Bill Text: NY A08368 | 2013-2014 | General Assembly | Amended


Bill Title: Relates to owner liability for failure of operator to comply with traffic control indications in the city of Mt. Vernon; authorizes such city to establish a demonstration program for traffic-control signal photo violation monitoring devices.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-07-22 - signed chap.101 [A08368 Detail]

Download: New_York-2013-A08368-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        8368--B
                                 I N  A S S E M B L Y
                                    January 9, 2014
                                      ___________
       Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
         tee on Transportation -- 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, the general municipal law,
         and the public officers law, in relation to owner liability for  fail-
         ure of operator to comply with traffic-control indications in the city
         of  Mt.  Vernon;  and providing for the repeal of such provisions upon
         expiration thereof
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  1  of section 235 of the vehicle and traffic
    2  law, as amended by section 1 of chapter 189 of  the  laws  of  2013,  is
    3  amended to read as follows:
    4    1.  Notwithstanding any inconsistent provision of any general, special
    5  or local law or administrative code to the contrary, in any  city  which
    6  heretofore  or  hereafter  is  authorized to establish an administrative
    7  tribunal to hear and determine complaints of traffic infractions consti-
    8  tuting parking, standing or stopping violations, or  to  adjudicate  the
    9  liability  of owners for violations of subdivision (d) of section eleven
   10  hundred eleven of this chapter in accordance with section eleven hundred
   11  eleven-a of this chapter, or to adjudicate the liability of  owners  for
   12  violations  of  subdivision (d) of section eleven hundred eleven of this
   13  chapter in accordance with sections  eleven  hundred  eleven-b  of  this
   14  chapter as added by sections sixteen of chapters twenty, twenty-one, and
   15  twenty-two  of  the  laws  of  two  thousand  nine, OR TO ADJUDICATE THE
   16  LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (D) OF SECTION  ELEVEN
   17  HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
   18  ELEVEN-D  OF  THIS CHAPTER, or to adjudicate the liability of owners for
   19  violations of toll collection regulations as defined in and  in  accord-
   20  ance  with  the  provisions of section two thousand nine hundred eighty-
   21  five of the public authorities law and sections sixteen-a, sixteen-b and
   22  sixteen-c of chapter seven hundred seventy-four of the laws of  nineteen
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13339-04-4
       A. 8368--B                          2
    1  hundred  fifty,  or to adjudicate liability of owners in accordance with
    2  section eleven hundred eleven-c of this chapter for  violations  of  bus
    3  lane restrictions as defined in subdivision (b), (c), (d), (f) or (g) of
    4  such section, or to adjudicate the liability of owners for violations of
    5  section eleven hundred eighty of this chapter in accordance with section
    6  eleven hundred eighty-b of this chapter, such tribunal and the rules and
    7  regulations  pertaining  thereto  shall  be  constituted  in substantial
    8  conformance with the following sections.
    9    S 1-a. Section 235 of the vehicle  and  traffic  law,  as  amended  by
   10  section  1-a  of  chapter 189 of the laws of 2013, is amended to read as
   11  follows:
   12    S 235. Jurisdiction. Notwithstanding any inconsistent provision of any
   13  general, special or local law or administrative code to the contrary, in
   14  any city which heretofore or hereafter is  authorized  to  establish  an
   15  administrative  tribunal  to  hear  and  determine complaints of traffic
   16  infractions constituting parking, standing or stopping violations, or to
   17  adjudicate the liability of owners for violations of subdivision (d)  of
   18  section eleven hundred eleven of this chapter in accordance with section
   19  eleven  hundred eleven-a of this chapter, or to adjudicate the liability
   20  of owners for violations of subdivision (d) of  section  eleven  hundred
   21  eleven  of  this  chapter  in  accordance  with  sections eleven hundred
   22  eleven-b of this chapter as added by sections sixteen of chapters  twen-
   23  ty,  twenty-one,  and twenty-two of the laws of two thousand nine, OR TO
   24  ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (D)  OF
   25  SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION
   26  ELEVEN  HUNDRED ELEVEN-D OF THIS CHAPTER, or to adjudicate the liability
   27  of owners for violations of toll collection regulations  as  defined  in
   28  and  in  accordance  with  the  provisions  of section two thousand nine
   29  hundred  eighty-five  of  the  public  authorities  law   and   sections
   30  sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
   31  of  the  laws  of  nineteen hundred fifty, or to adjudicate liability of
   32  owners in accordance with section eleven hundred eleven-c of this  chap-
   33  ter  for violations of bus lane restrictions as defined in such section,
   34  or to adjudicate the liability of owners for violations  of  subdivision
   35  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
   36  ter  in accordance with section eleven hundred eighty-b of this chapter,
   37  such tribunal and the rules and regulations pertaining thereto shall  be
   38  constituted in substantial conformance with the following sections.
   39    S  1-b.  Section  235  of  the  vehicle and traffic law, as amended by
   40  section 1-b of chapter 189 of the laws of 2013, is amended  to  read  as
   41  follows:
   42    S 235. Jurisdiction. Notwithstanding any inconsistent provision of any
   43  general, special or local law or administrative code to the contrary, in
   44  any  city  which  heretofore  or hereafter is authorized to establish an
   45  administrative tribunal to hear  and  determine  complaints  of  traffic
   46  infractions constituting parking, standing or stopping violations, or to
   47  adjudicate  the liability of owners for violations of subdivision (d) of
   48  section eleven  hundred  eleven  of  this  chapter  in  accordance  with
   49  sections  eleven  hundred  eleven-b of this chapter as added by sections
   50  sixteen of chapters twenty, twenty-one, and twenty-two of  the  laws  of
   51  two  thousand  nine,  OR  TO  ADJUDICATE  THE  LIABILITY  OF  OWNERS FOR
   52  VIOLATIONS OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN  OF  THIS
   53  CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAP-
   54  TER,  or  to  adjudicate  the liability of owners for violations of toll
   55  collection  regulations  as  defined  in  and  in  accordance  with  the
   56  provisions  of  section  two  thousand  nine  hundred eighty-five of the
       A. 8368--B                          3
    1  public authorities law and sections sixteen-a, sixteen-b  and  sixteen-c
    2  of  chapter  seven  hundred seventy-four of the laws of nineteen hundred
    3  fifty, or to adjudicate liability of owners in accordance  with  section
    4  eleven  hundred  eleven-c  of  this  chapter  for violations of bus lane
    5  restrictions as defined in such section, or to adjudicate the  liability
    6  of  owners  for  violations  of subdivision (b), (c), (d), (f) or (g) of
    7  section eleven hundred eighty of this chapter in accordance with section
    8  eleven hundred eighty-b of this chapter, such tribunal and the rules and
    9  regulations pertaining  thereto  shall  be  constituted  in  substantial
   10  conformance with the following sections.
   11    S  1-c.  Section  235  of  the  vehicle and traffic law, as amended by
   12  section 1-c of chapter 189 of the laws of 2013, is amended  to  read  as
   13  follows:
   14    S 235. Jurisdiction. Notwithstanding any inconsistent provision of any
   15  general, special or local law or administrative code to the contrary, in
   16  any  city  which  heretofore  or hereafter is authorized to establish an
   17  administrative tribunal to hear  and  determine  complaints  of  traffic
   18  infractions constituting parking, standing or stopping violations, OR TO
   19  ADJUDICATE  THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (D) OF
   20  SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION
   21  ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, or to adjudicate the  liability
   22  of  owners  for  violations of toll collection regulations as defined in
   23  and in accordance with the  provisions  of  section  two  thousand  nine
   24  hundred   eighty-five   of  the  public  authorities  law  and  sections
   25  sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
   26  of the laws of nineteen hundred fifty, or  to  adjudicate  liability  of
   27  owners  in accordance with section eleven hundred eleven-c of this chap-
   28  ter for violations of bus lane restrictions as defined in such  section,
   29  or  to  adjudicate the liability of owners for violations of subdivision
   30  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
   31  ter in accordance with section eleven hundred eighty-b of this  chapter,
   32  such  tribunal and the rules and regulations pertaining thereto shall be
   33  constituted in substantial conformance with the following sections.
   34    S 1-d. Section 235 of the vehicle  and  traffic  law,  as  amended  by
   35  section  1-d  of  chapter 189 of the laws of 2013, is amended to read as
   36  follows:
   37    S 235. Jurisdiction. Notwithstanding any inconsistent provision of any
   38  general, special or local law or administrative code to the contrary, in
   39  any city which heretofore or hereafter is  authorized  to  establish  an
   40  administrative  tribunal  to  hear  and  determine complaints of traffic
   41  infractions constituting parking, standing or stopping violations, OR TO
   42  ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (D)  OF
   43  SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION
   44  ELEVEN  HUNDRED ELEVEN-D OF THIS CHAPTER, or to adjudicate the liability
   45  of owners for violations of toll collection regulations  as  defined  in
   46  and  in  accordance  with  the  provisions  of section two thousand nine
   47  hundred  eighty-five  of  the  public  authorities  law   and   sections
   48  sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
   49  of  the  laws  of  nineteen hundred fifty, or to adjudicate liability of
   50  owners for violations of subdivisions (c)  and  (d)  of  section  eleven
   51  hundred eighty of this chapter in accordance with section eleven hundred
   52  eighty-b  of  this  chapter, such tribunal and the rules and regulations
   53  pertaining thereto shall be constituted in substantial conformance  with
   54  the following sections.
       A. 8368--B                          4
    1    S  1-e.  Section  235  of  the  vehicle and traffic law, as separately
    2  amended by chapter 715 of the laws of 1972 and chapter 379 of  the  laws
    3  of 1992, is amended to read as follows:
    4    S 235. Jurisdiction. Notwithstanding any inconsistent provision of any
    5  general, special or local law or administrative code to the contrary, in
    6  any  city  which  heretofore  or hereafter is authorized to establish an
    7  administrative tribunal to hear  and  determine  complaints  of  traffic
    8  infractions constituting parking, standing or stopping violations, OR TO
    9  ADJUDICATE  THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (D) OF
   10  SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION
   11  ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, or to adjudicate the  liability
   12  of  owners  for  violations of toll collection regulations as defined in
   13  and in accordance with the  provisions  of  section  two  thousand  nine
   14  hundred   eighty-five   of  the  public  authorities  law  and  sections
   15  sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
   16  of the laws of nineteen hundred fifty, such tribunal and the  rules  and
   17  regulations  pertaining  thereto  shall  be  constituted  in substantial
   18  conformance with the following sections.
   19    S 2. Subdivision 1 of section 236 of the vehicle and traffic  law,  as
   20  amended  by  section 2 of chapter 189 of the laws of 2013, is amended to
   21  read as follows:
   22    1. Creation. In any city as hereinbefore or hereafter authorized  such
   23  tribunal  when  created  shall be known as the parking violations bureau
   24  and shall have jurisdiction of traffic infractions  which  constitute  a
   25  parking violation and, where authorized by local law adopted pursuant to
   26  subdivision  (a)  of  section eleven hundred eleven-a of this chapter or
   27  subdivisions (a) of sections eleven hundred eleven-b of this chapter  as
   28  added by sections sixteen of chapters twenty, twenty-one, and twenty-two
   29  of  the  laws of two thousand nine, OR SUBDIVISION (A) OF SECTION ELEVEN
   30  HUNDRED ELEVEN-D OF THIS CHAPTER,  shall  adjudicate  the  liability  of
   31  owners for violations of subdivision (d) of section eleven hundred elev-
   32  en  of  this  chapter  in  accordance  with  such section eleven hundred
   33  eleven-a [or  such],  sections  eleven  hundred  eleven-b  as  added  by
   34  sections  sixteen  of chapters twenty, twenty-one, and twenty-two of the
   35  laws of two thousand nine, OR SECTION ELEVEN HUNDRED ELEVEN-D and  shall
   36  adjudicate  the  liability  of  owners for violations of toll collection
   37  regulations as defined in and  in  accordance  with  the  provisions  of
   38  section  two thousand nine hundred eighty-five of the public authorities
   39  law and sections sixteen-a, sixteen-b and  sixteen-c  of  chapter  seven
   40  hundred  seventy-four  of  the  laws of nineteen hundred fifty and shall
   41  adjudicate liability of owners in accordance with section eleven hundred
   42  eleven-c of this chapter for violations  of  bus  lane  restrictions  as
   43  defined in such section and shall adjudicate the liability of owners for
   44  violations  of  subdivision  (b), (c), (d), (f) or (g) of section eleven
   45  hundred eighty of this chapter in accordance with section eleven hundred
   46  eighty-b of this chapter. Such tribunal, except in a city with  a  popu-
   47  lation of one million or more, shall also have jurisdiction of abandoned
   48  vehicle  violations.  For  the  purposes  of  this  article,  a  parking
   49  violation is the violation of any law, rule or regulation providing  for
   50  or  regulating  the parking, stopping or standing of a vehicle. In addi-
   51  tion for purposes of this article, "commissioner" shall mean and include
   52  the commissioner of traffic  of  the  city  or  an  official  possessing
   53  authority as such a commissioner.
   54    S 2-a. Subdivision 1 of section 236 of the vehicle and traffic law, as
   55  amended by section 2-a of chapter 189 of the laws of 2013, is amended to
   56  read as follows:
       A. 8368--B                          5
    1    1.  Creation. In any city as hereinbefore or hereafter authorized such
    2  tribunal when created shall be known as the  parking  violations  bureau
    3  and  shall  have  jurisdiction of traffic infractions which constitute a
    4  parking violation and, where authorized by local law adopted pursuant to
    5  subdivisions  (a) of sections eleven hundred eleven-b of this chapter as
    6  added by sections sixteen of chapters twenty, twenty-one, and twenty-two
    7  of the laws of two thousand nine, OR SUBDIVISION (A) OF  SECTION  ELEVEN
    8  HUNDRED  ELEVEN-D  OF  THIS  CHAPTER,  shall adjudicate the liability of
    9  owners for violations of subdivision (d) of section eleven hundred elev-
   10  en of this chapter in  accordance  with  such  sections  eleven  hundred
   11  eleven-b  as  added  by sections sixteen of chapters twenty, twenty-one,
   12  and twenty-two of the laws  of  two  thousand  nine  OR  SECTION  ELEVEN
   13  HUNDRED ELEVEN-D; and shall adjudicate liability of owners in accordance
   14  with  section  eleven hundred eleven-c of this chapter for violations of
   15  bus lane restrictions as defined in such section  and  shall  adjudicate
   16  liability  of  owners  for  violations  of  subdivisions  (c) and (d) of
   17  section eleven hundred eighty of this chapter in accordance with section
   18  eleven hundred eighty-b of this chapter. For the purposes of this  arti-
   19  cle, a parking violation is the violation of any law, rule or regulation
   20  providing for or regulating the parking, stopping or standing of a vehi-
   21  cle. In addition for purposes of this article, "commissioner" shall mean
   22  and  include  the  commissioner  of  traffic  of the city or an official
   23  possessing authority as such a commissioner.
   24    S 2-b. Subdivision 1 of section 236 of the vehicle and traffic law, as
   25  amended by section 2-b of chapter 189 of the laws of 2013, is amended to
   26  read as follows:
   27    1. Creation. In any city as hereinbefore or hereafter authorized  such
   28  tribunal  when  created  shall be known as the parking violations bureau
   29  and shall have jurisdiction of traffic infractions  which  constitute  a
   30  parking violation and, WHERE AUTHORIZED BY LOCAL LAW ADOPTED PURSUANT TO
   31  SUBDIVISION  (A)  OF  SECTION  ELEVEN  HUNDRED ELEVEN-D OF THIS CHAPTER,
   32  shall adjudicate liability of owners in accordance with  section  eleven
   33  hundred eleven-c of this chapter for violations of bus lane restrictions
   34  as defined in such section; and shall adjudicate the liability of owners
   35  for violations of subdivision (b), (c), (d), (f) or (g) of section elev-
   36  en  hundred  eighty  of  this  chapter in accordance with section eleven
   37  hundred eighty-b of this chapter. For the purposes of  this  article,  a
   38  parking  violation  is  the  violation  of  any  law, rule or regulation
   39  providing for or regulating the parking, stopping or standing of a vehi-
   40  cle. In addition for purposes of this article, "commissioner" shall mean
   41  and include the commissioner of traffic  of  the  city  or  an  official
   42  possessing authority as such a commissioner.
   43    S 2-c. Subdivision 1 of section 236 of the vehicle and traffic law, as
   44  amended by section 2-c of chapter 189 of the laws of 2013, is amended to
   45  read as follows:
   46    1.  Creation. In any city as hereinbefore or hereafter authorized such
   47  tribunal when created shall be known as the  parking  violations  bureau
   48  and,  WHERE  AUTHORIZED BY LOCAL LAW ADOPTED PURSUANT TO SUBDIVISION (A)
   49  OF SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, shall have jurisdic-
   50  tion of traffic infractions which constitute  a  parking  violation  and
   51  shall  adjudicate  the liability of owners for violations of subdivision
   52  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
   53  ter in accordance with section eleven hundred eighty-b of this  chapter.
   54  For  the  purposes of this article, a parking violation is the violation
   55  of any law, rule or regulation providing for or regulating the  parking,
   56  stopping  or  standing  of  a  vehicle. In addition for purposes of this
       A. 8368--B                          6
    1  article, "commissioner" shall mean and include the commissioner of traf-
    2  fic of the city or an official possessing authority as  such  a  commis-
    3  sioner.
    4    S 2-d. Subdivision 1 of section 236 of the vehicle and traffic law, as
    5  added by chapter 715 of the laws of 1972, is amended to read as follows:
    6    1.  Creation. In any city as hereinbefore or hereafter authorized such
    7  tribunal when created shall be known as the  parking  violations  bureau
    8  and,  WHERE  AUTHORIZED BY LOCAL LAW ADOPTED PURSUANT TO SUBDIVISION (A)
    9  OF SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, shall have jurisdic-
   10  tion of traffic infractions which constitute a  parking  violation.  For
   11  the  purposes  of  this article, a parking violation is the violation of
   12  any law, rule or regulation providing for  or  regulating  the  parking,
   13  stopping  or  standing  of  a  vehicle. In addition for purposes of this
   14  article, "commissioner" shall mean and include the commissioner of traf-
   15  fic of the city or an official possessing authority as  such  a  commis-
   16  sioner.
   17    S 3. Section 237 of the vehicle and traffic law is amended by adding a
   18  new subdivision 14 to read as follows:
   19    14.  TO  ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVI-
   20  SION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN  ACCORDANCE
   21  WITH  SECTION  ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, IF AUTHORIZED BY
   22  LOCAL LAW ADOPTED PURSUANT TO SUBDIVISION (A)  OF  SUCH  SECTION  ELEVEN
   23  HUNDRED ELEVEN-D.
   24    S  4.  Paragraph  f of subdivision 1 of section 239 of the vehicle and
   25  traffic law, as amended by section 4 of chapter 189 of the laws of 2013,
   26  is amended to read as follows:
   27    f. "Notice of violation" means a notice of  violation  as  defined  in
   28  subdivision  nine  of  section two hundred thirty-seven of this article,
   29  but shall not be deemed to include a notice of liability issued pursuant
   30  to authorization set forth in section eleven hundred  eleven-a  of  this
   31  chapter, or sections eleven hundred eleven-b of this chapter as added by
   32  sections  sixteen  of chapters twenty, twenty-one, and twenty-two of the
   33  laws of two thousand nine, OR SECTION ELEVEN HUNDRED  ELEVEN-D  OF  THIS
   34  CHAPTER, and shall not be deemed to include a notice of liability issued
   35  pursuant  to section two thousand nine hundred eighty-five of the public
   36  authorities law and sections sixteen-a, sixteen-b and sixteen-c of chap-
   37  ter seven hundred seventy-four of the laws of nineteen hundred fifty and
   38  shall not be deemed to include a notice of liability issued pursuant  to
   39  section  eleven hundred eleven-c of this chapter and shall not be deemed
   40  to include a notice of  liability  issued  pursuant  to  section  eleven
   41  hundred eighty-b of this chapter.
   42    S  4-a. Paragraph f of subdivision 1 of section 239 of the vehicle and
   43  traffic law, as amended by section 4-a of chapter 189  of  the  laws  of
   44  2013, is amended to read as follows:
   45    f.  "Notice  of  violation"  means a notice of violation as defined in
   46  subdivision nine of section two hundred thirty-seven of this article but
   47  shall not be deemed to include a notice of liability issued pursuant  to
   48  authorization  set  forth  in  sections  eleven hundred eleven-b of this
   49  chapter as added by sections sixteen of chapters twenty, twenty-one, and
   50  twenty-two of the laws of two thousand nine OR  SECTION  ELEVEN  HUNDRED
   51  ELEVEN-D  OF THIS CHAPTER and shall not be deemed to include a notice of
   52  liability issued pursuant to section eleven  hundred  eleven-c  of  this
   53  chapter  and shall not be deemed to include a notice of liability issued
   54  pursuant to section eleven hundred eighty-b of this chapter.
       A. 8368--B                          7
    1    S 4-b. Paragraph f of subdivision 1 of section 239 of the vehicle  and
    2  traffic  law,  as  amended  by section 4-b of chapter 189 of the laws of
    3  2013, is amended to read as follows:
    4    f.  "Notice  of  violation"  means a notice of violation as defined in
    5  subdivision nine of section two hundred thirty-seven of this article and
    6  shall not be deemed to include a notice of liability issued pursuant  TO
    7  AUTHORIZATION SET FORTH IN SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAP-
    8  TER  AND  SHALL  NOT  BE  DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED
    9  PURSUANT to section eleven hundred eleven-c of this  chapter  and  shall
   10  not  be  deemed  to  include  a  notice  of liability issued pursuant to
   11  section eleven hundred eighty-b of this chapter.
   12    S 4-c. Paragraph f of subdivision 1 of section 239 of the vehicle  and
   13  traffic  law,  as  amended  by section 4-c of chapter 189 of the laws of
   14  2013, is amended to read as follows:
   15    f. "Notice of violation" means a notice of  violation  as  defined  in
   16  subdivision nine of section two hundred thirty-seven of this article AND
   17  SHALL  NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT TO
   18  AUTHORIZATION SET FORTH IN SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAP-
   19  TER and shall not be deemed to include  a  notice  of  liability  issued
   20  pursuant to section eleven hundred eighty-b of this chapter.
   21    S  4-d. Paragraph f of subdivision 1 of section 239 of the vehicle and
   22  traffic law, as added by chapter 180 of the laws of 1980, is amended  to
   23  read as follows:
   24    f.  "Notice  of  violation"  means a notice of violation as defined in
   25  subdivision nine of section two hundred thirty-seven of this article AND
   26  SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT  TO
   27  AUTHORIZATION SET FORTH IN SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAP-
   28  TER.
   29    S  5. Subdivisions 1 and 1-a of section 240 of the vehicle and traffic
   30  law, as amended by section 6 of chapter 189 of the  laws  of  2013,  are
   31  amended to read as follows:
   32    1.  Notice  of  hearing.  Whenever  a  person  charged  with a parking
   33  violation enters a plea of not guilty or a person alleged to  be  liable
   34  in  accordance  with  section eleven hundred eleven-a of this chapter or
   35  sections eleven hundred eleven-b of this chapter as  added  by  sections
   36  sixteen  of  chapters  twenty, twenty-one, and twenty-two of the laws of
   37  two thousand nine OR SECTION ELEVEN HUNDRED ELEVEN-D  OF  THIS  CHAPTER,
   38  for  a  violation of subdivision (d) of section eleven hundred eleven of
   39  this chapter contests such allegation, or a person alleged to be  liable
   40  in  accordance  with the provisions of section two thousand nine hundred
   41  eighty-five  of  the  public  authorities  law  or  sections  sixteen-a,
   42  sixteen-b  and  sixteen-c  of  chapter seven hundred seventy-four of the
   43  laws of nineteen hundred fifty, or a person  alleged  to  be  liable  in
   44  accordance  with  the  provisions  of section eleven hundred eleven-c of
   45  this chapter for a violation of a bus lane  restriction  as  defined  in
   46  such  section contests such allegation, or a person alleged to be liable
   47  in accordance with the provisions of section eleven hundred eighty-b  of
   48  this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of
   49  section  eleven hundred eighty of this chapter contests such allegation,
   50  the bureau shall advise such person personally by  such  form  of  first
   51  class  mail  as  the  director may direct of the date on which he or she
   52  must appear to answer the charge at a hearing. The form and  content  of
   53  such  notice  of  hearing shall be prescribed by the director, and shall
   54  contain a warning to advise the person so pleading  or  contesting  that
   55  failure to appear on the date designated, or on any subsequent adjourned
       A. 8368--B                          8
    1  date,  shall  be  deemed  an  admission of liability, and that a default
    2  judgment may be entered thereon.
    3    1-a.  Fines  and  penalties.  Whenever  a  plea of not guilty has been
    4  entered, or the bureau has been notified that an allegation of liability
    5  in accordance with section eleven hundred eleven-a of  this  chapter  or
    6  sections  eleven  hundred  eleven-b of this chapter as added by sections
    7  sixteen of chapters twenty, twenty-one, and twenty-two of  the  laws  of
    8  two  thousand nine OR SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER or
    9  an allegation of liability in accordance with section two thousand  nine
   10  hundred eighty-five of the public authorities law or sections sixteen-a,
   11  sixteen-b  and  sixteen-c  of  chapter seven hundred seventy-four of the
   12  laws of nineteen hundred fifty or an allegation of liability in  accord-
   13  ance  with section eleven hundred eleven-c of this chapter or an allega-
   14  tion of liability in accordance with section eleven hundred eighty-b  of
   15  this  chapter, is being contested, by a person in a timely fashion and a
   16  hearing upon the merits has been demanded, but has not  yet  been  held,
   17  the  bureau shall not issue any notice of fine or penalty to that person
   18  prior to the date of the hearing.
   19    S 5-a. Subdivisions 1 and 1-a of section 240 of the vehicle and  traf-
   20  fic  law,  as amended by section 6-a of chapter 189 of the laws of 2013,
   21  are amended to read as follows:
   22    1. Notice of  hearing.  Whenever  a  person  charged  with  a  parking
   23  violation  enters  a plea of not guilty or a person alleged to be liable
   24  in accordance with sections eleven hundred eleven-b of this  chapter  as
   25  added by sections sixteen of chapters twenty, twenty-one, and twenty-two
   26  of  the  laws of two thousand nine OR SECTION ELEVEN HUNDRED ELEVEN-D OF
   27  THIS CHAPTER for a  violation  of  subdivision  (d)  of  section  eleven
   28  hundred  eleven  of  this  chapter,  or a person alleged to be liable in
   29  accordance with the provisions of section  eleven  hundred  eleven-c  of
   30  this  chapter  for  a  violation of a bus lane restriction as defined in
   31  such section contests such allegation, or a person alleged to be  liable
   32  in  accordance with the provisions of section eleven hundred eighty-b of
   33  this chapter for violations of subdivision (b), (c), (d), (f) or (g)  of
   34  section  eleven hundred eighty of this chapter contests such allegation,
   35  the bureau shall advise such person personally by  such  form  of  first
   36  class  mail  as  the  director may direct of the date on which he or she
   37  must appear to answer the charge at a hearing. The form and  content  of
   38  such  notice  of  hearing shall be prescribed by the director, and shall
   39  contain a warning to advise the person so pleading  or  contesting  that
   40  failure to appear on the date designated, or on any subsequent adjourned
   41  date,  shall  be  deemed  an  admission of liability, and that a default
   42  judgment may be entered thereon.
   43    1-a. Fines and penalties. Whenever a  plea  of  not  guilty  has  been
   44  entered, or the bureau has been notified that an allegation of liability
   45  in  accordance with sections eleven hundred eleven-b of this chapter, as
   46  added by sections sixteen of chapters twenty, twenty-one, and twenty-two
   47  of the laws of two thousand nine[,] OR IN ACCORDANCE WITH SECTION ELEVEN
   48  HUNDRED ELEVEN-D OF THIS  CHAPTER  or  an  allegation  of  liability  in
   49  accordance  with  section  eleven hundred eleven-c of this chapter or an
   50  allegation of liability in accordance with section eleven hundred eight-
   51  y-b of this chapter is being contested, by a person in a timely  fashion
   52  and  a  hearing  upon the merits has been demanded, but has not yet been
   53  held, the bureau shall not issue any notice of fine or penalty  to  that
   54  person prior to the date of the hearing.
       A. 8368--B                          9
    1    S  5-b. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
    2  fic law, as amended by section 6-b of chapter 189 of the laws  of  2013,
    3  are amended to read as follows:
    4    1.  Notice  of  hearing.  Whenever  a  person  charged  with a parking
    5  violation enters a plea of not guilty or a person alleged to  be  liable
    6  in accordance with SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER OR IN
    7  ACCORDANCE  WITH  the  provisions  of section eleven hundred eleven-c of
    8  this chapter for a violation of a bus lane  restriction  as  defined  in
    9  such section, contests such allegation, or a person alleged to be liable
   10  in  accordance with the provisions of section eleven hundred eighty-b of
   11  this chapter for violations of subdivision (b), (c), (d), (f) or (g)  of
   12  section  eleven hundred eighty of this chapter contests such allegation,
   13  the bureau shall advise such person personally by  such  form  of  first
   14  class  mail  as  the  director may direct of the date on which he or she
   15  must appear to answer the charge at a hearing. The form and  content  of
   16  such  notice  of  hearing shall be prescribed by the director, and shall
   17  contain a warning to advise the  person  so  pleading  that  failure  to
   18  appear  on  the  date  designated,  or on any subsequent adjourned date,
   19  shall be deemed an admission of liability, and that a  default  judgment
   20  may be entered thereon.
   21    1-a.  Fines  and  penalties.  Whenever  a  plea of not guilty has been
   22  entered, or the bureau has been notified that an allegation of liability
   23  in accordance with SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER OR IN
   24  ACCORDANCE WITH section eleven hundred eleven-c of this  chapter  or  an
   25  allegation of liability in accordance with section eleven hundred eight-
   26  y-b  of this chapter is being contested, by a person in a timely fashion
   27  and a hearing upon the merits has been demanded, but has  not  yet  been
   28  held,  the  bureau shall not issue any notice of fine or penalty to that
   29  person prior to the date of the hearing.
   30    S 5-c. Subdivisions 1 and 1-a of section 240 of the vehicle and  traf-
   31  fic  law,  as amended by section 6-c of chapter 189 of the laws of 2013,
   32  are amended to read as follows:
   33    1. Notice of  hearing.  Whenever  a  person  charged  with  a  parking
   34  violation  enters a plea of not guilty, OR A PERSON ALLEGED TO BE LIABLE
   35  IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, or a
   36  person alleged to be liable in accordance with the provisions of section
   37  eleven hundred eighty-b of this chapter for  violations  of  subdivision
   38  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
   39  ter  contests  such  allegation,  the  bureau  shall  advise such person
   40  personally by such form of first class mail as the director  may  direct
   41  of  the  date  on  which he or she must appear to answer the charge at a
   42  hearing. The form and  content  of  such  notice  of  hearing  shall  be
   43  prescribed  by  the  director, and shall contain a warning to advise the
   44  person so pleading that failure to appear on the date designated, or  on
   45  any  subsequent  adjourned date, shall be deemed an admission of liabil-
   46  ity, and that a default judgment may be entered thereon.
   47    1-a. Fines and penalties. Whenever a  plea  of  not  guilty  has  been
   48  entered, OR THE BUREAU HAS BEEN NOTIFIED THAT AN ALLEGATION OF LIABILITY
   49  IN  ACCORDANCE  WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, or
   50  the bureau has been notified that an allegation of liability in  accord-
   51  ance  with  section  eleven  hundred  eighty-b of this chapter, is being
   52  contested, by a person in a timely fashion and a hearing upon the merits
   53  has been demanded, but has not yet been held, the bureau shall not issue
   54  any notice of fine or penalty to that person prior to the  date  of  the
   55  hearing.
       A. 8368--B                         10
    1    S  5-d. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
    2  fic law, subdivision 1 as added by chapter 715 of the laws of  1972  and
    3  subdivision 1-a as added by chapter 365 of the laws of 1978, are amended
    4  to read as follows:
    5    1.  Notice  of  hearing.  Whenever  a  person  charged  with a parking
    6  violation enters a plea of not guilty, OR A PERSON ALLEGED TO BE  LIABLE
    7  IN  ACCORDANCE  WITH  SECTION  ELEVEN  HUNDRED  ELEVEN-D OF THIS CHAPTER
    8  CONTESTS SUCH ALLEGATION, the bureau shall advise such person personally
    9  by such form of first class mail as the director may direct of the  date
   10  on  which  he  OR SHE must appear to answer the charge at a hearing. The
   11  form and content of such notice of hearing shall be  prescribed  by  the
   12  director,  and  shall contain a warning to advise the person so pleading
   13  that failure to appear on the date  designated,  or  on  any  subsequent
   14  adjourned  date,  shall  be deemed an admission of liability, and that a
   15  default judgment may be entered thereon.
   16    1-a. Fines and penalties. Whenever a  plea  of  not  guilty  has  been
   17  entered, OR THE BUREAU HAS BEEN NOTIFIED THAT AN ALLEGATION OF LIABILITY
   18  IN  ACCORDANCE  WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, IS
   19  BEING CONTESTED, by a person in a timely fashion and a hearing upon  the
   20  merits  has  been  demanded, but has not yet been held, the bureau shall
   21  not issue any notice of fine or penalty to that person prior to the date
   22  of the hearing.
   23    S 6. Paragraphs a and g of subdivision 2 of section 240 of the vehicle
   24  and traffic law, as amended by section 7 of chapter 189 of the  laws  of
   25  2013, are amended to read as follows:
   26    a. Every hearing for the adjudication of a charge of parking violation
   27  or  an allegation of liability in accordance with section eleven hundred
   28  eleven-a of this chapter or in accordance with sections  eleven  hundred
   29  eleven-b  of this chapter as added by sections sixteen of chapters twen-
   30  ty, twenty-one, and twenty-two of the laws of two thousand  nine  or  IN
   31  ACCORDANCE  WITH  SECTION  ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER OR an
   32  allegation of liability in accordance with  section  two  thousand  nine
   33  hundred eighty-five of the public authorities law or sections sixteen-a,
   34  sixteen-b  and  sixteen-c  of  chapter seven hundred seventy-four of the
   35  laws of nineteen hundred fifty or an allegation of liability in  accord-
   36  ance  with section eleven hundred eleven-c of this chapter or an allega-
   37  tion of liability in accordance with section eleven hundred eighty-b  of
   38  this chapter, shall be held before a hearing examiner in accordance with
   39  rules and regulations promulgated by the bureau.
   40    g. A record shall be made of a hearing on a plea of not guilty or of a
   41  hearing  at  which  liability  in accordance with section eleven hundred
   42  eleven-a of this chapter or in accordance with sections  eleven  hundred
   43  eleven-b  of this chapter as added by sections sixteen of chapters twen-
   44  ty, twenty-one, and twenty-two of the laws of two thousand  nine  OR  IN
   45  ACCORDANCE  WITH  SECTION  ELEVEN  HUNDRED  ELEVEN-D  OF THIS CHAPTER is
   46  contested or of a hearing at which liability in accordance with  section
   47  two  thousand  nine hundred eighty-five of the public authorities law or
   48  sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred
   49  seventy-four  of the laws of nineteen hundred fifty is contested or of a
   50  hearing at which liability in accordance  with  section  eleven  hundred
   51  eleven-c  of  this chapter or a hearing at which liability in accordance
   52  with section eleven hundred  eighty-b  of  this  chapter  is  contested.
   53  Recording devices may be used for the making of the record.
   54    S 6-a. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
   55  cle  and  traffic  law,  as amended by section 7-a of chapter 189 of the
   56  laws of 2013, are amended to read as follows:
       A. 8368--B                         11
    1    a. Every hearing for the adjudication of a charge of parking violation
    2  or an allegation of liability in accordance with sections eleven hundred
    3  eleven-b of this chapter, as added by sections sixteen of chapters twen-
    4  ty, twenty-one, and twenty-two of the laws of two thousand  nine  OR  IN
    5  ACCORDANCE  WITH  SECTION  ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER or an
    6  allegation of  liability  in  accordance  with  section  eleven  hundred
    7  eleven-c  of  this  chapter  or an allegation of liability in accordance
    8  with section eleven hundred eighty-b of  this  chapter,  shall  be  held
    9  before  a  hearing  examiner  in  accordance  with rules and regulations
   10  promulgated by the bureau.
   11    g. A record shall be made of a hearing on a plea of not guilty or of a
   12  hearing at which liability in accordance with  sections  eleven  hundred
   13  eleven-b of this chapter, as added by sections sixteen of chapters twen-
   14  ty,  twenty-one,  and  twenty-two of the laws of two thousand nine OR IN
   15  ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER or of  a
   16  hearing  at  which  liability  in accordance with section eleven hundred
   17  eleven-c of this chapter or a hearing at which liability  in  accordance
   18  with  section  eleven  hundred  eighty-b  of  this chapter is contested.
   19  Recording devices may be used for the making of the record.
   20    S 6-b. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
   21  cle and traffic law, as amended by section 7-b of  chapter  189  of  the
   22  laws of 2013, are amended to read as follows:
   23    a. Every hearing for the adjudication of a charge of parking violation
   24  OR  AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
   25  ELEVEN-D OF THIS CHAPTER or an allegation  of  liability  in  accordance
   26  with section eleven hundred eleven-c of this chapter or an allegation of
   27  liability  in  accordance  with  section eleven hundred eighty-b of this
   28  chapter shall be held before a hearing examiner in accordance with rules
   29  and regulations promulgated by the bureau.
   30    g. A record shall be made of a hearing on a plea of not guilty or OF A
   31  HEARING AT WHICH LIABILITY IN ACCORDANCE  WITH  SECTION  ELEVEN  HUNDRED
   32  ELEVEN-D  OF  THIS CHAPTER OR of a hearing at which liability in accord-
   33  ance with section eleven hundred eleven-c of this chapter or  a  hearing
   34  at which liability in accordance with section eleven hundred eighty-b of
   35  this chapter is contested.  Recording devices may be used for the making
   36  of the record.
   37    S 6-c. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
   38  cle  and  traffic  law,  as amended by section 7-c of chapter 189 of the
   39  laws of 2013, are amended to read as follows:
   40    a. Every hearing for the adjudication of a charge of parking violation
   41  OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN  HUNDRED
   42  ELEVEN-D  OF  THIS  CHAPTER  or an allegation of liability in accordance
   43  with section eleven hundred eighty-b  of  this  chapter  shall  be  held
   44  before  a  hearing  examiner  in  accordance  with rules and regulations
   45  promulgated by the bureau.
   46    g. A record shall be made of a hearing on a plea of not guilty OR OF A
   47  HEARING AT WHICH LIABILITY IN ACCORDANCE  WITH  SECTION  ELEVEN  HUNDRED
   48  ELEVEN-D  OF  THIS CHAPTER or a hearing at which liability in accordance
   49  with section eleven hundred  eighty-b  of  this  chapter  is  contested.
   50  Recording devices may be used for the making of the record.
   51    S 6-d. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
   52  cle  and  traffic  law, as added by chapter 715 of the laws of 1972, are
   53  amended to read as follows:
   54    a. Every hearing for the adjudication of a charge of parking violation
   55  OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN  HUNDRED
       A. 8368--B                         12
    1  ELEVEN-D  OF  THIS  CHAPTER  shall  be held before a hearing examiner in
    2  accordance with rules and regulations promulgated by the bureau.
    3    g.  A  record  shall be made of a hearing on a plea of not guilty OR A
    4  HEARING AT WHICH LIABILITY IN ACCORDANCE  WITH  SECTION  ELEVEN  HUNDRED
    5  ELEVEN-D OF THIS CHAPTER IS CONTESTED. Recording devices may be used for
    6  the making of the record.
    7    S  7.  Subdivisions  1 and 2 of section 241 of the vehicle and traffic
    8  law, as amended by section 8 of chapter 189 of the  laws  of  2013,  are
    9  amended to read as follows:
   10    1.  The  hearing  examiner  shall make a determination on the charges,
   11  either sustaining or dismissing them. Where the hearing examiner  deter-
   12  mines  that the charges have been sustained he or she may examine either
   13  the prior  parking  violations  record  or  the  record  of  liabilities
   14  incurred  in  accordance  with  section  eleven hundred eleven-a of this
   15  chapter or in accordance with sections eleven hundred eleven-b  of  this
   16  chapter as added by sections sixteen of chapters twenty, twenty-one, and
   17  twenty-two  of  the  laws  of  two  thousand  nine OR IN ACCORDANCE WITH
   18  SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER or the record of liabil-
   19  ities incurred in accordance with  section  two  thousand  nine  hundred
   20  eighty-five  of  the  public  authorities  law  or  sections  sixteen-a,
   21  sixteen-b and sixteen-c of chapter seven  hundred  seventy-four  of  the
   22  laws  of  nineteen hundred fifty of the person charged, or the record of
   23  liabilities incurred in accordance with section eleven hundred  eleven-c
   24  of  this  chapter,  or  the record of liabilities incurred in accordance
   25  with section eleven hundred eighty-b  of  this  chapter,  as  applicable
   26  prior  to rendering a final determination. Final determinations sustain-
   27  ing or dismissing charges shall be entered on a final determination roll
   28  maintained by the bureau  together  with  records  showing  payment  and
   29  nonpayment of penalties.
   30    2.  Where  an operator or owner fails to enter a plea to a charge of a
   31  parking violation or contest an allegation of  liability  in  accordance
   32  with  section  eleven  hundred eleven-a of this chapter or in accordance
   33  with sections eleven hundred  eleven-b  of  this  chapter  as  added  by
   34  sections  sixteen  of chapters twenty, twenty-one, and twenty-two of the
   35  laws of two thousand nine OR IN ACCORDANCE WITH SECTION  ELEVEN  HUNDRED
   36  ELEVEN-D  OF THIS CHAPTER or fails to contest an allegation of liability
   37  in accordance with section two thousand nine hundred eighty-five of  the
   38  public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
   39  chapter  seven  hundred  seventy-four  of  the  laws of nineteen hundred
   40  fifty, or fails to contest an allegation of liability in accordance with
   41  section eleven hundred eleven-c of this chapter or fails to  contest  an
   42  allegation of liability in accordance with section eleven hundred eight-
   43  y-b  of  this chapter or fails to appear on a designated hearing date or
   44  subsequent adjourned date or fails after a hearing to  comply  with  the
   45  determination of a hearing examiner, as prescribed by this article or by
   46  rule  or  regulation  of  the  bureau, such failure to plead or contest,
   47  appear or comply shall be deemed, for  all  purposes,  an  admission  of
   48  liability  and  shall  be  grounds  for rendering and entering a default
   49  judgment in an amount provided by  the  rules  and  regulations  of  the
   50  bureau.  However,  after  the expiration of the original date prescribed
   51  for entering a plea and before a default judgment may  be  rendered,  in
   52  such  case the bureau shall pursuant to the applicable provisions of law
   53  notify such operator or owner, by such form of first class mail  as  the
   54  commission  may  direct;  (1)  of the violation charged, or liability in
   55  accordance with section eleven hundred eleven-a of this  chapter  or  in
   56  accordance  with  sections  eleven  hundred  eleven-b of this chapter as
       A. 8368--B                         13
    1  added by sections sixteen of chapters twenty, twenty-one, and twenty-two
    2  of the laws of two thousand nine OR IN ACCORDANCE  WITH  SECTION  ELEVEN
    3  HUNDRED ELEVEN-D OF THIS CHAPTER alleged or liability in accordance with
    4  section  two thousand nine hundred eighty-five of the public authorities
    5  law or sections sixteen-a, sixteen-b  and  sixteen-c  of  chapter  seven
    6  hundred  seventy-four  of  the laws of nineteen hundred fifty alleged or
    7  liability in accordance with section eleven  hundred  eleven-c  of  this
    8  chapter  or liability in accordance with section eleven hundred eighty-b
    9  of this chapter alleged, (2) of the impending default judgment, (3) that
   10  such judgment will be entered in the Civil Court of the  city  in  which
   11  the bureau has been established, or other court of civil jurisdiction or
   12  any  other  place  provided  for the entry of civil judgments within the
   13  state of New York, and (4) that a default may be avoided by  entering  a
   14  plea or contesting an allegation of liability in accordance with section
   15  eleven  hundred  eleven-a of this chapter or in accordance with sections
   16  eleven hundred eleven-b of this chapter as added by sections sixteen  of
   17  chapters  twenty, twenty-one, and twenty-two of the laws of two thousand
   18  nine OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAP-
   19  TER or contesting an allegation of liability in accordance with  section
   20  two  thousand  nine hundred eighty-five of the public authorities law or
   21  sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred
   22  seventy-four  of  the  laws  of  nineteen hundred fifty or contesting an
   23  allegation of  liability  in  accordance  with  section  eleven  hundred
   24  eleven-c  of  this  chapter  or contesting an allegation of liability in
   25  accordance with section eleven hundred  eighty-b  of  this  chapter,  as
   26  appropriate,  or  making an appearance within thirty days of the sending
   27  of such notice. Pleas entered  and  allegations  contested  within  that
   28  period  shall  be in the manner prescribed in the notice and not subject
   29  to additional penalty or fee. Such notice of impending default  judgment
   30  shall  not  be  required prior to the rendering and entry thereof in the
   31  case of operators or owners who are non-residents of the  state  of  New
   32  York.  In  no  case  shall  a  default  judgment  be  rendered or, where
   33  required, a notice of impending default judgment be sent, more than  two
   34  years after the expiration of the time prescribed for entering a plea or
   35  contesting  an allegation. When a person has demanded a hearing, no fine
   36  or penalty shall be imposed for any reason, prior to the holding of  the
   37  hearing.  If  the  hearing  examiner  shall  make a determination on the
   38  charges, sustaining them, he or she shall impose no greater  penalty  or
   39  fine than those upon which the person was originally charged.
   40    S  7-a. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
   41  law, as amended by section 8-a of chapter 189 of the laws of  2013,  are
   42  amended to read as follows:
   43    1.  The  hearing  examiner  shall make a determination on the charges,
   44  either sustaining or dismissing them. Where the hearing examiner  deter-
   45  mines  that the charges have been sustained he or she may examine either
   46  the prior  parking  violations  record  or  the  record  of  liabilities
   47  incurred  in  accordance  with  sections eleven hundred eleven-b of this
   48  chapter as added by sections sixteen of chapters twenty, twenty-one, and
   49  twenty-two of the laws of  two  thousand  nine  OR  IN  ACCORDANCE  WITH
   50  SECTION  ELEVEN  HUNDRED ELEVEN-D OF THIS CHAPTER of the person charged,
   51  or the record of liabilities incurred in accordance with section  eleven
   52  hundred  eleven-c of this chapter, or the record of liabilities incurred
   53  in accordance with section eleven hundred eighty-b of this  chapter,  as
   54  applicable  prior  to  rendering  a  final determination. Final determi-
   55  nations sustaining or dismissing charges shall be  entered  on  a  final
       A. 8368--B                         14
    1  determination  roll maintained by the bureau together with records show-
    2  ing payment and nonpayment of penalties.
    3    2.  Where  an operator or owner fails to enter a plea to a charge of a
    4  parking violation or contest an allegation of  liability  in  accordance
    5  with  sections  eleven  hundred  eleven-b  of  this  chapter as added by
    6  sections sixteen of chapters twenty, twenty-one, and twenty-two  of  the
    7  laws  of  two thousand nine OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
    8  ELEVEN-D OF THIS CHAPTER, or fails to contest an allegation of liability
    9  in accordance with section eleven hundred eleven-c of this  chapter,  or
   10  fails  to contest an allegation of liability incurred in accordance with
   11  section eleven hundred eighty-b of this chapter, or fails to appear on a
   12  designated hearing date or subsequent adjourned date or  fails  after  a
   13  hearing  to  comply  with  the  determination  of a hearing examiner, as
   14  prescribed by this article or by rule or regulation of the bureau,  such
   15  failure  to  plead,  contest,  appear or comply shall be deemed, for all
   16  purposes, an admission of liability and shall be grounds  for  rendering
   17  and  entering  a default judgment in an amount provided by the rules and
   18  regulations of the bureau. However, after the expiration of the original
   19  date prescribed for entering a plea and before a default judgment may be
   20  rendered, in such case the  bureau  shall  pursuant  to  the  applicable
   21  provisions  of  law notify such operator or owner, by such form of first
   22  class mail as the commission may direct; (1) of the  violation  charged,
   23  or liability in accordance with sections eleven hundred eleven-b of this
   24  chapter,  as  added  by sections sixteen of chapters twenty, twenty-one,
   25  and twenty-two of the laws of two thousand nine OR  IN  ACCORDANCE  WITH
   26  SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, or liability in accord-
   27  ance  with  section eleven hundred eleven-c of this chapter or liability
   28  in accordance with section  eleven  hundred  eighty-b  of  this  chapter
   29  alleged,  (2)  of the impending default judgment, (3) that such judgment
   30  will be entered in the Civil Court of the city in which the  bureau  has
   31  been  established,  or  other  court  of civil jurisdiction or any other
   32  place provided for the entry of civil judgments within the state of  New
   33  York,  and  (4)  that  a  default  may  be avoided by entering a plea or
   34  contesting an allegation of liability in accordance with sections eleven
   35  hundred eleven-b of this chapter as added by sections sixteen  of  chap-
   36  ters twenty, twenty-one, and twenty-two of the laws of two thousand nine
   37  OR  IN  ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER,
   38  or contesting an allegation of  liability  in  accordance  with  section
   39  eleven  hundred  eleven-c of this chapter or contesting an allegation of
   40  liability in accordance with section eleven  hundred  eighty-b  of  this
   41  chapter  as  appropriate,  or making an appearance within thirty days of
   42  the sending of such notice.  Pleas  entered  and  allegations  contested
   43  within  that  period shall be in the manner prescribed in the notice and
   44  not subject to additional penalty  or  fee.  Such  notice  of  impending
   45  default  judgment shall not be required prior to the rendering and entry
   46  thereof in the case of operators or owners who are non-residents of  the
   47  state  of  New York. In no case shall a default judgment be rendered or,
   48  where required, a notice of impending default  judgment  be  sent,  more
   49  than  two years after the expiration of the time prescribed for entering
   50  a plea or contesting an allegation. When a person has demanded  a  hear-
   51  ing,  no  fine  or penalty shall be imposed for any reason, prior to the
   52  holding of the hearing. If the hearing examiner shall  make  a  determi-
   53  nation on the charges, sustaining them, he or she shall impose no great-
   54  er  penalty  or  fine  than  those  upon which the person was originally
   55  charged.
       A. 8368--B                         15
    1    S 7-b. Subdivisions 1 and 2 of section 241 of the vehicle and  traffic
    2  law,  as  amended by section 8-b of chapter 189 of the laws of 2013, are
    3  amended to read as follows:
    4    1.  The  hearing  examiner  shall make a determination on the charges,
    5  either sustaining or dismissing them. Where the hearing examiner  deter-
    6  mines  that  the  charges  have been sustained he or she may examine the
    7  prior parking violations record OR THE RECORD OF LIABILITIES INCURRED IN
    8  ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER  of  the
    9  person charged, or the record of liabilities incurred in accordance with
   10  section  eleven  hundred  eleven-c  of  this  chapter,  or the record of
   11  liabilities incurred in accordance with section eleven hundred  eighty-b
   12  of  this  chapter,  as  applicable,  prior to rendering a final determi-
   13  nation. Final determinations sustaining or dismissing charges  shall  be
   14  entered  on a final determination roll maintained by the bureau together
   15  with records showing payment and nonpayment of penalties.
   16    2. Where an operator or owner fails to enter a plea to a charge  of  a
   17  parking  violation  OR  CONTEST AN ALLEGATION OF LIABILITY IN ACCORDANCE
   18  WITH SECTION ELEVEN HUNDRED  ELEVEN-D  OF  THIS  CHAPTER,  or  fails  to
   19  contest  an  allegation  of  liability in accordance with section eleven
   20  hundred eleven-c of this chapter, or fails to contest an  allegation  of
   21  liability incurred in accordance with section eleven hundred eighty-b of
   22  this  chapter, or fails to appear on a designated hearing date or subse-
   23  quent adjourned date or fails after a hearing to comply with the  deter-
   24  mination of a hearing examiner, as prescribed by this article or by rule
   25  or  regulation  of  the  bureau, such failure to plead, appear or comply
   26  shall be deemed, for all purposes, an admission of liability  and  shall
   27  be  grounds  for  rendering and entering a default judgment in an amount
   28  provided by the rules and regulations of the bureau. However, after  the
   29  expiration  of  the  original  date  prescribed  for entering a plea and
   30  before a default judgment may be rendered, in such case the bureau shall
   31  pursuant to the applicable provisions of law  notify  such  operator  or
   32  owner,  by  such  form of first class mail as the commission may direct;
   33  (1) of the violation charged, OR LIABILITY IN  ACCORDANCE  WITH  SECTION
   34  ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, or alleged liability in accord-
   35  ance  with  section  eleven  hundred eleven-c of this chapter or alleged
   36  liability in accordance with section eleven  hundred  eighty-b  of  this
   37  chapter,  (2)  of the impending default judgment, (3) that such judgment
   38  will be entered in the Civil Court of the city in which the  bureau  has
   39  been  established,  or  other  court  of civil jurisdiction or any other
   40  place provided for the entry of civil judgments within the state of  New
   41  York,  and  (4)  that  a  default  may  be avoided by entering a plea or
   42  CONTESTING AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION  ELEVEN
   43  HUNDRED  ELEVEN-D OF THIS CHAPTER OR contesting an allegation of liabil-
   44  ity in accordance with section eleven hundred eleven-c of  this  chapter
   45  or  contesting  an  allegation  of  liability in accordance with section
   46  eleven hundred eighty-b of this chapter or making an  appearance  within
   47  thirty  days  of  the  sending of such notice. Pleas entered within that
   48  period shall be in the manner prescribed in the notice and  not  subject
   49  to  additional penalty or fee. Such notice of impending default judgment
   50  shall not be required prior to the rendering and entry  thereof  in  the
   51  case  of  operators  or owners who are non-residents of the state of New
   52  York. In no  case  shall  a  default  judgment  be  rendered  or,  where
   53  required,  a notice of impending default judgment be sent, more than two
   54  years after the expiration of the time prescribed for entering  a  plea.
   55  When  a  person  has  demanded  a  hearing,  no fine or penalty shall be
   56  imposed for any reason, prior to the holding  of  the  hearing.  If  the
       A. 8368--B                         16
    1  hearing  examiner  shall make a determination on the charges, sustaining
    2  them, he or she shall impose no greater penalty or fine than those  upon
    3  which the person was originally charged.
    4    S  7-c. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
    5  law, as amended by section 8-c of chapter 189 of the laws of  2013,  are
    6  amended to read as follows:
    7    1.  The  hearing  examiner  shall make a determination on the charges,
    8  either sustaining or dismissing them. Where the hearing examiner  deter-
    9  mines  that the charges have been sustained he OR SHE may examine EITHER
   10  the prior  parking  violations  record  OR  THE  RECORD  OF  LIABILITIES
   11  INCURRED  IN  ACCORDANCE  WITH  SECTION  ELEVEN HUNDRED ELEVEN-D OF THIS
   12  CHAPTER of the person charged, or the record of liabilities incurred  in
   13  accordance  with  section  eleven  hundred  eighty-b of this chapter, as
   14  applicable, prior to rendering a  final  determination.  Final  determi-
   15  nations  sustaining  or  dismissing  charges shall be entered on a final
   16  determination roll maintained by the bureau together with records  show-
   17  ing payment and nonpayment of penalties.
   18    2.  Where  an operator or owner fails to enter a plea to a charge of a
   19  parking violation OR CONTEST AN ALLEGATION OF  LIABILITY  IN  ACCORDANCE
   20  WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER or fails to contest
   21  an  allegation  of  liability incurred in accordance with section eleven
   22  hundred eighty-b of this chapter or fails  to  appear  on  a  designated
   23  hearing  date  or  subsequent adjourned date or fails after a hearing to
   24  comply with the determination of a hearing examiner,  as  prescribed  by
   25  this  article  or  by  rule or regulation of the bureau, such failure to
   26  plead, appear or comply shall be deemed, for all purposes, an  admission
   27  of  liability  and shall be grounds for rendering and entering a default
   28  judgment in an amount provided by  the  rules  and  regulations  of  the
   29  bureau.  However,  after  the expiration of the original date prescribed
   30  for entering a plea and before a default judgment may  be  rendered,  in
   31  such  case the bureau shall pursuant to the applicable provisions of law
   32  notify such operator or owner, by such form of first class mail  as  the
   33  commission  may  direct;  (1)  of  the violation charged OR LIABILITY IN
   34  ACCORDANCE WITH SECTION ELEVEN  HUNDRED  ELEVEN-D  OF  THIS  CHAPTER  or
   35  liability  in  accordance  with  section eleven hundred eighty-b of this
   36  chapter alleged, (2) of the impending default judgment,  (3)  that  such
   37  judgment  will  be  entered  in the Civil Court of the city in which the
   38  bureau has been established, or other court of civil jurisdiction or any
   39  other place provided for the entry of civil judgments within  the  state
   40  of New York, and (4) that a default may be avoided by entering a plea or
   41  CONTESTING  AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN
   42  HUNDRED ELEVEN-D OF THIS CHAPTER OR contesting an allegation of  liabil-
   43  ity  in  accordance with section eleven hundred eighty-b of this chapter
   44  or making an appearance within  thirty  days  of  the  sending  of  such
   45  notice.    Pleas  entered  within  that  period  shall  be in the manner
   46  prescribed in the notice and not subject to additional penalty  or  fee.
   47  Such notice of impending default judgment shall not be required prior to
   48  the  rendering  and entry thereof in the case of operators or owners who
   49  are non-residents of the state of New York. In no case shall  a  default
   50  judgment  be  rendered or, where required, a notice of impending default
   51  judgment be sent, more than two years after the expiration of  the  time
   52  prescribed for entering a plea. When a person has demanded a hearing, no
   53  fine or penalty shall be imposed for any reason, prior to the holding of
   54  the  hearing.  If the hearing examiner shall make a determination on the
   55  charges, sustaining them, he shall impose no  greater  penalty  or  fine
   56  than those upon which the person was originally charged.
       A. 8368--B                         17
    1    S  7-d. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
    2  law, subdivision 1 as added by chapter 715  of  the  laws  of  1972  and
    3  subdivision 2 as amended by chapter 365 of the laws of 1978, are amended
    4  to read as follows:
    5    1.  The  hearing  examiner  shall make a determination on the charges,
    6  either sustaining or dismissing them. Where the hearing examiner  deter-
    7  mines  that the charges have been sustained he OR SHE may examine EITHER
    8  the prior  parking  violations  record  OR  THE  RECORD  OF  LIABILITIES
    9  INCURRED  IN  ACCORDANCE  WITH  SECTION  ELEVEN HUNDRED ELEVEN-D OF THIS
   10  CHAPTER of the person charged, AS APPLICABLE, prior to rendering a final
   11  determination. Final determinations  sustaining  or  dismissing  charges
   12  shall  be entered on a final determination roll maintained by the bureau
   13  together with records showing payment and nonpayment of penalties.
   14    2. Where an operator or owner fails to enter a plea to a charge  of  a
   15  parking  violation  OR  CONTEST AN ALLEGATION OF LIABILITY IN ACCORDANCE
   16  WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER or fails to  appear
   17  on a designated hearing date or subsequent adjourned date or fails after
   18  a  hearing  to  comply  with the determination of a hearing examiner, as
   19  prescribed by this article or by rule or regulation of the bureau,  such
   20  failure to plead, appear or comply shall be deemed, for all purposes, an
   21  admission of liability and shall be grounds for rendering and entering a
   22  default  judgment  in an amount provided by the rules and regulations of
   23  the  bureau.  However,  after  the  expiration  of  the  original   date
   24  prescribed  for  entering  a  plea  and before a default judgment may be
   25  rendered, in such case the  bureau  shall  pursuant  to  the  applicable
   26  provisions  of  law notify such operator or owner, by such form of first
   27  class mail as the commission may direct; (1) of the violation charged OR
   28  LIABILITY IN ACCORDANCE WITH SECTION ELEVEN  HUNDRED  ELEVEN-D  OF  THIS
   29  CHAPTER  ALLEGED,  (2)  of the impending default judgment, (3) that such
   30  judgment will be entered in the Civil Court of the  city  in  which  the
   31  bureau has been established, or other court of civil jurisdiction or any
   32  other  place  provided for the entry of civil judgments within the state
   33  of New York, and (4) that a default may be avoided by entering a plea OR
   34  CONTESTING AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION  ELEVEN
   35  HUNDRED  ELEVEN-D  OF THIS CHAPTER or making an appearance within thirty
   36  days of the sending of such notice. Pleas  entered  within  that  period
   37  shall be in the manner prescribed in the notice and not subject to addi-
   38  tional  penalty  or fee. Such notice of impending default judgment shall
   39  not be required prior to the rendering and entry thereof in the case  of
   40  operators  or  owners who are non-residents of the state of New York. In
   41  no case shall a default judgment  be  rendered  or,  where  required,  a
   42  notice  of impending default judgment be sent, more than two years after
   43  the expiration of the time prescribed for entering a plea. When a person
   44  has demanded a hearing, no fine or penalty  shall  be  imposed  for  any
   45  reason,  prior  to  the  holding of the hearing. If the hearing examiner
   46  shall make a determination on the charges,  sustaining  them,  he  shall
   47  impose  no  greater penalty or fine than those upon which the person was
   48  originally charged.
   49    S 8. Subparagraph (i) of paragraph a of subdivision 5-a of section 401
   50  of the vehicle and traffic law, as amended by section 9 of  chapter  189
   51  of the laws of 2013, is amended to read as follows:
   52    (i) If at the time of application for a registration or renewal there-
   53  of  there  is  a  certification from a court, parking violations bureau,
   54  traffic and parking violations  agency  or  administrative  tribunal  of
   55  appropriate  jurisdiction  or  administrative  tribunal  of  appropriate
   56  jurisdiction that the registrant or his or her representative failed  to
       A. 8368--B                         18
    1  appear  on the return date or any subsequent adjourned date or failed to
    2  comply with the rules and  regulations  of  an  administrative  tribunal
    3  following  entry  of a final decision in response to a total of three or
    4  more summonses or other process in the aggregate, issued within an eigh-
    5  teen  month  period,  charging  either  that: (i) such motor vehicle was
    6  parked, stopped or standing, or that such motor vehicle was operated for
    7  hire by the registrant or his or her agent without being licensed  as  a
    8  motor  vehicle for hire by the appropriate local authority, in violation
    9  of any of the provisions of this chapter or of any law, ordinance,  rule
   10  or  regulation  made  by  a  local authority; or (ii) the registrant was
   11  liable in accordance with section eleven hundred eleven-a [of this chap-
   12  ter or], section eleven  hundred  eleven-b  OR  SECTION  ELEVEN  HUNDRED
   13  ELEVEN-D  of  this chapter for a violation of subdivision (d) of section
   14  eleven hundred eleven of this  chapter;  or  (iii)  the  registrant  was
   15  liable  in accordance with section eleven hundred eleven-c of this chap-
   16  ter for a violation of  a  bus  lane  restriction  as  defined  in  such
   17  section,  or  (iv)  the registrant was liable in accordance with section
   18  eleven hundred eighty-b of this chapter for a violation  of  subdivision
   19  (c) or (d) of section eleven hundred eighty of this chapter, the commis-
   20  sioner or his or her agent shall deny the registration or renewal appli-
   21  cation  until  the  applicant provides proof from the court, traffic and
   22  parking violations agency or administrative tribunal wherein the charges
   23  are pending that an appearance or answer has been made or in the case of
   24  an administrative tribunal that he or she has complied  with  the  rules
   25  and  regulations  of  said tribunal following entry of a final decision.
   26  Where an application is denied pursuant to this section, the commission-
   27  er may, in his or her discretion, deny a registration or renewal  appli-
   28  cation to any other person for the same vehicle and may deny a registra-
   29  tion  or  renewal  application for any other motor vehicle registered in
   30  the name of the applicant where the  commissioner  has  determined  that
   31  such registrant's intent has been to evade the purposes of this subdivi-
   32  sion  and  where the commissioner has reasonable grounds to believe that
   33  such registration or renewal will  have  the  effect  of  defeating  the
   34  purposes of this subdivision. Such denial shall only remain in effect as
   35  long  as  the summonses remain unanswered, or in the case of an adminis-
   36  trative tribunal, the registrant fails to  comply  with  the  rules  and
   37  regulations following entry of a final decision.
   38    S  8-a.   Paragraph a of subdivision 5-a of section 401 of the vehicle
   39  and traffic law, as amended by section 9-a of chapter 189 of the laws of
   40  2013, is amended to read as follows:
   41    a. If at the time of application for a registration or renewal thereof
   42  there is a certification from a  court  or  administrative  tribunal  of
   43  appropriate  jurisdiction  that  the  registrant or his or her represen-
   44  tative failed to appear on the return date or any  subsequent  adjourned
   45  date  or  failed to comply with the rules and regulations of an adminis-
   46  trative tribunal following entry of a final decision in  response  to  a
   47  total  of  three  or  more  summonses or other process in the aggregate,
   48  issued within an eighteen month period, charging either that:  (i)  such
   49  motor  vehicle was parked, stopped or standing, or that such motor vehi-
   50  cle was operated for hire by the registrant or his or her agent  without
   51  being  licensed  as  a  motor  vehicle for hire by the appropriate local
   52  authority, in violation of any of the provisions of this chapter  or  of
   53  any  law,  ordinance,  rule  or regulation made by a local authority; or
   54  (ii) the registrant was liable in accordance with section eleven hundred
   55  eleven-b of this chapter for a violation of subdivision (d)  of  section
   56  eleven  hundred  eleven  of  this  chapter;  or (iii) the registrant was
       A. 8368--B                         19
    1  liable in accordance with section eleven hundred eleven-c of this  chap-
    2  ter  for  a  violation  of  a  bus  lane  restriction as defined in such
    3  section; OR (IV) THE REGISTRANT WAS LIABLE IN  ACCORDANCE  WITH  SECTION
    4  ELEVEN  HUNDRED  ELEVEN-D OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION
    5  (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER or [(iv)]  (V)  the
    6  registrant was liable in accordance with section eleven hundred eighty-b
    7  of this chapter for a violation of subdivision (b), (c), (d), (f) or (g)
    8  of  section  eleven  hundred eighty of this chapter, the commissioner or
    9  his or her agent shall deny  the  registration  or  renewal  application
   10  until  the  applicant  provides  proof  from the court or administrative
   11  tribunal wherein the charges are pending that an  appearance  or  answer
   12  has  been  made  or in the case of an administrative tribunal that he or
   13  she has complied with the rules and regulations of said tribunal follow-
   14  ing entry of a final decision. Where an application is  denied  pursuant
   15  to  this section, the commissioner may, in his or her discretion, deny a
   16  registration or renewal application to any other  person  for  the  same
   17  vehicle and may deny a registration or renewal application for any other
   18  motor  vehicle registered in the name of the applicant where the commis-
   19  sioner has determined that such registrant's intent has  been  to  evade
   20  the  purposes of this subdivision and where the commissioner has reason-
   21  able grounds to believe that such registration or renewal will have  the
   22  effect  of defeating the purposes of this subdivision. Such denial shall
   23  only remain in effect as long as the summonses remain unanswered, or  in
   24  the  case  of an administrative tribunal, the registrant fails to comply
   25  with the rules and regulations following entry of a final decision.
   26    S 8-b.  Paragraph a of subdivision 5-a of section 401 of  the  vehicle
   27  and traffic law, as amended by section 9-b of chapter 189 of the laws of
   28  2013, is amended to read as follows:
   29    a. If at the time of application for a registration or renewal thereof
   30  there  is  a  certification  from  a court or administrative tribunal of
   31  appropriate jurisdiction that the registrant or  his  or  her  represen-
   32  tative  failed  to appear on the return date or any subsequent adjourned
   33  date or failed to comply with the rules and regulations of  an  adminis-
   34  trative  tribunal  following  entry  of  a final decision in response to
   35  three or more summonses or other  process,  issued  within  an  eighteen
   36  month  period, charging that: (I) such motor vehicle was parked, stopped
   37  or standing, or that such motor vehicle was operated  for  hire  by  the
   38  registrant or his or her agent without being licensed as a motor vehicle
   39  for  hire by the appropriate local authority, in violation of any of the
   40  provisions of this chapter or of any law, ordinance, rule or  regulation
   41  made  by a local authority; or (II) the registrant was liable in accord-
   42  ance with  section  eleven  hundred  eleven-c  of  this  chapter  for  a
   43  violation  of  a  bus lane restriction as defined in such section[,]; OR
   44  (III) THE REGISTRANT  WAS  LIABLE  IN  ACCORDANCE  WITH  SECTION  ELEVEN
   45  HUNDRED  ELEVEN-D  OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (D) OF
   46  SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER; or  (IV)  the  registrant
   47  was  liable  in  accordance with section eleven hundred eighty-b of this
   48  chapter for a violation of subdivision (b), (c),  (d),  (f)  or  (g)  of
   49  section  eleven  hundred eighty of this chapter, the commissioner or his
   50  or her agent shall deny the registration or  renewal  application  until
   51  the  applicant  provides proof from the court or administrative tribunal
   52  wherein the charges are pending that an appearance or  answer  has  been
   53  made  or  in  the  case of an administrative tribunal that he or she has
   54  complied with the rules and regulations of said tribunal following entry
   55  of a final decision. Where an application is  denied  pursuant  to  this
   56  section,  the  commissioner may, in his or her discretion, deny a regis-
       A. 8368--B                         20
    1  tration or renewal application to any other person for the same  vehicle
    2  and  may  deny a registration or renewal application for any other motor
    3  vehicle registered in the name of the applicant where  the  commissioner
    4  has  determined  that  such  registrant's  intent  has been to evade the
    5  purposes of this subdivision and where the commissioner  has  reasonable
    6  grounds  to  believe  that  such  registration  or renewal will have the
    7  effect of defeating the purposes of this subdivision. Such denial  shall
    8  only  remain in effect as long as the summonses remain unanswered, or in
    9  the case of an administrative tribunal, the registrant fails  to  comply
   10  with the rules and regulations following entry of a final decision.
   11    S  8-c.   Paragraph a of subdivision 5-a of section 401 of the vehicle
   12  and traffic law, as amended by section 9-c of chapter 189 of the laws of
   13  2013, is amended to read as follows:
   14    a. If at the time of application for a registration or renewal thereof
   15  there is a certification from a  court  or  administrative  tribunal  of
   16  appropriate  jurisdiction  that  the  registrant  or  his representative
   17  failed to appear on the return date or any subsequent adjourned date  or
   18  failed  to  comply  with  the rules and regulations of an administrative
   19  tribunal following entry of a final decision in  response  to  three  or
   20  more summonses or other process, issued within an eighteen month period,
   21  charging  that:  (I) such motor vehicle was parked, stopped or standing,
   22  or that such motor vehicle was operated for hire by  the  registrant  or
   23  his  agent  without  being  licensed  as a motor vehicle for hire by the
   24  appropriate local authority, in violation of any of  the  provisions  of
   25  this  chapter  or  of  any  law, ordinance, rule or regulation made by a
   26  local authority[,]; OR (II) THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH
   27  SECTION ELEVEN HUNDRED ELEVEN-D OF  THIS  CHAPTER  FOR  A  VIOLATION  OF
   28  SUBDIVISION  (D)  OF  SECTION  ELEVEN HUNDRED ELEVEN OF THIS CHAPTER; or
   29  (III) the registrant  was  liable  in  accordance  with  section  eleven
   30  hundred eighty-b of this chapter for violations of subdivision (b), (c),
   31  (d),  (f)  or  (g) of section eleven hundred eighty of this chapter, the
   32  commissioner or his agent shall deny the registration or renewal  appli-
   33  cation  until the applicant provides proof from the court or administra-
   34  tive tribunal wherein the charges are  pending  that  an  appearance  or
   35  answer  has  been made or in the case of an administrative tribunal that
   36  he has complied with the rules and regulations of said tribunal  follow-
   37  ing  entry  of a final decision. Where an application is denied pursuant
   38  to this section, the commissioner may, in his discretion, deny a  regis-
   39  tration  or renewal application to any other person for the same vehicle
   40  and may deny a registration or renewal application for any  other  motor
   41  vehicle  registered  in the name of the applicant where the commissioner
   42  has determined that such registrant's  intent  has  been  to  evade  the
   43  purposes  of  this subdivision and where the commissioner has reasonable
   44  grounds to believe that such  registration  or  renewal  will  have  the
   45  effect  of defeating the purposes of this subdivision. Such denial shall
   46  only remain in effect as long as the summonses remain unanswered, or  in
   47  the  case  of an administrative tribunal, the registrant fails to comply
   48  with the rules and regulations following entry of a final decision.
   49    S 8-d.  Paragraph a of subdivision 5-a of section 401 of  the  vehicle
   50  and  traffic  law,  as separately amended by chapters 339 and 592 of the
   51  laws of 1987, is amended to read as follows:
   52    a. If at the time of application for a registration or renewal thereof
   53  there is a certification from a  court  or  administrative  tribunal  of
   54  appropriate  jurisdiction  that  the  registrant  or  his representative
   55  failed to appear on the return date or any subsequent adjourned date  or
   56  failed  to  comply  with  the rules and regulations of an administrative
       A. 8368--B                         21
    1  tribunal following entry of a final decision in  response  to  three  or
    2  more summonses or other process, issued within an eighteen month period,
    3  charging  that  such  motor  vehicle was parked, stopped or standing, or
    4  that  such  motor vehicle was operated for hire by the registrant or his
    5  agent without being licensed as a motor vehicle for hire by  the  appro-
    6  priate  local  authority,  in violation of any of the provisions of this
    7  chapter or of any law, ordinance, rule or regulation  made  by  a  local
    8  authority, OR THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION ELEV-
    9  EN  HUNDRED  ELEVEN-D OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (D)
   10  OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER,  the  commissioner  or
   11  his  agent  shall deny the registration or renewal application until the
   12  applicant provides proof from the court or administrative tribunal wher-
   13  ein the charges are pending that an appearance or answer has  been  made
   14  or  in  the case of an administrative tribunal that he has complied with
   15  the rules and regulations of said tribunal following entry  of  a  final
   16  decision.  Where  an application is denied pursuant to this section, the
   17  commissioner may, in his discretion,  deny  a  registration  or  renewal
   18  application  to  any  other  person  for the same vehicle and may deny a
   19  registration or renewal application for any other motor  vehicle  regis-
   20  tered in the name of the applicant where the commissioner has determined
   21  that  such  registrant's  intent  has been to evade the purposes of this
   22  subdivision and where the commissioner has reasonable grounds to believe
   23  that such registration or renewal will have the effect of defeating  the
   24  purposes of this subdivision. Such denial shall only remain in effect as
   25  long  as  the summonses remain unanswered, or in the case of an adminis-
   26  trative tribunal, the registrant fails to  comply  with  the  rules  and
   27  regulations following entry of a final decision.
   28    S  9.  The  vehicle and traffic law is amended by adding a new section
   29  1111-d to read as follows:
   30    S 1111-D. OWNER LIABILITY FOR  FAILURE  OF  OPERATOR  TO  COMPLY  WITH
   31  TRAFFIC-CONTROL INDICATIONS. (A) 1.  NOTWITHSTANDING ANY OTHER PROVISION
   32  OF  LAW,  THE  CITY  OF MT. VERNON IS HEREBY AUTHORIZED AND EMPOWERED TO
   33  ADOPT AND AMEND A LOCAL LAW OR ORDINANCE  ESTABLISHING  A  DEMONSTRATION
   34  PROGRAM  IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAIL-
   35  URE OF AN OPERATOR THEREOF TO COMPLY WITH TRAFFIC-CONTROL INDICATIONS IN
   36  SUCH CITY IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. SUCH DEMON-
   37  STRATION PROGRAM SHALL EMPOWER SUCH CITY TO INSTALL AND  OPERATE  TRAFF-
   38  IC-CONTROL  SIGNAL  PHOTO  VIOLATION-MONITORING  DEVICES AT NO MORE THAN
   39  TWELVE INTERSECTIONS WITHIN SUCH CITY AT ANY ONE TIME.
   40    2. SUCH DEMONSTRATION PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES  TO
   41  ENSURE,  TO  THE  EXTENT  PRACTICABLE, THAT PHOTOGRAPHS PRODUCED BY SUCH
   42  TRAFFIC-CONTROL SIGNAL  PHOTO  VIOLATION-MONITORING  SYSTEMS  SHALL  NOT
   43  INCLUDE IMAGES THAT IDENTIFY THE DRIVER, THE PASSENGERS, OR THE CONTENTS
   44  OF  THE  VEHICLE.  PROVIDED, HOWEVER, THAT NO NOTICE OF LIABILITY ISSUED
   45  PURSUANT TO THIS SECTION SHALL BE DISMISSED SOLELY BECAUSE A  PHOTOGRAPH
   46  OR  PHOTOGRAPHS  ALLOW FOR THE IDENTIFICATION OF THE CONTENTS OF A VEHI-
   47  CLE, PROVIDED THAT SUCH CITY HAS MADE A REASONABLE EFFORT TO COMPLY WITH
   48  THE PROVISIONS OF THIS PARAGRAPH.
   49    (B) IN ANY SUCH CITY WHICH HAS ADOPTED A LOCAL LAW OR ORDINANCE PURSU-
   50  ANT TO SUBDIVISION (A) OF THIS SECTION, THE OWNER OF A VEHICLE SHALL  BE
   51  LIABLE  FOR  A  PENALTY IMPOSED PURSUANT TO THIS SECTION IF SUCH VEHICLE
   52  WAS USED OR OPERATED WITH  THE  PERMISSION  OF  THE  OWNER,  EXPRESS  OR
   53  IMPLIED, IN VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEV-
   54  EN  OF  THIS  ARTICLE,  AND  SUCH  VIOLATION IS EVIDENCED BY INFORMATION
   55  OBTAINED  FROM  A  TRAFFIC-CONTROL  SIGNAL  PHOTO   VIOLATION-MONITORING
   56  SYSTEM;  PROVIDED HOWEVER THAT NO OWNER OF A VEHICLE SHALL BE LIABLE FOR
       A. 8368--B                         22
    1  A PENALTY IMPOSED PURSUANT TO THIS SECTION WHERE THE  OPERATOR  OF  SUCH
    2  VEHICLE  HAS  BEEN  CONVICTED OF THE UNDERLYING VIOLATION OF SUBDIVISION
    3  (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE.
    4    (C)  FOR  PURPOSES  OF  THIS  SECTION,  "OWNER" SHALL HAVE THE MEANING
    5  PROVIDED IN ARTICLE TWO-B OF THIS CHAPTER. FOR PURPOSES OF THIS SECTION,
    6  "TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING SYSTEM" SHALL MEAN  A
    7  VEHICLE  SENSOR  INSTALLED TO WORK IN CONJUNCTION WITH A TRAFFIC-CONTROL
    8  SIGNAL WHICH AUTOMATICALLY PRODUCES TWO OR MORE PHOTOGRAPHS, TWO OR MORE
    9  MICROPHOTOGRAPHS, A VIDEOTAPE OR OTHER RECORDED IMAGES OF  EACH  VEHICLE
   10  AT  THE  TIME  IT IS USED OR OPERATED IN VIOLATION OF SUBDIVISION (D) OF
   11  SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE.
   12    (D) A CERTIFICATE, SWORN TO OR AFFIRMED BY A  TECHNICIAN  EMPLOYED  BY
   13  THE  CITY  OF  MT.  VERNON IN WHICH THE CHARGED VIOLATION OCCURRED, OR A
   14  FACSIMILE THEREOF, BASED UPON  INSPECTION  OF  PHOTOGRAPHS,  MICROPHOTO-
   15  GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY A TRAFFIC-CONTROL
   16  SIGNAL  PHOTO VIOLATION-MONITORING SYSTEM, SHALL BE PRIMA FACIE EVIDENCE
   17  OF THE FACTS CONTAINED THEREIN. ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDE-
   18  OTAPE OR OTHER RECORDED IMAGES EVIDENCING  SUCH  A  VIOLATION  SHALL  BE
   19  AVAILABLE  FOR  INSPECTION IN ANY PROCEEDING TO ADJUDICATE THE LIABILITY
   20  FOR SUCH VIOLATION PURSUANT TO A LOCAL LAW OR ORDINANCE ADOPTED PURSUANT
   21  TO THIS SECTION.
   22    (E) AN OWNER LIABLE FOR A VIOLATION  OF  SUBDIVISION  (D)  OF  SECTION
   23  ELEVEN  HUNDRED  ELEVEN OF THIS ARTICLE PURSUANT TO A LOCAL LAW OR ORDI-
   24  NANCE ADOPTED PURSUANT TO THIS SECTION  SHALL  BE  LIABLE  FOR  MONETARY
   25  PENALTIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND PENALTIES TO BE SET
   26  FORTH  IN SUCH LOCAL LAW OR ORDINANCE, EXCEPT THAT IF SUCH CITY BY LOCAL
   27  LAW HAS AUTHORIZED THE ADJUDICATION OF SUCH OWNER LIABILITY BY A PARKING
   28  VIOLATIONS BUREAU, SUCH SCHEDULE SHALL BE PROMULGATED  BY  SUCH  BUREAU.
   29  THE  LIABILITY  OF  THE  OWNER PURSUANT TO THIS SECTION SHALL NOT EXCEED
   30  FIFTY DOLLARS FOR EACH VIOLATION; PROVIDED, HOWEVER, THAT SUCH LOCAL LAW
   31  OR ORDINANCE MAY PROVIDE FOR AN ADDITIONAL  PENALTY  NOT  IN  EXCESS  OF
   32  TWENTY-FIVE  DOLLARS  FOR EACH VIOLATION FOR THE FAILURE TO RESPOND TO A
   33  NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME PERIOD.
   34    (F) AN IMPOSITION OF LIABILITY UNDER A LOCAL LAW OR ORDINANCE  ADOPTED
   35  PURSUANT TO THIS SECTION SHALL NOT BE DEEMED A CONVICTION AS AN OPERATOR
   36  AND  SHALL  NOT  BE MADE PART OF THE OPERATING RECORD OF THE PERSON UPON
   37  WHOM SUCH LIABILITY IS IMPOSED  NOR  SHALL  IT  BE  USED  FOR  INSURANCE
   38  PURPOSES IN THE PROVISION OF MOTOR VEHICLE INSURANCE COVERAGE.
   39    (G) 1. A NOTICE OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL TO EACH
   40  PERSON  ALLEGED  TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION
   41  (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE  PURSUANT  TO  THIS
   42  SECTION.  PERSONAL DELIVERY ON THE OWNER SHALL NOT BE REQUIRED. A MANUAL
   43  OR AUTOMATIC RECORD OF MAILING PREPARED IN THE ORDINARY COURSE OF  BUSI-
   44  NESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN.
   45    2.  A  NOTICE  OF  LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE
   46  PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION  OF  SUBDIVISION
   47  (D)  OF  SECTION  ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO THIS
   48  SECTION, THE  REGISTRATION  NUMBER  OF  THE  VEHICLE  INVOLVED  IN  SUCH
   49  VIOLATION,  THE  LOCATION  WHERE SUCH VIOLATION TOOK PLACE, THE DATE AND
   50  TIME OF SUCH VIOLATION AND THE IDENTIFICATION NUMBER OF THE CAMERA WHICH
   51  RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER.
   52    3. THE NOTICE OF LIABILITY  SHALL  CONTAIN  INFORMATION  ADVISING  THE
   53  PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE OR SHE MAY CONTEST
   54  THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO
   55  CONTAIN  A WARNING TO ADVISE THE PERSONS CHARGED THAT FAILURE TO CONTEST
       A. 8368--B                         23
    1  IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF  LIABIL-
    2  ITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
    3    4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE CITY OF
    4  MT.  VERNON,  OR  BY ANY OTHER ENTITY AUTHORIZED BY SUCH CITY TO PREPARE
    5  AND MAIL SUCH NOTIFICATION OF VIOLATION.
    6    (H) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS  SECTION
    7  SHALL  BE BY A TRAFFIC VIOLATIONS BUREAU ESTABLISHED PURSUANT TO SECTION
    8  THREE HUNDRED SEVENTY OF THE GENERAL MUNICIPAL LAW OR, IF THERE BE NONE,
    9  BY THE COURT HAVING JURISDICTION OVER TRAFFIC INFRACTIONS,  EXCEPT  THAT
   10  IF  SUCH  CITY  HAS  ESTABLISHED  AN ADMINISTRATIVE TRIBUNAL TO HEAR AND
   11  DETERMINE COMPLAINTS OF TRAFFIC INFRACTIONS CONSTITUTING PARKING, STAND-
   12  ING OR STOPPING VIOLATIONS SUCH CITY MAY, BY LOCAL LAW,  AUTHORIZE  SUCH
   13  ADJUDICATION BY SUCH TRIBUNAL.
   14    (I)  IF  AN  OWNER  RECEIVES  A  NOTICE  OF LIABILITY PURSUANT TO THIS
   15  SECTION FOR ANY TIME PERIOD DURING WHICH THE VEHICLE WAS REPORTED TO THE
   16  POLICE DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE A VALID DEFENSE  TO
   17  AN ALLEGATION OF LIABILITY FOR A VIOLATION OF SUBDIVISION (D) OF SECTION
   18  ELEVEN  HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO THIS SECTION THAT THE
   19  VEHICLE HAD BEEN REPORTED TO THE POLICE AS STOLEN PRIOR TO THE TIME  THE
   20  VIOLATION OCCURRED AND HAD NOT BEEN RECOVERED BY SUCH TIME. FOR PURPOSES
   21  OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION IT SHALL BE SUFFI-
   22  CIENT  THAT  A CERTIFIED COPY OF THE POLICE REPORT ON THE STOLEN VEHICLE
   23  BE SENT BY FIRST CLASS MAIL TO  THE  TRAFFIC  VIOLATIONS  BUREAU,  COURT
   24  HAVING JURISDICTION OR PARKING VIOLATIONS BUREAU.
   25    (J)  1.  IN SUCH CITY WHERE THE ADJUDICATION OF LIABILITY IMPOSED UPON
   26  OWNERS PURSUANT TO THIS SECTION IS BY A TRAFFIC VIOLATIONS BUREAU  OR  A
   27  COURT  HAVING  JURISDICTION,  AN  OWNER  WHO IS A LESSOR OF A VEHICLE TO
   28  WHICH A NOTICE OF LIABILITY WAS ISSUED PURSUANT TO  SUBDIVISION  (G)  OF
   29  THIS SECTION SHALL NOT BE LIABLE FOR THE VIOLATION OF SUBDIVISION (D) OF
   30  SECTION  ELEVEN  HUNDRED ELEVEN OF THIS ARTICLE, PROVIDED THAT HE OR SHE
   31  SENDS TO THE TRAFFIC VIOLATIONS BUREAU OR COURT  HAVING  JURISDICTION  A
   32  COPY  OF THE RENTAL, LEASE OR OTHER SUCH CONTRACT DOCUMENT COVERING SUCH
   33  VEHICLE ON THE DATE OF THE VIOLATION, WITH THE NAME AND ADDRESS  OF  THE
   34  LESSEE  CLEARLY LEGIBLE, WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE
   35  FROM THE BUREAU OR COURT OF THE DATE AND TIME OF SUCH VIOLATION, TOGETH-
   36  ER WITH THE OTHER  INFORMATION  CONTAINED  IN  THE  ORIGINAL  NOTICE  OF
   37  LIABILITY. FAILURE TO SEND SUCH INFORMATION WITHIN SUCH THIRTY-SEVEN DAY
   38  TIME  PERIOD SHALL RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED BY
   39  THIS SECTION. WHERE THE LESSOR COMPLIES  WITH  THE  PROVISIONS  OF  THIS
   40  PARAGRAPH,  THE  LESSEE  OF  SUCH  VEHICLE ON THE DATE OF SUCH VIOLATION
   41  SHALL BE DEEMED TO BE THE OWNER OF SUCH VEHICLE  FOR  PURPOSES  OF  THIS
   42  SECTION,  SHALL BE SUBJECT TO LIABILITY FOR THE VIOLATION OF SUBDIVISION
   43  (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE  PURSUANT  TO  THIS
   44  SECTION  AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION
   45  (G) OF THIS SECTION.
   46    2. (I) IN SUCH CITY WHICH, BY LOCAL LAW, HAS  AUTHORIZED  THE  ADJUDI-
   47  CATION  OF  LIABILITY  IMPOSED  UPON OWNERS BY THIS SECTION BY A PARKING
   48  VIOLATIONS BUREAU, AN OWNER WHO IS A LESSOR OF  A  VEHICLE  TO  WHICH  A
   49  NOTICE  OF  LIABILITY  WAS  ISSUED  PURSUANT  TO SUBDIVISION (G) OF THIS
   50  SECTION SHALL NOT BE LIABLE FOR THE  VIOLATION  OF  SUBDIVISION  (D)  OF
   51  SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE, PROVIDED THAT:
   52    (A)  PRIOR  TO  THE VIOLATION, THE LESSOR HAS FILED WITH THE BUREAU IN
   53  ACCORDANCE WITH THE PROVISIONS OF SECTION  TWO  HUNDRED  THIRTY-NINE  OF
   54  THIS CHAPTER; AND
   55    (B) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE BUREAU OF
   56  THE  DATE  AND  TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFORMATION
       A. 8368--B                         24
    1  CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY, THE LESSOR SUBMITS TO THE
    2  BUREAU THE CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE IDENTI-
    3  FIED IN THE NOTICE OF LIABILITY AT THE TIME OF SUCH VIOLATION,  TOGETHER
    4  WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL, LEASE OR
    5  OTHER  CONTRACT  DOCUMENT,  AS  MAY BE REASONABLY REQUIRED BY THE BUREAU
    6  PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE.
    7    (II) FAILURE TO COMPLY WITH CLAUSE (B) OF  SUBPARAGRAPH  (I)  OF  THIS
    8  PARAGRAPH  SHALL  RENDER  THE OWNER LIABLE FOR THE PENALTY PRESCRIBED IN
    9  THIS SECTION.
   10    (III) WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF THIS PARAGRAPH,
   11  THE LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH VIOLATION SHALL BE DEEMED
   12  TO BE THE OWNER OF SUCH VEHICLE FOR PURPOSES OF THIS SECTION,  SHALL  BE
   13  SUBJECT  TO  LIABILITY  FOR  SUCH VIOLATION PURSUANT TO THIS SECTION AND
   14  SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (G) OF  THIS
   15  SECTION.
   16    (K)  1.  IF  THE  OWNER  LIABLE  FOR A VIOLATION OF SUBDIVISION (D) OF
   17  SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO  THIS  SECTION
   18  WAS  NOT  THE  OPERATOR OF THE VEHICLE AT THE TIME OF THE VIOLATION, THE
   19  OWNER MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR.
   20    2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO OWNER OF  A
   21  VEHICLE  SHALL  BE  SUBJECT  TO A MONETARY FINE IMPOSED PURSUANT TO THIS
   22  SECTION IF THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH-
   23  OUT THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR FAILED TO OBEY  A
   24  TRAFFIC-CONTROL INDICATION. FOR PURPOSES OF THIS SUBDIVISION THERE SHALL
   25  BE  A  PRESUMPTION  THAT THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH
   26  VEHICLE WITH THE CONSENT OF THE OWNER AT THE TIME SUCH  OPERATOR  FAILED
   27  TO OBEY A TRAFFIC-CONTROL INDICATION.
   28    (L)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
   29  OF AN OPERATOR OF A VEHICLE FOR ANY  VIOLATION  OF  SUBDIVISION  (D)  OF
   30  SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE.
   31    (M)  IN ANY SUCH CITY WHICH ADOPTS A DEMONSTRATION PROGRAM PURSUANT TO
   32  SUBDIVISION (A) OF THIS SECTION, SUCH CITY SHALL SUBMIT AN ANNUAL REPORT
   33  ON  THE  RESULTS  OF  THE  USE  OF  A   TRAFFIC-CONTROL   SIGNAL   PHOTO
   34  VIOLATION-MONITORING  SYSTEM TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF
   35  THE SENATE AND THE SPEAKER OF THE ASSEMBLY ON OR BEFORE JUNE FIRST,  TWO
   36  THOUSAND  FIFTEEN  AND ON THE SAME DATE IN EACH SUCCEEDING YEAR IN WHICH
   37  THE DEMONSTRATION PROGRAM IS OPERABLE. SUCH REPORT  SHALL  INCLUDE,  BUT
   38  NOT BE LIMITED TO:
   39    1.  A  DESCRIPTION OF THE LOCATIONS WHERE TRAFFIC-CONTROL SIGNAL PHOTO
   40  VIOLATION-MONITORING SYSTEMS WERE USED;
   41    2. THE AGGREGATE NUMBER, TYPE AND SEVERITY OF  ACCIDENTS  REPORTED  AT
   42  INTERSECTIONS  WHERE A TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING
   43  SYSTEM IS USED FOR THE YEAR PRECEDING THE INSTALLATION OF  SUCH  SYSTEM,
   44  TO  THE  EXTENT THE INFORMATION IS MAINTAINED BY THE DEPARTMENT OF MOTOR
   45  VEHICLES OF THIS STATE;
   46    3. THE AGGREGATE NUMBER, TYPE AND SEVERITY OF  ACCIDENTS  REPORTED  AT
   47  INTERSECTIONS  WHERE A TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING
   48  SYSTEM IS USED, TO THE EXTENT  THE  INFORMATION  IS  MAINTAINED  BY  THE
   49  DEPARTMENT OF MOTOR VEHICLES OF THIS STATE;
   50    4.  THE  NUMBER  OF  VIOLATIONS  RECORDED AT EACH INTERSECTION WHERE A
   51  TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING SYSTEM IS USED AND  IN
   52  THE AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS;
   53    5.  THE  TOTAL  NUMBER  OF  NOTICES OF LIABILITY ISSUED FOR VIOLATIONS
   54  RECORDED BY SUCH SYSTEMS;
   55    6. THE NUMBER OF FINES AND TOTAL AMOUNT  OF  FINES  PAID  AFTER  FIRST
   56  NOTICE OF LIABILITY ISSUED FOR VIOLATIONS RECORDED BY SUCH SYSTEMS;
       A. 8368--B                         25
    1    7.  THE  NUMBER  OF VIOLATIONS ADJUDICATED AND RESULTS OF SUCH ADJUDI-
    2  CATIONS  INCLUDING  BREAKDOWNS  OF  DISPOSITIONS  MADE  FOR   VIOLATIONS
    3  RECORDED BY SUCH SYSTEMS;
    4    8. THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH CITY FROM SUCH ADJUDI-
    5  CATIONS;
    6    9. EXPENSES INCURRED BY SUCH CITY IN CONNECTION WITH THE PROGRAM; AND
    7    10. QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
    8    (N) IT SHALL BE A DEFENSE TO ANY PROSECUTION FOR A VIOLATION OF SUBDI-
    9  VISION  (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO
   10  A LOCAL LAW OR ORDINANCE ADOPTED PURSUANT  TO  THIS  SECTION  THAT  SUCH
   11  TRAFFIC-CONTROL  INDICATIONS  WERE  MALFUNCTIONING  AT  THE  TIME OF THE
   12  ALLEGED VIOLATION.
   13    S 10. The opening paragraph and paragraph  (c)  of  subdivision  1  of
   14  section 1809 of the vehicle and traffic law, as amended by section 11 of
   15  chapter 189 of the laws of 2013, are amended to read as follows:
   16    Whenever  proceedings in an administrative tribunal or a court of this
   17  state result in a conviction for an offense  under  this  chapter  or  a
   18  traffic  infraction  under this chapter, or a local law, ordinance, rule
   19  or regulation adopted pursuant to this chapter,  other  than  a  traffic
   20  infraction  involving  standing,  stopping,  or parking or violations by
   21  pedestrians or bicyclists, or other than an adjudication of liability of
   22  an owner for a violation of subdivision (d) of  section  eleven  hundred
   23  eleven  of  this  chapter  in  accordance  with  section  eleven hundred
   24  eleven-a of this chapter, or other than an adjudication of liability  of
   25  an  owner  for  a violation of subdivision (d) of section eleven hundred
   26  eleven of  this  chapter  in  accordance  with  section  eleven  hundred
   27  eleven-b  of  this  chapter, or other than an adjudication in accordance
   28  with section eleven hundred eleven-c of this chapter for a violation  of
   29  a  bus  lane  restriction  as  defined in such section, OR OTHER THAN AN
   30  ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (D)
   31  OF SECTION ELEVEN HUNDRED ELEVEN OF  THIS  CHAPTER  IN  ACCORDANCE  WITH
   32  SECTION  ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, or other than an adju-
   33  dication of liability of an owner for a violation  of  subdivision  (b),
   34  (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in
   35  accordance  with  section eleven hundred eighty-b of this chapter, there
   36  shall be levied a crime victim assistance fee and a mandatory surcharge,
   37  in addition to any sentence required or permitted by law, in  accordance
   38  with the following schedule:
   39    (c)  Whenever  proceedings in an administrative tribunal or a court of
   40  this state result in a conviction for  an  offense  under  this  chapter
   41  other than a crime pursuant to section eleven hundred ninety-two of this
   42  chapter,  or  a  traffic  infraction under this chapter, or a local law,
   43  ordinance, rule or regulation adopted pursuant to  this  chapter,  other
   44  than  a  traffic  infraction involving standing, stopping, or parking or
   45  violations by pedestrians or bicyclists, or other than  an  adjudication
   46  of  liability  of an owner for a violation of subdivision (d) of section
   47  eleven hundred eleven of this chapter in accordance with section  eleven
   48  hundred  eleven-a  of  this  chapter,  or  other than an adjudication of
   49  liability of an owner for a violation  of  subdivision  (d)  of  section
   50  eleven  hundred eleven of this chapter in accordance with section eleven
   51  hundred eleven-b of this chapter,  OR  OTHER  THAN  AN  ADJUDICATION  OF
   52  LIABILITY  OF  AN  OWNER  FOR  A VIOLATION OF SUBDIVISION (D) OF SECTION
   53  ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION  ELEVEN
   54  HUNDRED  ELEVEN-D  OF THIS CHAPTER, or other than an infraction pursuant
   55  to article nine of this chapter or other than an adjudication of liabil-
   56  ity of an owner for a violation of toll collection regulations  pursuant
       A. 8368--B                         26
    1  to  section two thousand nine hundred eighty-five of the public authori-
    2  ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
    3  hundred seventy-four of the laws of nineteen hundred fifty or other than
    4  an  adjudication  in  accordance with section eleven hundred eleven-c of
    5  this chapter for a violation of a bus lane  restriction  as  defined  in
    6  such section, or other than an adjudication of liability of an owner for
    7  a  violation  of subdivision (b), (c), (d), (f) or (g) of section eleven
    8  hundred eighty of this chapter in accordance with section eleven hundred
    9  eighty-b of this chapter, there shall be levied a crime  victim  assist-
   10  ance  fee  in  the  amount of five dollars and a mandatory surcharge, in
   11  addition to any sentence required or permitted by law, in the amount  of
   12  fifty-five dollars.
   13    S  10-a. Subdivision 1 of section 1809 of the vehicle and traffic law,
   14  as amended by section 11-a of chapter  189  of  the  laws  of  2013,  is
   15  amended to read as follows:
   16    1.  Whenever  proceedings  in an administrative tribunal or a court of
   17  this state result in a conviction for a crime under this  chapter  or  a
   18  traffic  infraction  under this chapter, or a local law, ordinance, rule
   19  or regulation adopted pursuant to this chapter,  other  than  a  traffic
   20  infraction involving standing, stopping, parking or motor vehicle equip-
   21  ment  or violations by pedestrians or bicyclists, or other than an adju-
   22  dication of liability of an owner for a violation of subdivision (d)  of
   23  section eleven hundred eleven of this chapter in accordance with section
   24  eleven  hundred  eleven-a of this chapter, or other than an adjudication
   25  of liability of an owner for a violation of subdivision (d)  of  section
   26  eleven  hundred eleven of this chapter in accordance with section eleven
   27  hundred eleven-b of this chapter,  or  other  than  an  adjudication  in
   28  accordance  with  section  eleven hundred eleven-c of this chapter for a
   29  violation of a bus lane restriction as defined  in  such  section,    OR
   30  OTHER  THAN  AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF
   31  SUBDIVISION (D) OF SECTION ELEVEN HUNDRED  ELEVEN  OF  THIS  CHAPTER  IN
   32  ACCORDANCE  WITH  SECTION  ELEVEN  HUNDRED  ELEVEN-D OF THIS CHAPTER, or
   33  other than an adjudication of liability of an owner for a  violation  of
   34  subdivision  (b),  (c), (d), (f) or (g) of section eleven hundred eighty
   35  of this chapter in accordance with section eleven  hundred  eighty-b  of
   36  this  chapter,  there shall be levied a mandatory surcharge, in addition
   37  to any sentence required or permitted by law, in the amount  of  twenty-
   38  five dollars.
   39    S  10-b. Subdivision 1 of section 1809 of the vehicle and traffic law,
   40  as amended by section 11-b of chapter  189  of  the  laws  of  2013,  is
   41  amended to read as follows:
   42    1.  Whenever  proceedings  in an administrative tribunal or a court of
   43  this state result in a conviction for a crime under this  chapter  or  a
   44  traffic  infraction  under  this chapter other than a traffic infraction
   45  involving standing, stopping, parking  or  motor  vehicle  equipment  or
   46  violations  by  pedestrians or bicyclists, or other than an adjudication
   47  in accordance with section eleven hundred eleven-c of this chapter for a
   48  violation of a bus lane restriction as defined in such section, OR OTHER
   49  THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF  SUBDI-
   50  VISION  (D)  OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN ACCORD-
   51  ANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, or other than
   52  an adjudication of liability of an owner for a violation of  subdivision
   53  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
   54  ter  in accordance with section eleven hundred eighty-b of this chapter,
   55  there shall be levied a mandatory surcharge, in addition to any sentence
   56  required or permitted by law, in the amount of seventeen dollars.
       A. 8368--B                         27
    1    S 10-c. Subdivision 1 of section 1809 of the vehicle and traffic  law,
    2  as  amended  by  section  11-c  of  chapter  189 of the laws of 2013, is
    3  amended to read as follows:
    4    1.  Whenever  proceedings  in an administrative tribunal or a court of
    5  this state result in a conviction for a crime under this  chapter  or  a
    6  traffic  infraction  under  this chapter other than a traffic infraction
    7  involving standing, stopping, parking  or  motor  vehicle  equipment  or
    8  violations  by  pedestrians or bicyclists, or other than an adjudication
    9  of liability of an owner for a violation of subdivision (b),  (c),  (d),
   10  (f)  or  (g) of section eleven hundred eighty of this chapter in accord-
   11  ance with section eleven hundred eighty-b of this chapter, OR OTHER THAN
   12  AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF  SUBDIVISION
   13  (D)  OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH
   14  SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, there shall be levied a
   15  mandatory surcharge, in addition to any sentence required  or  permitted
   16  by law, in the amount of seventeen dollars.
   17    S 10-d.  Subdivision 1 of section 1809 of the vehicle and traffic law,
   18  as  separately  amended by chapter 16 of the laws of 1983 and chapter 62
   19  of the laws of 1989, is amended to read as follows:
   20    1. Whenever proceedings in an administrative tribunal or  a  court  of
   21  this  state  result  in a conviction for a crime under this chapter or a
   22  traffic infraction under this chapter other than  a  traffic  infraction
   23  involving  standing,  stopping,  parking  or  motor vehicle equipment or
   24  violations by pedestrians or bicyclists, OR OTHER THAN  AN  ADJUDICATION
   25  OF  LIABILITY  OF AN OWNER FOR A VIOLATION OF SUBDIVISION (D) OF SECTION
   26  ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION  ELEVEN
   27  HUNDRED  ELEVEN-D  OF  THIS  CHAPTER,  there shall be levied a mandatory
   28  surcharge, in addition to any sentence required or permitted by law,  in
   29  the amount of seventeen dollars.
   30    S  11.  Paragraph  a of subdivision 1 of section 1809-e of the vehicle
   31  and traffic law, as amended by section 12-a of chapter 189 of  the  laws
   32  of 2013, is amended to read as follows:
   33    a. Notwithstanding any other provision of law, whenever proceedings in
   34  a  court  or  an  administrative  tribunal  of  this  state  result in a
   35  conviction for an offense under this chapter, except a conviction pursu-
   36  ant to section eleven hundred ninety-two of this chapter, or for a traf-
   37  fic infraction under this chapter, or a local law,  ordinance,  rule  or
   38  regulation adopted pursuant to this chapter, except a traffic infraction
   39  involving standing, stopping, or parking or violations by pedestrians or
   40  bicyclists,  and  except  an adjudication of liability of an owner for a
   41  violation of subdivision (d) of section eleven hundred  eleven  of  this
   42  chapter in accordance with section eleven hundred eleven-a of this chap-
   43  ter  OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAP-
   44  TER, and except an adjudication of liability of an owner for a violation
   45  of subdivision (d) of section eleven hundred eleven of this  chapter  in
   46  accordance  with  section  eleven  hundred eleven-b of this chapter, and
   47  except  an  adjudication  in  accordance  with  section  eleven  hundred
   48  eleven-c  of  this  chapter  of a violation of a bus lane restriction as
   49  defined in such section, and [expect] EXCEPT an adjudication of  liabil-
   50  ity of an owner for a violation of subdivision (b), (c), (d), (f) or (g)
   51  of  section  eleven  hundred  eighty  of this chapter in accordance with
   52  section eleven hundred eighty-b of this chapter, and except  an  adjudi-
   53  cation of liability of an owner for a violation of toll collection regu-
   54  lations pursuant to section two thousand nine hundred eighty-five of the
   55  public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
   56  chapter  seven  hundred  seventy-four  of  the  laws of nineteen hundred
       A. 8368--B                         28
    1  fifty, there shall be levied in addition to  any  sentence,  penalty  or
    2  other surcharge required or permitted by law, an additional surcharge of
    3  twenty-eight dollars.
    4    S  11-a. Paragraph a of subdivision 1 of section 1809-e of the vehicle
    5  and traffic law, as amended by section 12-b of chapter 189 of  the  laws
    6  of 2013, is amended to read as follows:
    7    a. Notwithstanding any other provision of law, whenever proceedings in
    8  a  court  or  an  administrative  tribunal  of  this  state  result in a
    9  conviction for an offense under this chapter, except a conviction pursu-
   10  ant to section eleven hundred ninety-two of this chapter, or for a traf-
   11  fic infraction under this chapter, or a local law,  ordinance,  rule  or
   12  regulation adopted pursuant to this chapter, except a traffic infraction
   13  involving standing, stopping, or parking or violations by pedestrians or
   14  bicyclists,  and  except  an adjudication of liability of an owner for a
   15  violation of subdivision (d) of section eleven hundred  eleven  of  this
   16  chapter in accordance with section eleven hundred eleven-a of this chap-
   17  ter  OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAP-
   18  TER, and except  an  adjudication  in  accordance  with  section  eleven
   19  hundred  eleven-c  of  this  chapter  of  a  violation  of  a  bus  lane
   20  restriction as defined in such section, and except  an  adjudication  of
   21  liability  of an owner for a violation of subdivision (b), (c), (d), (f)
   22  or (g) of section eleven hundred eighty of this  chapter  in  accordance
   23  with  section  eleven  hundred  eighty-b  of this chapter, and except an
   24  adjudication of liability of an owner for a violation of toll collection
   25  regulations pursuant to section two thousand nine hundred eighty-five of
   26  the  public  authorities  law  or  sections  sixteen-a,  sixteen-b   and
   27  sixteen-c  of chapter seven hundred seventy-four of the laws of nineteen
   28  hundred fifty, there shall be levied in addition to any sentence, penal-
   29  ty or other surcharge  required  or  permitted  by  law,  an  additional
   30  surcharge of twenty-eight dollars.
   31    S  11-b. Paragraph a of subdivision 1 of section 1809-e of the vehicle
   32  and traffic law, as amended by section 12-c of chapter 189 of  the  laws
   33  of 2013, is amended to read as follows:
   34    a. Notwithstanding any other provision of law, whenever proceedings in
   35  a  court  or  an  administrative  tribunal  of  this  state  result in a
   36  conviction for an offense under this chapter, except a conviction pursu-
   37  ant to section eleven hundred ninety-two of this chapter, or for a traf-
   38  fic infraction under this chapter, or a local law,  ordinance,  rule  or
   39  regulation adopted pursuant to this chapter, except a traffic infraction
   40  involving standing, stopping, or parking or violations by pedestrians or
   41  bicyclists,  and  except  an adjudication of liability of an owner for a
   42  violation of subdivision (d) of section eleven hundred  eleven  of  this
   43  chapter in accordance with section eleven hundred eleven-a of this chap-
   44  ter  OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAP-
   45  TER, and except an adjudication of liability of an owner for a violation
   46  of subdivision (b), (c), (d), (f)  or  (g)  of  section  eleven  hundred
   47  eighty  of this chapter in accordance with section eleven hundred eight-
   48  y-b of this chapter, and except an adjudication of liability of an owner
   49  for a violation of toll collection regulations pursuant to  section  two
   50  thousand  nine  hundred  eighty-five  of  the  public authorities law or
   51  sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred
   52  seventy-four  of  the  laws  of  nineteen  hundred fifty, there shall be
   53  levied in addition to any sentence, penalty or other surcharge  required
   54  or permitted by law, an additional surcharge of twenty-eight dollars.
       A. 8368--B                         29
    1    S  11-c. Paragraph a of subdivision 1 of section 1809-e of the vehicle
    2  and traffic law, as amended by section 5 of part C of chapter 55 of  the
    3  laws of 2013, is amended to read as follows:
    4    a. Notwithstanding any other provision of law, whenever proceedings in
    5  a  court  or  an  administrative  tribunal  of  this  state  result in a
    6  conviction for an offense under this chapter, except a conviction pursu-
    7  ant to section eleven hundred ninety-two of this chapter, or for a traf-
    8  fic infraction under this chapter, or a local law,  ordinance,  rule  or
    9  regulation adopted pursuant to this chapter, except a traffic infraction
   10  involving standing, stopping, or parking or violations by pedestrians or
   11  bicyclists,  and  except  an adjudication of liability of an owner for a
   12  violation of subdivision (d) of section eleven hundred  eleven  of  this
   13  chapter in accordance with section eleven hundred eleven-a of this chap-
   14  ter  OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAP-
   15  TER, and except an adjudication of liability of an owner for a violation
   16  of toll collection regulations pursuant to  section  two  thousand  nine
   17  hundred eighty-five of the public authorities law or sections sixteen-a,
   18  sixteen-b  and  sixteen-c  of  chapter seven hundred seventy-four of the
   19  laws of nineteen hundred fifty, there shall be levied in addition to any
   20  sentence, penalty or other surcharge required or permitted  by  law,  an
   21  additional surcharge of twenty-eight dollars.
   22    S  12.  Subdivision  1 of section 371 of the general municipal law, as
   23  separately amended by sections 20 of chapters 20 and 383 of the laws  of
   24  2009, is amended to read as follows:
   25    1.  A  traffic  violations  bureau so established may be authorized to
   26  dispose of violations of traffic laws, ordinances, rules and regulations
   27  when such offenses shall not constitute the traffic infraction known  as
   28  speeding  or a misdemeanor or felony, and, if authorized by local law or
   29  ordinance, to adjudicate the  liability  of  owners  for  violations  of
   30  subdivision  (d)  of  section  eleven  hundred eleven of the vehicle and
   31  traffic law in accordance with section eleven hundred eleven-a  of  such
   32  law  or section eleven hundred eleven-b of such law [as added by section
   33  sixteen of the chapter of the laws of two thousand  nine]  AS  ADDED  BY
   34  SECTIONS  SIXTEEN  OF CHAPTERS TWENTY, TWENTY-ONE, AND TWENTY-TWO OF THE
   35  LAWS OF TWO THOUSAND NINE which amended this [section]  subdivision,  OR
   36  SECTION ELEVEN HUNDRED ELEVEN-D OF SUCH LAW.
   37    S  12-a.  Section  371  of  the  general  municipal law, as separately
   38  amended by sections 21 of chapters 20 and 383 of the laws  of  2009,  is
   39  amended to read as follows:
   40    S  371.  Jurisdiction  and  procedure.  A traffic violations bureau so
   41  established may be authorized to dispose of violations of traffic  laws,
   42  ordinances,  rules  and regulations when such offenses shall not consti-
   43  tute the traffic infraction known as speeding or a misdemeanor or  felo-
   44  ny,  and,  if  authorized  by  local law or ordinance, to adjudicate the
   45  liability of owners for violations of subdivision (d) of section  eleven
   46  hundred eleven of the vehicle and traffic law in accordance with section
   47  eleven  hundred  eleven-b  of  such  law  as added by [section] SECTIONS
   48  sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE, AND TWENTY-TWO  of
   49  the  laws  of  two  thousand  nine which amended this section OR SECTION
   50  ELEVEN HUNDRED ELEVEN-D OF SUCH LAW, by permitting a person charged with
   51  an offense within the limitations herein stated,  to  answer,  within  a
   52  specified time, at the traffic violations bureau, either in person or by
   53  written power of attorney in such form as may be prescribed in the ordi-
   54  nance  creating the bureau, by paying a prescribed fine and, in writing,
   55  waiving a hearing in court, pleading guilty to the charge  or  admitting
   56  liability  as  an  owner for the violation of subdivision (d) of section
       A. 8368--B                         30
    1  eleven hundred eleven of the vehicle and traffic law, as  the  case  may
    2  be,  and  authorizing  the person in charge of the bureau to make such a
    3  plea or admission and pay such  a  fine  in  court.  Acceptance  of  the
    4  prescribed  fine  and  power  of  attorney by the bureau shall be deemed
    5  complete satisfaction for the violation or of  the  liability,  and  the
    6  violator  or  owner liable for a violation of subdivision (d) of section
    7  eleven hundred eleven of the vehicle and traffic law shall  be  given  a
    8  receipt  which  so  states. If a person charged with a traffic violation
    9  does not answer as hereinbefore prescribed, within  a  designated  time,
   10  the  bureau  shall  cause  a  complaint to be entered against him or her
   11  forthwith and a warrant to be issued for his or her arrest  and  appear-
   12  ance  before  the  court.  Any  person  who  shall have been, within the
   13  preceding twelve months, guilty of a number  of  parking  violations  in
   14  excess  of  such maximum number as may be designated by the court, or of
   15  three or more violations other than parking  violations,  shall  not  be
   16  permitted  to appear and answer to a subsequent violation at the traffic
   17  violations bureau, but must appear in court at a time specified  by  the
   18  bureau.  Such  traffic  violations  bureau  shall  not  be authorized to
   19  deprive a person of his or her right to counsel or to prevent him or her
   20  from exercising his or her right  to  appear  in  court  to  answer  to,
   21  explain,  or  defend any charge of a violation of any traffic law, ordi-
   22  nance, rule or regulation.
   23    S 12-b. Section 371 of the general municipal law, as amended by  chap-
   24  ter 802 of the laws of 1949, is amended to read as follows:
   25    S  371.  Jurisdiction  and  procedure.  A traffic violations bureau so
   26  established may be authorized to dispose of violations of traffic  laws,
   27  ordinances,  rules  and regulations when such offenses shall not consti-
   28  tute the traffic infraction known as speeding or a misdemeanor or  felo-
   29  ny,  AND,  IF  AUTHORIZED  BY  LOCAL LAW OR ORDINANCE, TO ADJUDICATE THE
   30  LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (D) OF SECTION  ELEVEN
   31  HUNDRED ELEVEN OF THE VEHICLE AND TRAFFIC LAW IN ACCORDANCE WITH SECTION
   32  ELEVEN  HUNDRED ELEVEN-D OF THE VEHICLE AND TRAFFIC LAW, by permitting a
   33  person charged with an offense within the limitations herein stated,  to
   34  answer,  within  a  specified  time,  at  the traffic violations bureau,
   35  either in person or by written power of attorney in such form as may  be
   36  prescribed  in the ordinance creating the bureau, by paying a prescribed
   37  fine and, in writing, waiving a hearing in court, pleading guilty to the
   38  charge OR ADMITTING LIABILITY AS AN OWNER FOR THE VIOLATION OF  SUBDIVI-
   39  SION  (D)  OF  SECTION  ELEVEN HUNDRED ELEVEN OF THE VEHICLE AND TRAFFIC
   40  LAW, AS THE CASE MAY BE, and authorizing the person  in  charge  of  the
   41  bureau  to  make  such a plea OR ADMISSION and pay such a fine in court.
   42  Acceptance of the prescribed fine and power of attorney  by  the  bureau
   43  shall  be  deemed  complete  satisfaction  for  the  violation OR OF THE
   44  LIABILITY, and the violator OR OWNER LIABLE FOR A VIOLATION OF  SUBDIVI-
   45  SION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THE VEHICLE AND TRAFFIC LAW
   46  shall  be  given  a  receipt which so states. If a person charged with a
   47  traffic violation does not answer as hereinbefore prescribed,  within  a
   48  designated  time,  the  bureau  shall  cause  a  complaint to be entered
   49  against him OR HER forthwith and a warrant to be issued for his  OR  HER
   50  arrest  and appearance before the court. Any person who shall have been,
   51  within the preceding twelve  months,  guilty  of  a  number  of  parking
   52  violations  in excess of such maximum number as may be designated by the
   53  court, or of three or more violations  other  than  parking  violations,
   54  shall not be permitted to appear and answer to a subsequent violation at
   55  the traffic violations bureau, but must appear in court at a time speci-
   56  fied  by the bureau. Such traffic violations bureau shall not be author-
       A. 8368--B                         31
    1  ized to deprive a person of his OR HER right to counsel  or  to  prevent
    2  him OR HER from exercising his OR HER right to appear in court to answer
    3  to,  explain,  or  defend  any charge of a violation of any traffic law,
    4  ordinance, rule or regulation.
    5    S  13.  Subdivision  2  of  section  87  of the public officers law is
    6  amended by adding a new paragraph (n) to read as follows:
    7    (N) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS,  VIDEOTAPE  OR  OTHER  RECORDED
    8  IMAGES  PREPARED  UNDER  AUTHORITY OF SECTION ELEVEN HUNDRED ELEVEN-D OF
    9  THE VEHICLE AND TRAFFIC LAW.
   10    S 14. The purchase or lease of equipment for a  demonstration  program
   11  established  pursuant  to  section 1111-d of the vehicle and traffic law
   12  shall be subject to the provisions of section 103 of the general munici-
   13  pal law.
   14    S 15. This act shall take effect on the thirtieth day after  it  shall
   15  have  become  a  law  and shall expire 5 years after such effective date
   16  when upon such date the provisions of this act shall be deemed repealed;
   17  and provided further that any rules necessary for the implementation  of
   18  this  act  on  its effective date shall be promulgated on or before such
   19  effective date, provided that:
   20    (a) the amendments to subdivision 1 of section 235 of the vehicle  and
   21  traffic law made by section one of this act shall not affect the expira-
   22  tion  of  such subdivision and shall be deemed to expire therewith, when
   23  upon such date the provisions of section one-a of this  act  shall  take
   24  effect;
   25    (b)  the amendments to section 235 of the vehicle and traffic law made
   26  by section one-a of this act shall not affect  the  expiration  of  such
   27  section and shall be deemed to expire therewith, when upon such date the
   28  provisions of section one-b of this act shall take effect;
   29    (c)  the amendments to section 235 of the vehicle and traffic law made
   30  by section one-b of this act shall not affect  the  expiration  of  such
   31  section and shall be deemed to expire therewith, when upon such date the
   32  provisions of section one-c of this act shall take effect;
   33    (d)  the amendments to section 235 of the vehicle and traffic law made
   34  by section one-c of this act shall not affect  the  expiration  of  such
   35  section and shall be deemed to expire therewith, when upon such date the
   36  provisions of section one-d of this act shall take effect;
   37    (e)  the amendments to section 235 of the vehicle and traffic law made
   38  by section one-d of this act shall not affect  the  expiration  of  such
   39  section and shall be deemed to expire therewith, when upon such date the
   40  provisions of section one-e of this act shall take effect;
   41    (f)  the amendments to subdivision 1 of section 236 of the vehicle and
   42  traffic law made by section two of this act shall not affect the expira-
   43  tion of such subdivision and shall be deemed to expire  therewith,  when
   44  upon  such  date  the provisions of section two-a of this act shall take
   45  effect;
   46    (g) the amendments to subdivision 1 of section 236 of the vehicle  and
   47  traffic law made by section two-a of this act shall not affect the expi-
   48  ration of such subdivision and shall be deemed to expire therewith, when
   49  upon  such  date  the provisions of section two-b of this act shall take
   50  effect;
   51    (h) the amendments to subdivision 1 of section 236 of the vehicle  and
   52  traffic law made by section two-b of this act shall not affect the expi-
   53  ration of such subdivision and shall be deemed to expire therewith, when
   54  upon  such  date  the provisions of section two-c of this act shall take
   55  effect;
       A. 8368--B                         32
    1    (i) the amendments to subdivision 1 of section 236 of the vehicle  and
    2  traffic law made by section two-c of this act shall not affect the expi-
    3  ration of such subdivision and shall be deemed to expire therewith, when
    4  upon  such  date  the provisions of section two-d of this act shall take
    5  effect;
    6    (j)  the  amendments to paragraph f of subdivision 1 of section 239 of
    7  the vehicle and traffic law made by section four of this act  shall  not
    8  affect  the  expiration  of such paragraph and shall be deemed to expire
    9  therewith, when upon such date the provisions of section four-a of  this
   10  act shall take effect;
   11    (k)  the  amendments to paragraph f of subdivision 1 of section 239 of
   12  the vehicle and traffic law made by section four-a of this act shall not
   13  affect the expiration of such paragraph and shall be  deemed  to  expire
   14  therewith,  when upon such date the provisions of section four-b of this
   15  act shall take effect;
   16    (l) the amendments to paragraph f of subdivision 1 of section  239  of
   17  the vehicle and traffic law made by section four-b of this act shall not
   18  affect  the  expiration  of such paragraph and shall be deemed to expire
   19  therewith, when upon such date the provisions of section four-c of  this
   20  act shall take effect;
   21    (m)  the  amendments to paragraph f of subdivision 1 of section 239 of
   22  the vehicle and traffic law made by section four-c of this act shall not
   23  affect the expiration of such paragraph and shall be  deemed  to  expire
   24  therewith,  when upon such date the provisions of section four-d of this
   25  act shall take effect;
   26    (n) the amendments to subdivisions 1 and 1-a of  section  240  of  the
   27  vehicle  and  traffic  law  made  by  section five of this act shall not
   28  affect the expiration of such subdivisions and shall be deemed to expire
   29  therewith, when upon such date the provisions of section five-a of  this
   30  act shall take effect;
   31    (o)  the  amendments  to  subdivisions 1 and 1-a of section 240 of the
   32  vehicle and traffic law made by section five-a of  this  act  shall  not
   33  affect the expiration of such subdivisions and shall be deemed to expire
   34  therewith,  when upon such date the provisions of section five-b of this
   35  act shall take effect;
   36    (p) the amendments to subdivisions 1 and 1-a of  section  240  of  the
   37  vehicle  and  traffic  law  made by section five-b of this act shall not
   38  affect the expiration of such subdivisions and shall be deemed to expire
   39  therewith, when upon such date the provisions of section five-c of  this
   40  act shall take effect;
   41    (q)  the  amendments  to  subdivisions 1 and 1-a of section 240 of the
   42  vehicle and traffic law made by section five-c of  this  act  shall  not
   43  affect the expiration of such subdivisions and shall be deemed to expire
   44  therewith,  when upon such date the provisions of section five-d of this
   45  act shall take effect;
   46    (r) the amendments to paragraphs a and g of subdivision 2  of  section
   47  240 of the vehicle and traffic law made by section six of this act shall
   48  not  affect  the  expiration  of  such paragraphs and shall be deemed to
   49  expire therewith, when upon such date the provisions of section six-a of
   50  this act shall take effect;
   51    (s) the amendments to paragraphs a and g of subdivision 2  of  section
   52  240  of  the  vehicle  and traffic law made by section six-a of this act
   53  shall not affect the expiration of such paragraphs and shall  be  deemed
   54  to expire therewith, when upon such date the provisions of section six-b
   55  of this act shall take effect;
       A. 8368--B                         33
    1    (t)  the  amendments to paragraphs a and g of subdivision 2 of section
    2  240 of the vehicle and traffic law made by section  six-b  of  this  act
    3  shall  not  affect the expiration of such paragraphs and shall be deemed
    4  to expire therewith, when upon such date the provisions of section six-c
    5  of this act shall take effect;
    6    (u)  the  amendments to paragraphs a and g of subdivision 2 of section
    7  240 of the vehicle and traffic law made by section  six-c  of  this  act
    8  shall  not  affect the expiration of such paragraphs and shall be deemed
    9  to expire therewith, when upon such date the provisions of section six-d
   10  of this act shall take effect;
   11    (v) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
   12  cle and traffic law made by section seven of this act shall  not  affect
   13  the expiration of such subdivisions and shall be deemed to expire there-
   14  with,  when upon such date the provisions of section seven-a of this act
   15  shall take effect;
   16    (w) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
   17  cle and traffic law made by section seven-a of this act shall not affect
   18  the expiration of such subdivisions and shall be deemed to expire there-
   19  with, when upon such date the provisions of section seven-b of this  act
   20  shall take effect;
   21    (x) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
   22  cle and traffic law made by section seven-b of this act shall not affect
   23  the expiration of such subdivisions and shall be deemed to expire there-
   24  with,  when upon such date the provisions of section seven-c of this act
   25  shall take effect;
   26    (y) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
   27  cle and traffic law made by section seven-c of this act shall not affect
   28  the expiration of such subdivisions and shall be deemed to expire there-
   29  with, when upon such date the provisions of section seven-d of this  act
   30  shall take effect;
   31    (z)  the  amendments to subparagraph (i) of paragraph a of subdivision
   32  5-a of section 401 of the vehicle and traffic law made by section  eight
   33  of  this act shall not affect the expiration of such paragraph and shall
   34  be deemed to expire therewith, when upon such  date  the  provisions  of
   35  section eight-a of this act shall take effect;
   36    (aa)  the  amendments to paragraph a of subdivision 5-a of section 401
   37  of the vehicle and traffic law made by section eight-a of this act shall
   38  not affect the expiration of such  paragraph  and  shall  be  deemed  to
   39  expire  therewith, when upon such date the provisions of section eight-b
   40  of this act shall take effect;
   41    (bb) the amendments to paragraph a of subdivision 5-a of  section  401
   42  of the vehicle and traffic law made by section eight-b of this act shall
   43  not  affect  the  expiration  of  such  paragraph and shall be deemed to
   44  expire therewith, when upon such date the provisions of section  eight-c
   45  of this act shall take effect;
   46    (cc)  the  amendments to paragraph a of subdivision 5-a of section 401
   47  of the vehicle and traffic law made by section eight-c of this act shall
   48  not affect the expiration of such  paragraph  and  shall  be  deemed  to
   49  expire  therewith, when upon such date the provisions of section eight-d
   50  of this act shall take effect;
   51    (dd) the amendments to subdivision 1 of section 1809  of  the  vehicle
   52  and  traffic  law  made  by section ten of this act shall not affect the
   53  expiration of such subdivision and shall be deemed to expire  therewith,
   54  when  upon  such  date the provisions of section ten-a of this act shall
   55  take effect;
       A. 8368--B                         34
    1    (ee) the amendments to subdivision 1 of section 1809  of  the  vehicle
    2  and  traffic  law made by section ten-a of this act shall not affect the
    3  expiration of such subdivision and shall be deemed to expire  therewith,
    4  when  upon  such  date the provisions of section ten-b of this act shall
    5  take effect;
    6    (ff)  the  amendments  to subdivision 1 of section 1809 of the vehicle
    7  and traffic law made by section ten-b of this act shall not  affect  the
    8  expiration  of such subdivision and shall be deemed to expire therewith,
    9  when upon such date the provisions of section ten-c of  this  act  shall
   10  take effect;
   11    (gg)  the  amendments  to subdivision 1 of section 1809 of the vehicle
   12  and traffic law made by section ten-c of this act shall not  affect  the
   13  expiration  of such subdivision and shall be deemed to expire therewith,
   14  when upon such date the provisions of section ten-d of  this  act  shall
   15  take effect;
   16    (hh)  the amendments to paragraph a of subdivision 1 of section 1809-e
   17  of the vehicle and traffic law made by section eleven of this act  shall
   18  not  affect  the  expiration  of  such  paragraph and shall be deemed to
   19  expire therewith, when upon such date the provisions of section eleven-a
   20  of this act shall take effect;
   21    (ii) the amendments to paragraph a of subdivision 1 of section  1809-e
   22  of  the  vehicle  and  traffic  law made by section eleven-a of this act
   23  shall not affect the expiration of such paragraph and shall be deemed to
   24  expire therewith, when upon such date the provisions of section eleven-b
   25  of this act shall take effect;
   26    (jj) the amendments to paragraph a of subdivision 1 of section  1809-e
   27  of  the  vehicle  and  traffic  law made by section eleven-b of this act
   28  shall not affect the expiration of such paragraph and shall be deemed to
   29  expire therewith, when upon such date the provisions of section eleven-c
   30  of this act shall take effect;
   31    (kk) the amendments made to subdivision 1 of section 371 of the gener-
   32  al municipal law made by section twelve of this act shall not affect the
   33  expiration of such subdivision and shall be deemed to expire  therewith,
   34  when upon such date the provisions of section twelve-a of this act shall
   35  take effect; and
   36    (ll)  the  amendments made to section 371 of the general municipal law
   37  by section twelve-a of this act shall not affect the expiration of  such
   38  section and shall be deemed to expire therewith, when upon such date the
   39  provisions of section twelve-b of this act shall take effect.
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