eighty-five of this chapter and the rules of the department of transpor- tation of the city of New York through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; [or] to comply with bus operation-related traffic regulations as defined by article twenty-four of this chapter in violation of the rules of the department of transportation of the city of New York through the installation and operation of bus operation-re- lated photo devices, in accordance with article twenty-four of this chapter; OR TO COMPLY WITH STREET CLEANING-RELATED TRAFFIC REGULATIONS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IN VIOLATION OF THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK THROUGH THE INSTALLATION AND OPERATION OF STREET CLEANING-RELATED PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR 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 any provisions of law specifically authorizing the imposition of monetary liability on the owner of a vehicle for failure of an operator thereof: to comply with traffic-control indications in violation of subdivision (d) of section eleven hundred eleven of this chapter through the installation and operation of traffic-control signal photo viola- tion-monitoring systems, in accordance with article twenty-four of this chapter; to comply with certain posted maximum speed limits in violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; to comply with bus lane restrictions as defined by article twenty-four of this chapter through the installation and operation of bus lane photo devices, in accordance with article twenty-four of this chapter; to comply with toll collection regulations of certain public authorities through the installation and operation of photo-monitoring systems, in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty; to stop for a school bus display- ing a red visual signal in violation of section eleven hundred seventy- four of this chapter through the installation and operation of school bus photo violation monitoring systems, in accordance with article twen- ty-nine of this chapter; to comply with certain posted maximum speed limits in violation of subdivision (b), (d), (f) or (g) of section elev- en hundred eighty of this chapter within a highway construction or main- tenance work area through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; to comply with gross vehicle weight and/or axle weight restrictions in violation of section three hundred eighty-five of this chapter and the rules of the department of transportation of the city of New York through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; [or] to comply with bus operation-related traffic regulations as defined by article twenty-four of this chapter in violation of the rules of the department of transportation of the city of New York through the installation and operation of bus operation-related photo devices, in accordance with article twenty-four of this chapter; OR TO A. 8902 17 COMPLY WITH STREET CLEANING-RELATED TRAFFIC REGULATIONS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IN VIOLATION OF THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK THROUGH THE INSTAL- LATION AND OPERATION OF STREET CLEANING-RELATED PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER, or fails to appear on a designated hearing date or subsequent adjourned date or fails after a hearing to comply with the determination of a hearing examiner, as prescribed by this article or by rule or regulation of the bureau, such failure to plead or contest, appear or comply shall be deemed, for all purposes, an admission of liability and shall be grounds for rendering and entering a default judgment in an amount provided by the rules and regulations of the bureau. However, after the expiration of the original date prescribed for entering a plea and before a default judgment may be rendered, in such case the bureau shall pursuant to the applicable provisions of law notify such operator or owner, by such form of first class mail as the commission may direct; (1) of the violation charged, or liability alleged in accordance with any provisions of law specif- ically authorizing the imposition of monetary liability on the owner of a vehicle for failure of an operator thereof: to comply with traffic- control indications in violation of subdivision (d) of section eleven hundred eleven of this chapter through the installation and operation of traffic-control signal photo violation-monitoring systems, in accordance with article twenty-four of this chapter; to comply with certain posted maximum speed limits in violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter through the instal- lation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; to comply with bus lane restrictions as defined by article twenty-four of this chapter through the installation and operation of bus lane photo devices, in accordance with article twenty-four of this chapter; to comply with toll collection regulations of certain public authorities through the installation and operation of photo-monitoring systems, in accordance with the provisions of section two thousand nine hundred eighty-five of the public authori- ties law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty; to stop for a school bus displaying a red visual signal in violation of section eleven hundred seventy-four of this chapter through the instal- lation and operation of school bus photo violation monitoring systems, in accordance with article twenty-nine of this chapter; to comply with certain posted maximum speed limits in violation of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter within a highway construction or maintenance work area through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; to comply with gross vehicle weight and/or axle weight restrictions in violation of section three hundred eighty-five of this chapter and the rules of the department of transpor- tation of the city of New York through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; [or] to comply with bus operation-related traffic regulations as defined by article twenty-four of this chapter in violation of the rules of the department of transportation of the city of New York through the installation and operation of bus operation-re- lated photo devices, in accordance with article twenty-four of this chapter; OR TO COMPLY WITH STREET CLEANING-RELATED TRAFFIC REGULATIONS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IN VIOLATION OF THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK A. 8902 18 THROUGH THE INSTALLATION AND OPERATION OF STREET CLEANING-RELATED PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR 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 any provisions of law specifically author- izing the imposition of monetary liability on the owner of a vehicle for failure of an operator thereof: to comply with traffic-control indi- cations in violation of subdivision (d) of section eleven hundred eleven of this chapter through the installation and operation of traffic-con- trol signal photo violation-monitoring systems, in accordance with arti- cle twenty-four of this chapter; to comply with certain posted maximum speed limits in violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; to comply with bus lane restrictions as defined by article twenty-four of this chapter through the installation and operation of bus lane photo devices, in accordance with article twenty-four of this chapter; to comply with toll collection regulations of certain public authorities through the installation and operation of photo-monitoring systems, in accordance with the provisions of section two thousand nine hundred eighty-five of the public authori- ties law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty; to stop for a school bus displaying a red visual signal in violation of section eleven hundred seventy-four of this chapter through the instal- lation and operation of school bus photo violation monitoring systems, in accordance with article twenty-nine of this chapter; to comply with certain posted maximum speed limits in violation of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter within a highway construction or maintenance work area through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; to comply with gross vehicle weight and/or axle weight restrictions in violation of section three hundred eighty-five of this chapter and the rules of the department of transpor- tation of the city of New York through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; [or] to comply with bus operation-related traffic regulations as defined by article twenty-four of this chapter in violation of the rules of the department of transportation of the city of New York through the installation and operation of bus operation-re- lated photo devices, in accordance with article twenty-four of this chapter; OR TO COMPLY WITH STREET CLEANING-RELATED TRAFFIC REGULATIONS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IN VIOLATION OF THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK THROUGH THE INSTALLATION AND OPERATION OF STREET CLEANING-RELATED PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR 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 A. 8902 19 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. § 8. Subparagraph (i) of paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law, as amended by section 8 of part MM of chapter 56 of the laws of 2023, 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 that the registrant or his or her represen- tative failed to appear on the return date or any subsequent adjourned date or failed to comply with the rules and regulations of an adminis- trative tribunal following entry of a final decision in response to a total of three or more summonses or other process in the aggregate, issued within an eighteen month period, charging either that: (i) such motor vehicle was parked, stopped or standing, or that such motor vehi- cle was operated for hire by the registrant or his or her agent without being licensed as a motor vehicle for hire by the appropriate local authority, in violation of any of the provisions of this chapter or of any law, ordinance, rule or regulation made by a local authority; or (ii) the registrant was liable for a violation of subdivision (d) of section eleven hundred eleven of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with traffic-con- trol indications through the installation and operation of traffic-con- trol signal photo violation-monitoring systems, in accordance with arti- cle twenty-four of this chapter; or (iii) the registrant was liable for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for fail- ure of an operator thereof to comply with such posted maximum speed limits through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; or (iv) the registrant was liable for a violation of bus lane restrictions as defined by article twenty-four of this chapter imposed pursuant to a bus rapid transit program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such bus lane restrictions through the installation and operation of bus lane photo devices, in accordance with article twenty-four of this chap- ter; or (v) the registrant was liable for a violation of section eleven hundred seventy-four of this chapter when meeting a school bus marked and equipped as provided in subdivisions twenty and twenty-one-c of section three hundred seventy-five of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with school bus red visual signals through the installation and operation of school bus photo violation monitoring systems, in accordance with article twenty- nine of this chapter; or (vi) the registrant was liable for a violation of section three hundred eighty-five of this chapter and the rules of the department of transportation of the city of New York in relation to gross vehicle weight and/or axle weight violations imposed pursuant to a weigh in motion demonstration program imposing monetary liability on the A. 8902 20 owner of a vehicle for failure of an operator thereof to comply with such gross vehicle weight and/or axle weight restrictions through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; or (vii) the registrant was liable for a violation of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such posted maximum speed limits within a highway construction or maintenance work area through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter[,]; or (viii) the registrant was liable for a violation of bus operation-related traffic regulations as defined by article twenty-four of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such bus operation-related traffic regulations through the installation and operation of bus operation-related photo devices, in accordance with article twenty-four of this chapter[,]; OR (IX) THE REGISTRANT WAS LIABLE FOR A VIOLATION OF STREET CLEANING-RELAT- ED TRAFFIC REGULATIONS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IMPOSED PURSUANT TO A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH STREET CLEANING-RELATED TRAFFIC REGULATIONS THROUGH THE INSTALLATION AND OPERATION OF STREET CLEANING-RELATED PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-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, traffic and parking violations agency or administrative tribunal wherein the charges are pending that an appearance or answer has been made or in the case of an administrative tribunal that he or she has complied with the rules and regulations of said tribunal following entry of a final decision. Where an application is denied pursuant to this section, the commissioner may, in his or her discretion, deny a registration or renewal application to any other person for the same vehicle and may deny a registration or renewal application for any other motor vehicle registered in the name of the applicant where the commissioner has determined that such regis- trant's intent has been to evade the purposes of this subdivision and where the commissioner has reasonable grounds to believe that such registration or renewal will have the effect of defeating the purposes 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. § 9. Subdivision 1-a of section 1809 of the vehicle and traffic law, as amended by section 9 of part MM of chapter 56 of the laws of 2023, is amended to read as follows: 1-a. Notwithstanding the provisions of subdivision one of this section, the provisions of subdivision one of this section shall not apply to an adjudication of liability of owners: (a) for violations of subdivision (d) of section eleven hundred eleven of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with traffic-control indications through the installation and operation of traffic-control signal photo violation-monitoring systems, in accordance with article twenty-four of this chapter; or (b) for violations of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty A. 8902 21 of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such posted maximum speed limits through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; or (c) for violations of bus lane restrictions as defined by article twenty-four of this chap- ter imposed pursuant to a bus rapid transit program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such bus lane restrictions through the installation and operation of bus lane photo devices, in accordance with article twenty- four of this chapter; or (d) for violations of toll collection regu- lations imposed by certain public authorities pursuant to the law authorizing such public authorities to impose monetary liability on the owner of a vehicle for failure of an operator thereof to comply with toll collection regulations of such public authorities through the installation and operation of photo-monitoring systems, in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty; or (e) for violations of section eleven hundred seventy- four of this chapter when meeting a school bus marked and equipped as provided in subdivisions twenty and twenty-one-c of section three hundred seventy-five of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with school bus red visual signals through the installation and operation of school bus photo violation monitoring systems, in accordance with article twenty-nine of this chapter; or (f) for violations of section three hundred eighty-five of this chapter and the rules of the department of transportation of the city of New York in relation to gross vehicle weight and/or axle weight violations imposed pursuant to a weigh in motion demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such gross vehicle weight and/or axle weight restrictions through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; or (g) for violations of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such posted maximum speed limits within a highway construction or maintenance work area through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; or (h) for violations of bus operation-related traffic regulations as defined by article twenty-four of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such bus oper- ation-related traffic regulations through the installation and operation of bus operation-related photo devices, in accordance with article twen- ty-four of this chapter; OR (I) FOR VIOLATIONS OF STREET CLEANING-RELAT- ED TRAFFIC REGULATIONS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IMPOSED PURSUANT TO A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH STREET CLEANING-RELATED TRAFFIC REGULATIONS THROUGH THE INSTALLATION AND OPERATION OF STREET CLEANING-RELATED PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER. A. 8902 22 § 10. Subdivision 1 of section 1809-a of the vehicle and traffic law, as amended by section 10 of part MM of chapter 56 of the laws of 2023, is amended to read as follows: 1. The provisions of any other general or special law notwithstanding, whenever, in a city having a population of one hundred thousand or more according to the nineteen hundred eighty United States census, proceedings in an administrative tribunal or a court result in a finding of liability, or conviction for the violation of any statute, local law, ordinance or rule involving the parking, stopping or standing of a motor vehicle, except (A) an adjudication of liability of an owner for a violation of bus operation-related traffic regulations as defined by article twenty-four of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for fail- ure of an operator thereof to comply with such bus operation-related traffic regulations through the installation and operation of bus opera- tion-related photo devices, in accordance with article twenty-four of this chapter, OR (B) AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF STREET CLEANING-RELATED TRAFFIC REGULATIONS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IMPOSED PURSUANT TO A DEMON- STRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH STREET CLEANING- RELATED TRAFFIC REGULATIONS THROUGH THE INSTALLATION AND OPERATION OF STREET CLEANING-RELATED PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWEN- TY-FOUR OF THIS CHAPTER, there shall be levied a mandatory surcharge in addition to any other sentence, fine or penalty otherwise permitted or required, in the amount of fifteen dollars. Such surcharge shall not be deemed a monetary penalty for the purposes of section two hundred thir- ty-seven of this chapter or section 19-203 of the administrative code of the city of New York. § 11. Subdivision 1 of section 1809-aa of the vehicle and traffic law, as amended by section 11 of part MM of chapter 56 of the laws of 2023, is amended to read as follows: 1. Notwithstanding any other provision of law, whenever proceedings in an administrative tribunal or court result in a conviction for a violation of section twelve hundred, twelve hundred one or twelve hundred two of this chapter, except (A) an adjudication of liability of an owner for a violation of bus operation-related traffic regulations as defined by article twenty-four of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such bus oper- ation-related traffic regulations through the installation and operation of bus operation-related photo devices, in accordance with article twen- ty-four of this chapter, OR (B) AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF STREET CLEANING-RELATED TRAFFIC REGULATIONS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IMPOSED PURSUANT TO A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH STREET CLEANING-RELATED TRAFFIC REGULATIONS THROUGH THE INSTALLATION AND OPERA- TION OF STREET CLEANING-RELATED PHOTO DEVICES, IN ACCORDANCE WITH ARTI- CLE TWENTY-FOUR OF THIS CHAPTER, there shall be levied a mandatory surcharge in addition to any other sentence, fine or penalty otherwise permitted or required, in the amount of twenty-five dollars. § 12. Paragraph a of subdivision 1 of section 1809-e of the vehicle and traffic law, as amended by section 12 of part MM of chapter 56 of the laws of 2023, is amended to read as follows: A. 8902 23 a. Notwithstanding any other provision of law, whenever proceedings in a court or an administrative tribunal of this state result in a conviction for an offense under this chapter, except a conviction pursu- ant to section eleven hundred ninety-two of this chapter, or for a traf- fic infraction under this chapter, or a local law, ordinance, rule or regulation adopted pursuant to this chapter, except: (i) a traffic infraction involving standing, stopping, or parking or violations by pedestrians or bicyclists; and (ii) an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred elev- en of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with traffic-control indications through the installa- tion and operation of traffic-control signal photo violation-monitoring systems, in accordance with article twenty-four of this chapter; and (iii) an adjudication of liability of an owner for a violation of subdi- vision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing mone- tary liability on the owner of a vehicle for failure of an operator thereof to comply with such posted maximum speed limits through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; and (iv) an adjudi- cation of liability of an owner for a violation of bus lane restrictions as defined by article twenty-four of this chapter imposed pursuant to a bus rapid transit program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such bus lane restrictions through the installation and operation of bus lane photo devices, in accordance with article twenty-four of this chapter; and (v) an adjudication of liability of an owner for a violation of toll collection regulations imposed by certain public authorities pursuant to the law authorizing such public authorities to impose monetary liability on the owner of a vehicle for failure of an operator thereof to comply with toll collection regulations of such public authorities through the installation and operation of photo-monitoring systems, in accordance with section two thousand nine hundred eighty-five of the public author- ities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty; and (vi) an adjudication of liability of an owner for a violation of section eleven hundred seventy-four of this chapter when meeting a school bus marked and equipped as provided in subdivisions twenty and twenty-one-c of section three hundred seventy-five of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with school bus red visual signals through the installation and operation of school bus photo violation monitoring systems, in accordance with article twenty- nine of this chapter; and (vii) an adjudication of liability of an owner for a violation of section three hundred eighty-five of this chapter and the rules of the department of transportation of the city of New York in relation to gross vehicle weight and/or axle weight violations imposed pursuant to a weigh in motion demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such gross vehicle weight and/or axle weight restrictions through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; and (viii) 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 imposed pursuant to a demonstration program imposing mone- A. 8902 24 tary liability on the owner of a vehicle for failure of an operator thereof to comply with such posted maximum speed limits within a highway construction or maintenance work area through the installation and oper- ation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; and (ix) an adjudication of liability of an owner for a violation of bus operation-related traffic regulations as defined by article twenty-four of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such bus oper- ation-related traffic regulations through the installation and operation of bus operation-related photo devices, in accordance with article twen- ty-four of this chapter; AND (X) AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF STREET CLEANING-RELATED TRAFFIC REGULATIONS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IMPOSED PURSUANT TO A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH STREET CLEANING-RELATED TRAFFIC REGULATIONS THROUGH THE INSTALLATION AND OPERA- TION OF STREET CLEANING-RELATED PHOTO DEVICES, IN ACCORDANCE WITH ARTI- CLE TWENTY-FOUR 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. § 13. Subdivision 2 of section 87 of the public officers law is amended by adding a new paragraph (u) to read as follows: (U) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PREPARED UNDER AUTHORITY OF SECTION ELEVEN HUNDRED ELEVEN-H OF THE VEHICLE AND TRAFFIC LAW. § 14. This act shall take effect one year after it shall have become a law; provided, however, that sections one and thirteen of this act shall expire on July 1, 2029, when upon such date the provisions of such sections shall be deemed repealed; provided further, however, that: (a) the amendments to subdivision 1 of section 1809-a of the vehicle and traffic law made by section ten of this act shall not affect the repeal of such subdivision and shall be deemed repealed therewith; (b) if section 2 of part MM of chapter 56 of the laws of 2023 shall not have taken effect on or before such date then section two of this act shall take effect on the same date and in the same manner as such chapter of the laws of 2023, takes effect; (c) if section 3 of part MM of chapter 56 of the laws of 2023 shall not have taken effect on or before such date then section three of this act shall take effect on the same date and in the same manner as such chapter of the laws of 2023, takes effect; (d) if section 4 of part MM of chapter 56 of the laws of 2023 shall not have taken effect on or before such date then section four of this act shall take effect on the same date and in the same manner as such chapter of the laws of 2023, takes effect; (e) if section 5 of part MM of chapter 56 of the laws of 2023 shall not have taken effect on or before such date then section five of this act shall take effect on the same date and in the same manner as such chapter of the laws of 2023, takes effect; (f) if section 6 of part MM of chapter 56 of the laws of 2023 shall not have taken effect on or before such date then section six of this act shall take effect on the same date and in the same manner as such chapter of the laws of 2023, takes effect; (g) if section 7 of part MM of chapter 56 of the laws of 2023 shall not have taken effect on or before such date then section seven of this A. 8902 25 act shall take effect on the same date and in the same manner as such chapter of the laws of 2023, takes effect; (h) if section 8 of part MM of chapter 56 of the laws of 2023 shall not have taken effect on or before such date then section eight of this act shall take effect on the same date and in the same manner as such chapter of the laws of 2023, takes effect; (i) if section 9 of part MM of chapter 56 of the laws of 2023 shall not have taken effect on or before such date then section nine of this act shall take effect on the same date and in the same manner as such chapter of the laws of 2023, takes effect; (j) if section 10 of part MM of chapter 56 of the laws of 2023 shall not have taken effect on or before such date then section ten of this act shall take effect on the same date and in the same manner as such chapter of the laws of 2023, takes effect; (k) if section 11 of part MM of chapter 56 of the laws of 2023 shall not have taken effect on or before such date then section eleven of this act shall take effect on the same date and in the same manner as such chapter of the laws of 2023, takes effect; (l) if section 12 of part MM of chapter 56 of the laws of 2023 shall not have taken effect on or before such date then section twelve of this act shall take effect on the same date and in the same manner as such chapter of the laws of 2023, takes effect. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of section one of this act on its effective date are authorized to be made and completed on or before such effective date.
co-Sponsors
Rodneyse Bichotte Hermelyn
Grace Lee
Maritza Davila
2023-A8902A - Details
- See Senate Version of this Bill:
- S8756
- Current Committee:
- Assembly Transportation
- Law Section:
- Vehicle and Traffic Law
- Laws Affected:
- Amd V & T L, generally; amd §87, Pub Off L
2023-A8902A - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
8902--A
I N A S S E M B L Y
January 26, 2024
___________
Introduced by M. of A. CUNNINGHAM -- read once and referred to the
Committee on Transportation -- recommitted to the Committee on Trans-
portation in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the vehicle and traffic law, in relation to owner
liability for failure of an operator to comply with street cleaning
parking rules; to amend the public officers law, in relation to access
to records prepared pursuant to street cleaning parking rules; and
providing for the repeal of certain provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The vehicle and traffic law is amended by adding a new
section 1111-h to read as follows:
§ 1111-H. OWNER LIABILITY FOR FAILURE TO COMPLY WITH STREET CLEANING
PARKING RULES. (A) 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE
CITY OF NEW YORK IS HEREBY AUTHORIZED AND EMPOWERED TO ESTABLISH A
PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAIL-
URE TO COMPLY WITH STREET CLEANING PARKING RULES IN SUCH CITY IN ACCORD-
ANCE WITH THE PROVISIONS OF THIS SECTION. THE NEW YORK CITY DEPARTMENT
OF SANITATION, FOR PURPOSES OF THE IMPLEMENTATION OF SUCH PROGRAM, SHALL
OPERATE STREET CLEANING VEHICLE PHOTO DEVICES ON STREET CLEANING VEHI-
CLES ALONG ALL STREET CLEANING ROUTES IN SUCH CITY.
2. THE CITY OF NEW YORK SHALL ADOPT AND ENFORCE MEASURES:
(I) TO ENSURE, TO THE EXTENT PRACTICABLE, THAT PHOTOGRAPHS PRODUCED BY
SUCH STREET CLEANING VEHICLE PHOTO DEVICES SHALL NOT INCLUDE IMAGES THAT
IDENTIFY ANY PERSON OR PERSONS WHO MAY BE OCCUPYING THE VEHICLE, OR THE
CONTENTS OF THE VEHICLE. HOWEVER, A NOTICE OF LIABILITY ISSUED PURSUANT
TO THIS SECTION SHALL NOT BE DISMISSED SOLELY BECAUSE A PHOTOGRAPH OR
PHOTOGRAPHS ALLOW FOR THE IDENTIFICATION OF A PERSON OR PERSONS WHO MAY
BE OCCUPYING THE VEHICLE OR THE CONTENTS OF A VEHICLE;
(II) TO UPGRADE SIGNAGE AT REGULAR INTERVALS WITHIN STREET CLEANING
ROUTES STATING THAT STREET CLEANING VEHICLE PHOTO DEVICES ARE USED TO
ENFORCE STREET CLEANING PARKING RULES ALONG SUCH ROUTES; AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13521-04-4 A. 8902--A 2 (III) TO PROHIBIT THE USE OR DISSEMINATION OF VEHICLES' LICENSE PLATE INFORMATION AND OTHER INFORMATION AND IMAGES CAPTURED BY STREET CLEANING VEHICLE PHOTO DEVICES EXCEPT: (A) AS REQUIRED TO ESTABLISH LIABILITY UNDER THIS SECTION OR COLLECT PAYMENT OF PENALTIES; (B) AS REQUIRED BY COURT ORDER; OR (C) AS OTHERWISE REQUIRED BY LAW. (B) IF THE CITY OF NEW YORK HAS ESTABLISHED A 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 PARKED IN VIOLATION OF ANY STREET CLEANING PARKING RULE OF SUCH CITY AND SUCH VIOLATION IS EVIDENCED BY INFORMATION OBTAINED FROM A STREET CLEAN- ING VEHICLE PHOTO DEVICE. (C) FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 1. "OWNER" SHALL HAVE THE MEANING PROVIDED IN ARTICLE TWO-B OF THIS CHAPTER. 2. "STREET CLEANING ROUTES" SHALL MEAN STREET CLEANING ROUTES DESIG- NATED BY THE NEW YORK CITY DEPARTMENT OF SANITATION THAT INCLUDE UPGRADED SIGNAGE STATING THAT STREET CLEANING VEHICLE PHOTO DEVICES ARE USED TO ENFORCE STREET CLEANING PARKING RULES. 3. "STREET CLEANING PARKING RULES" SHALL MEAN THE PROHIBITED PARKING OF ANY VEHICLE ON ONE SIDE OF THE STREET TO ALLOW FOR CLEANING BY THE NEW YORK CITY DEPARTMENT OF SANITATION DURING DESIGNATED TIME PERIODS AS POSTED BY SIGN. 4. "STREET CLEANING VEHICLE" SHALL MEAN ANY VEHICLE OPERATED BY THE NEW YORK CITY DEPARTMENT OF SANITATION THAT IS DESIGNED TO WASH DIRT AND GRIME, AND REMOVE LITTER AND DEBRIS, FROM THE STREET SURFACE. 5. "STREET CLEANING VEHICLE PHOTO DEVICE" SHALL MEAN A DEVICE THAT IS MOUNTED ON A STREET CLEANING VEHICLE, IS CAPABLE OF OPERATING INDEPEND- ENTLY OF AN ENFORCEMENT OFFICER AND PRODUCES ONE OR MORE IMAGES OF EACH VEHICLE AT THE TIME IT IS IN VIOLATION OF STREET CLEANING PARKING RULES. (D) A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY THE CITY OF NEW YORK IN WHICH THE CHARGED VIOLATION OCCURRED, OR A FACSIMILE THEREOF, BASED UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTO- GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY A STREET CLEANING VEHICLE PHOTO DEVICE, SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN. ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES EVIDENCING SUCH A VIOLATION SHALL BE AVAILABLE FOR INSPECTION IN ANY PROCEEDING TO ADJUDICATE THE LIABILITY FOR SUCH VIOLATION PURSUANT TO THIS SECTION. (E) AN OWNER LIABLE FOR A VIOLATION OF A STREET CLEANING PARKING RULE IMPOSED ON ANY ROUTE SHALL BE LIABLE FOR MONETARY PENALTIES IN ACCORD- ANCE WITH A SCHEDULE OF FINES AND PENALTIES PROMULGATED BY THE PARKING VIOLATIONS BUREAU OF THE CITY OF NEW YORK; PROVIDED, HOWEVER, THAT THE MONETARY PENALTY FOR VIOLATING A STREET CLEANING PARKING RULE SHALL NOT EXCEED FIFTY DOLLARS FOR EACH VIOLATION; PROVIDED, FURTHER, THAT AN OWNER SHALL BE LIABLE FOR AN ADDITIONAL PENALTY NOT TO EXCEED TWENTY- FIVE DOLLARS FOR EACH VIOLATION FOR THE FAILURE TO RESPOND TO A NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME PERIOD. (F) AN IMPOSITION OF LIABILITY UNDER A LOCAL LAW OR ORDINANCE ADOPTED PURSUANT TO THIS SECTION SHALL NOT BE DEEMED A CONVICTION AS AN OPERATOR AND SHALL NOT BE MADE PART OF THE OPERATING RECORD OF THE PERSON UPON WHOM SUCH LIABILITY IS IMPOSED NOR SHALL IT BE USED FOR INSURANCE PURPOSES IN THE PROVISION OF MOTOR VEHICLE INSURANCE COVERAGE. (G) 1. A NOTICE OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL TO EACH PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF A STREET CLEANING PARKING RULE. PERSONAL DELIVERY ON THE OWNER SHALL NOT BE A. 8902--A 3 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 VIOLATION OF A STREET CLEAN- ING PARKING RULE, THE REGISTRATION NUMBER OF THE VEHICLE INVOLVED IN SUCH VIOLATION, THE LOCATION WHERE SUCH VIOLATION TOOK PLACE INCLUDING THE STREET OR CROSS STREETS, ONE OR MORE IMAGES IDENTIFYING THE VIOLATION, THE DATE AND TIME OF SUCH VIOLATION AND THE IDENTIFICATION NUMBER OF THE STREET CLEANING VEHICLE PHOTO DEVICE THAT RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER. 3. THE NOTICE OF LIABILITY SHALL CONTAIN INFORMATION ADVISING THE PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH SUCH PERSON MAY CONTEST THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO CONTAIN A 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 AGENCY OR AGENCIES DESIGNATED BY THE CITY OF NEW YORK, OR ANY OTHER ENTITY AUTHORIZED BY SUCH CITY TO PREPARE AND MAIL SUCH NOTIFICATION OF VIOLATION. 5. ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION SHALL BE BY THE NEW YORK CITY PARKING VIOLATIONS BUREAU. (H) IF AN OWNER OF A VEHICLE RECEIVES A NOTICE OF LIABILITY PURSUANT TO THIS SECTION FOR ANY TIME PERIOD DURING WHICH THE VEHICLE WAS REPORTED TO THE POLICE DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE A VALID DEFENSE TO AN ALLEGATION OF LIABILITY FOR VIOLATION OF A STREET CLEANING PARKING RULE OF SUCH CITY, THAT THE VEHICLE HAD BEEN REPORTED TO THE POLICE AS STOLEN PRIOR TO THE TIME THE VIOLATION OCCURRED AND HAD NOT BEEN RECOVERED BY SUCH TIME. FOR PURPOSES OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION IT SHALL BE SUFFICIENT THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE STOLEN VEHICLE BE SENT BY FIRST CLASS MAIL TO THE PARKING VIOLATIONS BUREAU. (I) 1. AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION (G) OF THIS SECTION SHALL NOT BE LIABLE FOR THE VIOLATION OF THE STREET CLEANING PARKING RULE, PROVIDED THAT: (I) PRIOR TO THE VIOLATION, THE LESSOR HAS FILED WITH SUCH PARKING VIOLATIONS BUREAU IN ACCORDANCE WITH THE PROVISIONS OF SECTION TWO HUNDRED THIRTY-NINE OF THIS CHAPTER; AND (II) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM SUCH BUREAU OF THE DATE AND TIME OF SUCH LIABILITY, TOGETHER WITH THE OTHER INFORMA- TION CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY, THE LESSOR SUBMITS TO SUCH BUREAU THE CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE IDENTIFIED IN THE NOTICE OF LIABILITY AT THE TIME OF SUCH VIOLATION, TOGETHER WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL, LEASE OR OTHER CONTRACT DOCUMENT, AS MAY BE REASONABLY REQUIRED BY SUCH BUREAU PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE. 2. FAILURE TO COMPLY WITH SUBPARAGRAPH (II) OF PARAGRAPH ONE OF THIS SUBDIVISION SHALL RENDER THE LESSOR LIABLE FOR THE PENALTY PRESCRIBED IN THIS SECTION. 3. WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF PARAGRAPH ONE OF THIS SUBDIVISION, THE LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH VIOLATION SHALL BE DEEMED TO BE THE OWNER OF SUCH VEHICLE FOR PURPOSES OF THIS SECTION, SHALL BE SUBJECT TO LIABILITY FOR SUCH VIOLATION PURSU- A. 8902--A 4 ANT TO THIS SECTION, AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (G) OF THIS SECTION. § 2. Subdivision 1 of section 235 of the vehicle and traffic law, as amended by section 2 of part MM of chapter 56 of the laws of 2023, 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: (a) to hear and determine complaints of traffic infractions constituting parking, standing or stopping violations, or (b) to adjudi- cate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with traffic-con- trol indications through the installation and operation of traffic-con- trol signal photo violation-monitoring systems, in accordance with arti- cle twenty-four of this chapter, or (c) to adjudicate the liability of owners for violations of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such posted maximum speed limits through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter, or (d) to adjudicate the liability of owners for violations of bus lane restrictions as defined by article twenty-four of this chapter imposed pursuant to a bus rapid transit program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such bus lane restrictions through the installa- tion and operation of bus lane photo devices, in accordance with article twenty-four of this chapter, or (e) to adjudicate the liability of owners for violations of toll collection regulations imposed by certain public authorities pursuant to the law authorizing such public authori- ties to impose monetary liability on the owner of a vehicle for failure of an operator thereof to comply with toll collection regulations of such public authorities through the installation and operation of photo-monitoring systems, in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, or (f) to adjudicate the liability of owners for violations of section eleven hundred seven- ty-four of this chapter when meeting a school bus marked and equipped as provided in subdivisions twenty and twenty-one-c of section three hundred seventy-five of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with school bus red visual signals through the installation and operation of school bus photo violation monitoring systems, in accordance with article twenty-nine of this chapter, or (g) to adjudicate the liability of owners for violations of section three hundred eighty-five of this chapter and the rules of the department of transportation of the city of New York in relation to gross vehicle weight and/or axle weight violations imposed pursuant to a weigh in motion demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such gross vehicle weight and/or axle weight restrictions through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter, or A. 8902--A 5 (h) to adjudicate the liability of owners for violations of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such posted maximum speed limits within a highway construction or maintenance work area through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter, or (i) to adjudicate the liability of owners for violations of bus operation-related traffic regulations as defined by article twenty-four of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for fail- ure of an operator thereof to comply with such bus operation-related traffic regulations through the installation and operation of bus opera- tion-related photo devices, in accordance with article twenty-four of this chapter, OR (J) TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF STREET CLEANING PARKING RULES AS DEFINED BY ARTICLE TWEN- TY-FOUR OF THIS CHAPTER IMPOSED PURSUANT TO A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH STREET CLEANING PARKING RULES THROUGH THE INSTALLATION AND OPERATION OF STREET CLEANING VEHICLE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER, such tribunal and the rules and regulations pertaining thereto shall be constituted in substantial conformance with the following sections. § 3. Subdivision 1 of section 236 of the vehicle and traffic law, as amended by section 3 of part MM of chapter 56 of the laws of 2023, 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: (a) to adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with traffic-control indications through the installation and operation of traffic-control signal photo violation- monitoring systems, in accordance with article twenty-four of this chap- ter, or (b) to adjudicate the liability of owners for violations of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such posted maximum speed limits through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter, or (c) to adjudicate the liability of owners for violations of bus lane restrictions as defined by article twenty-four of this chapter imposed pursuant to a bus rapid transit program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such bus lane restrictions through the installation and operation of bus lane photo devices, in accordance with article twenty-four of this chapter, or (d) to adjudicate the liability of owners for violations of toll collection regulations imposed by certain public authorities pursuant to the law authorizing such public authorities to impose monetary liability on the owner of a vehicle for failure of an operator thereof to comply with toll collection regulations of such public authorities through the installation and operation of photo-monitoring systems, in accordance with the provisions of section two thousand nine hundred eighty-five of A. 8902--A 6 the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, or (e) to adjudicate the liability of owners for violations of section eleven hundred seventy-four of this chapter when meeting a school bus marked and equipped as provided in subdivisions twenty and twenty-one-c of section three hundred seventy-five of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with school bus red visual signals through the installation and operation of school bus photo violation monitoring systems, in accordance with article twenty-nine of this chapter, or (f) to adjudi- cate the liability of owners for violations of section three hundred eighty-five of this chapter and the rules of the department of transpor- tation of the city of New York in relation to gross vehicle weight and/or axle weight violations imposed pursuant to a weigh in motion demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such gross vehicle weight and/or axle weight restrictions through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter, or (g) to adjudicate the liability of owners for violations of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such posted maximum speed limits within a highway construction or maintenance work area through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter, or (h) to adjudicate the liability of owners for violations of bus oper- ation-related traffic regulations as defined by article twenty-four of this chapter imposed pursuant to a demonstration program imposing mone- tary liability on the owner of a vehicle for failure of an operator thereof to comply with such bus operation-related traffic regulations through the installation and operation of bus operation-related photo devices, in accordance with article twenty-four of this chapter, OR (I) TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF STREET CLEANING PARKING RULES AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IMPOSED PURSUANT TO A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH STREET CLEANING PARKING RULES THROUGH THE INSTALLATION AND OPERATION OF STREET CLEANING VEHICLE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER. Such tribunal, except in a city with a population of one million or more, shall also have jurisdic- tion of abandoned vehicle violations. For the purposes of this article, a parking violation is the violation of any law, rule or regulation providing for or regulating the parking, stopping or standing of a vehi- cle. In addition for purposes of this article, "commissioner" shall mean and include the commissioner of traffic of the city or an official possessing authority as such a commissioner. § 4. Paragraph f of subdivision 1 of section 239 of the vehicle and traffic law, as amended by section 4 of part MM of chapter 56 of the laws of 2023, 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 articles ten, twenty-four, twenty-nine and thirty of this chapter, section two thousand nine hundred eighty-five of A. 8902--A 7 the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty to impose monetary liability on the owner of a vehicle for failure of an operator thereof: to comply with traffic-control indi- cations in violation of subdivision (d) of section eleven hundred eleven of this chapter through the installation and operation of traffic-con- trol signal photo violation-monitoring systems, in accordance with arti- cle twenty-four of this chapter; or to comply with certain posted maxi- mum speed limits in violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter through the installa- tion and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; or to comply with bus lane restrictions as defined by article twenty-four of this chapter through the installation and operation of bus lane photo devices, in accordance with article twenty-four of this chapter; or to comply with toll collection regulations of certain public authorities through the installation and operation of photo-monitoring systems, in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty; or to stop for a school bus displaying a red visual signal in violation of section eleven hundred seventy-four of this chap- ter through the installation and operation of school bus photo violation monitoring systems, in accordance with article twenty-nine of this chap- ter; or to comply with certain posted maximum speed limits in violation of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter within a highway construction or maintenance work area through the installation and operation of photo speed violation monitor- ing systems, in accordance with article thirty of this chapter; or to comply with gross vehicle weight and/or axle weight restrictions in violation of section three hundred eighty-five of this chapter and the rules of the department of transportation of the city of New York through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; or to comply with bus operation-related traffic regulations as defined by article twenty-four of this chapter in violation of the rules of the department of transportation of the city of New York through the instal- lation and operation of bus operation-related photo devices, in accord- ance with article twenty-four of this chapter; OR TO COMPLY WITH STREET CLEANING PARKING RULES AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IN VIOLATION OF THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK THROUGH THE INSTALLATION AND OPERATION OF STREET CLEAN- ING VEHICLE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER. § 5. Subdivisions 1, 1-a and the opening subparagraph of paragraph (a) of subdivision 1-b of section 240 of the vehicle and traffic law, as amended by section 5 of part MM of chapter 56 of the laws of 2023, 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 any provisions of law specifically authorizing the imposition of monetary liability on the owner of a vehicle for failure of an operator thereof: to comply with traffic-control indications in violation of subdivision (d) of section eleven hundred eleven of this chapter through the installation and operation of traffic-control signal photo violation-monitoring systems, in accordance with article twenty- A. 8902--A 8 four of this chapter; or to comply with certain posted maximum speed limits in violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter through the installation and oper- ation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; or to comply with bus lane restrictions as defined by article twenty-four of this chapter through the installa- tion and operation of bus lane photo devices, in accordance with article twenty-four of this chapter; or to comply with toll collection regu- lations of certain public authorities through the installation and oper- ation of photo-monitoring systems, in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty; or to stop for a school bus displaying a red visual signal in violation of section eleven hundred seventy-four of this chapter through the installation and operation of school bus photo violation monitoring systems, in accord- ance with article twenty-nine of this chapter; or to comply with certain posted maximum speed limits in violation of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter within a highway construction or maintenance work area through the installation and oper- ation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; or to comply with gross vehicle weight and/or axle weight restrictions in violation of section three hundred eighty-five of this chapter and the rules of the department of transpor- tation of the city of New York through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; or to comply with bus operation-related traffic regulations as defined by article twenty-four of this chapter in violation of the rules of the department of transportation of the city of New York through the installation and operation of bus operation-re- lated photo devices, in accordance with article twenty-four of this chapter; OR TO COMPLY WITH STREET CLEANING PARKING RULES AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IN VIOLATION OF THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK THROUGH THE INSTAL- LATION AND OPERATION OF STREET CLEANING VEHICLE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER, contests such alle- gation, 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] SUCH PERSON must appear to answer the charge at a hearing. The form and content of such notice of hearing shall be prescribed by the direc- tor, 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 provisions of law specifically authorizing the impo- sition of monetary liability on the owner of a vehicle for failure of an operator thereof: to comply with traffic-control indications in violation of subdivision (d) of section eleven hundred eleven of this chapter through the installation and operation of traffic-control signal photo violation-monitoring systems, in accordance with article twenty- four of this chapter; or to comply with certain posted maximum speed limits in violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter through the installation and oper- ation of photo speed violation monitoring systems, in accordance with A. 8902--A 9 article thirty of this chapter; or to comply with bus lane restrictions as defined by article twenty-four of this chapter through the installa- tion and operation of bus lane photo devices, in accordance with article twenty-four of this chapter; or to comply with toll collection regu- lations of certain public authorities through the installation and oper- ation of photo-monitoring systems, in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty; or to stop for a school bus displaying a red visual signal in violation of section eleven hundred seventy-four of this chapter through the installation and operation of school bus photo violation monitoring systems, in accord- ance with article twenty-nine of this chapter; or to comply with certain posted maximum speed limits in violation of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter within a highway construction or maintenance work area through the installation and oper- ation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; or to comply with gross vehicle weight and/or axle weight restrictions in violation of section three hundred eighty-five of this chapter and the rules of the department of transpor- tation of the city of New York through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; or to comply with bus operation-related traffic regulations as defined by article twenty-four of this chapter in violation of the rules of the department of transportation of the city of New York through the installation and operation of bus operation-re- lated photo devices, in accordance with article twenty-four of this chapter; OR TO COMPLY WITH STREET CLEANING PARKING RULES AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IN VIOLATION OF THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK THROUGH THE INSTAL- LATION AND OPERATION OF STREET CLEANING VEHICLE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR 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. In a city having a population of one million or more, at every hearing for the adjudication of a notice of liability, as provided by this arti- cle, there shall be a rebuttable presumption that the owner of a first- response emergency vehicle alleged to be liable in accordance with any provisions of law specifically authorizing the imposition of monetary liability on the owner of a vehicle for failure of an operator thereof: to comply with traffic-control indications in violation of subdivision (d) of section eleven hundred eleven of this chapter through the instal- lation and operation of traffic-control signal photo violation-monitor- ing systems, in accordance with article twenty-four of this chapter; or to comply with certain posted maximum speed limits in violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; or to comply with bus lane restrictions as defined by article twenty-four of this chapter through the installation and operation of bus lane photo devices, in accordance with article twenty-four of this chapter; or to comply with bus operation-related traffic regulations as defined by article twenty-four of this chapter in violation of the rules of the department of transportation of the city of New York through the A. 8902--A 10 installation and operation of bus operation-related photo devices, in accordance with article twenty-four of this chapter; OR TO COMPLY WITH STREET CLEANING PARKING RULES AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IN VIOLATION OF THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK THROUGH THE INSTALLATION AND OPERATION OF STREET CLEANING VEHICLE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWEN- TY-FOUR OF THIS CHAPTER is not liable for such alleged violation if such owner of the first-response emergency vehicle provides the hearing offi- cer with: § 6. Paragraphs a and g of subdivision 2 of section 240 of the vehicle and traffic law, as amended by section 6 of part MM of chapter 56 of the laws of 2023, are amended to read as follows: a. Every hearing for the adjudication of a charge of parking violation or an allegation of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with traffic-con- trol indications through the installation and operation of traffic-con- trol signal photo violation-monitoring systems, in accordance with arti- cle twenty-four of this chapter, or an allegation of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with certain posted maximum speed limits through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter, or an allegation of liability of an owner for a violation of bus lane restrictions as defined by article twenty-four of this chap- ter imposed pursuant to a bus rapid transit program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such bus lane restrictions through the installation and operation of bus lane photo devices, in accordance with article twenty- four of this chapter, or an allegation of liability of an owner for a violation of toll collection regulations imposed by certain public authorities pursuant to the law authorizing such public authorities to impose monetary liability on the owner of a vehicle for failure of an operator thereof to comply with toll collection regulations of such public authorities through the installation and operation of photo-moni- toring systems, in accordance with the provisions of section two thou- sand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, or an allegation of liability of an owner for a violation of section eleven hundred seventy-four of this chapter when meeting a school bus marked and equipped as provided in subdivisions twenty and twenty-one-c of section three hundred seventy- five of this chapter imposed pursuant to a local law or ordinance impos- ing monetary liability on the owner of a vehicle for failure of an oper- ator thereof to comply with school bus red visual signals through the installation and operation of school bus photo violation monitoring systems, in accordance with article twenty-nine of this chapter, or an allegation of liability of an owner for a violation of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with certain posted maximum speed limits within a highway construction or maintenance work area through the installation and operation of photo A. 8902--A 11 speed violation monitoring systems, in accordance with article thirty of this chapter, or an allegation of liability of an owner for a violation of section three hundred eighty-five of this chapter and the rules of the department of transportation of the city of New York in relation to gross vehicle weight and/or axle weight violations imposed pursuant to a weigh in motion demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such gross vehicle weight and/or axle weight restrictions through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter, or an allega- tion of liability of an owner for a violation of bus operation-related traffic regulations as defined by article twenty-four of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such bus operation-related traffic regulations through the instal- lation and operation of bus operation-related photo devices, in accord- ance with article twenty-four of this chapter, OR AN ALLEGATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF STREET CLEANING PARKING RULES AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IMPOSED PURSUANT TO A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH STREET CLEANING PARKING RULES THROUGH THE INSTALLATION AND OPERATION OF STREET CLEANING VEHICLE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER, shall be held before a hearing examiner in accordance with rules and regulations promulgated by the bureau. g. A record shall be made of a hearing on a plea of not guilty or of a hearing at which liability in accordance with any provisions of law specifically authorizing the imposition of monetary liability on the owner of a vehicle for failure of an operator thereof: to comply with traffic-control indications in violation of subdivision (d) of section eleven hundred eleven of this chapter through the installation and oper- ation of traffic-control signal photo violation-monitoring systems, in accordance with article twenty-four of this chapter; to comply with certain posted maximum speed limits in violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter through the installation and operation of photo speed violation monitor- ing systems, in accordance with article thirty of this chapter; to comply with bus lane restrictions as defined by article twenty-four of this chapter through the installation and operation of bus lane photo devices, in accordance with article twenty-four of this chapter; to comply with toll collection regulations of certain public authorities through the installation and operation of photo-monitoring systems, in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty; to stop for a school bus displaying a red visual signal in violation of section eleven hundred seventy-four of this chapter through the installation and operation of school bus photo violation monitoring systems, in accordance with article twenty-nine of this chapter; to comply with certain posted maximum speed limits in violation of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter within a highway construction or maintenance work area through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; to comply with gross vehicle weight and/or axle weight restrictions in violation of section three hundred eighty-five of this chapter and the A. 8902--A 12 rules of the department of transportation of the city of New York through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; or to comply with bus operation-related traffic regulations as defined by article twenty-four of this chapter in violation of the rules of the department of transportation of the city of New York through the instal- lation and operation of bus operation-related photo devices, in accord- ance with article twenty-four of this chapter; OR TO COMPLY WITH STREET CLEANING PARKING RULES AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IN VIOLATION OF THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK THROUGH THE INSTALLATION AND OPERATION OF STREET CLEAN- ING VEHICLE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR 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 amended by section 7 of part MM of chapter 56 of the laws of 2023, 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] SUCH EXAMINER may examine either the prior parking violations record or the record of liabilities incurred in accordance with any provisions of law specif- ically authorizing the imposition of monetary liability on the owner of a vehicle for failure of an operator thereof: to comply with traffic- control indications in violation of subdivision (d) of section eleven hundred eleven of this chapter through the installation and operation of traffic-control signal photo violation-monitoring systems, in accordance with article twenty-four of this chapter; to comply with certain posted maximum speed limits in violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter through the instal- lation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; to comply with bus lane restrictions as defined by article twenty-four of this chapter through the installation and operation of bus lane photo devices, in accordance with article twenty-four of this chapter; to comply with toll collection regulations of certain public authorities through the installation and operation of photo-monitoring systems, in accordance with the provisions of section two thousand nine hundred eighty-five of the public authori- ties law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty; to stop for a school bus displaying a red visual signal in violation of section eleven hundred seventy-four of this chapter through the instal- lation and operation of school bus photo violation monitoring systems, in accordance with article twenty-nine of this chapter; to comply with certain posted maximum speed limits in violation of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter within a highway construction or maintenance work area through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; to comply with gross vehicle weight and/or axle weight restrictions in violation of section three hundred eighty-five of this chapter and the rules of the department of transpor- tation of the city of New York through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; [or] to comply with bus operation-related traffic regulations as defined by article twenty-four of this chapter in violation of the rules of the department of transportation of the city A. 8902--A 13 of New York through the installation and operation of bus operation-re- lated photo devices, in accordance with article twenty-four of this chapter; OR TO COMPLY WITH STREET CLEANING PARKING RULES AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IN VIOLATION OF THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK THROUGH THE INSTAL- LATION AND OPERATION OF STREET CLEANING VEHICLE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR 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 any provisions of law specifically authorizing the imposition of monetary liability on the owner of a vehicle for failure of an operator thereof: to comply with traffic-control indications in violation of subdivision (d) of section eleven hundred eleven of this chapter through the installation and operation of traffic-control signal photo viola- tion-monitoring systems, in accordance with article twenty-four of this chapter; to comply with certain posted maximum speed limits in violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; to comply with bus lane restrictions as defined by article twenty-four of this chapter through the installation and operation of bus lane photo devices, in accordance with article twenty-four of this chapter; to comply with toll collection regulations of certain public authorities through the installation and operation of photo-monitoring systems, in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty; to stop for a school bus display- ing a red visual signal in violation of section eleven hundred seventy- four of this chapter through the installation and operation of school bus photo violation monitoring systems, in accordance with article twen- ty-nine of this chapter; to comply with certain posted maximum speed limits in violation of subdivision (b), (d), (f) or (g) of section elev- en hundred eighty of this chapter within a highway construction or main- tenance work area through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; to comply with gross vehicle weight and/or axle weight restrictions in violation of section three hundred eighty-five of this chapter and the rules of the department of transportation of the city of New York through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; [or] to comply with bus operation-related traffic regulations as defined by article twenty-four of this chapter in violation of the rules of the department of transportation of the city of New York through the installation and operation of bus operation-related photo devices, in accordance with article twenty-four of this chapter; OR TO COMPLY WITH STREET CLEANING PARKING RULES AS DEFINED BY ARTICLE TWENTY- FOUR OF THIS CHAPTER IN VIOLATION OF THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK THROUGH THE INSTALLATION AND OPERATION OF STREET CLEANING VEHICLE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER, or fails to appear on a designated hearing date or subsequent adjourned date or fails after a hearing to A. 8902--A 14 comply with the determination of a hearing examiner, as prescribed by this article or by rule or regulation of the bureau, such failure to plead or contest, appear or comply shall be deemed, for all purposes, an admission of liability and shall be grounds for rendering and entering a default judgment in an amount provided by the rules and regulations of the bureau. However, after the expiration of the original date prescribed for entering a plea and before a default judgment may be rendered, in such case the bureau shall pursuant to the applicable provisions of law notify such operator or owner, by such form of first class mail as the commission may direct; (1) of the violation charged, or liability alleged in accordance with any provisions of law specif- ically authorizing the imposition of monetary liability on the owner of a vehicle for failure of an operator thereof: to comply with traffic- control indications in violation of subdivision (d) of section eleven hundred eleven of this chapter through the installation and operation of traffic-control signal photo violation-monitoring systems, in accordance with article twenty-four of this chapter; to comply with certain posted maximum speed limits in violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter through the instal- lation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; to comply with bus lane restrictions as defined by article twenty-four of this chapter through the installation and operation of bus lane photo devices, in accordance with article twenty-four of this chapter; to comply with toll collection regulations of certain public authorities through the installation and operation of photo-monitoring systems, in accordance with the provisions of section two thousand nine hundred eighty-five of the public authori- ties law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty; to stop for a school bus displaying a red visual signal in violation of section eleven hundred seventy-four of this chapter through the instal- lation and operation of school bus photo violation monitoring systems, in accordance with article twenty-nine of this chapter; to comply with certain posted maximum speed limits in violation of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter within a highway construction or maintenance work area through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; to comply with gross vehicle weight and/or axle weight restrictions in violation of section three hundred eighty-five of this chapter and the rules of the department of transpor- tation of the city of New York through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; [or] to comply with bus operation-related traffic regulations as defined by article twenty-four of this chapter in violation of the rules of the department of transportation of the city of New York through the installation and operation of bus operation-re- lated photo devices, in accordance with article twenty-four of this chapter; OR TO COMPLY WITH STREET CLEANING PARKING RULES AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IN VIOLATION OF THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK THROUGH THE INSTAL- LATION AND OPERATION OF STREET CLEANING VEHICLE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER, (2) of the impend- ing 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 A. 8902--A 15 default may be avoided by entering a plea or contesting an allegation of liability in accordance with any provisions of law specifically author- izing the imposition of monetary liability on the owner of a vehicle for failure of an operator thereof: to comply with traffic-control indi- cations in violation of subdivision (d) of section eleven hundred eleven of this chapter through the installation and operation of traffic-con- trol signal photo violation-monitoring systems, in accordance with arti- cle twenty-four of this chapter; to comply with certain posted maximum speed limits in violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; to comply with bus lane restrictions as defined by article twenty-four of this chapter through the installation and operation of bus lane photo devices, in accordance with article twenty-four of this chapter; to comply with toll collection regulations of certain public authorities through the installation and operation of photo-monitoring systems, in accordance with the provisions of section two thousand nine hundred eighty-five of the public authori- ties law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty; to stop for a school bus displaying a red visual signal in violation of section eleven hundred seventy-four of this chapter through the instal- lation and operation of school bus photo violation monitoring systems, in accordance with article twenty-nine of this chapter; to comply with certain posted maximum speed limits in violation of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter within a highway construction or maintenance work area through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; to comply with gross vehicle weight and/or axle weight restrictions in violation of section three hundred eighty-five of this chapter and the rules of the department of transpor- tation of the city of New York through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; [or] to comply with bus operation-related traffic regulations as defined by article twenty-four of this chapter in violation of the rules of the department of transportation of the city of New York through the installation and operation of bus operation-re- lated photo devices, in accordance with article twenty-four of this chapter; OR TO COMPLY WITH STREET CLEANING PARKING RULES AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IN VIOLATION OF THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK THROUGH THE INSTAL- LATION AND OPERATION OF STREET CLEANING VEHICLE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR 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 A. 8902--A 16 them, [he or she] SUCH EXAMINER shall impose no greater penalty or fine than those upon which the person was originally charged. § 8. Subparagraph (i) of paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law, as amended by section 8 of part MM of chapter 56 of the laws of 2023, 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 that the registrant or [his or her] THEIR 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 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] THEIR agent without being licensed as a motor vehicle for hire by the appropriate local authority, in violation of any of the provisions of this chapter or of any law, ordinance, rule or regulation made by a local authority; or (ii) the registrant was liable for a violation of subdivision (d) of section eleven hundred eleven of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with traffic-con- trol indications through the installation and operation of traffic-con- trol signal photo violation-monitoring systems, in accordance with arti- cle twenty-four of this chapter; or (iii) the registrant was liable for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for fail- ure of an operator thereof to comply with such posted maximum speed limits through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; or (iv) the registrant was liable for a violation of bus lane restrictions as defined by article twenty-four of this chapter imposed pursuant to a bus rapid transit program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such bus lane restrictions through the installation and operation of bus lane photo devices, in accordance with article twenty-four of this chap- ter; or (v) the registrant was liable for a violation of section eleven hundred seventy-four of this chapter when meeting a school bus marked and equipped as provided in subdivisions twenty and twenty-one-c of section three hundred seventy-five of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with school bus red visual signals through the installation and operation of school bus photo violation monitoring systems, in accordance with article twenty- nine of this chapter; or (vi) the registrant was liable for a violation of section three hundred eighty-five of this chapter and the rules of the department of transportation of the city of New York in relation to gross vehicle weight and/or axle weight violations imposed pursuant to a weigh in motion demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such gross vehicle weight and/or axle weight restrictions through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; or (vii) the registrant was liable for a violation of subdivision (b), (d), (f) or A. 8902--A 17 (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such posted maximum speed limits within a highway construction or maintenance work area through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter[,]; or (viii) the registrant was liable for a violation of bus operation-related traffic regulations as defined by article twenty-four of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such bus operation-related traffic regulations through the installation and operation of bus operation-related photo devices, in accordance with article twenty-four of this chapter[,]; OR (IX) THE REGISTRANT WAS LIABLE FOR A VIOLATION OF STREET CLEANING PARK- ING RULES AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IMPOSED PURSUANT TO A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH STREET CLEANING PARKING RULES THROUGH THE INSTALLATION AND OPERA- TION OF STREET CLEANING VEHICLE PHOTO DEVICES, IN ACCORDANCE WITH ARTI- CLE TWENTY-FOUR OF THIS CHAPTER, the commissioner or [his or her] THEIR 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 administra- tive tribunal that [he or she] SUCH APPLICANT 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] THEIR 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. § 9. Subdivision 1-a of section 1809 of the vehicle and traffic law, as amended by section 9 of part MM of chapter 56 of the laws of 2023, is amended to read as follows: 1-a. Notwithstanding the provisions of subdivision one of this section, the provisions of subdivision one of this section shall not apply to an adjudication of liability of owners: (a) for violations of subdivision (d) of section eleven hundred eleven of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with traffic-control indications through the installation and operation of traffic-control signal photo violation-monitoring systems, in accordance with article twenty-four of this chapter; or (b) for violations of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such posted maximum speed limits through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; or (c) for violations A. 8902--A 18 of bus lane restrictions as defined by article twenty-four of this chap- ter imposed pursuant to a bus rapid transit program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such bus lane restrictions through the installation and operation of bus lane photo devices, in accordance with article twenty- four of this chapter; or (d) for violations of toll collection regu- lations imposed by certain public authorities pursuant to the law authorizing such public authorities to impose monetary liability on the owner of a vehicle for failure of an operator thereof to comply with toll collection regulations of such public authorities through the installation and operation of photo-monitoring systems, in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty; or (e) for violations of section eleven hundred seventy- four of this chapter when meeting a school bus marked and equipped as provided in subdivisions twenty and twenty-one-c of section three hundred seventy-five of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with school bus red visual signals through the installation and operation of school bus photo violation monitoring systems, in accordance with article twenty-nine of this chapter; or (f) for violations of section three hundred eighty-five of this chapter and the rules of the department of transportation of the city of New York in relation to gross vehicle weight and/or axle weight violations imposed pursuant to a weigh in motion demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such gross vehicle weight and/or axle weight restrictions through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; or (g) for violations of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such posted maximum speed limits within a highway construction or maintenance work area through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; or (h) for violations of bus operation-related traffic regulations as defined by article twenty-four of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such bus oper- ation-related traffic regulations through the installation and operation of bus operation-related photo devices, in accordance with article twen- ty-four of this chapter; OR (I) FOR VIOLATIONS OF STREET CLEANING PARK- ING RULES AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IMPOSED PURSUANT TO A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH STREET CLEANING PARKING RULES THROUGH THE INSTALLATION AND OPERA- TION OF STREET CLEANING VEHICLE PHOTO DEVICES, IN ACCORDANCE WITH ARTI- CLE TWENTY-FOUR OF THIS CHAPTER. § 10. Subdivision 1 of section 1809-a of the vehicle and traffic law, as amended by section 10 of part MM of chapter 56 of the laws of 2023, is amended to read as follows: 1. The provisions of any other general or special law notwithstanding, whenever, in a city having a population of one hundred thousand or more according to the nineteen hundred eighty United States census, A. 8902--A 19 proceedings in an administrative tribunal or a court result in a finding of liability, or conviction for the violation of any statute, local law, ordinance or rule involving the parking, stopping or standing of a motor vehicle, except (A) an adjudication of liability of an owner for a violation of bus operation-related traffic regulations as defined by article twenty-four of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for fail- ure of an operator thereof to comply with such bus operation-related traffic regulations through the installation and operation of bus opera- tion-related photo devices, in accordance with article twenty-four of this chapter, OR (B) AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF STREET CLEANING PARKING RULES AS DEFINED BY ARTICLE TWEN- TY-FOUR OF THIS CHAPTER IMPOSED PURSUANT TO A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH STREET CLEANING PARKING RULES THROUGH THE INSTALLATION AND OPERATION OF STREET CLEANING VEHICLE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER, there shall be levied a mandatory surcharge in addition to any other sentence, fine or penalty otherwise permitted or required, in the amount of fifteen dollars. Such surcharge shall not be deemed a monetary penalty for the purposes of section two hundred thirty-seven of this chapter or section 19-203 of the administrative code of the city of New York. § 11. Subdivision 1 of section 1809-aa of the vehicle and traffic law, as amended by section 11 of part MM of chapter 56 of the laws of 2023, is amended to read as follows: 1. Notwithstanding any other provision of law, whenever proceedings in an administrative tribunal or court result in a conviction for a violation of section twelve hundred, twelve hundred one or twelve hundred two of this chapter, except (A) an adjudication of liability of an owner for a violation of bus operation-related traffic regulations as defined by article twenty-four of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such bus oper- ation-related traffic regulations through the installation and operation of bus operation-related photo devices, in accordance with article twen- ty-four of this chapter, OR (B) AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF STREET CLEANING PARKING RULES AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IMPOSED PURSUANT TO A DEMON- STRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH STREET CLEANING PARKING RULES THROUGH THE INSTALLATION AND OPERATION OF STREET CLEANING VEHICLE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER, there shall be levied a mandatory surcharge in addition to any other sentence, fine or penalty otherwise permitted or required, in the amount of twenty-five dollars. § 12. Paragraph a of subdivision 1 of section 1809-e of the vehicle and traffic law, as amended by section 12 of part MM of chapter 56 of the laws of 2023, 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: (i) a traffic infraction involving standing, stopping, or parking or violations by pedestrians or bicyclists; and (ii) an adjudication of liability of an A. 8902--A 20 owner for a violation of subdivision (d) of section eleven hundred elev- en of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with traffic-control indications through the installa- tion and operation of traffic-control signal photo violation-monitoring systems, in accordance with article twenty-four of this chapter; and (iii) an adjudication of liability of an owner for a violation of subdi- vision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing mone- tary liability on the owner of a vehicle for failure of an operator thereof to comply with such posted maximum speed limits through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; and (iv) an adjudi- cation of liability of an owner for a violation of bus lane restrictions as defined by article twenty-four of this chapter imposed pursuant to a bus rapid transit program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such bus lane restrictions through the installation and operation of bus lane photo devices, in accordance with article twenty-four of this chapter; and (v) an adjudication of liability of an owner for a violation of toll collection regulations imposed by certain public authorities pursuant to the law authorizing such public authorities to impose monetary liability on the owner of a vehicle for failure of an operator thereof to comply with toll collection regulations of such public authorities through the installation and operation of photo-monitoring systems, in accordance with section two thousand nine hundred eighty-five of the public author- ities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty; and (vi) an adjudication of liability of an owner for a violation of section eleven hundred seventy-four of this chapter when meeting a school bus marked and equipped as provided in subdivisions twenty and twenty-one-c of section three hundred seventy-five of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with school bus red visual signals through the installation and operation of school bus photo violation monitoring systems, in accordance with article twenty- nine of this chapter; and (vii) an adjudication of liability of an owner for a violation of section three hundred eighty-five of this chapter and the rules of the department of transportation of the city of New York in relation to gross vehicle weight and/or axle weight violations imposed pursuant to a weigh in motion demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such gross vehicle weight and/or axle weight restrictions through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; and (viii) 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 imposed pursuant to a demonstration program imposing mone- tary liability on the owner of a vehicle for failure of an operator thereof to comply with such posted maximum speed limits within a highway construction or maintenance work area through the installation and oper- ation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; and (ix) an adjudication of liability of an owner for a violation of bus operation-related traffic regulations as defined by article twenty-four of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a A. 8902--A 21 vehicle for failure of an operator thereof to comply with such bus oper- ation-related traffic regulations through the installation and operation of bus operation-related photo devices, in accordance with article twen- ty-four of this chapter; AND (X) AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF STREET CLEANING PARKING RULES AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IMPOSED PURSUANT TO A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAIL- URE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH STREET CLEANING PARKING RULES THROUGH THE INSTALLATION AND OPERATION OF STREET CLEANING VEHICLE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER, there shall be levied in addition to any sentence, penalty or other surcharge required or permitted by law, an additional surcharge of twen- ty-eight dollars. § 13. Subdivision 2 of section 87 of the public officers law is amended by adding a new paragraph (u) to read as follows: (U) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PREPARED UNDER AUTHORITY OF SECTION ELEVEN HUNDRED ELEVEN-H OF THE VEHICLE AND TRAFFIC LAW. § 14. This act shall take effect one year after it shall have become a law; provided, however, that sections one and thirteen of this act shall expire July 1, 2029, when upon such date the provisions of such sections shall be deemed repealed; provided further, however, that: (a) the amendments to subdivision 1 of section 1809-a of the vehicle and traffic law made by section ten of this act shall not affect the repeal of such section and shall be deemed repealed therewith; (b) if section 2 of part MM of chapter 56 of the laws of 2023 shall not have taken effect on or before such date then section two of this act shall take effect on the same date and in the same manner as such chapter of the laws of 2023, takes effect; (c) if section 3 of part MM of chapter 56 of the laws of 2023 shall not have taken effect on or before such date then section three of this act shall take effect on the same date and in the same manner as such chapter of the laws of 2023, takes effect; (d) if section 4 of part MM of chapter 56 of the laws of 2023 shall not have taken effect on or before such date then section four of this act shall take effect on the same date and in the same manner as such chapter of the laws of 2023, takes effect; (e) if section 5 of part MM of chapter 56 of the laws of 2023 shall not have taken effect on or before such date then section five of this act shall take effect on the same date and in the same manner as such chapter of the laws of 2023, takes effect; (f) if section 6 of part MM of chapter 56 of the laws of 2023 shall not have taken effect on or before such date then section six of this act shall take effect on the same date and in the same manner as such chapter of the laws of 2023, takes effect; (g) if section 7 of part MM of chapter 56 of the laws of 2023 shall not have taken effect on or before such date then section seven of this act shall take effect on the same date and in the same manner as such chapter of the laws of 2023, takes effect; (h) if section 8 of part MM of chapter 56 of the laws of 2023 shall not have taken effect on or before such date then section eight of this act shall take effect on the same date and in the same manner as such chapter of the laws of 2023, takes effect; (i) if section 9 of part MM of chapter 56 of the laws of 2023 shall not have taken effect on or before such date then section nine of this A. 8902--A 22 act shall take effect on the same date and in the same manner as such chapter of the laws of 2023, takes effect; (j) if section 10 of part MM of chapter 56 of the laws of 2023 shall not have taken effect on or before such date then section ten of this act shall take effect on the same date and in the same manner as such chapter of the laws of 2023, takes effect; (k) if section 11 of part MM of chapter 56 of the laws of 2023 shall not have taken effect on or before such date then section eleven of this act shall take effect on the same date and in the same manner as such chapter of the laws of 2023, takes effect; (l) if section 12 of part MM of chapter 56 of the laws of 2023 shall not have taken effect on or before such date then section twelve of this act shall take effect on the same date and in the same manner as such chapter of the laws of 2023, takes effect. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of section one of this act on its effective date are authorized to be made and completed on or before such effective date.
co-Sponsors
Rodneyse Bichotte Hermelyn
Grace Lee
Maritza Davila
Yudelka Tapia
Jessica Gonzalez-Rojas
Alicia Hyndman
Al Taylor
Alex Bores
2023-A8902B - Details
- See Senate Version of this Bill:
- S8756
- Current Committee:
- Assembly Transportation
- Law Section:
- Vehicle and Traffic Law
- Laws Affected:
- Amd V & T L, generally; amd §87, Pub Off L
2023-A8902B - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
8902--B
I N A S S E M B L Y
January 26, 2024
___________
Introduced by M. of A. CUNNINGHAM, BICHOTTE HERMELYN, LEE, DAVILA --
read once and referred to the Committee on Transportation -- recommit-
ted to the Committee on Transportation in accordance with Assembly
Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- again
reported from said committee with amendments, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the vehicle and traffic law, in relation to owner
liability for failure of an operator to comply with street cleaning
parking rules; to amend the public officers law, in relation to access
to records prepared pursuant to street cleaning parking rules; and
providing for the repeal of certain provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The vehicle and traffic law is amended by adding a new
section 1111-h to read as follows:
§ 1111-H. OWNER LIABILITY FOR FAILURE TO COMPLY WITH STREET CLEANING
PARKING RULES. (A) 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE
CITY OF NEW YORK IS HEREBY AUTHORIZED AND EMPOWERED TO ESTABLISH A
PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAIL-
URE TO COMPLY WITH STREET CLEANING PARKING RULES IN SUCH CITY IN ACCORD-
ANCE WITH THE PROVISIONS OF THIS SECTION. THE NEW YORK CITY DEPARTMENT
OF SANITATION, FOR PURPOSES OF THE IMPLEMENTATION OF SUCH PROGRAM, SHALL
OPERATE STREET CLEANING VEHICLE PHOTO DEVICES ON STREET CLEANING VEHI-
CLES ALONG ALL STREET CLEANING ROUTES IN SUCH CITY.
2. THE CITY OF NEW YORK SHALL ADOPT AND ENFORCE MEASURES:
(I) TO ENSURE, TO THE EXTENT PRACTICABLE, THAT PHOTOGRAPHS PRODUCED BY
SUCH STREET CLEANING VEHICLE PHOTO DEVICES SHALL NOT INCLUDE IMAGES THAT
IDENTIFY ANY PERSON OR PERSONS WHO MAY BE OCCUPYING THE VEHICLE, OR THE
CONTENTS OF THE VEHICLE. HOWEVER, A NOTICE OF LIABILITY ISSUED PURSUANT
TO THIS SECTION SHALL NOT BE DISMISSED SOLELY BECAUSE A PHOTOGRAPH OR
PHOTOGRAPHS ALLOW FOR THE IDENTIFICATION OF A PERSON OR PERSONS WHO MAY
BE OCCUPYING THE VEHICLE OR THE CONTENTS OF A VEHICLE;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13521-06-4
A. 8902--B 2 (II) TO UPGRADE SIGNAGE AT REGULAR INTERVALS WITHIN STREET CLEANING ROUTES STATING THAT STREET CLEANING VEHICLE PHOTO DEVICES ARE USED TO ENFORCE STREET CLEANING PARKING RULES ALONG SUCH ROUTES; AND (III) TO PROHIBIT THE USE OR DISSEMINATION OF VEHICLES' LICENSE PLATE INFORMATION AND OTHER INFORMATION AND IMAGES CAPTURED BY STREET CLEANING VEHICLE PHOTO DEVICES EXCEPT: (A) AS REQUIRED TO ESTABLISH LIABILITY UNDER THIS SECTION OR COLLECT PAYMENT OF PENALTIES; (B) AS REQUIRED BY COURT ORDER; OR (C) AS OTHERWISE REQUIRED BY LAW. (B) IF THE CITY OF NEW YORK HAS ESTABLISHED A 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 PARKED IN VIOLATION OF ANY STREET CLEANING PARKING RULE OF SUCH CITY AND SUCH VIOLATION IS EVIDENCED BY INFORMATION OBTAINED FROM A STREET CLEAN- ING VEHICLE PHOTO DEVICE. (C) FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 1. "OWNER" SHALL HAVE THE MEANING PROVIDED IN ARTICLE TWO-B OF THIS CHAPTER. 2. "STREET CLEANING ROUTES" SHALL MEAN STREET CLEANING ROUTES DESIG- NATED BY THE NEW YORK CITY DEPARTMENT OF SANITATION THAT INCLUDE UPGRADED SIGNAGE STATING THAT STREET CLEANING VEHICLE PHOTO DEVICES ARE USED TO ENFORCE STREET CLEANING PARKING RULES. 3. "STREET CLEANING PARKING RULES" SHALL MEAN THE PROHIBITED PARKING OF ANY VEHICLE ON ONE SIDE OF THE STREET TO ALLOW FOR CLEANING BY THE NEW YORK CITY DEPARTMENT OF SANITATION DURING DESIGNATED TIME PERIODS AS POSTED BY SIGN. 4. "STREET CLEANING VEHICLE" SHALL MEAN ANY VEHICLE OPERATED BY THE NEW YORK CITY DEPARTMENT OF SANITATION THAT IS DESIGNED TO WASH DIRT AND GRIME, AND REMOVE LITTER AND DEBRIS, FROM THE STREET SURFACE. 5. "STREET CLEANING VEHICLE PHOTO DEVICE" SHALL MEAN A DEVICE THAT IS MOUNTED ON A STREET CLEANING VEHICLE, IS CAPABLE OF OPERATING INDEPEND- ENTLY OF AN ENFORCEMENT OFFICER AND PRODUCES ONE OR MORE IMAGES OF EACH VEHICLE AT THE TIME IT IS IN VIOLATION OF STREET CLEANING PARKING RULES. (D) A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY THE CITY OF NEW YORK IN WHICH THE CHARGED VIOLATION OCCURRED, OR A FACSIMILE THEREOF, BASED UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTO- GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY A STREET CLEANING VEHICLE PHOTO DEVICE, SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN. ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES EVIDENCING SUCH A VIOLATION SHALL BE AVAILABLE FOR INSPECTION IN ANY PROCEEDING TO ADJUDICATE THE LIABILITY FOR SUCH VIOLATION PURSUANT TO THIS SECTION. (E) AN OWNER LIABLE FOR A VIOLATION OF A STREET CLEANING PARKING RULE IMPOSED ON ANY ROUTE SHALL BE LIABLE FOR MONETARY PENALTIES IN ACCORD- ANCE WITH A SCHEDULE OF FINES AND PENALTIES PROMULGATED BY THE PARKING VIOLATIONS BUREAU OF THE CITY OF NEW YORK; PROVIDED, HOWEVER, THAT THE MONETARY PENALTY FOR VIOLATING A STREET CLEANING PARKING RULE SHALL NOT EXCEED FIFTY DOLLARS FOR EACH VIOLATION; PROVIDED, FURTHER, THAT AN OWNER SHALL BE LIABLE FOR AN ADDITIONAL PENALTY NOT TO EXCEED TWENTY- FIVE DOLLARS FOR EACH VIOLATION FOR THE FAILURE TO RESPOND TO A NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME PERIOD. (F) AN IMPOSITION OF LIABILITY UNDER A LOCAL LAW OR ORDINANCE ADOPTED PURSUANT TO THIS SECTION SHALL NOT BE DEEMED A CONVICTION AS AN OPERATOR AND SHALL NOT BE MADE PART OF THE OPERATING RECORD OF THE PERSON UPON WHOM SUCH LIABILITY IS IMPOSED NOR SHALL IT BE USED FOR INSURANCE PURPOSES IN THE PROVISION OF MOTOR VEHICLE INSURANCE COVERAGE. A. 8902--B 3 (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 A STREET CLEANING PARKING RULE. 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 VIOLATION OF A STREET CLEAN- ING PARKING RULE, THE REGISTRATION NUMBER OF THE VEHICLE INVOLVED IN SUCH VIOLATION, THE LOCATION WHERE SUCH VIOLATION TOOK PLACE INCLUDING THE STREET OR CROSS STREETS, ONE OR MORE IMAGES IDENTIFYING THE VIOLATION, THE DATE AND TIME OF SUCH VIOLATION AND THE IDENTIFICATION NUMBER OF THE STREET CLEANING VEHICLE PHOTO DEVICE THAT RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER. 3. THE NOTICE OF LIABILITY SHALL CONTAIN INFORMATION ADVISING THE PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH SUCH PERSON MAY CONTEST THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO CONTAIN A 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 AGENCY OR AGENCIES DESIGNATED BY THE CITY OF NEW YORK, OR ANY OTHER ENTITY AUTHORIZED BY SUCH CITY TO PREPARE AND MAIL SUCH NOTIFICATION OF VIOLATION. 5. ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION SHALL BE BY THE NEW YORK CITY PARKING VIOLATIONS BUREAU. (H) IF AN OWNER OF A VEHICLE RECEIVES A NOTICE OF LIABILITY PURSUANT TO THIS SECTION FOR ANY TIME PERIOD DURING WHICH THE VEHICLE WAS REPORTED TO THE POLICE DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE A VALID DEFENSE TO AN ALLEGATION OF LIABILITY FOR VIOLATION OF A STREET CLEANING PARKING RULE OF SUCH CITY, THAT THE VEHICLE HAD BEEN REPORTED TO THE POLICE AS STOLEN PRIOR TO THE TIME THE VIOLATION OCCURRED AND HAD NOT BEEN RECOVERED BY SUCH TIME. FOR PURPOSES OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION IT SHALL BE SUFFICIENT THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE STOLEN VEHICLE BE SENT BY FIRST CLASS MAIL TO THE PARKING VIOLATIONS BUREAU. (I) 1. AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION (G) OF THIS SECTION SHALL NOT BE LIABLE FOR THE VIOLATION OF THE STREET CLEANING PARKING RULE, PROVIDED THAT: (I) PRIOR TO THE VIOLATION, THE LESSOR HAS FILED WITH SUCH PARKING VIOLATIONS BUREAU IN ACCORDANCE WITH THE PROVISIONS OF SECTION TWO HUNDRED THIRTY-NINE OF THIS CHAPTER; AND (II) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM SUCH BUREAU OF THE DATE AND TIME OF SUCH LIABILITY, TOGETHER WITH THE OTHER INFORMA- TION CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY, THE LESSOR SUBMITS TO SUCH BUREAU THE CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE IDENTIFIED IN THE NOTICE OF LIABILITY AT THE TIME OF SUCH VIOLATION, TOGETHER WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL, LEASE OR OTHER CONTRACT DOCUMENT, AS MAY BE REASONABLY REQUIRED BY SUCH BUREAU PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE. 2. FAILURE TO COMPLY WITH SUBPARAGRAPH (II) OF PARAGRAPH ONE OF THIS SUBDIVISION SHALL RENDER THE LESSOR LIABLE FOR THE PENALTY PRESCRIBED IN THIS SECTION. 3. WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF PARAGRAPH ONE OF THIS SUBDIVISION, THE LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH A. 8902--B 4 VIOLATION SHALL BE DEEMED TO BE THE OWNER OF SUCH VEHICLE FOR PURPOSES OF THIS SECTION, SHALL BE SUBJECT TO LIABILITY FOR SUCH VIOLATION PURSU- ANT TO THIS SECTION, AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (G) OF THIS SECTION. § 2. Subdivision 1 of section 235 of the vehicle and traffic law, as amended by section 2 of part MM of chapter 56 of the laws of 2023, 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: (a) to hear and determine complaints of traffic infractions constituting parking, standing or stopping violations, or (b) to adjudi- cate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with traffic-con- trol indications through the installation and operation of traffic-con- trol signal photo violation-monitoring systems, in accordance with arti- cle twenty-four of this chapter, or (c) to adjudicate the liability of owners for violations of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such posted maximum speed limits through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter, or (d) to adjudicate the liability of owners for violations of bus lane restrictions as defined by article twenty-four of this chapter imposed pursuant to a bus rapid transit program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such bus lane restrictions through the installa- tion and operation of bus lane photo devices, in accordance with article twenty-four of this chapter, or (e) to adjudicate the liability of owners for violations of toll collection regulations imposed by certain public authorities pursuant to the law authorizing such public authori- ties to impose monetary liability on the owner of a vehicle for failure of an operator thereof to comply with toll collection regulations of such public authorities through the installation and operation of photo-monitoring systems, in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, or (f) to adjudicate the liability of owners for violations of section eleven hundred seven- ty-four of this chapter when meeting a school bus marked and equipped as provided in subdivisions twenty and twenty-one-c of section three hundred seventy-five of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with school bus red visual signals through the installation and operation of school bus photo violation monitoring systems, in accordance with article twenty-nine of this chapter, or (g) to adjudicate the liability of owners for violations of section three hundred eighty-five of this chapter and the rules of the department of transportation of the city of New York in relation to gross vehicle weight and/or axle weight violations imposed pursuant to a weigh in motion demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such gross vehicle weight and/or axle weight restrictions A. 8902--B 5 through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter, or (h) to adjudicate the liability of owners for violations of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such posted maximum speed limits within a highway construction or maintenance work area through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter, or (i) to adjudicate the liability of owners for violations of bus operation-related traffic regulations as defined by article twenty-four of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for fail- ure of an operator thereof to comply with such bus operation-related traffic regulations through the installation and operation of bus opera- tion-related photo devices, in accordance with article twenty-four of this chapter, OR (J) TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF STREET CLEANING PARKING RULES AS DEFINED BY ARTICLE TWEN- TY-FOUR OF THIS CHAPTER IMPOSED PURSUANT TO A PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH STREET CLEANING PARKING RULES THROUGH THE INSTALLA- TION AND OPERATION OF STREET CLEANING VEHICLE PHOTO DEVICES, IN ACCORD- ANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER, such tribunal and the rules and regulations pertaining thereto shall be constituted in substantial conformance with the following sections. § 3. Subdivision 1 of section 236 of the vehicle and traffic law, as amended by section 3 of part MM of chapter 56 of the laws of 2023, 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: (a) to adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with traffic-control indications through the installation and operation of traffic-control signal photo violation- monitoring systems, in accordance with article twenty-four of this chap- ter, or (b) to adjudicate the liability of owners for violations of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such posted maximum speed limits through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter, or (c) to adjudicate the liability of owners for violations of bus lane restrictions as defined by article twenty-four of this chapter imposed pursuant to a bus rapid transit program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such bus lane restrictions through the installation and operation of bus lane photo devices, in accordance with article twenty-four of this chapter, or (d) to adjudicate the liability of owners for violations of toll collection regulations imposed by certain public authorities pursuant to the law authorizing such public authorities to impose monetary liability on the owner of a vehicle for failure of an operator thereof to comply with toll collection regulations of such public authorities through the A. 8902--B 6 installation and operation of photo-monitoring systems, in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, or (e) to adjudicate the liability of owners for violations of section eleven hundred seventy-four of this chapter when meeting a school bus marked and equipped as provided in subdivisions twenty and twenty-one-c of section three hundred seventy-five of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with school bus red visual signals through the installation and operation of school bus photo violation monitoring systems, in accordance with article twenty-nine of this chapter, or (f) to adjudi- cate the liability of owners for violations of section three hundred eighty-five of this chapter and the rules of the department of transpor- tation of the city of New York in relation to gross vehicle weight and/or axle weight violations imposed pursuant to a weigh in motion demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such gross vehicle weight and/or axle weight restrictions through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter, or (g) to adjudicate the liability of owners for violations of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such posted maximum speed limits within a highway construction or maintenance work area through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter, or (h) to adjudicate the liability of owners for violations of bus oper- ation-related traffic regulations as defined by article twenty-four of this chapter imposed pursuant to a demonstration program imposing mone- tary liability on the owner of a vehicle for failure of an operator thereof to comply with such bus operation-related traffic regulations through the installation and operation of bus operation-related photo devices, in accordance with article twenty-four of this chapter, OR (I) TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF STREET CLEANING PARKING RULES AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IMPOSED PURSUANT TO A PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH STREET CLEANING PARKING RULES THROUGH THE INSTALLATION AND OPERA- TION OF STREET CLEANING VEHICLE PHOTO DEVICES, IN ACCORDANCE WITH ARTI- CLE TWENTY-FOUR OF THIS CHAPTER. Such tribunal, except in a city with a population of one million or more, shall also have jurisdiction of aban- doned vehicle violations. For the purposes of this article, a parking violation is the violation of any law, rule or regulation providing for or regulating the parking, stopping or standing of a vehicle. In addi- tion for purposes of this article, "commissioner" shall mean and include the commissioner of traffic of the city or an official possessing authority as such a commissioner. § 4. Paragraph f of subdivision 1 of section 239 of the vehicle and traffic law, as amended by section 4 of part MM of chapter 56 of the laws of 2023, 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 A. 8902--B 7 to authorization set forth in articles ten, twenty-four, twenty-nine and thirty of this chapter, section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty to impose monetary liability on the owner of a vehicle for failure of an operator thereof: to comply with traffic-control indi- cations in violation of subdivision (d) of section eleven hundred eleven of this chapter through the installation and operation of traffic-con- trol signal photo violation-monitoring systems, in accordance with arti- cle twenty-four of this chapter; or to comply with certain posted maxi- mum speed limits in violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter through the installa- tion and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; or to comply with bus lane restrictions as defined by article twenty-four of this chapter through the installation and operation of bus lane photo devices, in accordance with article twenty-four of this chapter; or to comply with toll collection regulations of certain public authorities through the installation and operation of photo-monitoring systems, in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty; or to stop for a school bus displaying a red visual signal in violation of section eleven hundred seventy-four of this chap- ter through the installation and operation of school bus photo violation monitoring systems, in accordance with article twenty-nine of this chap- ter; or to comply with certain posted maximum speed limits in violation of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter within a highway construction or maintenance work area through the installation and operation of photo speed violation monitor- ing systems, in accordance with article thirty of this chapter; or to comply with gross vehicle weight and/or axle weight restrictions in violation of section three hundred eighty-five of this chapter and the rules of the department of transportation of the city of New York through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; or to comply with bus operation-related traffic regulations as defined by article twenty-four of this chapter in violation of the rules of the department of transportation of the city of New York through the instal- lation and operation of bus operation-related photo devices, in accord- ance with article twenty-four of this chapter; OR TO COMPLY WITH STREET CLEANING PARKING RULES AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IN VIOLATION OF THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK THROUGH THE INSTALLATION AND OPERATION OF STREET CLEAN- ING VEHICLE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER. § 5. Subdivisions 1, 1-a and the opening subparagraph of paragraph (a) of subdivision 1-b of section 240 of the vehicle and traffic law, as amended by section 5 of part MM of chapter 56 of the laws of 2023, 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 any provisions of law specifically authorizing the imposition of monetary liability on the owner of a vehicle for failure of an operator thereof: to comply with traffic-control indications in violation of subdivision (d) of section eleven hundred eleven of this A. 8902--B 8 chapter through the installation and operation of traffic-control signal photo violation-monitoring systems, in accordance with article twenty- four of this chapter; or to comply with certain posted maximum speed limits in violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter through the installation and oper- ation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; or to comply with bus lane restrictions as defined by article twenty-four of this chapter through the installa- tion and operation of bus lane photo devices, in accordance with article twenty-four of this chapter; or to comply with toll collection regu- lations of certain public authorities through the installation and oper- ation of photo-monitoring systems, in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty; or to stop for a school bus displaying a red visual signal in violation of section eleven hundred seventy-four of this chapter through the installation and operation of school bus photo violation monitoring systems, in accord- ance with article twenty-nine of this chapter; or to comply with certain posted maximum speed limits in violation of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter within a highway construction or maintenance work area through the installation and oper- ation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; or to comply with gross vehicle weight and/or axle weight restrictions in violation of section three hundred eighty-five of this chapter and the rules of the department of transpor- tation of the city of New York through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; or to comply with bus operation-related traffic regulations as defined by article twenty-four of this chapter in violation of the rules of the department of transportation of the city of New York through the installation and operation of bus operation-re- lated photo devices, in accordance with article twenty-four of this chapter; OR TO COMPLY WITH STREET CLEANING PARKING RULES AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IN VIOLATION OF THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK THROUGH THE INSTAL- LATION AND OPERATION OF STREET CLEANING VEHICLE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER, contests such alle- gation, 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] SUCH PERSON must appear to answer the charge at a hearing. The form and content of such notice of hearing shall be prescribed by the direc- tor, 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 provisions of law specifically authorizing the impo- sition of monetary liability on the owner of a vehicle for failure of an operator thereof: to comply with traffic-control indications in violation of subdivision (d) of section eleven hundred eleven of this chapter through the installation and operation of traffic-control signal photo violation-monitoring systems, in accordance with article twenty- four of this chapter; or to comply with certain posted maximum speed limits in violation of subdivision (b), (c), (d), (f) or (g) of section A. 8902--B 9 eleven hundred eighty of this chapter through the installation and oper- ation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; or to comply with bus lane restrictions as defined by article twenty-four of this chapter through the installa- tion and operation of bus lane photo devices, in accordance with article twenty-four of this chapter; or to comply with toll collection regu- lations of certain public authorities through the installation and oper- ation of photo-monitoring systems, in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty; or to stop for a school bus displaying a red visual signal in violation of section eleven hundred seventy-four of this chapter through the installation and operation of school bus photo violation monitoring systems, in accord- ance with article twenty-nine of this chapter; or to comply with certain posted maximum speed limits in violation of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter within a highway construction or maintenance work area through the installation and oper- ation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; or to comply with gross vehicle weight and/or axle weight restrictions in violation of section three hundred eighty-five of this chapter and the rules of the department of transpor- tation of the city of New York through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; or to comply with bus operation-related traffic regulations as defined by article twenty-four of this chapter in violation of the rules of the department of transportation of the city of New York through the installation and operation of bus operation-re- lated photo devices, in accordance with article twenty-four of this chapter; OR TO COMPLY WITH STREET CLEANING PARKING RULES AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IN VIOLATION OF THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK THROUGH THE INSTAL- LATION AND OPERATION OF STREET CLEANING VEHICLE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR 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. In a city having a population of one million or more, at every hearing for the adjudication of a notice of liability, as provided by this arti- cle, there shall be a rebuttable presumption that the owner of a first- response emergency vehicle alleged to be liable in accordance with any provisions of law specifically authorizing the imposition of monetary liability on the owner of a vehicle for failure of an operator thereof: to comply with traffic-control indications in violation of subdivision (d) of section eleven hundred eleven of this chapter through the instal- lation and operation of traffic-control signal photo violation-monitor- ing systems, in accordance with article twenty-four of this chapter; or to comply with certain posted maximum speed limits in violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; or to comply with bus lane restrictions as defined by article twenty-four of this chapter through the installation and operation of bus lane photo devices, in accordance with article twenty-four of this chapter; or to comply with bus operation-related traffic regulations as A. 8902--B 10 defined by article twenty-four of this chapter in violation of the rules of the department of transportation of the city of New York through the installation and operation of bus operation-related photo devices, in accordance with article twenty-four of this chapter; OR TO COMPLY WITH STREET CLEANING PARKING RULES AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IN VIOLATION OF THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK THROUGH THE INSTALLATION AND OPERATION OF STREET CLEANING VEHICLE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWEN- TY-FOUR OF THIS CHAPTER is not liable for such alleged violation if such owner of the first-response emergency vehicle provides the hearing offi- cer with: § 6. Paragraphs a and g of subdivision 2 of section 240 of the vehicle and traffic law, as amended by section 6 of part MM of chapter 56 of the laws of 2023, are amended to read as follows: a. Every hearing for the adjudication of a charge of parking violation or an allegation of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with traffic-con- trol indications through the installation and operation of traffic-con- trol signal photo violation-monitoring systems, in accordance with arti- cle twenty-four of this chapter, or an allegation of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with certain posted maximum speed limits through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter, or an allegation of liability of an owner for a violation of bus lane restrictions as defined by article twenty-four of this chap- ter imposed pursuant to a bus rapid transit program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such bus lane restrictions through the installation and operation of bus lane photo devices, in accordance with article twenty- four of this chapter, or an allegation of liability of an owner for a violation of toll collection regulations imposed by certain public authorities pursuant to the law authorizing such public authorities to impose monetary liability on the owner of a vehicle for failure of an operator thereof to comply with toll collection regulations of such public authorities through the installation and operation of photo-moni- toring systems, in accordance with the provisions of section two thou- sand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, or an allegation of liability of an owner for a violation of section eleven hundred seventy-four of this chapter when meeting a school bus marked and equipped as provided in subdivisions twenty and twenty-one-c of section three hundred seventy- five of this chapter imposed pursuant to a local law or ordinance impos- ing monetary liability on the owner of a vehicle for failure of an oper- ator thereof to comply with school bus red visual signals through the installation and operation of school bus photo violation monitoring systems, in accordance with article twenty-nine of this chapter, or an allegation of liability of an owner for a violation of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with A. 8902--B 11 certain posted maximum speed limits within a highway construction or maintenance work area through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter, or an allegation of liability of an owner for a violation of section three hundred eighty-five of this chapter and the rules of the department of transportation of the city of New York in relation to gross vehicle weight and/or axle weight violations imposed pursuant to a weigh in motion demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such gross vehicle weight and/or axle weight restrictions through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter, or an allega- tion of liability of an owner for a violation of bus operation-related traffic regulations as defined by article twenty-four of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such bus operation-related traffic regulations through the instal- lation and operation of bus operation-related photo devices, in accord- ance with article twenty-four of this chapter, OR AN ALLEGATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF STREET CLEANING PARKING RULES AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IMPOSED PURSUANT TO A PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAIL- URE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH STREET CLEANING PARKING RULES THROUGH THE INSTALLATION AND OPERATION OF STREET CLEANING VEHICLE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER, shall be held before a hearing examiner in accordance with rules and regulations promulgated by the bureau. g. A record shall be made of a hearing on a plea of not guilty or of a hearing at which liability in accordance with any provisions of law specifically authorizing the imposition of monetary liability on the owner of a vehicle for failure of an operator thereof: to comply with traffic-control indications in violation of subdivision (d) of section eleven hundred eleven of this chapter through the installation and oper- ation of traffic-control signal photo violation-monitoring systems, in accordance with article twenty-four of this chapter; to comply with certain posted maximum speed limits in violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter through the installation and operation of photo speed violation monitor- ing systems, in accordance with article thirty of this chapter; to comply with bus lane restrictions as defined by article twenty-four of this chapter through the installation and operation of bus lane photo devices, in accordance with article twenty-four of this chapter; to comply with toll collection regulations of certain public authorities through the installation and operation of photo-monitoring systems, in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty; to stop for a school bus displaying a red visual signal in violation of section eleven hundred seventy-four of this chapter through the installation and operation of school bus photo violation monitoring systems, in accordance with article twenty-nine of this chapter; to comply with certain posted maximum speed limits in violation of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter within a highway construction or maintenance work area through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; A. 8902--B 12 to comply with gross vehicle weight and/or axle weight restrictions in violation of section three hundred eighty-five of this chapter and the rules of the department of transportation of the city of New York through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; or to comply with bus operation-related traffic regulations as defined by article twenty-four of this chapter in violation of the rules of the department of transportation of the city of New York through the instal- lation and operation of bus operation-related photo devices, in accord- ance with article twenty-four of this chapter; OR TO COMPLY WITH STREET CLEANING PARKING RULES AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IN VIOLATION OF THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK THROUGH THE INSTALLATION AND OPERATION OF STREET CLEAN- ING VEHICLE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR 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 amended by section 7 of part MM of chapter 56 of the laws of 2023, 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] SUCH EXAMINER may examine either the prior parking violations record or the record of liabilities incurred in accordance with any provisions of law specif- ically authorizing the imposition of monetary liability on the owner of a vehicle for failure of an operator thereof: to comply with traffic- control indications in violation of subdivision (d) of section eleven hundred eleven of this chapter through the installation and operation of traffic-control signal photo violation-monitoring systems, in accordance with article twenty-four of this chapter; to comply with certain posted maximum speed limits in violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter through the instal- lation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; to comply with bus lane restrictions as defined by article twenty-four of this chapter through the installation and operation of bus lane photo devices, in accordance with article twenty-four of this chapter; to comply with toll collection regulations of certain public authorities through the installation and operation of photo-monitoring systems, in accordance with the provisions of section two thousand nine hundred eighty-five of the public authori- ties law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty; to stop for a school bus displaying a red visual signal in violation of section eleven hundred seventy-four of this chapter through the instal- lation and operation of school bus photo violation monitoring systems, in accordance with article twenty-nine of this chapter; to comply with certain posted maximum speed limits in violation of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter within a highway construction or maintenance work area through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; to comply with gross vehicle weight and/or axle weight restrictions in violation of section three hundred eighty-five of this chapter and the rules of the department of transpor- tation of the city of New York through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; [or] to comply with bus operation-related traffic A. 8902--B 13 regulations as defined by article twenty-four of this chapter in violation of the rules of the department of transportation of the city of New York through the installation and operation of bus operation-re- lated photo devices, in accordance with article twenty-four of this chapter; OR TO COMPLY WITH STREET CLEANING PARKING RULES AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IN VIOLATION OF THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK THROUGH THE INSTAL- LATION AND OPERATION OF STREET CLEANING VEHICLE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR 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 any provisions of law specifically authorizing the imposition of monetary liability on the owner of a vehicle for failure of an operator thereof: to comply with traffic-control indications in violation of subdivision (d) of section eleven hundred eleven of this chapter through the installation and operation of traffic-control signal photo viola- tion-monitoring systems, in accordance with article twenty-four of this chapter; to comply with certain posted maximum speed limits in violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; to comply with bus lane restrictions as defined by article twenty-four of this chapter through the installation and operation of bus lane photo devices, in accordance with article twenty-four of this chapter; to comply with toll collection regulations of certain public authorities through the installation and operation of photo-monitoring systems, in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty; to stop for a school bus display- ing a red visual signal in violation of section eleven hundred seventy- four of this chapter through the installation and operation of school bus photo violation monitoring systems, in accordance with article twen- ty-nine of this chapter; to comply with certain posted maximum speed limits in violation of subdivision (b), (d), (f) or (g) of section elev- en hundred eighty of this chapter within a highway construction or main- tenance work area through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; to comply with gross vehicle weight and/or axle weight restrictions in violation of section three hundred eighty-five of this chapter and the rules of the department of transportation of the city of New York through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; [or] to comply with bus operation-related traffic regulations as defined by article twenty-four of this chapter in violation of the rules of the department of transportation of the city of New York through the installation and operation of bus operation-related photo devices, in accordance with article twenty-four of this chapter; OR TO COMPLY WITH STREET CLEANING PARKING RULES AS DEFINED BY ARTICLE TWENTY- FOUR OF THIS CHAPTER IN VIOLATION OF THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK THROUGH THE INSTALLATION AND OPERATION OF STREET CLEANING VEHICLE PHOTO DEVICES, IN ACCORDANCE WITH A. 8902--B 14 ARTICLE TWENTY-FOUR OF THIS CHAPTER, or fails to appear on a designated hearing date or subsequent adjourned date or fails after a hearing to comply with the determination of a hearing examiner, as prescribed by this article or by rule or regulation of the bureau, such failure to plead or contest, appear or comply shall be deemed, for all purposes, an admission of liability and shall be grounds for rendering and entering a default judgment in an amount provided by the rules and regulations of the bureau. However, after the expiration of the original date prescribed for entering a plea and before a default judgment may be rendered, in such case the bureau shall pursuant to the applicable provisions of law notify such operator or owner, by such form of first class mail as the commission may direct; (1) of the violation charged, or liability alleged in accordance with any provisions of law specif- ically authorizing the imposition of monetary liability on the owner of a vehicle for failure of an operator thereof: to comply with traffic- control indications in violation of subdivision (d) of section eleven hundred eleven of this chapter through the installation and operation of traffic-control signal photo violation-monitoring systems, in accordance with article twenty-four of this chapter; to comply with certain posted maximum speed limits in violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter through the instal- lation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; to comply with bus lane restrictions as defined by article twenty-four of this chapter through the installation and operation of bus lane photo devices, in accordance with article twenty-four of this chapter; to comply with toll collection regulations of certain public authorities through the installation and operation of photo-monitoring systems, in accordance with the provisions of section two thousand nine hundred eighty-five of the public authori- ties law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty; to stop for a school bus displaying a red visual signal in violation of section eleven hundred seventy-four of this chapter through the instal- lation and operation of school bus photo violation monitoring systems, in accordance with article twenty-nine of this chapter; to comply with certain posted maximum speed limits in violation of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter within a highway construction or maintenance work area through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; to comply with gross vehicle weight and/or axle weight restrictions in violation of section three hundred eighty-five of this chapter and the rules of the department of transpor- tation of the city of New York through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; [or] to comply with bus operation-related traffic regulations as defined by article twenty-four of this chapter in violation of the rules of the department of transportation of the city of New York through the installation and operation of bus operation-re- lated photo devices, in accordance with article twenty-four of this chapter; OR TO COMPLY WITH STREET CLEANING PARKING RULES AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IN VIOLATION OF THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK THROUGH THE INSTAL- LATION AND OPERATION OF STREET CLEANING VEHICLE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER, (2) of the impend- ing default judgment, (3) that such judgment will be entered in the Civil Court of the city in which the bureau has been established, or A. 8902--B 15 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 any provisions of law specifically author- izing the imposition of monetary liability on the owner of a vehicle for failure of an operator thereof: to comply with traffic-control indi- cations in violation of subdivision (d) of section eleven hundred eleven of this chapter through the installation and operation of traffic-con- trol signal photo violation-monitoring systems, in accordance with arti- cle twenty-four of this chapter; to comply with certain posted maximum speed limits in violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; to comply with bus lane restrictions as defined by article twenty-four of this chapter through the installation and operation of bus lane photo devices, in accordance with article twenty-four of this chapter; to comply with toll collection regulations of certain public authorities through the installation and operation of photo-monitoring systems, in accordance with the provisions of section two thousand nine hundred eighty-five of the public authori- ties law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty; to stop for a school bus displaying a red visual signal in violation of section eleven hundred seventy-four of this chapter through the instal- lation and operation of school bus photo violation monitoring systems, in accordance with article twenty-nine of this chapter; to comply with certain posted maximum speed limits in violation of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter within a highway construction or maintenance work area through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; to comply with gross vehicle weight and/or axle weight restrictions in violation of section three hundred eighty-five of this chapter and the rules of the department of transpor- tation of the city of New York through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; [or] to comply with bus operation-related traffic regulations as defined by article twenty-four of this chapter in violation of the rules of the department of transportation of the city of New York through the installation and operation of bus operation-re- lated photo devices, in accordance with article twenty-four of this chapter; OR TO COMPLY WITH STREET CLEANING PARKING RULES AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IN VIOLATION OF THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK THROUGH THE INSTAL- LATION AND OPERATION OF STREET CLEANING VEHICLE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR 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 A. 8902--B 16 hearing examiner shall make a determination on the charges, sustaining them, [he or she] SUCH EXAMINER shall impose no greater penalty or fine than those upon which the person was originally charged. § 8. Subparagraph (i) of paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law, as amended by section 8 of part MM of chapter 56 of the laws of 2023, 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 that the registrant or [his or her] THEIR 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 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] THEIR agent without being licensed as a motor vehicle for hire by the appropriate local authority, in violation of any of the provisions of this chapter or of any law, ordinance, rule or regulation made by a local authority; or (ii) the registrant was liable for a violation of subdivision (d) of section eleven hundred eleven of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with traffic-con- trol indications through the installation and operation of traffic-con- trol signal photo violation-monitoring systems, in accordance with arti- cle twenty-four of this chapter; or (iii) the registrant was liable for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for fail- ure of an operator thereof to comply with such posted maximum speed limits through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; or (iv) the registrant was liable for a violation of bus lane restrictions as defined by article twenty-four of this chapter imposed pursuant to a bus rapid transit program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such bus lane restrictions through the installation and operation of bus lane photo devices, in accordance with article twenty-four of this chap- ter; or (v) the registrant was liable for a violation of section eleven hundred seventy-four of this chapter when meeting a school bus marked and equipped as provided in subdivisions twenty and twenty-one-c of section three hundred seventy-five of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with school bus red visual signals through the installation and operation of school bus photo violation monitoring systems, in accordance with article twenty- nine of this chapter; or (vi) the registrant was liable for a violation of section three hundred eighty-five of this chapter and the rules of the department of transportation of the city of New York in relation to gross vehicle weight and/or axle weight violations imposed pursuant to a weigh in motion demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such gross vehicle weight and/or axle weight restrictions through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; or (vii) the A. 8902--B 17 registrant was liable for a violation of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such posted maximum speed limits within a highway construction or maintenance work area through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter[,]; or (viii) the registrant was liable for a violation of bus operation-related traffic regulations as defined by article twenty-four of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such bus operation-related traffic regulations through the installation and operation of bus operation-related photo devices, in accordance with article twenty-four of this chapter[,]; OR (IX) THE REGISTRANT WAS LIABLE FOR A VIOLATION OF STREET CLEANING PARK- ING RULES AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IMPOSED PURSUANT TO A PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH STREET CLEANING PARKING RULES THROUGH THE INSTALLATION AND OPERATION OF STREET CLEANING VEHICLE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER, the commissioner or [his or her] THEIR agent shall deny the registration or renewal application until the applicant provides proof from the court, traffic and parking violations agency or adminis- trative 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] SUCH APPLICANT has complied with the rules and regulations of said tribunal following entry of a final decision. Where an applica- tion is denied pursuant to this section, the commissioner may, in [his or her] THEIR discretion, deny a registration or renewal application to any other person for the same vehicle and may deny a registration or renewal application for any other motor vehicle registered in the name of the applicant where the commissioner has determined that such regis- trant's intent has been to evade the purposes of this subdivision and where the commissioner has reasonable grounds to believe that such registration or renewal will have the effect of defeating the purposes 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. § 9. Subdivision 1-a of section 1809 of the vehicle and traffic law, as amended by section 9 of part MM of chapter 56 of the laws of 2023, is amended to read as follows: 1-a. Notwithstanding the provisions of subdivision one of this section, the provisions of subdivision one of this section shall not apply to an adjudication of liability of owners: (a) for violations of subdivision (d) of section eleven hundred eleven of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with traffic-control indications through the installation and operation of traffic-control signal photo violation-monitoring systems, in accordance with article twenty-four of this chapter; or (b) for violations of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such posted maximum speed limits through the installation and operation of photo speed violation monitoring systems, A. 8902--B 18 in accordance with article thirty of this chapter; or (c) for violations of bus lane restrictions as defined by article twenty-four of this chap- ter imposed pursuant to a bus rapid transit program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such bus lane restrictions through the installation and operation of bus lane photo devices, in accordance with article twenty- four of this chapter; or (d) for violations of toll collection regu- lations imposed by certain public authorities pursuant to the law authorizing such public authorities to impose monetary liability on the owner of a vehicle for failure of an operator thereof to comply with toll collection regulations of such public authorities through the installation and operation of photo-monitoring systems, in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty; or (e) for violations of section eleven hundred seventy- four of this chapter when meeting a school bus marked and equipped as provided in subdivisions twenty and twenty-one-c of section three hundred seventy-five of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with school bus red visual signals through the installation and operation of school bus photo violation monitoring systems, in accordance with article twenty-nine of this chapter; or (f) for violations of section three hundred eighty-five of this chapter and the rules of the department of transportation of the city of New York in relation to gross vehicle weight and/or axle weight violations imposed pursuant to a weigh in motion demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such gross vehicle weight and/or axle weight restrictions through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; or (g) for violations of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such posted maximum speed limits within a highway construction or maintenance work area through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; or (h) for violations of bus operation-related traffic regulations as defined by article twenty-four of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such bus oper- ation-related traffic regulations through the installation and operation of bus operation-related photo devices, in accordance with article twen- ty-four of this chapter; OR (I) FOR VIOLATIONS OF STREET CLEANING PARK- ING RULES AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IMPOSED PURSUANT TO A PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH STREET CLEANING PARKING RULES THROUGH THE INSTALLATION AND OPERATION OF STREET CLEANING VEHICLE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER. § 10. Subdivision 1 of section 1809-a of the vehicle and traffic law, as amended by section 10 of part MM of chapter 56 of the laws of 2023, is amended to read as follows: 1. The provisions of any other general or special law notwithstanding, whenever, in a city having a population of one hundred thousand or more A. 8902--B 19 according to the nineteen hundred eighty United States census, proceedings in an administrative tribunal or a court result in a finding of liability, or conviction for the violation of any statute, local law, ordinance or rule involving the parking, stopping or standing of a motor vehicle, except (A) an adjudication of liability of an owner for a violation of bus operation-related traffic regulations as defined by article twenty-four of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for fail- ure of an operator thereof to comply with such bus operation-related traffic regulations through the installation and operation of bus opera- tion-related photo devices, in accordance with article twenty-four of this chapter, OR (B) AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF STREET CLEANING PARKING RULES AS DEFINED BY ARTICLE TWEN- TY-FOUR OF THIS CHAPTER IMPOSED PURSUANT TO A PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH STREET CLEANING PARKING RULES THROUGH THE INSTALLA- TION AND OPERATION OF STREET CLEANING VEHICLE PHOTO DEVICES, IN ACCORD- ANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER, there shall be levied a mandatory surcharge in addition to any other sentence, fine or penalty otherwise permitted or required, in the amount of fifteen dollars. Such surcharge shall not be deemed a monetary penalty for the purposes of section two hundred thirty-seven of this chapter or section 19-203 of the administrative code of the city of New York. § 11. Subdivision 1 of section 1809-aa of the vehicle and traffic law, as amended by section 11 of part MM of chapter 56 of the laws of 2023, is amended to read as follows: 1. Notwithstanding any other provision of law, whenever proceedings in an administrative tribunal or court result in a conviction for a violation of section twelve hundred, twelve hundred one or twelve hundred two of this chapter, except (A) an adjudication of liability of an owner for a violation of bus operation-related traffic regulations as defined by article twenty-four of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such bus oper- ation-related traffic regulations through the installation and operation of bus operation-related photo devices, in accordance with article twen- ty-four of this chapter, OR (B) AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF STREET CLEANING PARKING RULES AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IMPOSED PURSUANT TO A PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH STREET CLEANING PARKING RULES THROUGH THE INSTALLATION AND OPERATION OF STREET CLEANING VEHICLE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER, there shall be levied a mandatory surcharge in addition to any other sentence, fine or penalty otherwise permitted or required, in the amount of twen- ty-five dollars. § 12. Paragraph a of subdivision 1 of section 1809-e of the vehicle and traffic law, as amended by section 12 of part MM of chapter 56 of the laws of 2023, 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: (i) a traffic infraction involving standing, stopping, or parking or violations by A. 8902--B 20 pedestrians or bicyclists; and (ii) an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred elev- en of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with traffic-control indications through the installa- tion and operation of traffic-control signal photo violation-monitoring systems, in accordance with article twenty-four of this chapter; and (iii) an adjudication of liability of an owner for a violation of subdi- vision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing mone- tary liability on the owner of a vehicle for failure of an operator thereof to comply with such posted maximum speed limits through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; and (iv) an adjudi- cation of liability of an owner for a violation of bus lane restrictions as defined by article twenty-four of this chapter imposed pursuant to a bus rapid transit program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such bus lane restrictions through the installation and operation of bus lane photo devices, in accordance with article twenty-four of this chapter; and (v) an adjudication of liability of an owner for a violation of toll collection regulations imposed by certain public authorities pursuant to the law authorizing such public authorities to impose monetary liability on the owner of a vehicle for failure of an operator thereof to comply with toll collection regulations of such public authorities through the installation and operation of photo-monitoring systems, in accordance with section two thousand nine hundred eighty-five of the public author- ities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty; and (vi) an adjudication of liability of an owner for a violation of section eleven hundred seventy-four of this chapter when meeting a school bus marked and equipped as provided in subdivisions twenty and twenty-one-c of section three hundred seventy-five of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with school bus red visual signals through the installation and operation of school bus photo violation monitoring systems, in accordance with article twenty- nine of this chapter; and (vii) an adjudication of liability of an owner for a violation of section three hundred eighty-five of this chapter and the rules of the department of transportation of the city of New York in relation to gross vehicle weight and/or axle weight violations imposed pursuant to a weigh in motion demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such gross vehicle weight and/or axle weight restrictions through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; and (viii) 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 imposed pursuant to a demonstration program imposing mone- tary liability on the owner of a vehicle for failure of an operator thereof to comply with such posted maximum speed limits within a highway construction or maintenance work area through the installation and oper- ation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; and (ix) an adjudication of liability of an owner for a violation of bus operation-related traffic regulations as defined by article twenty-four of this chapter imposed pursuant to a A. 8902--B 21 demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such bus oper- ation-related traffic regulations through the installation and operation of bus operation-related photo devices, in accordance with article twen- ty-four of this chapter; AND (X) AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF STREET CLEANING PARKING RULES AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IMPOSED PURSUANT TO A PROGRAM IMPOS- ING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH STREET CLEANING PARKING RULES THROUGH THE INSTALLATION AND OPERATION OF STREET CLEANING VEHICLE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR 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. § 13. Subdivision 2 of section 87 of the public officers law is amended by adding a new paragraph (u) to read as follows: (U) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PREPARED UNDER AUTHORITY OF SECTION ELEVEN HUNDRED ELEVEN-H OF THE VEHICLE AND TRAFFIC LAW. § 14. This act shall take effect one year after it shall have become a law; provided, however, that sections one and thirteen of this act shall expire July 1, 2029, when upon such date the provisions of such sections shall be deemed repealed; provided further, however, that: (a) the amendments to subdivision 1 of section 1809-a of the vehicle and traffic law made by section ten of this act shall not affect the repeal of such section and shall be deemed repealed therewith; (b) if section 2 of part MM of chapter 56 of the laws of 2023 shall not have taken effect on or before such date then section two of this act shall take effect on the same date and in the same manner as such chapter of the laws of 2023, takes effect; (c) if section 3 of part MM of chapter 56 of the laws of 2023 shall not have taken effect on or before such date then section three of this act shall take effect on the same date and in the same manner as such chapter of the laws of 2023, takes effect; (d) if section 4 of part MM of chapter 56 of the laws of 2023 shall not have taken effect on or before such date then section four of this act shall take effect on the same date and in the same manner as such chapter of the laws of 2023, takes effect; (e) if section 5 of part MM of chapter 56 of the laws of 2023 shall not have taken effect on or before such date then section five of this act shall take effect on the same date and in the same manner as such chapter of the laws of 2023, takes effect; (f) if section 6 of part MM of chapter 56 of the laws of 2023 shall not have taken effect on or before such date then section six of this act shall take effect on the same date and in the same manner as such chapter of the laws of 2023, takes effect; (g) if section 7 of part MM of chapter 56 of the laws of 2023 shall not have taken effect on or before such date then section seven of this act shall take effect on the same date and in the same manner as such chapter of the laws of 2023, takes effect; (h) if section 8 of part MM of chapter 56 of the laws of 2023 shall not have taken effect on or before such date then section eight of this act shall take effect on the same date and in the same manner as such chapter of the laws of 2023, takes effect; (i) if section 9 of part MM of chapter 56 of the laws of 2023 shall not have taken effect on or before such date then section nine of this A. 8902--B 22 act shall take effect on the same date and in the same manner as such chapter of the laws of 2023, takes effect; (j) if section 10 of part MM of chapter 56 of the laws of 2023 shall not have taken effect on or before such date then section ten of this act shall take effect on the same date and in the same manner as such chapter of the laws of 2023, takes effect; (k) if section 11 of part MM of chapter 56 of the laws of 2023 shall not have taken effect on or before such date then section eleven of this act shall take effect on the same date and in the same manner as such chapter of the laws of 2023, takes effect; (l) if section 12 of part MM of chapter 56 of the laws of 2023 shall not have taken effect on or before such date then section twelve of this act shall take effect on the same date and in the same manner as such chapter of the laws of 2023, takes effect. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of section one of this act on its effective date are authorized to be made and completed on or before such effective date.
co-Sponsors
Rodneyse Bichotte Hermelyn
Grace Lee
Maritza Davila
Yudelka Tapia
Jessica Gonzalez-Rojas
Alicia Hyndman
Al Taylor
Alex Bores
2023-A8902C (ACTIVE) - Details
- See Senate Version of this Bill:
- S8756
- Current Committee:
- Assembly Transportation
- Law Section:
- Vehicle and Traffic Law
- Laws Affected:
- Amd V & T L, generally; amd §87, Pub Off L
2023-A8902C (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
8902--C
I N A S S E M B L Y
January 26, 2024
___________
Introduced by M. of A. CUNNINGHAM, BICHOTTE HERMELYN, LEE, DAVILA,
TAPIA, GONZALEZ-ROJAS, HYNDMAN, TAYLOR, BORES -- read once and
referred to the Committee on Transportation -- recommitted to the
Committee on Transportation in accordance with Assembly Rule 3, sec. 2
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee -- again reported from said commit-
tee with amendments, ordered reprinted as amended and recommitted to
said committee -- again reported from said committee with amendments,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the vehicle and traffic law, in relation to owner
liability for failure of an operator to comply with street cleaning
parking rules; to amend the public officers law, in relation to access
to records prepared pursuant to street cleaning parking rules; and
providing for the repeal of certain provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The vehicle and traffic law is amended by adding a new
section 1111-h to read as follows:
§ 1111-H. OWNER LIABILITY FOR FAILURE OF AN OPERATOR TO COMPLY WITH
STREET CLEANING PARKING RULES. (A) 1. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, THE CITY OF NEW YORK IS HEREBY AUTHORIZED TO ESTABLISH
A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A
VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH POSTED STREET
CLEANING PARKING RULES IN SUCH CITY IN ACCORDANCE WITH THE PROVISIONS OF
THIS SECTION. SUCH DEMONSTRATION PROGRAM SHALL EMPOWER THE NEW YORK
CITY DEPARTMENT OF SANITATION TO INSTALL STREET CLEANING VEHICLE PHOTO
DEVICES ON STREET CLEANING VEHICLES ALONG STREET CLEANING ROUTES AT
LOCATIONS DETERMINED BY SUCH DEPARTMENT IN SUCH CITY AND TO ADMINISTER
SUCH PROGRAM IN CONSULTATION WITH THE NEW YORK CITY DEPARTMENT OF TRANS-
PORTATION.
2. ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED
IMAGES CAPTURED BY STREET CLEANING VEHICLE PHOTO DEVICES SHALL BE INAD-
MISSIBLE IN ANY DISCIPLINARY PROCEEDING CONVENED BY THE DEPARTMENT AND
ANY PROCEEDING INITIATED BY THE DEPARTMENT INVOLVING LICENSURE PRIVI-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13521-11-4 A. 8902--C 2 LEGES OF STREET CLEANING VEHICLE OPERATORS. ANY STREET CLEANING VEHICLE PHOTO DEVICE MOUNTED ON A STREET CLEANING VEHICLE SHALL BE DIRECTED OUTWARDLY FROM SUCH VEHICLE TO CAPTURE IMAGES OF VEHICLES OPERATED IN VIOLATION OF STREET CLEANING PARKING RULES, AND IMAGES PRODUCED BY SUCH DEVICE SHALL NOT BE USED FOR ANY OTHER PURPOSE IN THE ABSENCE OF A COURT ORDER REQUIRING SUCH IMAGES TO BE PRODUCED. 3. NO STREET CLEANING VEHICLE PHOTO DEVICE SHALL BE USED UNLESS ON THE DAY IT IS TO BE USED IT HAS SUCCESSFULLY PASSED A SELF-TEST OF ITS FUNC- TIONS. 4. (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 STREET CLEANING VEHICLE PHOTO DEVICE SHALL NOT INCLUDE IMAGES THAT IDENTIFY THE DRIVER, THE PASSENGERS, OR THE CONTENTS OF THE VEHICLE. PROVIDED, HOWEVER, THAT NO NOTICE OF LIABILITY ISSUED PURSUANT TO THIS SECTION SHALL BE DISMISSED SOLELY BECAUSE 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 CITY SHOWS THAT IT 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 STREET CLEANING VEHICLE PHOTO DEVICE SHALL BE FOR THE EXCLUSIVE USE OF THE CITY FOR THE PURPOSE OF THE ADJUDICATION OF LIABIL- ITY IMPOSED PURSUANT TO THIS SECTION AND OF THE OWNER RECEIVING A NOTICE OF LIABILITY PURSUANT TO THIS SECTION, AND SHALL BE DESTROYED BY THE CITY 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 STREET CLEANING VEHICLE PHOTO DEVICE 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 PROCEED- ING 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 DEVICES: (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 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 A. 8902--C 3 (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. 5. EVERY STREET CLEANING VEHICLE UPON WHICH A STREET CLEANING VEHICLE PHOTO DEVICE IS INSTALLED AND OPERATED PURSUANT TO A DEMONSTRATION PROGRAM AUTHORIZED PURSUANT TO THIS SECTION SHALL BE EQUIPPED WITH SIGNS, PLACARDS OR OTHER DISPLAYS GIVING NOTICE TO APPROACHING MOTOR VEHICLE OPERATORS THAT STREET CLEANING VEHICLE PHOTO DEVICES ARE USED TO ENFORCE STREET CLEANING PARKING RULES. 6. WARNING NOTICES OF VIOLATION SHALL BE ISSUED DURING THE FIRST SIXTY DAYS THAT STREET CLEANING VEHICLE PHOTO DEVICES PURSUANT TO A DEMON- STRATION PROGRAM AUTHORIZED BY THIS SECTION ARE ACTIVE AND IN OPERATION. 7. THE CITY OF NEW YORK SHALL ADOPT AND ENFORCE MEASURES: (I) TO UPGRADE SIGNAGE AT REGULAR INTERVALS WITHIN STREET CLEANING ROUTES STATING THAT STREET CLEANING VEHICLE PHOTO DEVICES ARE USED TO ENFORCE STREET CLEANING PARKING RULES ALONG SUCH ROUTES; AND (II) TO PROHIBIT THE USE OR DISSEMINATION OF VEHICLES' LICENSE PLATE INFORMATION AND OTHER INFORMATION AND IMAGES CAPTURED BY STREET CLEANING VEHICLE PHOTO DEVICES EXCEPT: (A) AS REQUIRED TO ESTABLISH LIABILITY UNDER THIS SECTION OR COLLECT PAYMENT OF PENALTIES; (B) AS REQUIRED BY COURT ORDER; OR (C) AS OTHERWISE REQUIRED BY LAW. (B) IF THE CITY OF NEW YORK HAS ESTABLISHED A 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 PARKED IN VIOLATION OF ANY STREET CLEANING PARKING RULE OF SUCH CITY AND SUCH VIOLATION IS EVIDENCED BY INFORMATION OBTAINED FROM A STREET CLEAN- ING VEHICLE PHOTO DEVICE. (C) FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 1. "MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES" OR "MUTCD" SHALL MEAN THE MANUAL AND SPECIFICATIONS FOR A UNIFORM SYSTEM OF TRAFFIC CONTROL DEVICES MAINTAINED BY THE COMMISSIONER OF TRANSPORTATION PURSUANT TO SECTION SIXTEEN HUNDRED EIGHTY OF THIS CHAPTER. 2. "OWNER" SHALL HAVE THE MEANING PROVIDED IN ARTICLE TWO-B OF THIS CHAPTER. 3. "STREET CLEANING ROUTES" SHALL MEAN STREET CLEANING ROUTES DESIG- NATED BY THE NEW YORK CITY DEPARTMENT OF SANITATION THAT INCLUDE UPGRADED SIGNAGE STATING THAT STREET CLEANING VEHICLE PHOTO DEVICES ARE USED TO ENFORCE STREET CLEANING PARKING RULES. 4. "STREET CLEANING PARKING RULES" SHALL MEAN THE PROHIBITED PARKING OF ANY VEHICLE ON ONE SIDE OF THE STREET TO ALLOW FOR CLEANING BY THE NEW YORK CITY DEPARTMENT OF SANITATION DURING DESIGNATED TIME PERIODS AS A. 8902--C 4 POSTED BY SIGN PURSUANT TO THE RULES OF THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION. 5. "STREET CLEANING VEHICLE" SHALL MEAN ANY VEHICLE OPERATED BY THE NEW YORK CITY DEPARTMENT OF SANITATION THAT IS DESIGNED TO WASH DIRT AND GRIME, AND REMOVE LITTER AND DEBRIS, FROM THE STREET SURFACE. 6. "STREET CLEANING VEHICLE PHOTO DEVICE" SHALL MEAN A DEVICE THAT IS MOUNTED ON A STREET CLEANING VEHICLE, IS CAPABLE OF OPERATING INDEPEND- ENTLY OF AN ENFORCEMENT OFFICER AND PRODUCES ONE OR MORE IMAGES OF EACH VEHICLE AT THE TIME IT IS IN VIOLATION OF STREET CLEANING PARKING RULES. (D) A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY THE CITY OF NEW YORK IN WHICH THE CHARGED VIOLATION OCCURRED, OR A FACSIMILE THEREOF, BASED UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTO- GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY A STREET CLEANING VEHICLE PHOTO DEVICE, SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN. ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES EVIDENCING SUCH A VIOLATION SHALL BE AVAILABLE FOR INSPECTION IN ANY PROCEEDING TO ADJUDICATE THE LIABILITY FOR SUCH VIOLATION PURSUANT TO THIS SECTION. (E) AN OWNER LIABLE FOR A VIOLATION OF A STREET CLEANING PARKING RULE IMPOSED ON ANY ROUTE SHALL BE LIABLE FOR MONETARY PENALTIES IN ACCORD- ANCE WITH A SCHEDULE OF FINES AND PENALTIES PROMULGATED BY THE PARKING VIOLATIONS BUREAU OF THE CITY OF NEW YORK; PROVIDED, HOWEVER, THAT THE MONETARY PENALTY FOR VIOLATING A STREET CLEANING PARKING RULE SHALL NOT EXCEED FIFTY DOLLARS FOR EACH VIOLATION; PROVIDED, FURTHER, THAT AN OWNER SHALL BE LIABLE FOR AN ADDITIONAL PENALTY NOT TO EXCEED TWENTY- FIVE DOLLARS FOR EACH VIOLATION FOR THE FAILURE TO RESPOND TO A NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME PERIOD. (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 A STREET CLEANING PARKING RULE. 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 VIOLATION OF A STREET CLEAN- ING PARKING RULE, THE REGISTRATION NUMBER OF THE VEHICLE INVOLVED IN SUCH VIOLATION, THE LOCATION WHERE SUCH VIOLATION TOOK PLACE INCLUDING THE STREET OR CROSS STREETS, ONE OR MORE IMAGES IDENTIFYING THE VIOLATION, THE DATE AND TIME OF SUCH VIOLATION AND THE IDENTIFICATION NUMBER OF THE STREET CLEANING VEHICLE PHOTO DEVICE THAT RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER. 3. THE NOTICE OF LIABILITY SHALL CONTAIN INFORMATION ADVISING THE PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH SUCH PERSON MAY CONTEST THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO CONTAIN A 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 AGENCY OR AGENCIES DESIGNATED BY THE CITY OF NEW YORK, OR ANY OTHER ENTITY AUTHORIZED BY SUCH CITY TO PREPARE AND MAIL SUCH NOTIFICATION OF VIOLATION. A. 8902--C 5 5. ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION SHALL BE BY THE NEW YORK CITY PARKING VIOLATIONS BUREAU. (H) IF AN OWNER OF A VEHICLE RECEIVES A NOTICE OF LIABILITY PURSUANT TO THIS SECTION FOR ANY TIME PERIOD DURING WHICH THE VEHICLE WAS REPORTED TO THE POLICE DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE A VALID DEFENSE TO AN ALLEGATION OF LIABILITY FOR VIOLATION OF A STREET CLEANING PARKING RULE OF SUCH CITY, THAT THE VEHICLE HAD BEEN REPORTED TO THE POLICE AS STOLEN PRIOR TO THE TIME THE VIOLATION OCCURRED AND HAD NOT BEEN RECOVERED BY SUCH TIME. FOR PURPOSES OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION IT SHALL BE SUFFICIENT THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE STOLEN VEHICLE BE SENT BY FIRST CLASS MAIL TO THE PARKING VIOLATIONS BUREAU. (I) 1. AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION (G) OF THIS SECTION SHALL NOT BE LIABLE FOR THE VIOLATION OF THE STREET CLEANING PARKING RULE, PROVIDED THAT: (I) PRIOR TO THE VIOLATION, THE LESSOR HAS FILED WITH SUCH PARKING VIOLATIONS BUREAU IN ACCORDANCE WITH THE PROVISIONS OF SECTION TWO HUNDRED THIRTY-NINE OF THIS CHAPTER; AND (II) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM SUCH BUREAU OF THE DATE AND TIME OF SUCH LIABILITY, TOGETHER WITH THE OTHER INFORMA- TION CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY, THE LESSOR SUBMITS TO SUCH BUREAU THE CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE IDENTIFIED IN THE NOTICE OF LIABILITY AT THE TIME OF SUCH VIOLATION, TOGETHER WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL, LEASE OR OTHER CONTRACT DOCUMENT, AS MAY BE REASONABLY REQUIRED BY SUCH BUREAU PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE. 2. FAILURE TO COMPLY WITH SUBPARAGRAPH (II) OF PARAGRAPH ONE OF THIS SUBDIVISION SHALL RENDER THE LESSOR LIABLE FOR THE PENALTY PRESCRIBED IN THIS SECTION. 3. WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF PARAGRAPH ONE OF THIS SUBDIVISION, THE LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH VIOLATION SHALL BE DEEMED TO BE THE OWNER OF SUCH VEHICLE FOR PURPOSES OF THIS SECTION, SHALL BE SUBJECT TO LIABILITY FOR SUCH VIOLATION PURSU- ANT TO THIS SECTION, AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (G) OF THIS SECTION. (J) 1. IF THE OWNER LIABLE FOR A VIOLATION OF A STREET CLEANING PARK- ING RULE PURSUANT TO THIS SECTION WAS NOT THE OPERATOR OF THE VEHICLE AT THE TIME OF SUCH VIOLATION, THE OWNER MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR. 2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO OWNER OF A VEHICLE SHALL BE SUBJECT TO A MONETARY FINE IMPOSED PURSUANT TO THIS SECTION IF THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH- OUT THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR FAILED TO OBEY A STREET CLEANING PARKING RULE. FOR PURPOSES OF THIS SUBDIVISION THERE SHALL BE A PRESUMPTION THAT THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR FAILED TO OBEY A STREET CLEANING PARKING RULE. (K) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF A STREET CLEANING PARK- ING RULE. (L) IF THE CITY OF NEW YORK ADOPTS A DEMONSTRATION PROGRAM PURSUANT TO SUBDIVISION (A) OF THIS SECTION, SUCH CITY'S DEPARTMENT OF SANITATION SHALL SUBMIT A REPORT ON THE RESULTS OF THE USE OF STREET CLEANING PARK- ING RULE-RELATED PHOTO DEVICES TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY BY APRIL FIRST, TWO THOU- A. 8902--C 6 SAND TWENTY-SIX AND EVERY TWO YEARS THEREAFTER. THE DEPARTMENT OF SANI- TATION OF THE CITY OF NEW YORK 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 CITY FINDS THAT PUBLISHING SPECIFIC LOCATION DATA WOULD JEOPARDIZE PUBLIC SAFETY. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO: 1. A DESCRIPTION OF THE LOCATIONS AND/OR VEHICLES WHERE STREET CLEAN- ING VEHICLE PHOTO DEVICES WERE USED; 2. THE TOTAL NUMBER OF VIOLATIONS RECORDED ON A MONTHLY AND ANNUAL BASIS; 3. THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED; 4. THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID AFTER THE FIRST NOTICE OF LIABILITY; 5. THE NUMBER OF VIOLATIONS ADJUDICATED AND RESULTS OF SUCH ADJUDI- CATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE; 6. THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH CITY AND DEPARTMENT AND AN ITEMIZED LIST OF EXPENDITURES MADE BY THE CITY AND DEPARTMENT WITH THESE REVENUES; 7. THE QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS; 8. THE TOTAL NUMBER OF CAMERAS BY TYPE OF CAMERA USED; 9. THE TOTAL COST TO SUCH CITY; AND 10. A REPORT ON THE NUMBER OF MILES OF STREET CLEANING ROUTES CLEANED BEFORE AND AFTER IMPLEMENTATION OF THE DEMONSTRATION PROGRAM. (M) IT SHALL BE A DEFENSE TO ANY PROSECUTION FOR A VIOLATION OF A STREET CLEANING PARKING RULE PURSUANT TO A DEMONSTRATION PROGRAM ADOPTED PURSUANT TO THIS SECTION THAT SUCH STREET CLEANING VEHICLE PHOTO DEVICES WERE MALFUNCTIONING AT THE TIME OF THE ALLEGED VIOLATION. § 2. Subdivision 1 of section 235 of the vehicle and traffic law, as amended by section 2 of part MM of chapter 56 of the laws of 2023, 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: (a) to hear and determine complaints of traffic infractions constituting parking, standing or stopping violations, or (b) to adjudi- cate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with traffic-con- trol indications through the installation and operation of traffic-con- trol signal photo violation-monitoring systems, in accordance with arti- cle twenty-four of this chapter, or (c) to adjudicate the liability of owners for violations of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such posted maximum speed limits through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter, or (d) to adjudicate the liability of owners for violations of bus lane restrictions as defined by article twenty-four of this chapter imposed pursuant to a bus rapid transit program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such bus lane restrictions through the installa- tion and operation of bus lane photo devices, in accordance with article twenty-four of this chapter, or (e) to adjudicate the liability of owners for violations of toll collection regulations imposed by certain A. 8902--C 7 public authorities pursuant to the law authorizing such public authori- ties to impose monetary liability on the owner of a vehicle for failure of an operator thereof to comply with toll collection regulations of such public authorities through the installation and operation of photo-monitoring systems, in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, or (f) to adjudicate the liability of owners for violations of section eleven hundred seven- ty-four of this chapter when meeting a school bus marked and equipped as provided in subdivisions twenty and twenty-one-c of section three hundred seventy-five of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with school bus red visual signals through the installation and operation of school bus photo violation monitoring systems, in accordance with article twenty-nine of this chapter, or (g) to adjudicate the liability of owners for violations of section three hundred eighty-five of this chapter and the rules of the department of transportation of the city of New York in relation to gross vehicle weight and/or axle weight violations imposed pursuant to a weigh in motion demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such gross vehicle weight and/or axle weight restrictions through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter, or (h) to adjudicate the liability of owners for violations of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such posted maximum speed limits within a highway construction or maintenance work area through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter, or (i) to adjudicate the liability of owners for violations of bus operation-related traffic regulations as defined by article twenty-four of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for fail- ure of an operator thereof to comply with such bus operation-related traffic regulations through the installation and operation of bus opera- tion-related photo devices, in accordance with article twenty-four of this chapter, OR (J) TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF STREET CLEANING PARKING RULES AS DEFINED BY ARTICLE TWEN- TY-FOUR OF THIS CHAPTER IMPOSED PURSUANT TO A PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH STREET CLEANING PARKING RULES THROUGH THE INSTALLA- TION AND OPERATION OF STREET CLEANING VEHICLE PHOTO DEVICES, IN ACCORD- ANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER, such tribunal and the rules and regulations pertaining thereto shall be constituted in substantial conformance with the following sections. § 3. Subdivision 1 of section 236 of the vehicle and traffic law, as amended by section 3 of part MM of chapter 56 of the laws of 2023, 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: (a) to adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred A. 8902--C 8 eleven of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with traffic-control indications through the installation and operation of traffic-control signal photo violation- monitoring systems, in accordance with article twenty-four of this chap- ter, or (b) to adjudicate the liability of owners for violations of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such posted maximum speed limits through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter, or (c) to adjudicate the liability of owners for violations of bus lane restrictions as defined by article twenty-four of this chapter imposed pursuant to a bus rapid transit program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such bus lane restrictions through the installation and operation of bus lane photo devices, in accordance with article twenty-four of this chapter, or (d) to adjudicate the liability of owners for violations of toll collection regulations imposed by certain public authorities pursuant to the law authorizing such public authorities to impose monetary liability on the owner of a vehicle for failure of an operator thereof to comply with toll collection regulations of such public authorities through the installation and operation of photo-monitoring systems, in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, or (e) to adjudicate the liability of owners for violations of section eleven hundred seventy-four of this chapter when meeting a school bus marked and equipped as provided in subdivisions twenty and twenty-one-c of section three hundred seventy-five of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with school bus red visual signals through the installation and operation of school bus photo violation monitoring systems, in accordance with article twenty-nine of this chapter, or (f) to adjudi- cate the liability of owners for violations of section three hundred eighty-five of this chapter and the rules of the department of transpor- tation of the city of New York in relation to gross vehicle weight and/or axle weight violations imposed pursuant to a weigh in motion demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such gross vehicle weight and/or axle weight restrictions through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter, or (g) to adjudicate the liability of owners for violations of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such posted maximum speed limits within a highway construction or maintenance work area through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter, or (h) to adjudicate the liability of owners for violations of bus oper- ation-related traffic regulations as defined by article twenty-four of this chapter imposed pursuant to a demonstration program imposing mone- tary liability on the owner of a vehicle for failure of an operator A. 8902--C 9 thereof to comply with such bus operation-related traffic regulations through the installation and operation of bus operation-related photo devices, in accordance with article twenty-four of this chapter, OR (I) TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF STREET CLEANING PARKING RULES AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IMPOSED PURSUANT TO A PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH STREET CLEANING PARKING RULES THROUGH THE INSTALLATION AND OPERA- TION OF STREET CLEANING VEHICLE PHOTO DEVICES, IN ACCORDANCE WITH ARTI- CLE TWENTY-FOUR OF THIS CHAPTER. Such tribunal, except in a city with a population of one million or more, shall also have jurisdiction of aban- doned vehicle violations. For the purposes of this article, a parking violation is the violation of any law, rule or regulation providing for or regulating the parking, stopping or standing of a vehicle. In addi- tion for purposes of this article, "commissioner" shall mean and include the commissioner of traffic of the city or an official possessing authority as such a commissioner. § 4. Paragraph f of subdivision 1 of section 239 of the vehicle and traffic law, as amended by section 4 of part MM of chapter 56 of the laws of 2023, 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 articles ten, twenty-four, twenty-nine and thirty of this chapter, section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty to impose monetary liability on the owner of a vehicle for failure of an operator thereof: to comply with traffic-control indi- cations in violation of subdivision (d) of section eleven hundred eleven of this chapter through the installation and operation of traffic-con- trol signal photo violation-monitoring systems, in accordance with arti- cle twenty-four of this chapter; or to comply with certain posted maxi- mum speed limits in violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter through the installa- tion and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; or to comply with bus lane restrictions as defined by article twenty-four of this chapter through the installation and operation of bus lane photo devices, in accordance with article twenty-four of this chapter; or to comply with toll collection regulations of certain public authorities through the installation and operation of photo-monitoring systems, in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty; or to stop for a school bus displaying a red visual signal in violation of section eleven hundred seventy-four of this chap- ter through the installation and operation of school bus photo violation monitoring systems, in accordance with article twenty-nine of this chap- ter; or to comply with certain posted maximum speed limits in violation of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter within a highway construction or maintenance work area through the installation and operation of photo speed violation monitor- ing systems, in accordance with article thirty of this chapter; or to comply with gross vehicle weight and/or axle weight restrictions in violation of section three hundred eighty-five of this chapter and the A. 8902--C 10 rules of the department of transportation of the city of New York through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; or to comply with bus operation-related traffic regulations as defined by article twenty-four of this chapter in violation of the rules of the department of transportation of the city of New York through the instal- lation and operation of bus operation-related photo devices, in accord- ance with article twenty-four of this chapter; OR TO COMPLY WITH STREET CLEANING PARKING RULES AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER THROUGH THE INSTALLATION AND OPERATION OF STREET CLEANING VEHICLE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER. § 5. Subdivisions 1, 1-a and the opening paragraph of paragraph (a) of subdivision 1-b of section 240 of the vehicle and traffic law, as amended by section 5 of part MM of chapter 56 of the laws of 2023, 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 any provisions of law specifically authorizing the imposition of monetary liability on the owner of a vehicle for failure of an operator thereof: to comply with traffic-control indications in violation of subdivision (d) of section eleven hundred eleven of this chapter through the installation and operation of traffic-control signal photo violation-monitoring systems, in accordance with article twenty- four of this chapter; or to comply with certain posted maximum speed limits in violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter through the installation and oper- ation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; or to comply with bus lane restrictions as defined by article twenty-four of this chapter through the installa- tion and operation of bus lane photo devices, in accordance with article twenty-four of this chapter; or to comply with toll collection regu- lations of certain public authorities through the installation and oper- ation of photo-monitoring systems, in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty; or to stop for a school bus displaying a red visual signal in violation of section eleven hundred seventy-four of this chapter through the installation and operation of school bus photo violation monitoring systems, in accord- ance with article twenty-nine of this chapter; or to comply with certain posted maximum speed limits in violation of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter within a highway construction or maintenance work area through the installation and oper- ation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; or to comply with gross vehicle weight and/or axle weight restrictions in violation of section three hundred eighty-five of this chapter and the rules of the department of transpor- tation of the city of New York through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; or to comply with bus operation-related traffic regulations as defined by article twenty-four of this chapter in violation of the rules of the department of transportation of the city of New York through the installation and operation of bus operation-re- lated photo devices, in accordance with article twenty-four of this chapter; OR TO COMPLY WITH STREET CLEANING PARKING RULES AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER THROUGH THE INSTALLATION AND OPERA- A. 8902--C 11 TION OF STREET CLEANING VEHICLE PHOTO DEVICES, IN ACCORDANCE WITH ARTI- CLE TWENTY-FOUR 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] SUCH PERSON 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 provisions of law specifically authorizing the impo- sition of monetary liability on the owner of a vehicle for failure of an operator thereof: to comply with traffic-control indications in violation of subdivision (d) of section eleven hundred eleven of this chapter through the installation and operation of traffic-control signal photo violation-monitoring systems, in accordance with article twenty- four of this chapter; or to comply with certain posted maximum speed limits in violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter through the installation and oper- ation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; or to comply with bus lane restrictions as defined by article twenty-four of this chapter through the installa- tion and operation of bus lane photo devices, in accordance with article twenty-four of this chapter; or to comply with toll collection regu- lations of certain public authorities through the installation and oper- ation of photo-monitoring systems, in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty; or to stop for a school bus displaying a red visual signal in violation of section eleven hundred seventy-four of this chapter through the installation and operation of school bus photo violation monitoring systems, in accord- ance with article twenty-nine of this chapter; or to comply with certain posted maximum speed limits in violation of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter within a highway construction or maintenance work area through the installation and oper- ation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; or to comply with gross vehicle weight and/or axle weight restrictions in violation of section three hundred eighty-five of this chapter and the rules of the department of transpor- tation of the city of New York through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; or to comply with bus operation-related traffic regulations as defined by article twenty-four of this chapter in violation of the rules of the department of transportation of the city of New York through the installation and operation of bus operation-re- lated photo devices, in accordance with article twenty-four of this chapter; OR TO COMPLY WITH STREET CLEANING PARKING RULES AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER THROUGH THE INSTALLATION AND OPERA- TION OF STREET CLEANING VEHICLE PHOTO DEVICES, IN ACCORDANCE WITH ARTI- CLE TWENTY-FOUR OF THIS CHAPTER, is being contested, by a person in a timely fashion and a hearing upon the merits has been demanded, but has not yet been held, the bureau shall not issue any notice of fine or penalty to that person prior to the date of the hearing. A. 8902--C 12 In a city having a population of one million or more, at every hearing for the adjudication of a notice of liability, as provided by this arti- cle, there shall be a rebuttable presumption that the owner of a first- response emergency vehicle alleged to be liable in accordance with any provisions of law specifically authorizing the imposition of monetary liability on the owner of a vehicle for failure of an operator thereof: to comply with traffic-control indications in violation of subdivision (d) of section eleven hundred eleven of this chapter through the instal- lation and operation of traffic-control signal photo violation-monitor- ing systems, in accordance with article twenty-four of this chapter; or to comply with certain posted maximum speed limits in violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; or to comply with bus lane restrictions as defined by article twenty-four of this chapter through the installation and operation of bus lane photo devices, in accordance with article twenty-four of this chapter; or to comply with bus operation-related traffic regulations as defined by article twenty-four of this chapter in violation of the rules of the department of transportation of the city of New York through the installation and operation of bus operation-related photo devices, in accordance with article twenty-four of this chapter; OR TO COMPLY WITH STREET CLEANING PARKING RULES AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER THROUGH THE INSTALLATION AND OPERATION OF STREET CLEANING VEHICLE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER is not liable for such alleged violation if such owner of the first-response emergency vehicle provides the hearing officer with: § 6. Paragraphs a and g of subdivision 2 of section 240 of the vehicle and traffic law, as amended by section 6 of part MM of chapter 56 of the laws of 2023, are amended to read as follows: a. Every hearing for the adjudication of a charge of parking violation or an allegation of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with traffic-con- trol indications through the installation and operation of traffic-con- trol signal photo violation-monitoring systems, in accordance with arti- cle twenty-four of this chapter, or an allegation of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with certain posted maximum speed limits through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter, or an allegation of liability of an owner for a violation of bus lane restrictions as defined by article twenty-four of this chap- ter imposed pursuant to a bus rapid transit program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such bus lane restrictions through the installation and operation of bus lane photo devices, in accordance with article twenty- four of this chapter, or an allegation of liability of an owner for a violation of toll collection regulations imposed by certain public authorities pursuant to the law authorizing such public authorities to impose monetary liability on the owner of a vehicle for failure of an operator thereof to comply with toll collection regulations of such public authorities through the installation and operation of photo-moni- A. 8902--C 13 toring systems, in accordance with the provisions of section two thou- sand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, or an allegation of liability of an owner for a violation of section eleven hundred seventy-four of this chapter when meeting a school bus marked and equipped as provided in subdivisions twenty and twenty-one-c of section three hundred seventy- five of this chapter imposed pursuant to a local law or ordinance impos- ing monetary liability on the owner of a vehicle for failure of an oper- ator thereof to comply with school bus red visual signals through the installation and operation of school bus photo violation monitoring systems, in accordance with article twenty-nine of this chapter, or an allegation of liability of an owner for a violation of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with certain posted maximum speed limits within a highway construction or maintenance work area through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter, or an allegation of liability of an owner for a violation of section three hundred eighty-five of this chapter and the rules of the department of transportation of the city of New York in relation to gross vehicle weight and/or axle weight violations imposed pursuant to a weigh in motion demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such gross vehicle weight and/or axle weight restrictions through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter, or an allega- tion of liability of an owner for a violation of bus operation-related traffic regulations as defined by article twenty-four of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such bus operation-related traffic regulations through the instal- lation and operation of bus operation-related photo devices, in accord- ance with article twenty-four of this chapter, OR AN ALLEGATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF STREET CLEANING PARKING RULES AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IMPOSED PURSUANT TO A PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAIL- URE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH STREET CLEANING PARKING RULES THROUGH THE INSTALLATION AND OPERATION OF STREET CLEANING VEHICLE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER, shall be held before a hearing examiner in accordance with rules and regulations promulgated by the bureau. g. A record shall be made of a hearing on a plea of not guilty or of a hearing at which liability in accordance with any provisions of law specifically authorizing the imposition of monetary liability on the owner of a vehicle for failure of an operator thereof: to comply with traffic-control indications in violation of subdivision (d) of section eleven hundred eleven of this chapter through the installation and oper- ation of traffic-control signal photo violation-monitoring systems, in accordance with article twenty-four of this chapter; to comply with certain posted maximum speed limits in violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter through the installation and operation of photo speed violation monitor- ing systems, in accordance with article thirty of this chapter; to comply with bus lane restrictions as defined by article twenty-four of A. 8902--C 14 this chapter through the installation and operation of bus lane photo devices, in accordance with article twenty-four of this chapter; to comply with toll collection regulations of certain public authorities through the installation and operation of photo-monitoring systems, in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty; to stop for a school bus displaying a red visual signal in violation of section eleven hundred seventy-four of this chapter through the installation and operation of school bus photo violation monitoring systems, in accordance with article twenty-nine of this chapter; to comply with certain posted maximum speed limits in violation of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter within a highway construction or maintenance work area through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; to comply with gross vehicle weight and/or axle weight restrictions in violation of section three hundred eighty-five of this chapter and the rules of the department of transportation of the city of New York through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; or to comply with bus operation-related traffic regulations as defined by article twenty-four of this chapter in violation of the rules of the department of transportation of the city of New York through the instal- lation and operation of bus operation-related photo devices, in accord- ance with article twenty-four of this chapter; OR TO COMPLY WITH STREET CLEANING PARKING RULES AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER THROUGH THE INSTALLATION AND OPERATION OF STREET CLEANING VEHICLE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR 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 amended by section 7 of part MM of chapter 56 of the laws of 2023, 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] SUCH EXAMINER may examine either the prior parking violations record or the record of liabilities incurred in accordance with any provisions of law specif- ically authorizing the imposition of monetary liability on the owner of a vehicle for failure of an operator thereof: to comply with traffic- control indications in violation of subdivision (d) of section eleven hundred eleven of this chapter through the installation and operation of traffic-control signal photo violation-monitoring systems, in accordance with article twenty-four of this chapter; to comply with certain posted maximum speed limits in violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter through the instal- lation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; to comply with bus lane restrictions as defined by article twenty-four of this chapter through the installation and operation of bus lane photo devices, in accordance with article twenty-four of this chapter; to comply with toll collection regulations of certain public authorities through the installation and operation of photo-monitoring systems, in accordance with the provisions of section two thousand nine hundred eighty-five of the public authori- ties law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty; to A. 8902--C 15 stop for a school bus displaying a red visual signal in violation of section eleven hundred seventy-four of this chapter through the instal- lation and operation of school bus photo violation monitoring systems, in accordance with article twenty-nine of this chapter; to comply with certain posted maximum speed limits in violation of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter within a highway construction or maintenance work area through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; to comply with gross vehicle weight and/or axle weight restrictions in violation of section three hundred eighty-five of this chapter and the rules of the department of transpor- tation of the city of New York through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; [or] to comply with bus operation-related traffic regulations as defined by article twenty-four of this chapter in violation of the rules of the department of transportation of the city of New York through the installation and operation of bus operation-re- lated photo devices, in accordance with article twenty-four of this chapter; OR TO COMPLY WITH STREET CLEANING PARKING RULES AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER THROUGH THE INSTALLATION AND OPERA- TION OF STREET CLEANING VEHICLE PHOTO DEVICES, IN ACCORDANCE WITH ARTI- CLE TWENTY-FOUR OF THIS CHAPTER, of the person charged, as applicable prior to rendering a final determination. Final determinations sustain- ing or dismissing charges shall be entered on a final determination roll maintained by the bureau together with records showing payment and nonpayment of penalties. 2. Where an operator or owner fails to enter a plea to a charge of a parking violation or contest an allegation of liability in accordance with any provisions of law specifically authorizing the imposition of monetary liability on the owner of a vehicle for failure of an operator thereof: to comply with traffic-control indications in violation of subdivision (d) of section eleven hundred eleven of this chapter through the installation and operation of traffic-control signal photo viola- tion-monitoring systems, in accordance with article twenty-four of this chapter; to comply with certain posted maximum speed limits in violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; to comply with bus lane restrictions as defined by article twenty-four of this chapter through the installation and operation of bus lane photo devices, in accordance with article twenty-four of this chapter; to comply with toll collection regulations of certain public authorities through the installation and operation of photo-monitoring systems, in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty; to stop for a school bus display- ing a red visual signal in violation of section eleven hundred seventy- four of this chapter through the installation and operation of school bus photo violation monitoring systems, in accordance with article twen- ty-nine of this chapter; to comply with certain posted maximum speed limits in violation of subdivision (b), (d), (f) or (g) of section elev- en hundred eighty of this chapter within a highway construction or main- tenance work area through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; to comply with gross vehicle weight and/or axle weight A. 8902--C 16 restrictions in violation of section three hundred eighty-five of this chapter and the rules of the department of transportation of the city of New York through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; [or] to comply with bus operation-related traffic regulations as defined by article twenty-four of this chapter in violation of the rules of the department of transportation of the city of New York through the installation and operation of bus operation-related photo devices, in accordance with article twenty-four of this chapter; OR TO COMPLY WITH STREET CLEANING PARKING RULES AS DEFINED BY ARTICLE TWENTY- FOUR OF THIS CHAPTER THROUGH THE INSTALLATION AND OPERATION OF STREET CLEANING VEHICLE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER, or fails to appear on a designated hearing date or subsequent adjourned date or fails after a hearing to comply with the determination of a hearing examiner, as prescribed by this article or by rule or regulation of the bureau, such failure to plead or contest, appear or comply shall be deemed, for all purposes, an admission of liability and shall be grounds for rendering and entering a default judgment in an amount provided by the rules and regulations of the bureau. However, after the expiration of the original date prescribed for entering a plea and before a default judgment may be rendered, in such case the bureau shall pursuant to the applicable provisions of law notify such operator or owner, by such form of first class mail as the commission may direct; (1) of the violation charged, or liability alleged in accordance with any provisions of law specifically authoriz- ing the imposition of monetary liability on the owner of a vehicle for failure of an operator thereof: to comply with traffic-control indi- cations in violation of subdivision (d) of section eleven hundred eleven of this chapter through the installation and operation of traffic-con- trol signal photo violation-monitoring systems, in accordance with arti- cle twenty-four of this chapter; to comply with certain posted maximum speed limits in violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; to comply with bus lane restrictions as defined by article twenty-four of this chapter through the installation and operation of bus lane photo devices, in accordance with article twenty-four of this chapter; to comply with toll collection regulations of certain public authorities through the installation and operation of photo-monitoring systems, in accordance with the provisions of section two thousand nine hundred eighty-five of the public authori- ties law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty; to stop for a school bus displaying a red visual signal in violation of section eleven hundred seventy-four of this chapter through the instal- lation and operation of school bus photo violation monitoring systems, in accordance with article twenty-nine of this chapter; to comply with certain posted maximum speed limits in violation of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter within a highway construction or maintenance work area through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; to comply with gross vehicle weight and/or axle weight restrictions in violation of section three hundred eighty-five of this chapter and the rules of the department of transpor- tation of the city of New York through the installation and operation of weigh in motion violation monitoring systems, in accordance with article A. 8902--C 17 ten of this chapter; [or] to comply with bus operation-related traffic regulations as defined by article twenty-four of this chapter in violation of the rules of the department of transportation of the city of New York through the installation and operation of bus operation-re- lated photo devices, in accordance with article twenty-four of this chapter; OR TO COMPLY WITH STREET CLEANING PARKING RULES AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER THROUGH THE INSTALLATION AND OPERA- TION OF STREET CLEANING VEHICLE PHOTO DEVICES, IN ACCORDANCE WITH ARTI- CLE TWENTY-FOUR OF THIS CHAPTER, (2) of the impending default judgment, (3) that such judgment will be entered in the Civil Court of the city in which the bureau has been established, or other court of civil jurisdic- tion or any other place provided for the entry of civil judgments within the state of New York, and (4) that a default may be avoided by entering a plea or contesting an allegation of liability in accordance with any provisions of law specifically authorizing the imposition of monetary liability on the owner of a vehicle for failure of an operator thereof: to comply with traffic-control indications in violation of subdivision (d) of section eleven hundred eleven of this chapter through the instal- lation and operation of traffic-control signal photo violation-monitor- ing systems, in accordance with article twenty-four of this chapter; to comply with certain posted maximum speed limits in violation of subdivi- sion (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; to comply with bus lane restrictions as defined by article twenty-four of this chapter through the installation and operation of bus lane photo devices, in accordance with article twenty-four of this chapter; to comply with toll collection regulations of certain public authorities through the installation and operation of photo-monitoring systems, in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty; to stop for a school bus displaying a red visual signal in violation of section eleven hundred seventy-four of this chapter through the installation and operation of school bus photo violation monitoring systems, in accordance with article twenty-nine of this chapter; to comply with certain posted maximum speed limits in violation of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter within a highway construction or maintenance work area through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; to comply with gross vehicle weight and/or axle weight restrictions in violation of section three hundred eighty-five of this chapter and the rules of the department of transportation of the city of New York through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; [or] to comply with bus operation-related traffic regulations as defined by article twenty-four of this chapter in violation of the rules of the department of transportation of the city of New York through the instal- lation and operation of bus operation-related photo devices, in accord- ance with article twenty-four of this chapter; OR TO COMPLY WITH STREET CLEANING PARKING RULES AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER THROUGH THE INSTALLATION AND OPERATION OF STREET CLEANING VEHICLE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR 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 A. 8902--C 18 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] SUCH EXAMINER shall impose no greater penalty or fine than those upon which the person was originally charged. § 8. Subparagraph (i) of paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law, as amended by section 8 of part MM of chapter 56 of the laws of 2023, 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 that the registrant or [his or her] THEIR 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 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] THEIR agent without being licensed as a motor vehicle for hire by the appropriate local authority, in violation of any of the provisions of this chapter or of any law, ordinance, rule or regulation made by a local authority; or (ii) the registrant was liable for a violation of subdivision (d) of section eleven hundred eleven of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with traffic-con- trol indications through the installation and operation of traffic-con- trol signal photo violation-monitoring systems, in accordance with arti- cle twenty-four of this chapter; or (iii) the registrant was liable for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for fail- ure of an operator thereof to comply with such posted maximum speed limits through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; or (iv) the registrant was liable for a violation of bus lane restrictions as defined by article twenty-four of this chapter imposed pursuant to a bus rapid transit program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such bus lane restrictions through the installation and operation of bus lane photo devices, in accordance with article twenty-four of this chap- ter; or (v) the registrant was liable for a violation of section eleven hundred seventy-four of this chapter when meeting a school bus marked and equipped as provided in subdivisions twenty and twenty-one-c of section three hundred seventy-five of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with school bus red visual signals through the installation and operation of school bus photo violation monitoring systems, in accordance with article twenty- A. 8902--C 19 nine of this chapter; or (vi) the registrant was liable for a violation of section three hundred eighty-five of this chapter and the rules of the department of transportation of the city of New York in relation to gross vehicle weight and/or axle weight violations imposed pursuant to a weigh in motion demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such gross vehicle weight and/or axle weight restrictions through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; or (vii) the registrant was liable for a violation of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such posted maximum speed limits within a highway construction or maintenance work area through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter[,]; or (viii) the registrant was liable for a violation of bus operation-related traffic regulations as defined by article twenty-four of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such bus operation-related traffic regulations through the installation and operation of bus operation-related photo devices, in accordance with article twenty-four of this chapter[,]; OR (IX) THE REGISTRANT WAS LIABLE FOR A VIOLATION OF STREET CLEANING PARK- ING RULES AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IMPOSED PURSUANT TO A PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH STREET CLEANING PARKING RULES THROUGH THE INSTALLATION AND OPERATION OF STREET CLEANING VEHICLE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER, the commissioner or [his or her] THEIR agent shall deny the registration or renewal application until the applicant provides proof from the court, traffic and parking violations agency or adminis- trative 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] SUCH APPLICANT has complied with the rules and regulations of said tribunal following entry of a final decision. Where an applica- tion is denied pursuant to this section, the commissioner may, in [his or her] THEIR discretion, deny a registration or renewal application to any other person for the same vehicle and may deny a registration or renewal application for any other motor vehicle registered in the name of the applicant where the commissioner has determined that such regis- trant's intent has been to evade the purposes of this subdivision and where the commissioner has reasonable grounds to believe that such registration or renewal will have the effect of defeating the purposes 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. § 9. Subdivision 1-a of section 1809 of the vehicle and traffic law, as amended by section 9 of part MM of chapter 56 of the laws of 2023, is amended to read as follows: 1-a. Notwithstanding the provisions of subdivision one of this section, the provisions of subdivision one of this section shall not apply to an adjudication of liability of owners: (a) for violations of subdivision (d) of section eleven hundred eleven of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the A. 8902--C 20 owner of a vehicle for failure of an operator thereof to comply with traffic-control indications through the installation and operation of traffic-control signal photo violation-monitoring systems, in accordance with article twenty-four of this chapter; or (b) for violations of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such posted maximum speed limits through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; or (c) for violations of bus lane restrictions as defined by article twenty-four of this chap- ter imposed pursuant to a bus rapid transit program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such bus lane restrictions through the installation and operation of bus lane photo devices, in accordance with article twenty- four of this chapter; or (d) for violations of toll collection regu- lations imposed by certain public authorities pursuant to the law authorizing such public authorities to impose monetary liability on the owner of a vehicle for failure of an operator thereof to comply with toll collection regulations of such public authorities through the installation and operation of photo-monitoring systems, in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty; or (e) for violations of section eleven hundred seventy- four of this chapter when meeting a school bus marked and equipped as provided in subdivisions twenty and twenty-one-c of section three hundred seventy-five of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with school bus red visual signals through the installation and operation of school bus photo violation monitoring systems, in accordance with article twenty-nine of this chapter; or (f) for violations of section three hundred eighty-five of this chapter and the rules of the department of transportation of the city of New York in relation to gross vehicle weight and/or axle weight violations imposed pursuant to a weigh in motion demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such gross vehicle weight and/or axle weight restrictions through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; or (g) for violations of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such posted maximum speed limits within a highway construction or maintenance work area through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; or (h) for violations of bus operation-related traffic regulations as defined by article twenty-four of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such bus oper- ation-related traffic regulations through the installation and operation of bus operation-related photo devices, in accordance with article twen- ty-four of this chapter; OR (I) FOR VIOLATIONS OF STREET CLEANING PARK- ING RULES AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IMPOSED PURSUANT TO A PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A A. 8902--C 21 VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH STREET CLEANING PARKING RULES THROUGH THE INSTALLATION AND OPERATION OF STREET CLEANING VEHICLE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER. § 10. Subdivision 1 of section 1809-a of the vehicle and traffic law, as amended by section 10 of part MM of chapter 56 of the laws of 2023, is amended to read as follows: 1. The provisions of any other general or special law notwithstanding, whenever, in a city having a population of one hundred thousand or more according to the nineteen hundred eighty United States census, proceedings in an administrative tribunal or a court result in a finding of liability, or conviction for the violation of any statute, local law, ordinance or rule involving the parking, stopping or standing of a motor vehicle, except (A) an adjudication of liability of an owner for a violation of bus operation-related traffic regulations as defined by article twenty-four of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for fail- ure of an operator thereof to comply with such bus operation-related traffic regulations through the installation and operation of bus opera- tion-related photo devices, in accordance with article twenty-four of this chapter, OR (B) AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF STREET CLEANING PARKING RULES AS DEFINED BY ARTICLE TWEN- TY-FOUR OF THIS CHAPTER IMPOSED PURSUANT TO A PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH STREET CLEANING PARKING RULES THROUGH THE INSTALLA- TION AND OPERATION OF STREET CLEANING VEHICLE PHOTO DEVICES, IN ACCORD- ANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER, there shall be levied a mandatory surcharge in addition to any other sentence, fine or penalty otherwise permitted or required, in the amount of fifteen dollars. Such surcharge shall not be deemed a monetary penalty for the purposes of section two hundred thirty-seven of this chapter or section 19-203 of the administrative code of the city of New York. § 11. Subdivision 1 of section 1809-aa of the vehicle and traffic law, as amended by section 11 of part MM of chapter 56 of the laws of 2023, is amended to read as follows: 1. Notwithstanding any other provision of law, whenever proceedings in an administrative tribunal or court result in a conviction for a violation of section twelve hundred, twelve hundred one or twelve hundred two of this chapter, except (A) an adjudication of liability of an owner for a violation of bus operation-related traffic regulations as defined by article twenty-four of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such bus oper- ation-related traffic regulations through the installation and operation of bus operation-related photo devices, in accordance with article twen- ty-four of this chapter, OR (B) AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF STREET CLEANING PARKING RULES AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IMPOSED PURSUANT TO A PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH STREET CLEANING PARKING RULES THROUGH THE INSTALLATION AND OPERATION OF STREET CLEANING VEHICLE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER, there shall be levied a mandatory surcharge in addition to any other sentence, fine or penalty otherwise permitted or required, in the amount of twen- ty-five dollars. A. 8902--C 22 § 12. Paragraph a of subdivision 1 of section 1809-e of the vehicle and traffic law, as amended by section 12 of part MM of chapter 56 of the laws of 2023, 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: (i) a traffic infraction involving standing, stopping, or parking or violations by pedestrians or bicyclists; and (ii) an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred elev- en of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with traffic-control indications through the installa- tion and operation of traffic-control signal photo violation-monitoring systems, in accordance with article twenty-four of this chapter; and (iii) an adjudication of liability of an owner for a violation of subdi- vision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing mone- tary liability on the owner of a vehicle for failure of an operator thereof to comply with such posted maximum speed limits through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; and (iv) an adjudi- cation of liability of an owner for a violation of bus lane restrictions as defined by article twenty-four of this chapter imposed pursuant to a bus rapid transit program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such bus lane restrictions through the installation and operation of bus lane photo devices, in accordance with article twenty-four of this chapter; and (v) an adjudication of liability of an owner for a violation of toll collection regulations imposed by certain public authorities pursuant to the law authorizing such public authorities to impose monetary liability on the owner of a vehicle for failure of an operator thereof to comply with toll collection regulations of such public authorities through the installation and operation of photo-monitoring systems, in accordance with section two thousand nine hundred eighty-five of the public author- ities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty; and (vi) an adjudication of liability of an owner for a violation of section eleven hundred seventy-four of this chapter when meeting a school bus marked and equipped as provided in subdivisions twenty and twenty-one-c of section three hundred seventy-five of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with school bus red visual signals through the installation and operation of school bus photo violation monitoring systems, in accordance with article twenty- nine of this chapter; and (vii) an adjudication of liability of an owner for a violation of section three hundred eighty-five of this chapter and the rules of the department of transportation of the city of New York in relation to gross vehicle weight and/or axle weight violations imposed pursuant to a weigh in motion demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such gross vehicle weight and/or axle weight restrictions through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; and A. 8902--C 23 (viii) 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 imposed pursuant to a demonstration program imposing mone- tary liability on the owner of a vehicle for failure of an operator thereof to comply with such posted maximum speed limits within a highway construction or maintenance work area through the installation and oper- ation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; and (ix) an adjudication of liability of an owner for a violation of bus operation-related traffic regulations as defined by article twenty-four of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such bus oper- ation-related traffic regulations through the installation and operation of bus operation-related photo devices, in accordance with article twen- ty-four of this chapter; AND (X) AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF STREET CLEANING PARKING RULES AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IMPOSED PURSUANT TO A PROGRAM IMPOS- ING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH STREET CLEANING PARKING RULES THROUGH THE INSTALLATION AND OPERATION OF STREET CLEANING VEHICLE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR 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. § 13. Subdivision 2 of section 87 of the public officers law is amended by adding a new paragraph (u) to read as follows: (U) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PREPARED UNDER AUTHORITY OF SECTION ELEVEN HUNDRED ELEVEN-H OF THE VEHICLE AND TRAFFIC LAW. § 14. The purchase or lease of equipment for a demonstration program established pursuant to section 1111-h of the vehicle and traffic law, as added by section one of this act, shall be subject to the provisions of section 103 of the general municipal law. § 15. This act shall take effect one year after it shall have become a law; provided, however, that sections one, thirteen and fourteen of this act shall expire July 1, 2029, when upon such date the provisions of such sections shall be deemed repealed; provided further, however, that: (a) the amendments to subdivision 1 of section 1809-a of the vehicle and traffic law made by section ten of this act shall not affect the repeal of such section and shall be deemed repealed therewith; and (b) effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of section one of this act on its effective date are authorized to be made and completed on or before such effective date.
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.