Bill Text: NY S08756 | 2023-2024 | General Assembly | Amended
Bill Title: Relates to owner liability for failure of an operator to comply with street cleaning parking rules; relates to access to records prepared pursuant to street cleaning parking rules.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed) 2024-06-06 - DELIVERED TO ASSEMBLY [S08756 Detail]
Download: New_York-2023-S08756-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8756--A Cal. No. 1511 IN SENATE March 7, 2024 ___________ Introduced by Sens. JACKSON, SEPULVEDA, PERSAUD -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation -- committee discharged and said bill committed to the Committee on Rules -- ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the vehicle and traffic law, in relation to owner liability for failure of an operator to comply with street cleaning parking rules; to amend the public officers law, in relation to access to records prepared pursuant to street cleaning parking rules; and providing for the repeal of certain provisions upon expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The vehicle and traffic law is amended by adding a new 2 section 1111-h to read as follows: 3 § 1111-h. Owner liability for failure of an operator to comply with 4 street cleaning parking rules. (a) 1. Notwithstanding any other 5 provision of law, the city of New York is hereby authorized to establish 6 a demonstration program imposing monetary liability on the owner of a 7 vehicle for failure of an operator thereof to comply with posted street 8 cleaning parking rules in such city in accordance with the provisions of 9 this section. Such demonstration program shall empower the New York 10 city department of sanitation to install street cleaning vehicle photo 11 devices on street cleaning vehicles along street cleaning routes at 12 locations determined by such department in such city and to administer 13 such program in consultation with the New York city department of trans- 14 portation. 15 2. Any photographs, microphotographs, videotape or other recorded 16 images captured by street cleaning vehicle photo devices shall be inad- 17 missible in any disciplinary proceeding convened by the department and 18 any proceeding initiated by the department involving licensure privi- 19 leges of street cleaning vehicle operators. Any street cleaning vehicle 20 photo device mounted on a street cleaning vehicle shall be directed 21 outwardly from such vehicle to capture images of vehicles operated in 22 violation of street cleaning parking rules, and images produced by such EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13521-10-4S. 8756--A 2 1 device shall not be used for any other purpose in the absence of a court 2 order requiring such images to be produced. 3 3. No street cleaning vehicle photo device shall be used unless on the 4 day it is to be used it has successfully passed a self-test of its func- 5 tions. 6 4. (i) Such demonstration program shall utilize necessary technologies 7 to ensure, to the extent practicable, that photographs, microphoto- 8 graphs, videotape or other recorded images produced by such street 9 cleaning vehicle photo device shall not include images that identify the 10 driver, the passengers, or the contents of the vehicle. Provided, 11 however, that no notice of liability issued pursuant to this section 12 shall be dismissed solely because such a photograph, microphotograph, 13 videotape or other recorded image allows for the identification of the 14 driver, the passengers, or the contents of vehicles where the city shows 15 that it made reasonable efforts to comply with the provisions of this 16 paragraph in such case. 17 (ii) Photographs, microphotographs, videotape or any other recorded 18 image from a street cleaning vehicle photo device shall be for the 19 exclusive use of the city for the purpose of the adjudication of liabil- 20 ity imposed pursuant to this section and of the owner receiving a notice 21 of liability pursuant to this section, and shall be destroyed by the 22 city upon the final resolution of the notice of liability to which such 23 photographs, microphotographs, videotape or other recorded images 24 relate, or one year following the date of issuance of such notice of 25 liability, whichever is later. Notwithstanding the provisions of any 26 other law, rule or regulation to the contrary, photographs, microphoto- 27 graphs, videotape or any other recorded image from a street 28 cleaning vehicle photo device shall not be open to the public, nor 29 subject to civil or criminal process or discovery, nor used by any 30 court or administrative or adjudicatory body in any action or proceed- 31 ing therein except that which is necessary for the adjudication of a 32 notice of liability issued pursuant to this section, and no 33 public entity or employee, officer or agent thereof shall disclose 34 such information, except that such photographs, microphotographs, 35 videotape or any other recorded images from such devices: 36 (A) shall be available for inspection and copying and use by the motor 37 vehicle owner and operator for so long as such photographs, microphoto- 38 graphs, videotape or other recorded images are required to be maintained 39 or are maintained by such public entity, employee, officer or agent; and 40 (B) (1) shall be furnished when described in a search warrant issued 41 by a court authorized to issue such a search warrant pursuant to article 42 six hundred ninety of the criminal procedure law or a federal court 43 authorized to issue such a search warrant under federal law, where such 44 search warrant states that there is reasonable cause to believe such 45 information constitutes evidence of, or tends to demonstrate that, a 46 misdemeanor or felony offense was committed in this state or another 47 state, or that a particular person participated in the commission of a 48 misdemeanor or felony offense in this state or another state, provided, 49 however, that if such offense was against the laws of another state, the 50 court shall only issue a warrant if the conduct comprising such offense 51 would, if occurring in this state, constitute a misdemeanor or felony 52 against the laws of this state; and 53 (2) shall be furnished in response to a subpoena duces tecum signed by 54 a judge of competent jurisdiction and issued pursuant to article six 55 hundred ten of the criminal procedure law or a judge or magistrate of a 56 federal court authorized to issue such a subpoena duces tecum underS. 8756--A 3 1 federal law, where the judge finds and the subpoena states that there is 2 reasonable cause to believe such information is relevant and material to 3 the prosecution, or the defense, or the investigation by an authorized 4 law enforcement official, of the alleged commission of a misdemeanor or 5 felony in this state or another state, provided, however, that if such 6 offense was against the laws of another state, such judge or magistrate 7 shall only issue such subpoena if the conduct comprising such offense 8 would, if occurring in this state, constitute a misdemeanor or felony in 9 this state; and 10 (3) may, if lawfully obtained pursuant to this clause and clause (A) 11 of this subparagraph and otherwise admissible, be used in such criminal 12 action or proceeding. 13 5. Every street cleaning vehicle upon which a street cleaning vehicle 14 photo device is installed and operated pursuant to a demonstration 15 program authorized pursuant to this section shall be equipped with 16 signs, placards or other displays giving notice to approaching motor 17 vehicle operators that street cleaning vehicle photo devices are used to 18 enforce street cleaning parking rules. 19 6. Warning notices of violation shall be issued during the first sixty 20 days that street cleaning vehicle photo devices pursuant to a demon- 21 stration program authorized by this section are active and in operation. 22 7. The city of New York shall adopt and enforce measures: 23 (i) to upgrade signage at regular intervals within street cleaning 24 routes stating that street cleaning vehicle photo devices are used to 25 enforce street cleaning parking rules along such routes; and 26 (ii) to prohibit the use or dissemination of vehicles' license plate 27 information and other information and images captured by street cleaning 28 vehicle photo devices except: (A) as required to establish liability 29 under this section or collect payment of penalties; (B) as required by 30 court order; or (C) as otherwise required by law. 31 (b) If the city of New York has established a program pursuant to 32 subdivision (a) of this section, the owner of a vehicle shall be liable 33 for a penalty imposed pursuant to this section if such vehicle was 34 parked in violation of any street cleaning parking rule of such city and 35 such violation is evidenced by information obtained from a street clean- 36 ing vehicle photo device. 37 (c) For purposes of this section, the following terms shall have the 38 following meanings: 39 1. "Manual on uniform traffic control devices" or "MUTCD" shall mean 40 the manual and specifications for a uniform system of traffic control 41 devices maintained by the commissioner of transportation pursuant to 42 section sixteen hundred eighty of this chapter. 43 2. "Owner" shall have the meaning provided in article two-B of this 44 chapter. 45 3. "Street cleaning routes" shall mean street cleaning routes desig- 46 nated by the New York city department of sanitation that include 47 upgraded signage stating that street cleaning vehicle photo devices are 48 used to enforce street cleaning parking rules. 49 4. "Street cleaning parking rules" shall mean the prohibited parking 50 of any vehicle on one side of the street to allow for cleaning by the 51 New York city department of sanitation during designated time periods as 52 posted by sign pursuant to the rules of the New York city department of 53 transportation. 54 5. "Street cleaning vehicle" shall mean any vehicle operated by the 55 New York city department of sanitation that is designed to wash dirt and 56 grime, and remove litter and debris, from the street surface.S. 8756--A 4 1 6. "Street cleaning vehicle photo device" shall mean a device that is 2 mounted on a street cleaning vehicle, is capable of operating independ- 3 ently of an enforcement officer and produces one or more images of each 4 vehicle at the time it is in violation of street cleaning parking rules. 5 (d) A certificate, sworn to or affirmed by a technician employed by 6 the city of New York in which the charged violation occurred, or a 7 facsimile thereof, based upon inspection of photographs, microphoto- 8 graphs, videotape or other recorded images produced by a street cleaning 9 vehicle photo device, shall be prima facie evidence of the facts 10 contained therein. Any photographs, microphotographs, videotape or other 11 recorded images evidencing such a violation shall be available for 12 inspection in any proceeding to adjudicate the liability for such 13 violation pursuant to this section. 14 (e) An owner liable for a violation of a street cleaning parking rule 15 imposed on any route shall be liable for monetary penalties in accord- 16 ance with a schedule of fines and penalties promulgated by the parking 17 violations bureau of the city of New York; provided, however, that the 18 monetary penalty for violating a street cleaning parking rule shall not 19 exceed fifty dollars for each violation; provided, further, that an 20 owner shall be liable for an additional penalty not to exceed twenty- 21 five dollars for each violation for the failure to respond to a notice 22 of liability within the prescribed time period. 23 (f) An imposition of liability under the demonstration program estab- 24 lished pursuant to this section shall not be deemed a conviction as an 25 operator and shall not be made part of the operating record of the 26 person upon whom such liability is imposed nor shall it be used for 27 insurance purposes in the provision of motor vehicle insurance coverage. 28 (g) 1. A notice of liability shall be sent by first class mail to each 29 person alleged to be liable as an owner for a violation of a street 30 cleaning parking rule. Personal delivery on the owner shall not be 31 required. A manual or automatic record of mailing prepared in the ordi- 32 nary course of business shall be prima facie evidence of the facts 33 contained therein. 34 2. A notice of liability shall contain the name and address of the 35 person alleged to be liable as an owner for violation of a street clean- 36 ing parking rule, the registration number of the vehicle involved in 37 such violation, the location where such violation took place including 38 the street or cross streets, one or more images identifying the 39 violation, the date and time of such violation and the identification 40 number of the street cleaning vehicle photo device that recorded the 41 violation or other document locator number. 42 3. The notice of liability shall contain information advising the 43 person charged of the manner and the time in which such person may 44 contest the liability alleged in the notice. Such notice of liability 45 shall also contain a warning to advise the person charged that failure 46 to contest in the manner and time provided shall be deemed an admission 47 of liability and that a default judgment may be entered thereon. 48 4. The notice of liability shall be prepared and mailed by the agency 49 or agencies designated by the city of New York, or any other entity 50 authorized by such city to prepare and mail such notification of 51 violation. 52 5. Adjudication of the liability imposed upon owners by this section 53 shall be by the New York city parking violations bureau. 54 (h) If an owner of a vehicle receives a notice of liability pursuant 55 to this section for any time period during which the vehicle was 56 reported to the police department as having been stolen, it shall be aS. 8756--A 5 1 valid defense to an allegation of liability for violation of a street 2 cleaning parking rule of such city, that the vehicle had been reported 3 to the police as stolen prior to the time the violation occurred and had 4 not been recovered by such time. For purposes of asserting the defense 5 provided by this subdivision it shall be sufficient that a certified 6 copy of the police report on the stolen vehicle be sent by first class 7 mail to the parking violations bureau. 8 (i) 1. An owner who is a lessor of a vehicle to which a notice of 9 liability was issued pursuant to subdivision (g) of this section shall 10 not be liable for the violation of the street cleaning parking rule, 11 provided that: 12 (i) prior to the violation, the lessor has filed with such parking 13 violations bureau in accordance with the provisions of section two 14 hundred thirty-nine of this chapter; and 15 (ii) within thirty-seven days after receiving notice from such bureau 16 of the date and time of such liability, together with the other informa- 17 tion contained in the original notice of liability, the lessor submits 18 to such bureau the correct name and address of the lessee of the vehicle 19 identified in the notice of liability at the time of such violation, 20 together with such other additional information contained in the rental, 21 lease or other contract document, as may be reasonably required by such 22 bureau pursuant to regulations that may be promulgated for such purpose. 23 2. Failure to comply with subparagraph (ii) of paragraph one of this 24 subdivision shall render the lessor liable for the penalty prescribed in 25 this section. 26 3. Where the lessor complies with the provisions of paragraph one of 27 this subdivision, the lessee of such vehicle on the date of such 28 violation shall be deemed to be the owner of such vehicle for purposes 29 of this section, shall be subject to liability for such violation pursu- 30 ant to this section, and shall be sent a notice of liability pursuant to 31 subdivision (g) of this section. 32 (j) 1. If the owner liable for a violation of a street cleaning park- 33 ing rule pursuant to this section was not the operator of the vehicle 34 at the time of such violation, the owner may maintain an action for 35 indemnification against the operator. 36 2. Notwithstanding any other provision of this section, no owner of a 37 vehicle shall be subject to a monetary fine imposed pursuant to this 38 section if the operator of such vehicle was operating such vehicle with- 39 out the consent of the owner at the time such operator failed to obey a 40 street cleaning parking rule. For purposes of this subdivision there 41 shall be a presumption that the operator of such vehicle was operating 42 such vehicle with the consent of the owner at the time such operator 43 failed to obey a street cleaning parking rule. 44 (k) Nothing in this section shall be construed to limit the liability 45 of an operator of a vehicle for any violation of a street cleaning park- 46 ing rule. 47 (l) If the city of New York adopts a demonstration program pursuant to 48 subdivision (a) of this section, such city's department of sanitation 49 shall submit a report on the results of the use of street cleaning park- 50 ing rule-related photo devices to the governor, the temporary president 51 of the senate, and the speaker of the assembly by April first, two thou- 52 sand twenty-six and every two years thereafter. The department of sani- 53 tation of the city of New York shall also make such reports available on 54 their public-facing websites, provided that they may provide aggregate 55 data from paragraph one of this subdivision if the city finds thatS. 8756--A 6 1 publishing specific location data would jeopardize public safety. Such 2 report shall include, but not be limited to: 3 1. a description of the locations and/or vehicles where street clean- 4 ing vehicle photo devices were used; 5 2. the total number of violations recorded on a monthly and annual 6 basis; 7 3. the total number of notices of liability issued; 8 4. the number of fines and total amount of fines paid after the first 9 notice of liability; 10 5. the number of violations adjudicated and results of such adjudi- 11 cations including breakdowns of dispositions made; 12 6. the total amount of revenue realized by such city and department 13 and an itemized list of expenditures made by the city and department 14 with these revenues; 15 7. the quality of the adjudication process and its results; 16 8. the total number of cameras by type of camera used; 17 9. the total cost to such city; and 18 10. a report on the number of miles of street cleaning routes cleaned 19 before and after implementation of the demonstration program. 20 (m) It shall be a defense to any prosecution for a violation of a 21 street cleaning parking rule pursuant to a demonstration program adopted 22 pursuant to this section that such street cleaning vehicle photo devices 23 were malfunctioning at the time of the alleged violation. 24 § 2. Subdivision 1 of section 235 of the vehicle and traffic law, as 25 amended by section 2 of part MM of chapter 56 of the laws of 2023, is 26 amended to read as follows: 27 1. Notwithstanding any inconsistent provision of any general, special 28 or local law or administrative code to the contrary, in any city which 29 heretofore or hereafter is authorized to establish an administrative 30 tribunal: (a) to hear and determine complaints of traffic infractions 31 constituting parking, standing or stopping violations, or (b) to adjudi- 32 cate the liability of owners for violations of subdivision (d) of 33 section eleven hundred eleven of this chapter imposed pursuant to a 34 local law or ordinance imposing monetary liability on the owner of a 35 vehicle for failure of an operator thereof to comply with traffic-con- 36 trol indications through the installation and operation of traffic-con- 37 trol signal photo violation-monitoring systems, in accordance with arti- 38 cle twenty-four of this chapter, or (c) to adjudicate the liability of 39 owners for violations of subdivision (b), (c), (d), (f) or (g) of 40 section eleven hundred eighty of this chapter imposed pursuant to a 41 demonstration program imposing monetary liability on the owner of a 42 vehicle for failure of an operator thereof to comply with such posted 43 maximum speed limits through the installation and operation of photo 44 speed violation monitoring systems, in accordance with article thirty of 45 this chapter, or (d) to adjudicate the liability of owners for 46 violations of bus lane restrictions as defined by article twenty-four of 47 this chapter imposed pursuant to a bus rapid transit program imposing 48 monetary liability on the owner of a vehicle for failure of an operator 49 thereof to comply with such bus lane restrictions through the installa- 50 tion and operation of bus lane photo devices, in accordance with article 51 twenty-four of this chapter, or (e) to adjudicate the liability of 52 owners for violations of toll collection regulations imposed by certain 53 public authorities pursuant to the law authorizing such public authori- 54 ties to impose monetary liability on the owner of a vehicle for failure 55 of an operator thereof to comply with toll collection regulations of 56 such public authorities through the installation and operation ofS. 8756--A 7 1 photo-monitoring systems, in accordance with the provisions of section 2 two thousand nine hundred eighty-five of the public authorities law and 3 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred 4 seventy-four of the laws of nineteen hundred fifty, or (f) to adjudicate 5 the liability of owners for violations of section eleven hundred seven- 6 ty-four of this chapter when meeting a school bus marked and equipped as 7 provided in subdivisions twenty and twenty-one-c of section three 8 hundred seventy-five of this chapter imposed pursuant to a local law or 9 ordinance imposing monetary liability on the owner of a vehicle for 10 failure of an operator thereof to comply with school bus red visual 11 signals through the installation and operation of school bus photo 12 violation monitoring systems, in accordance with article twenty-nine of 13 this chapter, or (g) to adjudicate the liability of owners for 14 violations of section three hundred eighty-five of this chapter and the 15 rules of the department of transportation of the city of New York in 16 relation to gross vehicle weight and/or axle weight violations imposed 17 pursuant to a weigh in motion demonstration program imposing monetary 18 liability on the owner of a vehicle for failure of an operator thereof 19 to comply with such gross vehicle weight and/or axle weight restrictions 20 through the installation and operation of weigh in motion violation 21 monitoring systems, in accordance with article ten of this chapter, or 22 (h) to adjudicate the liability of owners for violations of subdivision 23 (b), (d), (f) or (g) of section eleven hundred eighty of this chapter 24 imposed pursuant to a demonstration program imposing monetary liability 25 on the owner of a vehicle for failure of an operator thereof to comply 26 with such posted maximum speed limits within a highway construction or 27 maintenance work area through the installation and operation of photo 28 speed violation monitoring systems, in accordance with article thirty of 29 this chapter, or (i) to adjudicate the liability of owners for 30 violations of bus operation-related traffic regulations as defined by 31 article twenty-four of this chapter imposed pursuant to a demonstration 32 program imposing monetary liability on the owner of a vehicle for fail- 33 ure of an operator thereof to comply with such bus operation-related 34 traffic regulations through the installation and operation of bus opera- 35 tion-related photo devices, in accordance with article twenty-four of 36 this chapter, or (j) to adjudicate the liability of owners for 37 violations of street cleaning parking rules as defined by article twen- 38 ty-four of this chapter imposed pursuant to a program imposing monetary 39 liability on the owner of a vehicle for failure of an operator thereof 40 to comply with such street cleaning parking rules through the installa- 41 tion and operation of street cleaning vehicle photo devices, in accord- 42 ance with article twenty-four of this chapter, such tribunal and the 43 rules and regulations pertaining thereto shall be constituted in 44 substantial conformance with the following sections. 45 § 3. Subdivision 1 of section 236 of the vehicle and traffic law, as 46 amended by section 3 of part MM of chapter 56 of the laws of 2023, is 47 amended to read as follows: 48 1. Creation. In any city as hereinbefore or hereafter authorized such 49 tribunal when created shall be known as the parking violations bureau 50 and shall have jurisdiction of traffic infractions which constitute a 51 parking violation and, where authorized: (a) to adjudicate the liability 52 of owners for violations of subdivision (d) of section eleven hundred 53 eleven of this chapter imposed pursuant to a local law or ordinance 54 imposing monetary liability on the owner of a vehicle for failure of an 55 operator thereof to comply with traffic-control indications through the 56 installation and operation of traffic-control signal photo violation-S. 8756--A 8 1 monitoring systems, in accordance with article twenty-four of this chap- 2 ter, or (b) to adjudicate the liability of owners for violations of 3 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty 4 of this chapter imposed pursuant to a demonstration program imposing 5 monetary liability on the owner of a vehicle for failure of an operator 6 thereof to comply with such posted maximum speed limits through the 7 installation and operation of photo speed violation monitoring systems, 8 in accordance with article thirty of this chapter, or (c) to adjudicate 9 the liability of owners for violations of bus lane restrictions as 10 defined by article twenty-four of this chapter imposed pursuant to a bus 11 rapid transit program imposing monetary liability on the owner of a 12 vehicle for failure of an operator thereof to comply with such bus lane 13 restrictions through the installation and operation of bus lane photo 14 devices, in accordance with article twenty-four of this chapter, or (d) 15 to adjudicate the liability of owners for violations of toll collection 16 regulations imposed by certain public authorities pursuant to the law 17 authorizing such public authorities to impose monetary liability on the 18 owner of a vehicle for failure of an operator thereof to comply with 19 toll collection regulations of such public authorities through the 20 installation and operation of photo-monitoring systems, in accordance 21 with the provisions of section two thousand nine hundred eighty-five of 22 the public authorities law and sections sixteen-a, sixteen-b and 23 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen 24 hundred fifty, or (e) to adjudicate the liability of owners for 25 violations of section eleven hundred seventy-four of this chapter when 26 meeting a school bus marked and equipped as provided in subdivisions 27 twenty and twenty-one-c of section three hundred seventy-five of this 28 chapter imposed pursuant to a local law or ordinance imposing monetary 29 liability on the owner of a vehicle for failure of an operator thereof 30 to comply with school bus red visual signals through the installation 31 and operation of school bus photo violation monitoring systems, in 32 accordance with article twenty-nine of this chapter, or (f) to adjudi- 33 cate the liability of owners for violations of section three hundred 34 eighty-five of this chapter and the rules of the department of transpor- 35 tation of the city of New York in relation to gross vehicle weight 36 and/or axle weight violations imposed pursuant to a weigh in motion 37 demonstration program imposing monetary liability on the owner of a 38 vehicle for failure of an operator thereof to comply with such gross 39 vehicle weight and/or axle weight restrictions through the installation 40 and operation of weigh in motion violation monitoring systems, in 41 accordance with article ten of this chapter, or (g) to adjudicate the 42 liability of owners for violations of subdivision (b), (d), (f) or (g) 43 of section eleven hundred eighty of this chapter imposed pursuant to a 44 demonstration program imposing monetary liability on the owner of a 45 vehicle for failure of an operator thereof to comply with such posted 46 maximum speed limits within a highway construction or maintenance work 47 area through the installation and operation of photo speed violation 48 monitoring systems, in accordance with article thirty of this chapter, 49 or (h) to adjudicate the liability of owners for violations of bus oper- 50 ation-related traffic regulations as defined by article twenty-four of 51 this chapter imposed pursuant to a demonstration program imposing mone- 52 tary liability on the owner of a vehicle for failure of an operator 53 thereof to comply with such bus operation-related traffic regulations 54 through the installation and operation of bus operation-related photo 55 devices, in accordance with article twenty-four of this chapter, or (i) 56 to adjudicate the liability of owners for violations of street cleaningS. 8756--A 9 1 parking rules as defined by article twenty-four of this chapter 2 imposed pursuant to a program imposing monetary liability on the owner 3 of a vehicle for failure of an operator thereof to comply with 4 such street cleaning parking rules through the installation and opera- 5 tion of street cleaning vehicle photo devices, in accordance with arti- 6 cle twenty-four of this chapter. Such tribunal, except in a city with a 7 population of one million or more, shall also have jurisdiction of aban- 8 doned vehicle violations. For the purposes of this article, a parking 9 violation is the violation of any law, rule or regulation providing for 10 or regulating the parking, stopping or standing of a vehicle. In addi- 11 tion for purposes of this article, "commissioner" shall mean and include 12 the commissioner of traffic of the city or an official possessing 13 authority as such a commissioner. 14 § 4. Paragraph f of subdivision 1 of section 239 of the vehicle and 15 traffic law, as amended by section 4 of part MM of chapter 56 of the 16 laws of 2023, is amended to read as follows: 17 f. "Notice of violation" means a notice of violation as defined in 18 subdivision nine of section two hundred thirty-seven of this article, 19 but shall not be deemed to include a notice of liability issued pursuant 20 to authorization set forth in articles ten, twenty-four, twenty-nine and 21 thirty of this chapter, section two thousand nine hundred eighty-five of 22 the public authorities law and sections sixteen-a, sixteen-b and 23 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen 24 hundred fifty to impose monetary liability on the owner of a vehicle for 25 failure of an operator thereof: to comply with traffic-control indi- 26 cations in violation of subdivision (d) of section eleven hundred eleven 27 of this chapter through the installation and operation of traffic-con- 28 trol signal photo violation-monitoring systems, in accordance with arti- 29 cle twenty-four of this chapter; or to comply with certain posted maxi- 30 mum speed limits in violation of subdivision (b), (c), (d), (f) or (g) 31 of section eleven hundred eighty of this chapter through the installa- 32 tion and operation of photo speed violation monitoring systems, in 33 accordance with article thirty of this chapter; or to comply with bus 34 lane restrictions as defined by article twenty-four of this chapter 35 through the installation and operation of bus lane photo devices, in 36 accordance with article twenty-four of this chapter; or to comply with 37 toll collection regulations of certain public authorities through the 38 installation and operation of photo-monitoring systems, in accordance 39 with the provisions of section two thousand nine hundred eighty-five of 40 the public authorities law and sections sixteen-a, sixteen-b and 41 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen 42 hundred fifty; or to stop for a school bus displaying a red visual 43 signal in violation of section eleven hundred seventy-four of this chap- 44 ter through the installation and operation of school bus photo violation 45 monitoring systems, in accordance with article twenty-nine of this chap- 46 ter; or to comply with certain posted maximum speed limits in violation 47 of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of 48 this chapter within a highway construction or maintenance work area 49 through the installation and operation of photo speed violation monitor- 50 ing systems, in accordance with article thirty of this chapter; or to 51 comply with gross vehicle weight and/or axle weight restrictions in 52 violation of section three hundred eighty-five of this chapter and the 53 rules of the department of transportation of the city of New York 54 through the installation and operation of weigh in motion violation 55 monitoring systems, in accordance with article ten of this chapter; or 56 to comply with bus operation-related traffic regulations as defined byS. 8756--A 10 1 article twenty-four of this chapter in violation of the rules of the 2 department of transportation of the city of New York through the instal- 3 lation and operation of bus operation-related photo devices, in accord- 4 ance with article twenty-four of this chapter; or to comply with street 5 cleaning parking rules as defined by article twenty-four of this chapter 6 through the installation and operation of street cleaning vehicle photo 7 devices, in accordance with article twenty-four of this chapter. 8 § 5. Subdivisions 1, 1-a and the opening paragraph of paragraph (a) of 9 subdivision 1-b of section 240 of the vehicle and traffic law, as 10 amended by section 5 of part MM of chapter 56 of the laws of 2023, are 11 amended to read as follows: 12 1. Notice of hearing. Whenever a person charged with a parking 13 violation enters a plea of not guilty; or a person alleged to be liable 14 in accordance with any provisions of law specifically authorizing the 15 imposition of monetary liability on the owner of a vehicle for failure 16 of an operator thereof: to comply with traffic-control indications in 17 violation of subdivision (d) of section eleven hundred eleven of this 18 chapter through the installation and operation of traffic-control signal 19 photo violation-monitoring systems, in accordance with article twenty- 20 four of this chapter; or to comply with certain posted maximum speed 21 limits in violation of subdivision (b), (c), (d), (f) or (g) of section 22 eleven hundred eighty of this chapter through the installation and oper- 23 ation of photo speed violation monitoring systems, in accordance with 24 article thirty of this chapter; or to comply with bus lane restrictions 25 as defined by article twenty-four of this chapter through the installa- 26 tion and operation of bus lane photo devices, in accordance with article 27 twenty-four of this chapter; or to comply with toll collection regu- 28 lations of certain public authorities through the installation and oper- 29 ation of photo-monitoring systems, in accordance with the provisions of 30 section two thousand nine hundred eighty-five of the public authorities 31 law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven 32 hundred seventy-four of the laws of nineteen hundred fifty; or to stop 33 for a school bus displaying a red visual signal in violation of section 34 eleven hundred seventy-four of this chapter through the installation and 35 operation of school bus photo violation monitoring systems, in accord- 36 ance with article twenty-nine of this chapter; or to comply with certain 37 posted maximum speed limits in violation of subdivision (b), (d), (f) or 38 (g) of section eleven hundred eighty of this chapter within a highway 39 construction or maintenance work area through the installation and oper- 40 ation of photo speed violation monitoring systems, in accordance with 41 article thirty of this chapter; or to comply with gross vehicle weight 42 and/or axle weight restrictions in violation of section three hundred 43 eighty-five of this chapter and the rules of the department of transpor- 44 tation of the city of New York through the installation and operation of 45 weigh in motion violation monitoring systems, in accordance with article 46 ten of this chapter; or to comply with bus operation-related traffic 47 regulations as defined by article twenty-four of this chapter in 48 violation of the rules of the department of transportation of the city 49 of New York through the installation and operation of bus operation-re- 50 lated photo devices, in accordance with article twenty-four of this 51 chapter; or to comply with street cleaning parking rules as defined by 52 article twenty-four of this chapter through the installation and opera- 53 tion of street cleaning vehicle photo devices, in accordance with arti- 54 cle twenty-four of this chapter, contests such allegation, the bureau 55 shall advise such person personally by such form of first class mail as 56 the director may direct of the date on which [he or she] such personS. 8756--A 11 1 must appear to answer the charge at a hearing. The form and content of 2 such notice of hearing shall be prescribed by the director, and shall 3 contain a warning to advise the person so pleading or contesting that 4 failure to appear on the date designated, or on any subsequent adjourned 5 date, shall be deemed an admission of liability, and that a default 6 judgment may be entered thereon. 7 1-a. Fines and penalties. Whenever a plea of not guilty has been 8 entered, or the bureau has been notified that an allegation of liability 9 in accordance with provisions of law specifically authorizing the impo- 10 sition of monetary liability on the owner of a vehicle for failure of an 11 operator thereof: to comply with traffic-control indications in 12 violation of subdivision (d) of section eleven hundred eleven of this 13 chapter through the installation and operation of traffic-control signal 14 photo violation-monitoring systems, in accordance with article twenty- 15 four of this chapter; or to comply with certain posted maximum speed 16 limits in violation of subdivision (b), (c), (d), (f) or (g) of section 17 eleven hundred eighty of this chapter through the installation and oper- 18 ation of photo speed violation monitoring systems, in accordance with 19 article thirty of this chapter; or to comply with bus lane restrictions 20 as defined by article twenty-four of this chapter through the installa- 21 tion and operation of bus lane photo devices, in accordance with article 22 twenty-four of this chapter; or to comply with toll collection regu- 23 lations of certain public authorities through the installation and oper- 24 ation of photo-monitoring systems, in accordance with the provisions of 25 section two thousand nine hundred eighty-five of the public authorities 26 law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven 27 hundred seventy-four of the laws of nineteen hundred fifty; or to stop 28 for a school bus displaying a red visual signal in violation of section 29 eleven hundred seventy-four of this chapter through the installation and 30 operation of school bus photo violation monitoring systems, in accord- 31 ance with article twenty-nine of this chapter; or to comply with certain 32 posted maximum speed limits in violation of subdivision (b), (d), (f) or 33 (g) of section eleven hundred eighty of this chapter within a highway 34 construction or maintenance work area through the installation and oper- 35 ation of photo speed violation monitoring systems, in accordance with 36 article thirty of this chapter; or to comply with gross vehicle weight 37 and/or axle weight restrictions in violation of section three hundred 38 eighty-five of this chapter and the rules of the department of transpor- 39 tation of the city of New York through the installation and operation of 40 weigh in motion violation monitoring systems, in accordance with article 41 ten of this chapter; or to comply with bus operation-related traffic 42 regulations as defined by article twenty-four of this chapter in 43 violation of the rules of the department of transportation of the city 44 of New York through the installation and operation of bus operation-re- 45 lated photo devices, in accordance with article twenty-four of this 46 chapter; or to comply with street cleaning parking rules as defined by 47 article twenty-four of this chapter through the installation and opera- 48 tion of street cleaning vehicle photo devices, in accordance with arti- 49 cle twenty-four of this chapter, is being contested, by a person in a 50 timely fashion and a hearing upon the merits has been demanded, but has 51 not yet been held, the bureau shall not issue any notice of fine or 52 penalty to that person prior to the date of the hearing. 53 In a city having a population of one million or more, at every hearing 54 for the adjudication of a notice of liability, as provided by this arti- 55 cle, there shall be a rebuttable presumption that the owner of a first- 56 response emergency vehicle alleged to be liable in accordance with anyS. 8756--A 12 1 provisions of law specifically authorizing the imposition of monetary 2 liability on the owner of a vehicle for failure of an operator thereof: 3 to comply with traffic-control indications in violation of subdivision 4 (d) of section eleven hundred eleven of this chapter through the instal- 5 lation and operation of traffic-control signal photo violation-monitor- 6 ing systems, in accordance with article twenty-four of this chapter; or 7 to comply with certain posted maximum speed limits in violation of 8 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty 9 of this chapter through the installation and operation of photo speed 10 violation monitoring systems, in accordance with article thirty of this 11 chapter; or to comply with bus lane restrictions as defined by article 12 twenty-four of this chapter through the installation and operation of 13 bus lane photo devices, in accordance with article twenty-four of this 14 chapter; or to comply with bus operation-related traffic regulations as 15 defined by article twenty-four of this chapter in violation of the rules 16 of the department of transportation of the city of New York through the 17 installation and operation of bus operation-related photo devices, in 18 accordance with article twenty-four of this chapter; or to comply with 19 street cleaning parking rules as defined by article twenty-four of this 20 chapter through the installation and operation of street cleaning 21 vehicle photo devices, in accordance with article twenty-four of this 22 chapter is not liable for such alleged violation if such owner of the 23 first-response emergency vehicle provides the hearing officer with: 24 § 6. Paragraphs a and g of subdivision 2 of section 240 of the vehicle 25 and traffic law, as amended by section 6 of part MM of chapter 56 of the 26 laws of 2023, are amended to read as follows: 27 a. Every hearing for the adjudication of a charge of parking violation 28 or an allegation of liability of an owner for a violation of subdivision 29 (d) of section eleven hundred eleven of this chapter imposed pursuant to 30 a local law or ordinance imposing monetary liability on the owner of a 31 vehicle for failure of an operator thereof to comply with traffic-con- 32 trol indications through the installation and operation of traffic-con- 33 trol signal photo violation-monitoring systems, in accordance with arti- 34 cle twenty-four of this chapter, or an allegation of liability of an 35 owner for a violation of subdivision (b), (c), (d), (f) or (g) of 36 section eleven hundred eighty of this chapter imposed pursuant to a 37 demonstration program imposing monetary liability on the owner of a 38 vehicle for failure of an operator thereof to comply with certain posted 39 maximum speed limits through the installation and operation of photo 40 speed violation monitoring systems, in accordance with article thirty of 41 this chapter, or an allegation of liability of an owner for a violation 42 of bus lane restrictions as defined by article twenty-four of this chap- 43 ter imposed pursuant to a bus rapid transit program imposing monetary 44 liability on the owner of a vehicle for failure of an operator thereof 45 to comply with such bus lane restrictions through the installation and 46 operation of bus lane photo devices, in accordance with article twenty- 47 four of this chapter, or an allegation of liability of an owner for a 48 violation of toll collection regulations imposed by certain public 49 authorities pursuant to the law authorizing such public authorities to 50 impose monetary liability on the owner of a vehicle for failure of an 51 operator thereof to comply with toll collection regulations of such 52 public authorities through the installation and operation of photo-moni- 53 toring systems, in accordance with the provisions of section two thou- 54 sand nine hundred eighty-five of the public authorities law and sections 55 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four 56 of the laws of nineteen hundred fifty, or an allegation of liability ofS. 8756--A 13 1 an owner for a violation of section eleven hundred seventy-four of this 2 chapter when meeting a school bus marked and equipped as provided in 3 subdivisions twenty and twenty-one-c of section three hundred seventy- 4 five of this chapter imposed pursuant to a local law or ordinance impos- 5 ing monetary liability on the owner of a vehicle for failure of an oper- 6 ator thereof to comply with school bus red visual signals through the 7 installation and operation of school bus photo violation monitoring 8 systems, in accordance with article twenty-nine of this chapter, or an 9 allegation of liability of an owner for a violation of subdivision (b), 10 (d), (f) or (g) of section eleven hundred eighty of this chapter imposed 11 pursuant to a demonstration program imposing monetary liability on the 12 owner of a vehicle for failure of an operator thereof to comply with 13 certain posted maximum speed limits within a highway construction or 14 maintenance work area through the installation and operation of photo 15 speed violation monitoring systems, in accordance with article thirty of 16 this chapter, or an allegation of liability of an owner for a violation 17 of section three hundred eighty-five of this chapter and the rules of 18 the department of transportation of the city of New York in relation to 19 gross vehicle weight and/or axle weight violations imposed pursuant to a 20 weigh in motion demonstration program imposing monetary liability on the 21 owner of a vehicle for failure of an operator thereof to comply with 22 such gross vehicle weight and/or axle weight restrictions through the 23 installation and operation of weigh in motion violation monitoring 24 systems, in accordance with article ten of this chapter, or an allega- 25 tion of liability of an owner for a violation of bus operation-related 26 traffic regulations as defined by article twenty-four of this chapter 27 imposed pursuant to a demonstration program imposing monetary liability 28 on the owner of a vehicle for failure of an operator thereof to comply 29 with such bus operation-related traffic regulations through the instal- 30 lation and operation of bus operation-related photo devices, in accord- 31 ance with article twenty-four of this chapter, or an allegation of 32 liability of an owner for a violation of street cleaning parking rules 33 as defined by article twenty-four of this chapter imposed pursuant to a 34 program imposing monetary liability on the owner of a vehicle for fail- 35 ure of an operator thereof to comply with such street cleaning parking 36 rules through the installation and operation of street cleaning vehicle 37 photo devices, in accordance with article twenty-four of this chapter, 38 shall be held before a hearing examiner in accordance with rules and 39 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 any provisions of law 42 specifically authorizing the imposition of monetary liability on the 43 owner of a vehicle for failure of an operator thereof: to comply with 44 traffic-control indications in violation of subdivision (d) of section 45 eleven hundred eleven of this chapter through the installation and oper- 46 ation of traffic-control signal photo violation-monitoring systems, in 47 accordance with article twenty-four of this chapter; to comply with 48 certain posted maximum speed limits in violation of subdivision (b), 49 (c), (d), (f) or (g) of section eleven hundred eighty of this chapter 50 through the installation and operation of photo speed violation monitor- 51 ing systems, in accordance with article thirty of this chapter; to 52 comply with bus lane restrictions as defined by article twenty-four of 53 this chapter through the installation and operation of bus lane photo 54 devices, in accordance with article twenty-four of this chapter; to 55 comply with toll collection regulations of certain public authorities 56 through the installation and operation of photo-monitoring systems, inS. 8756--A 14 1 accordance with the provisions of section two thousand nine hundred 2 eighty-five of the public authorities law and sections sixteen-a, 3 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the 4 laws of nineteen hundred fifty; to stop for a school bus displaying a 5 red visual signal in violation of section eleven hundred seventy-four of 6 this chapter through the installation and operation of school bus photo 7 violation monitoring systems, in accordance with article twenty-nine of 8 this chapter; to comply with certain posted maximum speed limits in 9 violation of subdivision (b), (d), (f) or (g) of section eleven hundred 10 eighty of this chapter within a highway construction or maintenance work 11 area through the installation and operation of photo speed violation 12 monitoring systems, in accordance with article thirty of this chapter; 13 to comply with gross vehicle weight and/or axle weight restrictions in 14 violation of section three hundred eighty-five of this chapter and the 15 rules of the department of transportation of the city of New York 16 through the installation and operation of weigh in motion violation 17 monitoring systems, in accordance with article ten of this chapter; or 18 to comply with bus operation-related traffic regulations as defined by 19 article twenty-four of this chapter in violation of the rules of the 20 department of transportation of the city of New York through the instal- 21 lation and operation of bus operation-related photo devices, in accord- 22 ance with article twenty-four of this chapter; or to comply with street 23 cleaning parking rules as defined by article twenty-four of this chapter 24 through the installation and operation of street cleaning vehicle photo 25 devices, in accordance with article twenty-four of this chapter, is 26 contested. Recording devices may be used for the making of the record. 27 § 7. Subdivisions 1 and 2 of section 241 of the vehicle and traffic 28 law, as amended by section 7 of part MM of chapter 56 of the laws of 29 2023, are amended to read as follows: 30 1. The hearing examiner shall make a determination on the charges, 31 either sustaining or dismissing them. Where the hearing examiner deter- 32 mines that the charges have been sustained [he or she] such examiner may 33 examine either the prior parking violations record or the record of 34 liabilities incurred in accordance with any provisions of law specif- 35 ically authorizing the imposition of monetary liability on the owner of 36 a vehicle for failure of an operator thereof: to comply with traffic- 37 control indications in violation of subdivision (d) of section eleven 38 hundred eleven of this chapter through the installation and operation of 39 traffic-control signal photo violation-monitoring systems, in accordance 40 with article twenty-four of this chapter; to comply with certain posted 41 maximum speed limits in violation of subdivision (b), (c), (d), (f) or 42 (g) of section eleven hundred eighty of this chapter through the instal- 43 lation and operation of photo speed violation monitoring systems, in 44 accordance with article thirty of this chapter; to comply with bus lane 45 restrictions as defined by article twenty-four of this chapter through 46 the installation and operation of bus lane photo devices, in accordance 47 with article twenty-four of this chapter; to comply with toll collection 48 regulations of certain public authorities through the installation and 49 operation of photo-monitoring systems, in accordance with the provisions 50 of section two thousand nine hundred eighty-five of the public authori- 51 ties law and sections sixteen-a, sixteen-b and sixteen-c of chapter 52 seven hundred seventy-four of the laws of nineteen hundred fifty; to 53 stop for a school bus displaying a red visual signal in violation of 54 section eleven hundred seventy-four of this chapter through the instal- 55 lation and operation of school bus photo violation monitoring systems, 56 in accordance with article twenty-nine of this chapter; to comply withS. 8756--A 15 1 certain posted maximum speed limits in violation of subdivision (b), 2 (d), (f) or (g) of section eleven hundred eighty of this chapter within 3 a highway construction or maintenance work area through the installation 4 and operation of photo speed violation monitoring systems, in accordance 5 with article thirty of this chapter; to comply with gross vehicle weight 6 and/or axle weight restrictions in violation of section three hundred 7 eighty-five of this chapter and the rules of the department of transpor- 8 tation of the city of New York through the installation and operation of 9 weigh in motion violation monitoring systems, in accordance with article 10 ten of this chapter; [or] to comply with bus operation-related traffic 11 regulations as defined by article twenty-four of this chapter in 12 violation of the rules of the department of transportation of the city 13 of New York through the installation and operation of bus operation-re- 14 lated photo devices, in accordance with article twenty-four of this 15 chapter; or to comply with street cleaning parking rules as defined by 16 article twenty-four of this chapter through the installation and opera- 17 tion of street cleaning vehicle photo devices, in accordance with arti- 18 cle twenty-four of this chapter, of the person charged, as applicable 19 prior to rendering a final determination. Final determinations sustain- 20 ing or dismissing charges shall be entered on a final determination roll 21 maintained by the bureau together with records showing payment and 22 nonpayment of penalties. 23 2. Where an operator or owner fails to enter a plea to a charge of a 24 parking violation or contest an allegation of liability in accordance 25 with any provisions of law specifically authorizing the imposition of 26 monetary liability on the owner of a vehicle for failure of an operator 27 thereof: to comply with traffic-control indications in violation of 28 subdivision (d) of section eleven hundred eleven of this chapter through 29 the installation and operation of traffic-control signal photo viola- 30 tion-monitoring systems, in accordance with article twenty-four of this 31 chapter; to comply with certain posted maximum speed limits in violation 32 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred 33 eighty of this chapter through the installation and operation of photo 34 speed violation monitoring systems, in accordance with article thirty of 35 this chapter; to comply with bus lane restrictions as defined by article 36 twenty-four of this chapter through the installation and operation of 37 bus lane photo devices, in accordance with article twenty-four of this 38 chapter; to comply with toll collection regulations of certain public 39 authorities through the installation and operation of photo-monitoring 40 systems, in accordance with the provisions of section two thousand nine 41 hundred eighty-five of the public authorities law and sections 42 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four 43 of the laws of nineteen hundred fifty; to stop for a school bus display- 44 ing a red visual signal in violation of section eleven hundred seventy- 45 four of this chapter through the installation and operation of school 46 bus photo violation monitoring systems, in accordance with article twen- 47 ty-nine of this chapter; to comply with certain posted maximum speed 48 limits in violation of subdivision (b), (d), (f) or (g) of section elev- 49 en hundred eighty of this chapter within a highway construction or main- 50 tenance work area through the installation and operation of photo speed 51 violation monitoring systems, in accordance with article thirty of this 52 chapter; to comply with gross vehicle weight and/or axle weight 53 restrictions in violation of section three hundred eighty-five of this 54 chapter and the rules of the department of transportation of the city of 55 New York through the installation and operation of weigh in motion 56 violation monitoring systems, in accordance with article ten of thisS. 8756--A 16 1 chapter; [or] to comply with bus operation-related traffic regulations 2 as defined by article twenty-four of this chapter in violation of the 3 rules of the department of transportation of the city of New York 4 through the installation and operation of bus operation-related photo 5 devices, in accordance with article twenty-four of this chapter; or to 6 comply with street cleaning parking rules as defined by article twenty- 7 four of this chapter through the installation and operation of street 8 cleaning vehicle photo devices, in accordance with article twenty-four 9 of this chapter, or fails to appear on a designated hearing date or 10 subsequent adjourned date or fails after a hearing to comply with the 11 determination of a hearing examiner, as prescribed by this article or by 12 rule or regulation of the bureau, such failure to plead or contest, 13 appear or comply shall be deemed, for all purposes, an admission of 14 liability and shall be grounds for rendering and entering a default 15 judgment in an amount provided by the rules and regulations of the 16 bureau. However, after the expiration of the original date prescribed 17 for entering a plea and before a default judgment may be rendered, in 18 such case the bureau shall pursuant to the applicable provisions of law 19 notify such operator or owner, by such form of first class mail as the 20 commission may direct; (1) of the violation charged, or liability 21 alleged in accordance with any provisions of law specifically authoriz- 22 ing the imposition of monetary liability on the owner of a vehicle for 23 failure of an operator thereof: to comply with traffic-control indi- 24 cations in violation of subdivision (d) of section eleven hundred eleven 25 of this chapter through the installation and operation of traffic-con- 26 trol signal photo violation-monitoring systems, in accordance with arti- 27 cle twenty-four of this chapter; to comply with certain posted maximum 28 speed limits in violation of subdivision (b), (c), (d), (f) or (g) of 29 section eleven hundred eighty of this chapter through the installation 30 and operation of photo speed violation monitoring systems, in accordance 31 with article thirty of this chapter; to comply with bus lane 32 restrictions as defined by article twenty-four of this chapter through 33 the installation and operation of bus lane photo devices, in accordance 34 with article twenty-four of this chapter; to comply with toll collection 35 regulations of certain public authorities through the installation and 36 operation of photo-monitoring systems, in accordance with the provisions 37 of section two thousand nine hundred eighty-five of the public authori- 38 ties law and sections sixteen-a, sixteen-b and sixteen-c of chapter 39 seven hundred seventy-four of the laws of nineteen hundred fifty; to 40 stop for a school bus displaying a red visual signal in violation of 41 section eleven hundred seventy-four of this chapter through the instal- 42 lation and operation of school bus photo violation monitoring systems, 43 in accordance with article twenty-nine of this chapter; to comply with 44 certain posted maximum speed limits in violation of subdivision (b), 45 (d), (f) or (g) of section eleven hundred eighty of this chapter within 46 a highway construction or maintenance work area through the installation 47 and operation of photo speed violation monitoring systems, in accordance 48 with article thirty of this chapter; to comply with gross vehicle weight 49 and/or axle weight restrictions in violation of section three hundred 50 eighty-five of this chapter and the rules of the department of transpor- 51 tation of the city of New York through the installation and operation of 52 weigh in motion violation monitoring systems, in accordance with article 53 ten of this chapter; [or] to comply with bus operation-related traffic 54 regulations as defined by article twenty-four of this chapter in 55 violation of the rules of the department of transportation of the city 56 of New York through the installation and operation of bus operation-re-S. 8756--A 17 1 lated photo devices, in accordance with article twenty-four of this 2 chapter; or to comply with street cleaning parking rules as defined by 3 article twenty-four of this chapter through the installation and opera- 4 tion of street cleaning vehicle photo devices, in accordance with arti- 5 cle twenty-four of this chapter, (2) of the impending default judgment, 6 (3) that such judgment will be entered in the Civil Court of the city in 7 which the bureau has been established, or other court of civil jurisdic- 8 tion or any other place provided for the entry of civil judgments within 9 the state of New York, and (4) that a default may be avoided by entering 10 a plea or contesting an allegation of liability in accordance with any 11 provisions of law specifically authorizing the imposition of monetary 12 liability on the owner of a vehicle for failure of an operator thereof: 13 to comply with traffic-control indications in violation of subdivision 14 (d) of section eleven hundred eleven of this chapter through the instal- 15 lation and operation of traffic-control signal photo violation-monitor- 16 ing systems, in accordance with article twenty-four of this chapter; to 17 comply with certain posted maximum speed limits in violation of subdivi- 18 sion (b), (c), (d), (f) or (g) of section eleven hundred eighty of this 19 chapter through the installation and operation of photo speed violation 20 monitoring systems, in accordance with article thirty of this chapter; 21 to comply with bus lane restrictions as defined by article twenty-four 22 of this chapter through the installation and operation of bus lane photo 23 devices, in accordance with article twenty-four of this chapter; to 24 comply with toll collection regulations of certain public authorities 25 through the installation and operation of photo-monitoring systems, in 26 accordance with the provisions of section two thousand nine hundred 27 eighty-five of the public authorities law and sections sixteen-a, 28 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the 29 laws of nineteen hundred fifty; to stop for a school bus displaying a 30 red visual signal in violation of section eleven hundred seventy-four of 31 this chapter through the installation and operation of school bus photo 32 violation monitoring systems, in accordance with article twenty-nine of 33 this chapter; to comply with certain posted maximum speed limits in 34 violation of subdivision (b), (d), (f) or (g) of section eleven hundred 35 eighty of this chapter within a highway construction or maintenance work 36 area through the installation and operation of photo speed violation 37 monitoring systems, in accordance with article thirty of this chapter; 38 to comply with gross vehicle weight and/or axle weight restrictions in 39 violation of section three hundred eighty-five of this chapter and the 40 rules of the department of transportation of the city of New York 41 through the installation and operation of weigh in motion violation 42 monitoring systems, in accordance with article ten of this chapter; [or] 43 to comply with bus operation-related traffic regulations as defined by 44 article twenty-four of this chapter in violation of the rules of the 45 department of transportation of the city of New York through the instal- 46 lation and operation of bus operation-related photo devices, in accord- 47 ance with article twenty-four of this chapter; or to comply with street 48 cleaning parking rules as defined by article twenty-four of this chapter 49 through the installation and operation of street cleaning vehicle photo 50 devices, in accordance with article twenty-four of this chapter; or 51 making an appearance within thirty days of the sending of such notice. 52 Pleas entered and allegations contested within that period shall be in 53 the manner prescribed in the notice and not subject to additional penal- 54 ty or fee. Such notice of impending default judgment shall not be 55 required prior to the rendering and entry thereof in the case of opera- 56 tors or owners who are non-residents of the state of New York. In noS. 8756--A 18 1 case shall a default judgment be rendered or, where required, a notice 2 of impending default judgment be sent, more than two years after the 3 expiration of the time prescribed for entering a plea or contesting an 4 allegation. When a person has demanded a hearing, no fine or penalty 5 shall be imposed for any reason, prior to the holding of the hearing. If 6 the hearing examiner shall make a determination on the charges, sustain- 7 ing them, [he or she] such examiner shall impose no greater penalty or 8 fine than those upon which the person was originally charged. 9 § 8. Subparagraph (i) of paragraph a of subdivision 5-a of section 401 10 of the vehicle and traffic law, as amended by section 8 of part MM of 11 chapter 56 of the laws of 2023, is amended to read as follows: 12 (i) If at the time of application for a registration or renewal there- 13 of there is a certification from a court, parking violations bureau, 14 traffic and parking violations agency or administrative tribunal of 15 appropriate jurisdiction that the registrant or [his or her] their 16 representative failed to appear on the return date or any subsequent 17 adjourned date or failed to comply with the rules and regulations of an 18 administrative tribunal following entry of a final decision in response 19 to a total of three or more summonses or other process in the aggregate, 20 issued within an eighteen month period, charging either that: (i) such 21 motor vehicle was parked, stopped or standing, or that such motor vehi- 22 cle was operated for hire by the registrant or [his or her] their agent 23 without being licensed as a motor vehicle for hire by the appropriate 24 local authority, in violation of any of the provisions of this chapter 25 or of any law, ordinance, rule or regulation made by a local authority; 26 or (ii) the registrant was liable for a violation of subdivision (d) of 27 section eleven hundred eleven of this chapter imposed pursuant to a 28 local law or ordinance imposing monetary liability on the owner of a 29 vehicle for failure of an operator thereof to comply with traffic-con- 30 trol indications through the installation and operation of traffic-con- 31 trol signal photo violation-monitoring systems, in accordance with arti- 32 cle twenty-four of this chapter; or (iii) the registrant was liable for 33 a violation of subdivision (b), (c), (d), (f) or (g) of section eleven 34 hundred eighty of this chapter imposed pursuant to a demonstration 35 program imposing monetary liability on the owner of a vehicle for fail- 36 ure of an operator thereof to comply with such posted maximum speed 37 limits through the installation and operation of photo speed violation 38 monitoring systems, in accordance with article thirty of this chapter; 39 or (iv) the registrant was liable for a violation of bus lane 40 restrictions as defined by article twenty-four of this chapter imposed 41 pursuant to a bus rapid transit program imposing monetary liability on 42 the owner of a vehicle for failure of an operator thereof to comply with 43 such bus lane restrictions through the installation and operation of bus 44 lane photo devices, in accordance with article twenty-four of this chap- 45 ter; or (v) the registrant was liable for a violation of section eleven 46 hundred seventy-four of this chapter when meeting a school bus marked 47 and equipped as provided in subdivisions twenty and twenty-one-c of 48 section three hundred seventy-five of this chapter imposed pursuant to a 49 local law or ordinance imposing monetary liability on the owner of a 50 vehicle for failure of an operator thereof to comply with school bus red 51 visual signals through the installation and operation of school bus 52 photo violation monitoring systems, in accordance with article twenty- 53 nine of this chapter; or (vi) the registrant was liable for a violation 54 of section three hundred eighty-five of this chapter and the rules of 55 the department of transportation of the city of New York in relation to 56 gross vehicle weight and/or axle weight violations imposed pursuant to aS. 8756--A 19 1 weigh in motion demonstration program imposing monetary liability on the 2 owner of a vehicle for failure of an operator thereof to comply with 3 such gross vehicle weight and/or axle weight restrictions through the 4 installation and operation of weigh in motion violation monitoring 5 systems, in accordance with article ten of this chapter; or (vii) the 6 registrant was liable for a violation of subdivision (b), (d), (f) or 7 (g) of section eleven hundred eighty of this chapter imposed pursuant to 8 a demonstration program imposing monetary liability on the owner of a 9 vehicle for failure of an operator thereof to comply with such posted 10 maximum speed limits within a highway construction or maintenance work 11 area through the installation and operation of photo speed violation 12 monitoring systems, in accordance with article thirty of this 13 chapter[,]; or (viii) the registrant was liable for a violation of bus 14 operation-related traffic regulations as defined by article twenty-four 15 of this chapter imposed pursuant to a demonstration program imposing 16 monetary liability on the owner of a vehicle for failure of an operator 17 thereof to comply with such bus operation-related traffic regulations 18 through the installation and operation of bus operation-related photo 19 devices, in accordance with article twenty-four of this chapter[,]; or 20 (ix) the registrant was liable for a violation of street cleaning park- 21 ing rules as defined by article twenty-four of this chapter imposed 22 pursuant to a program imposing monetary liability on the owner of a 23 vehicle for failure of an operator thereof to comply with such street 24 cleaning parking rules through the installation and operation of street 25 cleaning vehicle photo devices, in accordance with article twenty-four 26 of this chapter, the commissioner or [his or her] their agent shall deny 27 the registration or renewal application until the applicant provides 28 proof from the court, traffic and parking violations agency or adminis- 29 trative tribunal wherein the charges are pending that an appearance or 30 answer has been made or in the case of an administrative tribunal that 31 [he or she] such applicant has complied with the rules and regulations 32 of said tribunal following entry of a final decision. Where an applica- 33 tion is denied pursuant to this section, the commissioner may, in [his34or her] their discretion, deny a registration or renewal application to 35 any other person for the same vehicle and may deny a registration or 36 renewal application for any other motor vehicle registered in the name 37 of the applicant where the commissioner has determined that such regis- 38 trant's intent has been to evade the purposes of this subdivision and 39 where the commissioner has reasonable grounds to believe that such 40 registration or renewal will have the effect of defeating the purposes 41 of this subdivision. Such denial shall only remain in effect as long as 42 the summonses remain unanswered, or in the case of an administrative 43 tribunal, the registrant fails to comply with the rules and regulations 44 following entry of a final decision. 45 § 9. Subdivision 1-a of section 1809 of the vehicle and traffic law, 46 as amended by section 9 of part MM of chapter 56 of the laws of 2023, is 47 amended to read as follows: 48 1-a. Notwithstanding the provisions of subdivision one of this 49 section, the provisions of subdivision one of this section shall not 50 apply to an adjudication of liability of owners: (a) for violations of 51 subdivision (d) of section eleven hundred eleven of this chapter imposed 52 pursuant to a local law or ordinance imposing monetary liability on the 53 owner of a vehicle for failure of an operator thereof to comply with 54 traffic-control indications through the installation and operation of 55 traffic-control signal photo violation-monitoring systems, in accordance 56 with article twenty-four of this chapter; or (b) for violations ofS. 8756--A 20 1 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty 2 of this chapter imposed pursuant to a demonstration program imposing 3 monetary liability on the owner of a vehicle for failure of an operator 4 thereof to comply with such posted maximum speed limits through the 5 installation and operation of photo speed violation monitoring systems, 6 in accordance with article thirty of this chapter; or (c) for violations 7 of bus lane restrictions as defined by article twenty-four of this chap- 8 ter imposed pursuant to a bus rapid transit program imposing monetary 9 liability on the owner of a vehicle for failure of an operator thereof 10 to comply with such bus lane restrictions through the installation and 11 operation of bus lane photo devices, in accordance with article twenty- 12 four of this chapter; or (d) for violations of toll collection regu- 13 lations imposed by certain public authorities pursuant to the law 14 authorizing such public authorities to impose monetary liability on the 15 owner of a vehicle for failure of an operator thereof to comply with 16 toll collection regulations of such public authorities through the 17 installation and operation of photo-monitoring systems, in accordance 18 with the provisions of section two thousand nine hundred eighty-five of 19 the public authorities law and sections sixteen-a, sixteen-b and 20 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen 21 hundred fifty; or (e) for violations of section eleven hundred seventy- 22 four of this chapter when meeting a school bus marked and equipped as 23 provided in subdivisions twenty and twenty-one-c of section three 24 hundred seventy-five of this chapter imposed pursuant to a local law or 25 ordinance imposing monetary liability on the owner of a vehicle for 26 failure of an operator thereof to comply with school bus red visual 27 signals through the installation and operation of school bus photo 28 violation monitoring systems, in accordance with article twenty-nine of 29 this chapter; or (f) for violations of section three hundred eighty-five 30 of this chapter and the rules of the department of transportation of the 31 city of New York in relation to gross vehicle weight and/or axle weight 32 violations imposed pursuant to a weigh in motion demonstration program 33 imposing monetary liability on the owner of a vehicle for failure of an 34 operator thereof to comply with such gross vehicle weight and/or axle 35 weight restrictions through the installation and operation of weigh in 36 motion violation monitoring systems, in accordance with article ten of 37 this chapter; or (g) for violations of subdivision (b), (d), (f) or (g) 38 of section eleven hundred eighty of this chapter imposed pursuant to a 39 demonstration program imposing monetary liability on the owner of a 40 vehicle for failure of an operator thereof to comply with such posted 41 maximum speed limits within a highway construction or maintenance work 42 area through the installation and operation of photo speed violation 43 monitoring systems, in accordance with article thirty of this chapter; 44 or (h) for violations of bus operation-related traffic regulations as 45 defined by article twenty-four of this chapter imposed pursuant to a 46 demonstration program imposing monetary liability on the owner of a 47 vehicle for failure of an operator thereof to comply with such bus oper- 48 ation-related traffic regulations through the installation and operation 49 of bus operation-related photo devices, in accordance with article twen- 50 ty-four of this chapter; or (i) for violations of street cleaning park- 51 ing rules as defined by article twenty-four of this chapter imposed 52 pursuant to a program imposing monetary liability on the owner of a 53 vehicle for failure of an operator thereof to comply with such street 54 cleaning parking rules through the installation and operation of street 55 cleaning vehicle photo devices, in accordance with article twenty-four 56 of this chapter.S. 8756--A 21 1 § 10. Subdivision 1 of section 1809-a of the vehicle and traffic law, 2 as amended by section 10 of part MM of chapter 56 of the laws of 2023, 3 is amended to read as follows: 4 1. The provisions of any other general or special law notwithstanding, 5 whenever, in a city having a population of one hundred thousand or more 6 according to the nineteen hundred eighty United States census, 7 proceedings in an administrative tribunal or a court result in a finding 8 of liability, or conviction for the violation of any statute, local law, 9 ordinance or rule involving the parking, stopping or standing of a motor 10 vehicle, except (a) an adjudication of liability of an owner for a 11 violation of bus operation-related traffic regulations as defined by 12 article twenty-four of this chapter imposed pursuant to a demonstration 13 program imposing monetary liability on the owner of a vehicle for fail- 14 ure of an operator thereof to comply with such bus operation-related 15 traffic regulations through the installation and operation of bus opera- 16 tion-related photo devices, in accordance with article twenty-four of 17 this chapter, or (b) an adjudication of liability of an owner for a 18 violation of street cleaning parking rules as defined by article twen- 19 ty-four of this chapter imposed pursuant to a program imposing monetary 20 liability on the owner of a vehicle for failure of an operator thereof 21 to comply with such street cleaning parking rules through the installa- 22 tion and operation of street cleaning vehicle photo devices, in accord- 23 ance with article twenty-four of this chapter, there shall be levied a 24 mandatory surcharge in addition to any other sentence, fine or penalty 25 otherwise permitted or required, in the amount of fifteen dollars. Such 26 surcharge shall not be deemed a monetary penalty for the purposes of 27 section two hundred thirty-seven of this chapter or section 19-203 of 28 the administrative code of the city of New York. 29 § 11. Subdivision 1 of section 1809-aa of the vehicle and traffic law, 30 as amended by section 11 of part MM of chapter 56 of the laws of 2023, 31 is amended to read as follows: 32 1. Notwithstanding any other provision of law, whenever proceedings in 33 an administrative tribunal or court result in a conviction for a 34 violation of section twelve hundred, twelve hundred one or twelve 35 hundred two of this chapter, except (a) an adjudication of liability of 36 an owner for a violation of bus operation-related traffic regulations as 37 defined by article twenty-four of this chapter imposed pursuant to a 38 demonstration program imposing monetary liability on the owner of a 39 vehicle for failure of an operator thereof to comply with such bus oper- 40 ation-related traffic regulations through the installation and operation 41 of bus operation-related photo devices, in accordance with article twen- 42 ty-four of this chapter, or (b) an adjudication of liability of an 43 owner for a violation of street cleaning parking rules as defined by 44 article twenty-four of this chapter imposed pursuant to a program 45 imposing monetary liability on the owner of a vehicle for failure 46 of an operator thereof to comply with such street cleaning parking rules 47 through the installation and operation of street cleaning vehicle photo 48 devices, in accordance with article twenty-four of this chapter, there 49 shall be levied a mandatory surcharge in addition to any other sentence, 50 fine or penalty otherwise permitted or required, in the amount of twen- 51 ty-five dollars. 52 § 12. Paragraph a of subdivision 1 of section 1809-e of the vehicle 53 and traffic law, as amended by section 12 of part MM of chapter 56 of 54 the laws of 2023, is amended to read as follows: 55 a. Notwithstanding any other provision of law, whenever proceedings in 56 a court or an administrative tribunal of this state result in aS. 8756--A 22 1 conviction for an offense under this chapter, except a conviction pursu- 2 ant to section eleven hundred ninety-two of this chapter, or for a traf- 3 fic infraction under this chapter, or a local law, ordinance, rule or 4 regulation adopted pursuant to this chapter, except: (i) a traffic 5 infraction involving standing, stopping, or parking or violations by 6 pedestrians or bicyclists; and (ii) an adjudication of liability of an 7 owner for a violation of subdivision (d) of section eleven hundred elev- 8 en of this chapter imposed pursuant to a local law or ordinance imposing 9 monetary liability on the owner of a vehicle for failure of an operator 10 thereof to comply with traffic-control indications through the installa- 11 tion and operation of traffic-control signal photo violation-monitoring 12 systems, in accordance with article twenty-four of this chapter; and 13 (iii) an adjudication of liability of an owner for a violation of subdi- 14 vision (b), (c), (d), (f) or (g) of section eleven hundred eighty of 15 this chapter imposed pursuant to a demonstration program imposing mone- 16 tary liability on the owner of a vehicle for failure of an operator 17 thereof to comply with such posted maximum speed limits through the 18 installation and operation of photo speed violation monitoring systems, 19 in accordance with article thirty of this chapter; and (iv) an adjudi- 20 cation of liability of an owner for a violation of bus lane restrictions 21 as defined by article twenty-four of this chapter imposed pursuant to a 22 bus rapid transit program imposing monetary liability on the owner of a 23 vehicle for failure of an operator thereof to comply with such bus lane 24 restrictions through the installation and operation of bus lane photo 25 devices, in accordance with article twenty-four of this chapter; and (v) 26 an adjudication of liability of an owner for a violation of toll 27 collection regulations imposed by certain public authorities pursuant to 28 the law authorizing such public authorities to impose monetary liability 29 on the owner of a vehicle for failure of an operator thereof to comply 30 with toll collection regulations of such public authorities through the 31 installation and operation of photo-monitoring systems, in accordance 32 with section two thousand nine hundred eighty-five of the public author- 33 ities law or sections sixteen-a, sixteen-b and sixteen-c of chapter 34 seven hundred seventy-four of the laws of nineteen hundred fifty; and 35 (vi) an adjudication of liability of an owner for a violation of section 36 eleven hundred seventy-four of this chapter when meeting a school bus 37 marked and equipped as provided in subdivisions twenty and twenty-one-c 38 of section three hundred seventy-five of this chapter imposed pursuant 39 to a local law or ordinance imposing monetary liability on the owner of 40 a vehicle for failure of an operator thereof to comply with school bus 41 red visual signals through the installation and operation of school bus 42 photo violation monitoring systems, in accordance with article twenty- 43 nine of this chapter; and (vii) an adjudication of liability of an owner 44 for a violation of section three hundred eighty-five of this chapter and 45 the rules of the department of transportation of the city of New York in 46 relation to gross vehicle weight and/or axle weight violations imposed 47 pursuant to a weigh in motion demonstration program imposing monetary 48 liability on the owner of a vehicle for failure of an operator thereof 49 to comply with such gross vehicle weight and/or axle weight restrictions 50 through the installation and operation of weigh in motion violation 51 monitoring systems, in accordance with article ten of this chapter; and 52 (viii) an adjudication of liability of an owner for a violation of 53 subdivision (b), (d), (f) or (g) of section eleven hundred eighty of 54 this chapter imposed pursuant to a demonstration program imposing mone- 55 tary liability on the owner of a vehicle for failure of an operator 56 thereof to comply with such posted maximum speed limits within a highwayS. 8756--A 23 1 construction or maintenance work area through the installation and oper- 2 ation of photo speed violation monitoring systems, in accordance with 3 article thirty of this chapter; and (ix) an adjudication of liability of 4 an owner for a violation of bus operation-related traffic regulations as 5 defined by article twenty-four of this chapter imposed pursuant to a 6 demonstration program imposing monetary liability on the owner of a 7 vehicle for failure of an operator thereof to comply with such bus oper- 8 ation-related traffic regulations through the installation and operation 9 of bus operation-related photo devices, in accordance with article twen- 10 ty-four of this chapter; and (x) an adjudication of liability of an 11 owner for a violation of street cleaning parking rules as defined by 12 article twenty-four of this chapter imposed pursuant to a program impos- 13 ing monetary liability on the owner of a vehicle for failure of an 14 operator thereof to comply with such street cleaning parking rules 15 through the installation and operation of street cleaning vehicle photo 16 devices, in accordance with article twenty-four of this chapter, there 17 shall be levied in addition to any sentence, penalty or other surcharge 18 required or permitted by law, an additional surcharge of twenty-eight 19 dollars. 20 § 13. Subdivision 2 of section 87 of the public officers law is 21 amended by adding a new paragraph (u) to read as follows: 22 (u) are photographs, microphotographs, videotape or other recorded 23 images prepared under authority of section eleven hundred eleven-h of 24 the vehicle and traffic law. 25 § 14. The purchase or lease of equipment for a demonstration program 26 established pursuant to section 1111-h of the vehicle and traffic law, 27 as added by section one of this act, shall be subject to the provisions 28 of section 103 of the general municipal law. 29 § 15. This act shall take effect one year after it shall have become a 30 law; provided, however, that sections one, thirteen and fourteen of this 31 act shall expire July 1, 2029, when upon such date the provisions of 32 such sections shall be deemed repealed; provided further, however, that: 33 (a) the amendments to subdivision 1 of section 1809-a of the vehicle 34 and traffic law made by section ten of this act shall not affect the 35 repeal of such section and shall be deemed repealed therewith; and 36 (b) effective immediately, the addition, amendment and/or repeal of 37 any rule or regulation necessary for the implementation of section one 38 of this act on its effective date are authorized to be made and 39 completed on or before such effective date.
