Bill Text: NY A08902 | 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 9-0)
Status: (Introduced) 2024-06-03 - print number 8902c [A08902 Detail]
Download: New_York-2023-A08902-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8902--C IN ASSEMBLY January 26, 2024 ___________ Introduced by M. of A. CUNNINGHAM, BICHOTTE HERMELYN, LEE, DAVILA, TAPIA, GONZALEZ-ROJAS, HYNDMAN, TAYLOR, BORES -- read once and referred to the Committee on Transportation -- recommitted to the Committee on Transportation in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said commit- tee with amendments, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee AN ACT to amend the vehicle and traffic law, in relation to owner liability for failure of an operator to comply with street cleaning parking rules; to amend the public officers law, in relation to access to records prepared pursuant to street cleaning parking rules; and providing for the repeal of certain provisions upon expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 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- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13521-11-4A. 8902--C 2 1 leges of street cleaning vehicle operators. Any street cleaning vehicle 2 photo device mounted on a street cleaning vehicle shall be directed 3 outwardly from such vehicle to capture images of vehicles operated in 4 violation of street cleaning parking rules, and images produced by such 5 device shall not be used for any other purpose in the absence of a court 6 order requiring such images to be produced. 7 3. No street cleaning vehicle photo device shall be used unless on the 8 day it is to be used it has successfully passed a self-test of its func- 9 tions. 10 4. (i) Such demonstration program shall utilize necessary technologies 11 to ensure, to the extent practicable, that photographs, microphoto- 12 graphs, videotape or other recorded images produced by such street 13 cleaning vehicle photo device shall not include images that identify the 14 driver, the passengers, or the contents of the vehicle. Provided, 15 however, that no notice of liability issued pursuant to this section 16 shall be dismissed solely because such a photograph, microphotograph, 17 videotape or other recorded image allows for the identification of the 18 driver, the passengers, or the contents of vehicles where the city shows 19 that it made reasonable efforts to comply with the provisions of this 20 paragraph in such case. 21 (ii) Photographs, microphotographs, videotape or any other recorded 22 image from a street cleaning vehicle photo device shall be for the 23 exclusive use of the city for the purpose of the adjudication of liabil- 24 ity imposed pursuant to this section and of the owner receiving a notice 25 of liability pursuant to this section, and shall be destroyed by the 26 city upon the final resolution of the notice of liability to which such 27 photographs, microphotographs, videotape or other recorded images 28 relate, or one year following the date of issuance of such notice of 29 liability, whichever is later. Notwithstanding the provisions of any 30 other law, rule or regulation to the contrary, photographs, microphoto- 31 graphs, videotape or any other recorded image from a street 32 cleaning vehicle photo device shall not be open to the public, nor 33 subject to civil or criminal process or discovery, nor used by any 34 court or administrative or adjudicatory body in any action or proceed- 35 ing therein except that which is necessary for the adjudication of a 36 notice of liability issued pursuant to this section, and no 37 public entity or employee, officer or agent thereof shall disclose 38 such information, except that such photographs, microphotographs, 39 videotape or any other recorded images from such devices: 40 (A) shall be available for inspection and copying and use by the motor 41 vehicle owner and operator for so long as such photographs, microphoto- 42 graphs, videotape or other recorded images are required to be maintained 43 or are maintained by such public entity, employee, officer or agent; and 44 (B) (1) shall be furnished when described in a search warrant issued 45 by a court authorized to issue such a search warrant pursuant to article 46 six hundred ninety of the criminal procedure law or a federal court 47 authorized to issue such a search warrant under federal law, where such 48 search warrant states that there is reasonable cause to believe such 49 information constitutes evidence of, or tends to demonstrate that, a 50 misdemeanor or felony offense was committed in this state or another 51 state, or that a particular person participated in the commission of a 52 misdemeanor or felony offense in this state or another state, provided, 53 however, that if such offense was against the laws of another state, the 54 court shall only issue a warrant if the conduct comprising such offense 55 would, if occurring in this state, constitute a misdemeanor or felony 56 against the laws of this state; andA. 8902--C 3 1 (2) shall be furnished in response to a subpoena duces tecum signed by 2 a judge of competent jurisdiction and issued pursuant to article six 3 hundred ten of the criminal procedure law or a judge or magistrate of a 4 federal court authorized to issue such a subpoena duces tecum under 5 federal law, where the judge finds and the subpoena states that there is 6 reasonable cause to believe such information is relevant and material to 7 the prosecution, or the defense, or the investigation by an authorized 8 law enforcement official, of the alleged commission of a misdemeanor or 9 felony in this state or another state, provided, however, that if such 10 offense was against the laws of another state, such judge or magistrate 11 shall only issue such subpoena if the conduct comprising such offense 12 would, if occurring in this state, constitute a misdemeanor or felony in 13 this state; and 14 (3) may, if lawfully obtained pursuant to this clause and clause (A) 15 of this subparagraph and otherwise admissible, be used in such criminal 16 action or proceeding. 17 5. Every street cleaning vehicle upon which a street cleaning vehicle 18 photo device is installed and operated pursuant to a demonstration 19 program authorized pursuant to this section shall be equipped with 20 signs, placards or other displays giving notice to approaching motor 21 vehicle operators that street cleaning vehicle photo devices are used to 22 enforce street cleaning parking rules. 23 6. Warning notices of violation shall be issued during the first sixty 24 days that street cleaning vehicle photo devices pursuant to a demon- 25 stration program authorized by this section are active and in operation. 26 7. The city of New York shall adopt and enforce measures: 27 (i) to upgrade signage at regular intervals within street cleaning 28 routes stating that street cleaning vehicle photo devices are used to 29 enforce street cleaning parking rules along such routes; and 30 (ii) to prohibit the use or dissemination of vehicles' license plate 31 information and other information and images captured by street cleaning 32 vehicle photo devices except: (A) as required to establish liability 33 under this section or collect payment of penalties; (B) as required by 34 court order; or (C) as otherwise required by law. 35 (b) If the city of New York has established a program pursuant to 36 subdivision (a) of this section, the owner of a vehicle shall be liable 37 for a penalty imposed pursuant to this section if such vehicle was 38 parked in violation of any street cleaning parking rule of such city and 39 such violation is evidenced by information obtained from a street clean- 40 ing vehicle photo device. 41 (c) For purposes of this section, the following terms shall have the 42 following meanings: 43 1. "Manual on uniform traffic control devices" or "MUTCD" shall mean 44 the manual and specifications for a uniform system of traffic control 45 devices maintained by the commissioner of transportation pursuant to 46 section sixteen hundred eighty of this chapter. 47 2. "Owner" shall have the meaning provided in article two-B of this 48 chapter. 49 3. "Street cleaning routes" shall mean street cleaning routes desig- 50 nated by the New York city department of sanitation that include 51 upgraded signage stating that street cleaning vehicle photo devices are 52 used to enforce street cleaning parking rules. 53 4. "Street cleaning parking rules" shall mean the prohibited parking 54 of any vehicle on one side of the street to allow for cleaning by the 55 New York city department of sanitation during designated time periods asA. 8902--C 4 1 posted by sign pursuant to the rules of the New York city department of 2 transportation. 3 5. "Street cleaning vehicle" shall mean any vehicle operated by the 4 New York city department of sanitation that is designed to wash dirt and 5 grime, and remove litter and debris, from the street surface. 6 6. "Street cleaning vehicle photo device" shall mean a device that is 7 mounted on a street cleaning vehicle, is capable of operating independ- 8 ently of an enforcement officer and produces one or more images of each 9 vehicle at the time it is in violation of street cleaning parking rules. 10 (d) A certificate, sworn to or affirmed by a technician employed by 11 the city of New York in which the charged violation occurred, or a 12 facsimile thereof, based upon inspection of photographs, microphoto- 13 graphs, videotape or other recorded images produced by a street cleaning 14 vehicle photo device, shall be prima facie evidence of the facts 15 contained therein. Any photographs, microphotographs, videotape or other 16 recorded images evidencing such a violation shall be available for 17 inspection in any proceeding to adjudicate the liability for such 18 violation pursuant to this section. 19 (e) An owner liable for a violation of a street cleaning parking rule 20 imposed on any route shall be liable for monetary penalties in accord- 21 ance with a schedule of fines and penalties promulgated by the parking 22 violations bureau of the city of New York; provided, however, that the 23 monetary penalty for violating a street cleaning parking rule shall not 24 exceed fifty dollars for each violation; provided, further, that an 25 owner shall be liable for an additional penalty not to exceed twenty- 26 five dollars for each violation for the failure to respond to a notice 27 of liability within the prescribed time period. 28 (f) An imposition of liability under the demonstration program estab- 29 lished pursuant to this section shall not be deemed a conviction as an 30 operator and shall not be made part of the operating record of the 31 person upon whom such liability is imposed nor shall it be used for 32 insurance purposes in the provision of motor vehicle insurance coverage. 33 (g) 1. A notice of liability shall be sent by first class mail to each 34 person alleged to be liable as an owner for a violation of a street 35 cleaning parking rule. Personal delivery on the owner shall not be 36 required. A manual or automatic record of mailing prepared in the ordi- 37 nary course of business shall be prima facie evidence of the facts 38 contained therein. 39 2. A notice of liability shall contain the name and address of the 40 person alleged to be liable as an owner for violation of a street clean- 41 ing parking rule, the registration number of the vehicle involved in 42 such violation, the location where such violation took place including 43 the street or cross streets, one or more images identifying the 44 violation, the date and time of such violation and the identification 45 number of the street cleaning vehicle photo device that recorded the 46 violation or other document locator number. 47 3. The notice of liability shall contain information advising the 48 person charged of the manner and the time in which such person may 49 contest the liability alleged in the notice. Such notice of liability 50 shall also contain a warning to advise the person charged that failure 51 to contest in the manner and time provided shall be deemed an admission 52 of liability and that a default judgment may be entered thereon. 53 4. The notice of liability shall be prepared and mailed by the agency 54 or agencies designated by the city of New York, or any other entity 55 authorized by such city to prepare and mail such notification of 56 violation.A. 8902--C 5 1 5. Adjudication of the liability imposed upon owners by this section 2 shall be by the New York city parking violations bureau. 3 (h) If an owner of a vehicle receives a notice of liability pursuant 4 to this section for any time period during which the vehicle was 5 reported to the police department as having been stolen, it shall be a 6 valid defense to an allegation of liability for violation of a street 7 cleaning parking rule of such city, that the vehicle had been reported 8 to the police as stolen prior to the time the violation occurred and had 9 not been recovered by such time. For purposes of asserting the defense 10 provided by this subdivision it shall be sufficient that a certified 11 copy of the police report on the stolen vehicle be sent by first class 12 mail to the parking violations bureau. 13 (i) 1. An owner who is a lessor of a vehicle to which a notice of 14 liability was issued pursuant to subdivision (g) of this section shall 15 not be liable for the violation of the street cleaning parking rule, 16 provided that: 17 (i) prior to the violation, the lessor has filed with such parking 18 violations bureau in accordance with the provisions of section two 19 hundred thirty-nine of this chapter; and 20 (ii) within thirty-seven days after receiving notice from such bureau 21 of the date and time of such liability, together with the other informa- 22 tion contained in the original notice of liability, the lessor submits 23 to such bureau the correct name and address of the lessee of the vehicle 24 identified in the notice of liability at the time of such violation, 25 together with such other additional information contained in the rental, 26 lease or other contract document, as may be reasonably required by such 27 bureau pursuant to regulations that may be promulgated for such purpose. 28 2. Failure to comply with subparagraph (ii) of paragraph one of this 29 subdivision shall render the lessor liable for the penalty prescribed in 30 this section. 31 3. Where the lessor complies with the provisions of paragraph one of 32 this subdivision, the lessee of such vehicle on the date of such 33 violation shall be deemed to be the owner of such vehicle for purposes 34 of this section, shall be subject to liability for such violation pursu- 35 ant to this section, and shall be sent a notice of liability pursuant to 36 subdivision (g) of this section. 37 (j) 1. If the owner liable for a violation of a street cleaning park- 38 ing rule pursuant to this section was not the operator of the vehicle 39 at the time of such violation, the owner may maintain an action for 40 indemnification against the operator. 41 2. Notwithstanding any other provision of this section, no owner of a 42 vehicle shall be subject to a monetary fine imposed pursuant to this 43 section if the operator of such vehicle was operating such vehicle with- 44 out the consent of the owner at the time such operator failed to obey a 45 street cleaning parking rule. For purposes of this subdivision there 46 shall be a presumption that the operator of such vehicle was operating 47 such vehicle with the consent of the owner at the time such operator 48 failed to obey a street cleaning parking rule. 49 (k) Nothing in this section shall be construed to limit the liability 50 of an operator of a vehicle for any violation of a street cleaning park- 51 ing rule. 52 (l) If the city of New York adopts a demonstration program pursuant to 53 subdivision (a) of this section, such city's department of sanitation 54 shall submit a report on the results of the use of street cleaning park- 55 ing rule-related photo devices to the governor, the temporary president 56 of the senate, and the speaker of the assembly by April first, two thou-A. 8902--C 6 1 sand twenty-six and every two years thereafter. The department of sani- 2 tation of the city of New York shall also make such reports available on 3 their public-facing websites, provided that they may provide aggregate 4 data from paragraph one of this subdivision if the city finds that 5 publishing specific location data would jeopardize public safety. Such 6 report shall include, but not be limited to: 7 1. a description of the locations and/or vehicles where street clean- 8 ing vehicle photo devices were used; 9 2. the total number of violations recorded on a monthly and annual 10 basis; 11 3. the total number of notices of liability issued; 12 4. the number of fines and total amount of fines paid after the first 13 notice of liability; 14 5. the number of violations adjudicated and results of such adjudi- 15 cations including breakdowns of dispositions made; 16 6. the total amount of revenue realized by such city and department 17 and an itemized list of expenditures made by the city and department 18 with these revenues; 19 7. the quality of the adjudication process and its results; 20 8. the total number of cameras by type of camera used; 21 9. the total cost to such city; and 22 10. a report on the number of miles of street cleaning routes cleaned 23 before and after implementation of the demonstration program. 24 (m) It shall be a defense to any prosecution for a violation of a 25 street cleaning parking rule pursuant to a demonstration program adopted 26 pursuant to this section that such street cleaning vehicle photo devices 27 were malfunctioning at the time of the alleged violation. 28 § 2. Subdivision 1 of section 235 of the vehicle and traffic law, as 29 amended by section 2 of part MM of chapter 56 of the laws of 2023, is 30 amended to read as follows: 31 1. Notwithstanding any inconsistent provision of any general, special 32 or local law or administrative code to the contrary, in any city which 33 heretofore or hereafter is authorized to establish an administrative 34 tribunal: (a) to hear and determine complaints of traffic infractions 35 constituting parking, standing or stopping violations, or (b) to adjudi- 36 cate the liability of owners for violations of subdivision (d) of 37 section eleven hundred eleven of this chapter imposed pursuant to a 38 local law or ordinance imposing monetary liability on the owner of a 39 vehicle for failure of an operator thereof to comply with traffic-con- 40 trol indications through the installation and operation of traffic-con- 41 trol signal photo violation-monitoring systems, in accordance with arti- 42 cle twenty-four of this chapter, or (c) to adjudicate the liability of 43 owners for violations of subdivision (b), (c), (d), (f) or (g) of 44 section eleven hundred eighty of this chapter imposed pursuant to a 45 demonstration program imposing monetary liability on the owner of a 46 vehicle for failure of an operator thereof to comply with such posted 47 maximum speed limits through the installation and operation of photo 48 speed violation monitoring systems, in accordance with article thirty of 49 this chapter, or (d) to adjudicate the liability of owners for 50 violations of bus lane restrictions as defined by article twenty-four of 51 this chapter imposed pursuant to a bus rapid transit program imposing 52 monetary liability on the owner of a vehicle for failure of an operator 53 thereof to comply with such bus lane restrictions through the installa- 54 tion and operation of bus lane photo devices, in accordance with article 55 twenty-four of this chapter, or (e) to adjudicate the liability of 56 owners for violations of toll collection regulations imposed by certainA. 8902--C 7 1 public authorities pursuant to the law authorizing such public authori- 2 ties to impose monetary liability on the owner of a vehicle for failure 3 of an operator thereof to comply with toll collection regulations of 4 such public authorities through the installation and operation of 5 photo-monitoring systems, in accordance with the provisions of section 6 two thousand nine hundred eighty-five of the public authorities law and 7 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred 8 seventy-four of the laws of nineteen hundred fifty, or (f) to adjudicate 9 the liability of owners for violations of section eleven hundred seven- 10 ty-four of this chapter when meeting a school bus marked and equipped as 11 provided in subdivisions twenty and twenty-one-c of section three 12 hundred seventy-five of this chapter imposed pursuant to a local law or 13 ordinance imposing monetary liability on the owner of a vehicle for 14 failure of an operator thereof to comply with school bus red visual 15 signals through the installation and operation of school bus photo 16 violation monitoring systems, in accordance with article twenty-nine of 17 this chapter, or (g) to adjudicate the liability of owners for 18 violations of section three hundred eighty-five of this chapter and the 19 rules of the department of transportation of the city of New York in 20 relation to gross vehicle weight and/or axle weight violations imposed 21 pursuant to a weigh in motion demonstration program imposing monetary 22 liability on the owner of a vehicle for failure of an operator thereof 23 to comply with such gross vehicle weight and/or axle weight restrictions 24 through the installation and operation of weigh in motion violation 25 monitoring systems, in accordance with article ten of this chapter, or 26 (h) to adjudicate the liability of owners for violations of subdivision 27 (b), (d), (f) or (g) of section eleven hundred eighty of this chapter 28 imposed pursuant to a demonstration program imposing monetary liability 29 on the owner of a vehicle for failure of an operator thereof to comply 30 with such posted maximum speed limits within a highway construction or 31 maintenance work area through the installation and operation of photo 32 speed violation monitoring systems, in accordance with article thirty of 33 this chapter, or (i) to adjudicate the liability of owners for 34 violations of bus operation-related traffic regulations as defined by 35 article twenty-four of this chapter imposed pursuant to a demonstration 36 program imposing monetary liability on the owner of a vehicle for fail- 37 ure of an operator thereof to comply with such bus operation-related 38 traffic regulations through the installation and operation of bus opera- 39 tion-related photo devices, in accordance with article twenty-four of 40 this chapter, or (j) to adjudicate the liability of owners for 41 violations of street cleaning parking rules as defined by article twen- 42 ty-four of this chapter imposed pursuant to a program imposing monetary 43 liability on the owner of a vehicle for failure of an operator thereof 44 to comply with such street cleaning parking rules through the installa- 45 tion and operation of street cleaning vehicle photo devices, in accord- 46 ance with article twenty-four of this chapter, such tribunal and the 47 rules and regulations pertaining thereto shall be constituted in 48 substantial conformance with the following sections. 49 § 3. Subdivision 1 of section 236 of the vehicle and traffic law, as 50 amended by section 3 of part MM of chapter 56 of the laws of 2023, is 51 amended to read as follows: 52 1. Creation. In any city as hereinbefore or hereafter authorized such 53 tribunal when created shall be known as the parking violations bureau 54 and shall have jurisdiction of traffic infractions which constitute a 55 parking violation and, where authorized: (a) to adjudicate the liability 56 of owners for violations of subdivision (d) of section eleven hundredA. 8902--C 8 1 eleven of this chapter imposed pursuant to a local law or ordinance 2 imposing monetary liability on the owner of a vehicle for failure of an 3 operator thereof to comply with traffic-control indications through the 4 installation and operation of traffic-control signal photo violation- 5 monitoring systems, in accordance with article twenty-four of this chap- 6 ter, or (b) to adjudicate the liability of owners for violations of 7 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty 8 of this chapter imposed pursuant to a demonstration program imposing 9 monetary liability on the owner of a vehicle for failure of an operator 10 thereof to comply with such posted maximum speed limits through the 11 installation and operation of photo speed violation monitoring systems, 12 in accordance with article thirty of this chapter, or (c) to adjudicate 13 the liability of owners for violations of bus lane restrictions as 14 defined by article twenty-four of this chapter imposed pursuant to a bus 15 rapid transit program imposing monetary liability on the owner of a 16 vehicle for failure of an operator thereof to comply with such bus lane 17 restrictions through the installation and operation of bus lane photo 18 devices, in accordance with article twenty-four of this chapter, or (d) 19 to adjudicate the liability of owners for violations of toll collection 20 regulations imposed by certain public authorities pursuant to the law 21 authorizing such public authorities to impose monetary liability on the 22 owner of a vehicle for failure of an operator thereof to comply with 23 toll collection regulations of such public authorities through the 24 installation and operation of photo-monitoring systems, in accordance 25 with the provisions of section two thousand nine hundred eighty-five of 26 the public authorities law and sections sixteen-a, sixteen-b and 27 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen 28 hundred fifty, or (e) to adjudicate the liability of owners for 29 violations of section eleven hundred seventy-four of this chapter when 30 meeting a school bus marked and equipped as provided in subdivisions 31 twenty and twenty-one-c of section three hundred seventy-five of this 32 chapter imposed pursuant to a local law or ordinance imposing monetary 33 liability on the owner of a vehicle for failure of an operator thereof 34 to comply with school bus red visual signals through the installation 35 and operation of school bus photo violation monitoring systems, in 36 accordance with article twenty-nine of this chapter, or (f) to adjudi- 37 cate the liability of owners for violations 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 in relation to gross vehicle weight 40 and/or axle weight violations imposed pursuant to a weigh in motion 41 demonstration program imposing monetary liability on the owner of a 42 vehicle for failure of an operator thereof to comply with such gross 43 vehicle weight and/or axle weight restrictions through the installation 44 and operation of weigh in motion violation monitoring systems, in 45 accordance with article ten of this chapter, or (g) to adjudicate the 46 liability of owners for violations of subdivision (b), (d), (f) or (g) 47 of section eleven hundred eighty of this chapter imposed pursuant to a 48 demonstration program imposing monetary liability on the owner of a 49 vehicle for failure of an operator thereof to comply with such posted 50 maximum speed limits within a highway construction or maintenance work 51 area through the installation and operation of photo speed violation 52 monitoring systems, in accordance with article thirty of this chapter, 53 or (h) to adjudicate the liability of owners for violations of bus oper- 54 ation-related traffic regulations as defined by article twenty-four of 55 this chapter imposed pursuant to a demonstration program imposing mone- 56 tary liability on the owner of a vehicle for failure of an operatorA. 8902--C 9 1 thereof to comply with such bus operation-related traffic regulations 2 through the installation and operation of bus operation-related photo 3 devices, in accordance with article twenty-four of this chapter, or (i) 4 to adjudicate the liability of owners for violations of street cleaning 5 parking rules as defined by article twenty-four of this chapter 6 imposed pursuant to a program imposing monetary liability on the owner 7 of a vehicle for failure of an operator thereof to comply with 8 such street cleaning parking rules through the installation and opera- 9 tion of street cleaning vehicle photo devices, in accordance with arti- 10 cle twenty-four of this chapter. Such tribunal, except in a city with a 11 population of one million or more, shall also have jurisdiction of aban- 12 doned vehicle violations. For the purposes of this article, a parking 13 violation is the violation of any law, rule or regulation providing for 14 or regulating the parking, stopping or standing of a vehicle. In addi- 15 tion for purposes of this article, "commissioner" shall mean and include 16 the commissioner of traffic of the city or an official possessing 17 authority as such a commissioner. 18 § 4. Paragraph f of subdivision 1 of section 239 of the vehicle and 19 traffic law, as amended by section 4 of part MM of chapter 56 of the 20 laws of 2023, is amended to read as follows: 21 f. "Notice of violation" means a notice of violation as defined in 22 subdivision nine of section two hundred thirty-seven of this article, 23 but shall not be deemed to include a notice of liability issued pursuant 24 to authorization set forth in articles ten, twenty-four, twenty-nine and 25 thirty of this chapter, section two thousand nine hundred eighty-five of 26 the public authorities law and sections sixteen-a, sixteen-b and 27 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen 28 hundred fifty to impose monetary liability on the owner of a vehicle for 29 failure of an operator thereof: to comply with traffic-control indi- 30 cations in violation of subdivision (d) of section eleven hundred eleven 31 of this chapter through the installation and operation of traffic-con- 32 trol signal photo violation-monitoring systems, in accordance with arti- 33 cle twenty-four of this chapter; or to comply with certain posted maxi- 34 mum speed limits in violation of subdivision (b), (c), (d), (f) or (g) 35 of section eleven hundred eighty of this chapter through the installa- 36 tion and operation of photo speed violation monitoring systems, in 37 accordance with article thirty of this chapter; or to comply with bus 38 lane restrictions as defined by article twenty-four of this chapter 39 through the installation and operation of bus lane photo devices, in 40 accordance with article twenty-four of this chapter; or to comply with 41 toll collection regulations of certain public authorities through the 42 installation and operation of photo-monitoring systems, in accordance 43 with the provisions of section two thousand nine hundred eighty-five of 44 the public authorities law and sections sixteen-a, sixteen-b and 45 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen 46 hundred fifty; or to stop for a school bus displaying a red visual 47 signal in violation of section eleven hundred seventy-four of this chap- 48 ter through the installation and operation of school bus photo violation 49 monitoring systems, in accordance with article twenty-nine of this chap- 50 ter; or to comply with certain posted maximum speed limits in violation 51 of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of 52 this chapter within a highway construction or maintenance work area 53 through the installation and operation of photo speed violation monitor- 54 ing systems, in accordance with article thirty of this chapter; or to 55 comply with gross vehicle weight and/or axle weight restrictions in 56 violation of section three hundred eighty-five of this chapter and theA. 8902--C 10 1 rules of the department of transportation of the city of New York 2 through the installation and operation of weigh in motion violation 3 monitoring systems, in accordance with article ten of this chapter; or 4 to comply with bus operation-related traffic regulations as defined by 5 article twenty-four of this chapter in violation of the rules of the 6 department of transportation of the city of New York through the instal- 7 lation and operation of bus operation-related photo devices, in accord- 8 ance with article twenty-four of this chapter; or to comply with street 9 cleaning parking rules as defined by article twenty-four of this chapter 10 through the installation and operation of street cleaning vehicle photo 11 devices, in accordance with article twenty-four of this chapter. 12 § 5. Subdivisions 1, 1-a and the opening paragraph of paragraph (a) of 13 subdivision 1-b of section 240 of the vehicle and traffic law, as 14 amended by section 5 of part MM of chapter 56 of the laws of 2023, are 15 amended to read as follows: 16 1. Notice of hearing. Whenever a person charged with a parking 17 violation enters a plea of not guilty; or a person alleged to be liable 18 in accordance with any provisions of law specifically authorizing the 19 imposition of monetary liability on the owner of a vehicle for failure 20 of an operator thereof: to comply with traffic-control indications in 21 violation of subdivision (d) of section eleven hundred eleven of this 22 chapter through the installation and operation of traffic-control signal 23 photo violation-monitoring systems, in accordance with article twenty- 24 four of this chapter; or to comply with certain posted maximum speed 25 limits in violation of subdivision (b), (c), (d), (f) or (g) of section 26 eleven hundred eighty of this chapter through the installation and oper- 27 ation of photo speed violation monitoring systems, in accordance with 28 article thirty of this chapter; or to comply with bus lane restrictions 29 as defined by article twenty-four of this chapter through the installa- 30 tion and operation of bus lane photo devices, in accordance with article 31 twenty-four of this chapter; or to comply with toll collection regu- 32 lations of certain public authorities through the installation and oper- 33 ation of photo-monitoring systems, in accordance with the provisions of 34 section two thousand nine hundred eighty-five of the public authorities 35 law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven 36 hundred seventy-four of the laws of nineteen hundred fifty; or to stop 37 for a school bus displaying a red visual signal in violation of section 38 eleven hundred seventy-four of this chapter through the installation and 39 operation of school bus photo violation monitoring systems, in accord- 40 ance with article twenty-nine of this chapter; or to comply with certain 41 posted maximum speed limits in violation of subdivision (b), (d), (f) or 42 (g) of section eleven hundred eighty of this chapter within a highway 43 construction or maintenance work area through the installation and oper- 44 ation of photo speed violation monitoring systems, in accordance with 45 article thirty of this chapter; or to comply with gross vehicle weight 46 and/or axle weight restrictions in violation of section three hundred 47 eighty-five of this chapter and the rules of the department of transpor- 48 tation of the city of New York through the installation and operation of 49 weigh in motion violation monitoring systems, in accordance with article 50 ten of this chapter; or to comply with bus operation-related traffic 51 regulations as defined by article twenty-four of this chapter in 52 violation of the rules of the department of transportation of the city 53 of New York through the installation and operation of bus operation-re- 54 lated photo devices, in accordance with article twenty-four of this 55 chapter; or to comply with street cleaning parking rules as defined by 56 article twenty-four of this chapter through the installation and opera-A. 8902--C 11 1 tion of street cleaning vehicle photo devices, in accordance with arti- 2 cle twenty-four of this chapter, contests such allegation, the bureau 3 shall advise such person personally by such form of first class mail as 4 the director may direct of the date on which [he or she] such person 5 must appear to answer the charge at a hearing. The form and content of 6 such notice of hearing shall be prescribed by the director, and shall 7 contain a warning to advise the person so pleading or contesting that 8 failure to appear on the date designated, or on any subsequent adjourned 9 date, shall be deemed an admission of liability, and that a default 10 judgment may be entered thereon. 11 1-a. Fines and penalties. Whenever a plea of not guilty has been 12 entered, or the bureau has been notified that an allegation of liability 13 in accordance with provisions of law specifically authorizing the impo- 14 sition of monetary liability on the owner of a vehicle for failure of an 15 operator thereof: to comply with traffic-control indications in 16 violation of subdivision (d) of section eleven hundred eleven of this 17 chapter through the installation and operation of traffic-control signal 18 photo violation-monitoring systems, in accordance with article twenty- 19 four of this chapter; or to comply with certain posted maximum speed 20 limits in violation of subdivision (b), (c), (d), (f) or (g) of section 21 eleven hundred eighty of this chapter through the installation and oper- 22 ation of photo speed violation monitoring systems, in accordance with 23 article thirty of this chapter; or to comply with bus lane restrictions 24 as defined by article twenty-four of this chapter through the installa- 25 tion and operation of bus lane photo devices, in accordance with article 26 twenty-four of this chapter; or to comply with toll collection regu- 27 lations of certain public authorities through the installation and oper- 28 ation of photo-monitoring systems, in accordance with the provisions of 29 section two thousand nine hundred eighty-five of the public authorities 30 law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven 31 hundred seventy-four of the laws of nineteen hundred fifty; or to stop 32 for a school bus displaying a red visual signal in violation of section 33 eleven hundred seventy-four of this chapter through the installation and 34 operation of school bus photo violation monitoring systems, in accord- 35 ance with article twenty-nine of this chapter; or to comply with certain 36 posted maximum speed limits in violation of subdivision (b), (d), (f) or 37 (g) of section eleven hundred eighty of this chapter within a highway 38 construction or maintenance work area through the installation and oper- 39 ation of photo speed violation monitoring systems, in accordance with 40 article thirty of this chapter; or to comply with gross vehicle weight 41 and/or axle weight restrictions in violation of section three hundred 42 eighty-five of this chapter and the rules of the department of transpor- 43 tation of the city of New York through the installation and operation of 44 weigh in motion violation monitoring systems, in accordance with article 45 ten of this chapter; or to comply with bus operation-related traffic 46 regulations as defined by article twenty-four of this chapter in 47 violation of the rules of the department of transportation of the city 48 of New York through the installation and operation of bus operation-re- 49 lated photo devices, in accordance with article twenty-four of this 50 chapter; or to comply with street cleaning parking rules as defined by 51 article twenty-four of this chapter through the installation and opera- 52 tion of street cleaning vehicle photo devices, in accordance with arti- 53 cle twenty-four of this chapter, is being contested, by a person in a 54 timely fashion and a hearing upon the merits has been demanded, but has 55 not yet been held, the bureau shall not issue any notice of fine or 56 penalty to that person prior to the date of the hearing.A. 8902--C 12 1 In a city having a population of one million or more, at every hearing 2 for the adjudication of a notice of liability, as provided by this arti- 3 cle, there shall be a rebuttable presumption that the owner of a first- 4 response emergency vehicle alleged to be liable in accordance with any 5 provisions of law specifically authorizing the imposition of monetary 6 liability on the owner of a vehicle for failure of an operator thereof: 7 to comply with traffic-control indications in violation of subdivision 8 (d) of section eleven hundred eleven of this chapter through the instal- 9 lation and operation of traffic-control signal photo violation-monitor- 10 ing systems, in accordance with article twenty-four of this chapter; or 11 to comply with certain posted maximum speed limits in violation of 12 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty 13 of this chapter through the installation and operation of photo speed 14 violation monitoring systems, in accordance with article thirty of this 15 chapter; or to comply with bus lane restrictions as defined by article 16 twenty-four of this chapter through the installation and operation of 17 bus lane photo devices, in accordance with article twenty-four of this 18 chapter; or to comply with bus operation-related traffic regulations as 19 defined by article twenty-four of this chapter in violation of the rules 20 of the department of transportation of the city of New York through the 21 installation and operation of bus operation-related photo devices, in 22 accordance with article twenty-four of this chapter; or to comply with 23 street cleaning parking rules as defined by article twenty-four of this 24 chapter through the installation and operation of street cleaning 25 vehicle photo devices, in accordance with article twenty-four of this 26 chapter is not liable for such alleged violation if such owner of the 27 first-response emergency vehicle provides the hearing officer with: 28 § 6. Paragraphs a and g of subdivision 2 of section 240 of the vehicle 29 and traffic law, as amended by section 6 of part MM of chapter 56 of the 30 laws of 2023, are amended to read as follows: 31 a. Every hearing for the adjudication of a charge of parking violation 32 or an allegation of liability of an owner for a violation of subdivision 33 (d) of section eleven hundred eleven of this chapter imposed pursuant to 34 a 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 an allegation of liability of an 39 owner for a violation 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 certain 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 an allegation of liability of an owner for a violation 46 of bus lane restrictions as defined by article twenty-four of this chap- 47 ter imposed pursuant to a bus rapid transit program imposing monetary 48 liability on the owner of a vehicle for failure of an operator thereof 49 to comply with such bus lane restrictions through the installation and 50 operation of bus lane photo devices, in accordance with article twenty- 51 four of this chapter, or an allegation of liability of an owner for a 52 violation of toll collection regulations imposed by certain public 53 authorities pursuant to the law authorizing such public authorities to 54 impose monetary liability on the owner of a vehicle for failure of an 55 operator thereof to comply with toll collection regulations of such 56 public authorities through the installation and operation of photo-moni-A. 8902--C 13 1 toring systems, in accordance with the provisions of section two thou- 2 sand nine hundred eighty-five of the public authorities law and sections 3 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four 4 of the laws of nineteen hundred fifty, or an allegation of liability of 5 an owner for a violation of section eleven hundred seventy-four of this 6 chapter when meeting a school bus marked and equipped as provided in 7 subdivisions twenty and twenty-one-c of section three hundred seventy- 8 five of this chapter imposed pursuant to a local law or ordinance impos- 9 ing monetary liability on the owner of a vehicle for failure of an oper- 10 ator thereof to comply with school bus red visual signals through the 11 installation and operation of school bus photo violation monitoring 12 systems, in accordance with article twenty-nine of this chapter, or an 13 allegation of liability of an owner for a violation of subdivision (b), 14 (d), (f) or (g) of section eleven hundred eighty of this chapter imposed 15 pursuant to a demonstration program imposing monetary liability on the 16 owner of a vehicle for failure of an operator thereof to comply with 17 certain posted maximum speed limits within a highway construction or 18 maintenance work area through the installation and operation of photo 19 speed violation monitoring systems, in accordance with article thirty of 20 this chapter, or an allegation of liability of an owner for a violation 21 of section three hundred eighty-five of this chapter and the rules of 22 the department of transportation of the city of New York in relation to 23 gross vehicle weight and/or axle weight violations imposed pursuant to a 24 weigh in motion demonstration program imposing monetary liability on the 25 owner of a vehicle for failure of an operator thereof to comply with 26 such gross vehicle weight and/or axle weight restrictions through the 27 installation and operation of weigh in motion violation monitoring 28 systems, in accordance with article ten of this chapter, or an allega- 29 tion of liability of an owner for a violation of bus operation-related 30 traffic regulations as defined by article twenty-four of this chapter 31 imposed pursuant to a demonstration program imposing monetary liability 32 on the owner of a vehicle for failure of an operator thereof to comply 33 with such bus operation-related traffic regulations through the instal- 34 lation and operation of bus operation-related photo devices, in accord- 35 ance with article twenty-four of this chapter, or an allegation of 36 liability of an owner for a violation of street cleaning parking rules 37 as defined by article twenty-four of this chapter imposed pursuant to a 38 program imposing monetary liability on the owner of a vehicle for fail- 39 ure of an operator thereof to comply with such street cleaning parking 40 rules through the installation and operation of street cleaning vehicle 41 photo devices, in accordance with article twenty-four of this chapter, 42 shall be held before a hearing examiner in accordance with rules and 43 regulations promulgated by the bureau. 44 g. A record shall be made of a hearing on a plea of not guilty or of a 45 hearing at which liability in accordance with any provisions of law 46 specifically authorizing the imposition of monetary liability on the 47 owner of a vehicle for failure of an operator thereof: to comply with 48 traffic-control indications in violation of subdivision (d) of section 49 eleven hundred eleven of this chapter through the installation and oper- 50 ation of traffic-control signal photo violation-monitoring systems, in 51 accordance with article twenty-four of this chapter; to comply with 52 certain posted maximum speed limits in violation of subdivision (b), 53 (c), (d), (f) or (g) of section eleven hundred eighty of this chapter 54 through the installation and operation of photo speed violation monitor- 55 ing systems, in accordance with article thirty of this chapter; to 56 comply with bus lane restrictions as defined by article twenty-four ofA. 8902--C 14 1 this chapter through the installation and operation of bus lane photo 2 devices, in accordance with article twenty-four of this chapter; to 3 comply with toll collection regulations of certain public authorities 4 through the installation and operation of photo-monitoring systems, in 5 accordance with the provisions of section two thousand nine hundred 6 eighty-five of the public authorities law and sections sixteen-a, 7 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the 8 laws of nineteen hundred fifty; to stop for a school bus displaying a 9 red visual signal in violation of section eleven hundred seventy-four of 10 this chapter through the installation and operation of school bus photo 11 violation monitoring systems, in accordance with article twenty-nine of 12 this chapter; to comply with certain posted maximum speed limits in 13 violation of subdivision (b), (d), (f) or (g) of section eleven hundred 14 eighty of this chapter within a highway construction or maintenance work 15 area through the installation and operation of photo speed violation 16 monitoring systems, in accordance with article thirty of this chapter; 17 to comply with gross vehicle weight and/or axle weight restrictions in 18 violation of section three hundred eighty-five of this chapter and the 19 rules of the department of transportation of the city of New York 20 through the installation and operation of weigh in motion violation 21 monitoring systems, in accordance with article ten of this chapter; or 22 to comply with bus operation-related traffic regulations as defined by 23 article twenty-four of this chapter in violation of the rules of the 24 department of transportation of the city of New York through the instal- 25 lation and operation of bus operation-related photo devices, in accord- 26 ance with article twenty-four of this chapter; or to comply with street 27 cleaning parking rules as defined by article twenty-four of this chapter 28 through the installation and operation of street cleaning vehicle photo 29 devices, in accordance with article twenty-four of this chapter, is 30 contested. Recording devices may be used for the making of the record. 31 § 7. Subdivisions 1 and 2 of section 241 of the vehicle and traffic 32 law, as amended by section 7 of part MM of chapter 56 of the laws of 33 2023, are amended to read as follows: 34 1. The hearing examiner shall make a determination on the charges, 35 either sustaining or dismissing them. Where the hearing examiner deter- 36 mines that the charges have been sustained [he or she] such examiner may 37 examine either the prior parking violations record or the record of 38 liabilities incurred in accordance with any provisions of law specif- 39 ically authorizing the imposition of monetary liability on the owner of 40 a vehicle for failure of an operator thereof: to comply with traffic- 41 control indications in violation of subdivision (d) of section eleven 42 hundred eleven of this chapter through the installation and operation of 43 traffic-control signal photo violation-monitoring systems, in accordance 44 with article twenty-four of this chapter; to comply with certain posted 45 maximum speed limits in violation of subdivision (b), (c), (d), (f) or 46 (g) of section eleven hundred eighty of this chapter through the instal- 47 lation and operation of photo speed violation monitoring systems, in 48 accordance with article thirty of this chapter; to comply with bus lane 49 restrictions as defined by article twenty-four of this chapter through 50 the installation and operation of bus lane photo devices, in accordance 51 with article twenty-four of this chapter; to comply with toll collection 52 regulations of certain public authorities through the installation and 53 operation of photo-monitoring systems, in accordance with the provisions 54 of section two thousand nine hundred eighty-five of the public authori- 55 ties law and sections sixteen-a, sixteen-b and sixteen-c of chapter 56 seven hundred seventy-four of the laws of nineteen hundred fifty; toA. 8902--C 15 1 stop for a school bus displaying a red visual signal in violation of 2 section eleven hundred seventy-four of this chapter through the instal- 3 lation and operation of school bus photo violation monitoring systems, 4 in accordance with article twenty-nine of this chapter; to comply with 5 certain posted maximum speed limits in violation of subdivision (b), 6 (d), (f) or (g) of section eleven hundred eighty of this chapter within 7 a highway construction or maintenance work area through the installation 8 and operation of photo speed violation monitoring systems, in accordance 9 with article thirty of this chapter; to comply with gross vehicle weight 10 and/or axle weight restrictions in violation of section three hundred 11 eighty-five of this chapter and the rules of the department of transpor- 12 tation of the city of New York through the installation and operation of 13 weigh in motion violation monitoring systems, in accordance with article 14 ten of this chapter; [or] to comply with bus operation-related traffic 15 regulations as defined by article twenty-four of this chapter in 16 violation of the rules of the department of transportation of the city 17 of New York through the installation and operation of bus operation-re- 18 lated photo devices, in accordance with article twenty-four of this 19 chapter; or to comply with street cleaning parking rules as defined by 20 article twenty-four of this chapter through the installation and opera- 21 tion of street cleaning vehicle photo devices, in accordance with arti- 22 cle twenty-four of this chapter, of the person charged, as applicable 23 prior to rendering a final determination. Final determinations sustain- 24 ing or dismissing charges shall be entered on a final determination roll 25 maintained by the bureau together with records showing payment and 26 nonpayment of penalties. 27 2. Where an operator or owner fails to enter a plea to a charge of a 28 parking violation or contest an allegation of liability in accordance 29 with any provisions of law specifically authorizing the imposition of 30 monetary liability on the owner of a vehicle for failure of an operator 31 thereof: to comply with traffic-control indications in violation of 32 subdivision (d) of section eleven hundred eleven of this chapter through 33 the installation and operation of traffic-control signal photo viola- 34 tion-monitoring systems, in accordance with article twenty-four of this 35 chapter; to comply with certain posted maximum speed limits in violation 36 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred 37 eighty of this chapter through the installation and operation of photo 38 speed violation monitoring systems, in accordance with article thirty of 39 this chapter; to comply with bus lane restrictions as defined by article 40 twenty-four of this chapter through the installation and operation of 41 bus lane photo devices, in accordance with article twenty-four of this 42 chapter; to comply with toll collection regulations of certain public 43 authorities through the installation and operation of photo-monitoring 44 systems, in accordance with the provisions of section two thousand nine 45 hundred eighty-five of the public authorities law and sections 46 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four 47 of the laws of nineteen hundred fifty; to stop for a school bus display- 48 ing a red visual signal in violation of section eleven hundred seventy- 49 four of this chapter through the installation and operation of school 50 bus photo violation monitoring systems, in accordance with article twen- 51 ty-nine of this chapter; to comply with certain posted maximum speed 52 limits in violation of subdivision (b), (d), (f) or (g) of section elev- 53 en hundred eighty of this chapter within a highway construction or main- 54 tenance work area through the installation and operation of photo speed 55 violation monitoring systems, in accordance with article thirty of this 56 chapter; to comply with gross vehicle weight and/or axle weightA. 8902--C 16 1 restrictions in violation of section three hundred eighty-five of this 2 chapter and the rules of the department of transportation of the city of 3 New York through the installation and operation of weigh in motion 4 violation monitoring systems, in accordance with article ten of this 5 chapter; [or] to comply with bus operation-related traffic regulations 6 as defined by article twenty-four of this chapter in violation of the 7 rules of the department of transportation of the city of New York 8 through the installation and operation of bus operation-related photo 9 devices, in accordance with article twenty-four of this chapter; or to 10 comply with street cleaning parking rules as defined by article twenty- 11 four of this chapter through the installation and operation of street 12 cleaning vehicle photo devices, in accordance with article twenty-four 13 of this chapter, or fails to appear on a designated hearing date or 14 subsequent adjourned date or fails after a hearing to comply with the 15 determination of a hearing examiner, as prescribed by this article or by 16 rule or regulation of the bureau, such failure to plead or contest, 17 appear or comply shall be deemed, for all purposes, an admission of 18 liability and shall be grounds for rendering and entering a default 19 judgment in an amount provided by the rules and regulations of the 20 bureau. However, after the expiration of the original date prescribed 21 for entering a plea and before a default judgment may be rendered, in 22 such case the bureau shall pursuant to the applicable provisions of law 23 notify such operator or owner, by such form of first class mail as the 24 commission may direct; (1) of the violation charged, or liability 25 alleged in accordance with any provisions of law specifically authoriz- 26 ing the imposition of monetary liability on the owner of a vehicle for 27 failure of an operator thereof: to comply with traffic-control indi- 28 cations in violation of subdivision (d) of section eleven hundred eleven 29 of this chapter through the installation and operation of traffic-con- 30 trol signal photo violation-monitoring systems, in accordance with arti- 31 cle twenty-four of this chapter; to comply with certain posted maximum 32 speed limits in violation of subdivision (b), (c), (d), (f) or (g) of 33 section eleven hundred eighty of this chapter through the installation 34 and operation of photo speed violation monitoring systems, in accordance 35 with article thirty of this chapter; to comply with bus lane 36 restrictions as defined by article twenty-four of this chapter through 37 the installation and operation of bus lane photo devices, in accordance 38 with article twenty-four of this chapter; to comply with toll collection 39 regulations of certain public authorities through the installation and 40 operation of photo-monitoring systems, in accordance with the provisions 41 of section two thousand nine hundred eighty-five of the public authori- 42 ties law and sections sixteen-a, sixteen-b and sixteen-c of chapter 43 seven hundred seventy-four of the laws of nineteen hundred fifty; to 44 stop for a school bus displaying a red visual signal in violation of 45 section eleven hundred seventy-four of this chapter through the instal- 46 lation and operation of school bus photo violation monitoring systems, 47 in accordance with article twenty-nine of this chapter; to comply with 48 certain posted maximum speed limits in violation of subdivision (b), 49 (d), (f) or (g) of section eleven hundred eighty of this chapter within 50 a highway construction or maintenance work area through the installation 51 and operation of photo speed violation monitoring systems, in accordance 52 with article thirty of this chapter; to comply with gross vehicle weight 53 and/or axle weight restrictions in violation of section three hundred 54 eighty-five of this chapter and the rules of the department of transpor- 55 tation of the city of New York through the installation and operation of 56 weigh in motion violation monitoring systems, in accordance with articleA. 8902--C 17 1 ten of this chapter; [or] to comply with bus operation-related traffic 2 regulations as defined by article twenty-four of this chapter in 3 violation of the rules of the department of transportation of the city 4 of New York through the installation and operation of bus operation-re- 5 lated photo devices, in accordance with article twenty-four of this 6 chapter; or to comply with street cleaning parking rules as defined by 7 article twenty-four of this chapter through the installation and opera- 8 tion of street cleaning vehicle photo devices, in accordance with arti- 9 cle twenty-four of this chapter, (2) of the impending default judgment, 10 (3) that such judgment will be entered in the Civil Court of the city in 11 which the bureau has been established, or other court of civil jurisdic- 12 tion or any other place provided for the entry of civil judgments within 13 the state of New York, and (4) that a default may be avoided by entering 14 a plea or contesting an allegation of liability in accordance with any 15 provisions of law specifically authorizing the imposition of monetary 16 liability on the owner of a vehicle for failure of an operator thereof: 17 to comply with traffic-control indications in violation of subdivision 18 (d) of section eleven hundred eleven of this chapter through the instal- 19 lation and operation of traffic-control signal photo violation-monitor- 20 ing systems, in accordance with article twenty-four of this chapter; to 21 comply with certain posted maximum speed limits in violation of subdivi- 22 sion (b), (c), (d), (f) or (g) of section eleven hundred eighty of this 23 chapter through the installation and operation of photo speed violation 24 monitoring systems, in accordance with article thirty of this chapter; 25 to comply with bus lane restrictions as defined by article twenty-four 26 of this chapter through the installation and operation of bus lane photo 27 devices, in accordance with article twenty-four of this chapter; to 28 comply with toll collection regulations of certain public authorities 29 through the installation and operation of photo-monitoring systems, in 30 accordance with the provisions of section two thousand nine hundred 31 eighty-five of the public authorities law and sections sixteen-a, 32 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the 33 laws of nineteen hundred fifty; to stop for a school bus displaying a 34 red visual signal in violation of section eleven hundred seventy-four of 35 this chapter through the installation and operation of school bus photo 36 violation monitoring systems, in accordance with article twenty-nine of 37 this chapter; to comply with certain posted maximum speed limits in 38 violation of subdivision (b), (d), (f) or (g) of section eleven hundred 39 eighty of this chapter within a highway construction or maintenance work 40 area through the installation and operation of photo speed violation 41 monitoring systems, in accordance with article thirty of this chapter; 42 to comply with gross vehicle weight and/or axle weight restrictions in 43 violation of section three hundred eighty-five of this chapter and the 44 rules of the department of transportation of the city of New York 45 through the installation and operation of weigh in motion violation 46 monitoring systems, in accordance with article ten of this chapter; [or] 47 to comply with bus operation-related traffic regulations as defined by 48 article twenty-four of this chapter in violation of the rules of the 49 department of transportation of the city of New York through the instal- 50 lation and operation of bus operation-related photo devices, in accord- 51 ance with article twenty-four of this chapter; or to comply with street 52 cleaning parking rules as defined by article twenty-four of this chapter 53 through the installation and operation of street cleaning vehicle photo 54 devices, in accordance with article twenty-four of this chapter; or 55 making an appearance within thirty days of the sending of such notice. 56 Pleas entered and allegations contested within that period shall be inA. 8902--C 18 1 the manner prescribed in the notice and not subject to additional penal- 2 ty or fee. Such notice of impending default judgment shall not be 3 required prior to the rendering and entry thereof in the case of opera- 4 tors or owners who are non-residents of the state of New York. In no 5 case shall a default judgment be rendered or, where required, a notice 6 of impending default judgment be sent, more than two years after the 7 expiration of the time prescribed for entering a plea or contesting an 8 allegation. When a person has demanded a hearing, no fine or penalty 9 shall be imposed for any reason, prior to the holding of the hearing. If 10 the hearing examiner shall make a determination on the charges, sustain- 11 ing them, [he or she] such examiner shall impose no greater penalty or 12 fine than those upon which the person was originally charged. 13 § 8. Subparagraph (i) of paragraph a of subdivision 5-a of section 401 14 of the vehicle and traffic law, as amended by section 8 of part MM of 15 chapter 56 of the laws of 2023, is amended to read as follows: 16 (i) If at the time of application for a registration or renewal there- 17 of there is a certification from a court, parking violations bureau, 18 traffic and parking violations agency or administrative tribunal of 19 appropriate jurisdiction that the registrant or [his or her] their 20 representative failed to appear on the return date or any subsequent 21 adjourned date or failed to comply with the rules and regulations of an 22 administrative tribunal following entry of a final decision in response 23 to a total of three or more summonses or other process in the aggregate, 24 issued within an eighteen month period, charging either that: (i) such 25 motor vehicle was parked, stopped or standing, or that such motor vehi- 26 cle was operated for hire by the registrant or [his or her] their agent 27 without being licensed as a motor vehicle for hire by the appropriate 28 local authority, in violation of any of the provisions of this chapter 29 or of any law, ordinance, rule or regulation made by a local authority; 30 or (ii) the registrant was liable for a violation of subdivision (d) of 31 section eleven hundred eleven of this chapter imposed pursuant to a 32 local law or ordinance imposing monetary liability on the owner of a 33 vehicle for failure of an operator thereof to comply with traffic-con- 34 trol indications through the installation and operation of traffic-con- 35 trol signal photo violation-monitoring systems, in accordance with arti- 36 cle twenty-four of this chapter; or (iii) the registrant was liable for 37 a violation of subdivision (b), (c), (d), (f) or (g) of section eleven 38 hundred eighty of this chapter imposed pursuant to a demonstration 39 program imposing monetary liability on the owner of a vehicle for fail- 40 ure of an operator thereof to comply with such posted maximum speed 41 limits through the installation and operation of photo speed violation 42 monitoring systems, in accordance with article thirty of this chapter; 43 or (iv) the registrant was liable for a violation of bus lane 44 restrictions as defined by article twenty-four of this chapter imposed 45 pursuant to a bus rapid transit program imposing monetary liability on 46 the owner of a vehicle for failure of an operator thereof to comply with 47 such bus lane restrictions through the installation and operation of bus 48 lane photo devices, in accordance with article twenty-four of this chap- 49 ter; or (v) the registrant was liable for a violation of section eleven 50 hundred seventy-four of this chapter when meeting a school bus marked 51 and equipped as provided in subdivisions twenty and twenty-one-c of 52 section three hundred seventy-five of this chapter imposed pursuant to a 53 local law or ordinance imposing monetary liability on the owner of a 54 vehicle for failure of an operator thereof to comply with school bus red 55 visual signals through the installation and operation of school bus 56 photo violation monitoring systems, in accordance with article twenty-A. 8902--C 19 1 nine of this chapter; or (vi) the registrant was liable for a violation 2 of section three hundred eighty-five of this chapter and the rules of 3 the department of transportation of the city of New York in relation to 4 gross vehicle weight and/or axle weight violations imposed pursuant to a 5 weigh in motion demonstration program imposing monetary liability on the 6 owner of a vehicle for failure of an operator thereof to comply with 7 such gross vehicle weight and/or axle weight restrictions through the 8 installation and operation of weigh in motion violation monitoring 9 systems, in accordance with article ten of this chapter; or (vii) the 10 registrant was liable for a violation of subdivision (b), (d), (f) or 11 (g) of section eleven hundred eighty of this chapter imposed pursuant to 12 a demonstration program imposing monetary liability on the owner of a 13 vehicle for failure of an operator thereof to comply with such posted 14 maximum speed limits within a highway construction or maintenance work 15 area through the installation and operation of photo speed violation 16 monitoring systems, in accordance with article thirty of this 17 chapter[,]; or (viii) the registrant was liable for a violation of bus 18 operation-related traffic regulations as defined by article twenty-four 19 of this chapter imposed pursuant to a demonstration program imposing 20 monetary liability on the owner of a vehicle for failure of an operator 21 thereof to comply with such bus operation-related traffic regulations 22 through the installation and operation of bus operation-related photo 23 devices, in accordance with article twenty-four of this chapter[,]; or 24 (ix) the registrant was liable for a violation of street cleaning park- 25 ing rules as defined by article twenty-four of this chapter imposed 26 pursuant to a program imposing monetary liability on the owner of a 27 vehicle for failure of an operator thereof to comply with such street 28 cleaning parking rules through the installation and operation of street 29 cleaning vehicle photo devices, in accordance with article twenty-four 30 of this chapter, the commissioner or [his or her] their agent shall deny 31 the registration or renewal application until the applicant provides 32 proof from the court, traffic and parking violations agency or adminis- 33 trative tribunal wherein the charges are pending that an appearance or 34 answer has been made or in the case of an administrative tribunal that 35 [he or she] such applicant has complied with the rules and regulations 36 of said tribunal following entry of a final decision. Where an applica- 37 tion is denied pursuant to this section, the commissioner may, in [his38or her] their discretion, deny a registration or renewal application to 39 any other person for the same vehicle and may deny a registration or 40 renewal application for any other motor vehicle registered in the name 41 of the applicant where the commissioner has determined that such regis- 42 trant's intent has been to evade the purposes of this subdivision and 43 where the commissioner has reasonable grounds to believe that such 44 registration or renewal will have the effect of defeating the purposes 45 of this subdivision. Such denial shall only remain in effect as long as 46 the summonses remain unanswered, or in the case of an administrative 47 tribunal, the registrant fails to comply with the rules and regulations 48 following entry of a final decision. 49 § 9. Subdivision 1-a of section 1809 of the vehicle and traffic law, 50 as amended by section 9 of part MM of chapter 56 of the laws of 2023, is 51 amended to read as follows: 52 1-a. Notwithstanding the provisions of subdivision one of this 53 section, the provisions of subdivision one of this section shall not 54 apply to an adjudication of liability of owners: (a) for violations of 55 subdivision (d) of section eleven hundred eleven of this chapter imposed 56 pursuant to a local law or ordinance imposing monetary liability on theA. 8902--C 20 1 owner of a vehicle for failure of an operator thereof to comply with 2 traffic-control indications through the installation and operation of 3 traffic-control signal photo violation-monitoring systems, in accordance 4 with article twenty-four of this chapter; or (b) for violations of 5 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty 6 of this chapter imposed pursuant to a demonstration program imposing 7 monetary liability on the owner of a vehicle for failure of an operator 8 thereof to comply with such posted maximum speed limits through the 9 installation and operation of photo speed violation monitoring systems, 10 in accordance with article thirty of this chapter; or (c) for violations 11 of bus lane restrictions as defined by article twenty-four of this chap- 12 ter imposed pursuant to a bus rapid transit program imposing monetary 13 liability on the owner of a vehicle for failure of an operator thereof 14 to comply with such bus lane restrictions through the installation and 15 operation of bus lane photo devices, in accordance with article twenty- 16 four of this chapter; or (d) for violations of toll collection regu- 17 lations imposed by certain public authorities pursuant to the law 18 authorizing such public authorities to impose monetary liability on the 19 owner of a vehicle for failure of an operator thereof to comply with 20 toll collection regulations of such public authorities through the 21 installation and operation of photo-monitoring systems, in accordance 22 with the provisions of section two thousand nine hundred eighty-five of 23 the public authorities law and sections sixteen-a, sixteen-b and 24 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen 25 hundred fifty; or (e) for violations of section eleven hundred seventy- 26 four of this chapter when meeting a school bus marked and equipped as 27 provided in subdivisions twenty and twenty-one-c of section three 28 hundred seventy-five of this chapter imposed pursuant to a local law or 29 ordinance imposing monetary liability on the owner of a vehicle for 30 failure of an operator thereof to comply with school bus red visual 31 signals through the installation and operation of school bus photo 32 violation monitoring systems, in accordance with article twenty-nine of 33 this chapter; or (f) for violations of section three hundred eighty-five 34 of this chapter and the rules of the department of transportation of the 35 city of New York in relation to gross vehicle weight and/or axle weight 36 violations imposed pursuant to a weigh in motion demonstration program 37 imposing monetary liability on the owner of a vehicle for failure of an 38 operator thereof to comply with such gross vehicle weight and/or axle 39 weight restrictions through the installation and operation of weigh in 40 motion violation monitoring systems, in accordance with article ten of 41 this chapter; or (g) for violations of subdivision (b), (d), (f) or (g) 42 of section eleven hundred eighty of this chapter imposed pursuant to a 43 demonstration program imposing monetary liability on the owner of a 44 vehicle for failure of an operator thereof to comply with such posted 45 maximum speed limits within a highway construction or maintenance work 46 area through the installation and operation of photo speed violation 47 monitoring systems, in accordance with article thirty of this chapter; 48 or (h) for violations of bus operation-related traffic regulations as 49 defined by article twenty-four of this chapter imposed pursuant to a 50 demonstration program imposing monetary liability on the owner of a 51 vehicle for failure of an operator thereof to comply with such bus oper- 52 ation-related traffic regulations through the installation and operation 53 of bus operation-related photo devices, in accordance with article twen- 54 ty-four of this chapter; or (i) for violations of street cleaning park- 55 ing rules as defined by article twenty-four of this chapter imposed 56 pursuant to a program imposing monetary liability on the owner of aA. 8902--C 21 1 vehicle for failure of an operator thereof to comply with such street 2 cleaning parking rules through the installation and operation of street 3 cleaning vehicle photo devices, in accordance with article twenty-four 4 of this chapter. 5 § 10. Subdivision 1 of section 1809-a of the vehicle and traffic law, 6 as amended by section 10 of part MM of chapter 56 of the laws of 2023, 7 is amended to read as follows: 8 1. The provisions of any other general or special law notwithstanding, 9 whenever, in a city having a population of one hundred thousand or more 10 according to the nineteen hundred eighty United States census, 11 proceedings in an administrative tribunal or a court result in a finding 12 of liability, or conviction for the violation of any statute, local law, 13 ordinance or rule involving the parking, stopping or standing of a motor 14 vehicle, except (a) an adjudication of liability of an owner for a 15 violation of bus operation-related traffic regulations as defined by 16 article twenty-four of this chapter imposed pursuant to a demonstration 17 program imposing monetary liability on the owner of a vehicle for fail- 18 ure of an operator thereof to comply with such bus operation-related 19 traffic regulations through the installation and operation of bus opera- 20 tion-related photo devices, in accordance with article twenty-four of 21 this chapter, or (b) an adjudication of liability of an owner for a 22 violation of street cleaning parking rules as defined by article twen- 23 ty-four of this chapter imposed pursuant to a program imposing monetary 24 liability on the owner of a vehicle for failure of an operator thereof 25 to comply with such street cleaning parking rules through the installa- 26 tion and operation of street cleaning vehicle photo devices, in accord- 27 ance with article twenty-four of this chapter, there shall be levied a 28 mandatory surcharge in addition to any other sentence, fine or penalty 29 otherwise permitted or required, in the amount of fifteen dollars. Such 30 surcharge shall not be deemed a monetary penalty for the purposes of 31 section two hundred thirty-seven of this chapter or section 19-203 of 32 the administrative code of the city of New York. 33 § 11. Subdivision 1 of section 1809-aa of the vehicle and traffic law, 34 as amended by section 11 of part MM of chapter 56 of the laws of 2023, 35 is amended to read as follows: 36 1. Notwithstanding any other provision of law, whenever proceedings in 37 an administrative tribunal or court result in a conviction for a 38 violation of section twelve hundred, twelve hundred one or twelve 39 hundred two of this chapter, except (a) an adjudication of liability of 40 an owner for a violation of bus operation-related traffic regulations as 41 defined by article twenty-four of this chapter imposed pursuant to a 42 demonstration program imposing monetary liability on the owner of a 43 vehicle for failure of an operator thereof to comply with such bus oper- 44 ation-related traffic regulations through the installation and operation 45 of bus operation-related photo devices, in accordance with article twen- 46 ty-four of this chapter, or (b) an adjudication of liability of an 47 owner for a violation of street cleaning parking rules as defined by 48 article twenty-four of this chapter imposed pursuant to a program 49 imposing monetary liability on the owner of a vehicle for failure 50 of an operator thereof to comply with such street cleaning parking rules 51 through the installation and operation of street cleaning vehicle photo 52 devices, in accordance with article twenty-four of this chapter, there 53 shall be levied a mandatory surcharge in addition to any other sentence, 54 fine or penalty otherwise permitted or required, in the amount of twen- 55 ty-five dollars.A. 8902--C 22 1 § 12. Paragraph a of subdivision 1 of section 1809-e of the vehicle 2 and traffic law, as amended by section 12 of part MM of chapter 56 of 3 the laws of 2023, 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: (i) a traffic 10 infraction involving standing, stopping, or parking or violations by 11 pedestrians or bicyclists; and (ii) an adjudication of liability of an 12 owner for a violation of subdivision (d) of section eleven hundred elev- 13 en of this chapter imposed pursuant to a local law or ordinance imposing 14 monetary liability on the owner of a vehicle for failure of an operator 15 thereof to comply with traffic-control indications through the installa- 16 tion and operation of traffic-control signal photo violation-monitoring 17 systems, in accordance with article twenty-four of this chapter; and 18 (iii) an adjudication of liability of an owner for a violation of subdi- 19 vision (b), (c), (d), (f) or (g) of section eleven hundred eighty of 20 this chapter imposed pursuant to a demonstration program imposing mone- 21 tary liability on the owner of a vehicle for failure of an operator 22 thereof to comply with such posted maximum speed limits through the 23 installation and operation of photo speed violation monitoring systems, 24 in accordance with article thirty of this chapter; and (iv) an adjudi- 25 cation of liability of an owner for a violation of bus lane restrictions 26 as defined by article twenty-four of this chapter imposed pursuant to a 27 bus rapid transit program imposing monetary liability on the owner of a 28 vehicle for failure of an operator thereof to comply with such bus lane 29 restrictions through the installation and operation of bus lane photo 30 devices, in accordance with article twenty-four of this chapter; and (v) 31 an adjudication of liability of an owner for a violation of toll 32 collection regulations imposed by certain public authorities pursuant to 33 the law authorizing such public authorities to impose monetary liability 34 on the owner of a vehicle for failure of an operator thereof to comply 35 with toll collection regulations of such public authorities through the 36 installation and operation of photo-monitoring systems, in accordance 37 with section two thousand nine hundred eighty-five of the public author- 38 ities law or sections sixteen-a, sixteen-b and sixteen-c of chapter 39 seven hundred seventy-four of the laws of nineteen hundred fifty; and 40 (vi) an adjudication of liability of an owner for a violation of section 41 eleven hundred seventy-four of this chapter when meeting a school bus 42 marked and equipped as provided in subdivisions twenty and twenty-one-c 43 of section three hundred seventy-five of this chapter imposed pursuant 44 to a local law or ordinance imposing monetary liability on the owner of 45 a vehicle for failure of an operator thereof to comply with school bus 46 red visual signals through the installation and operation of school bus 47 photo violation monitoring systems, in accordance with article twenty- 48 nine of this chapter; and (vii) an adjudication of liability of an owner 49 for a violation of section three hundred eighty-five of this chapter and 50 the rules of the department of transportation of the city of New York in 51 relation to gross vehicle weight and/or axle weight violations imposed 52 pursuant to a weigh in motion demonstration program imposing monetary 53 liability on the owner of a vehicle for failure of an operator thereof 54 to comply with such gross vehicle weight and/or axle weight restrictions 55 through the installation and operation of weigh in motion violation 56 monitoring systems, in accordance with article ten of this chapter; andA. 8902--C 23 1 (viii) an adjudication of liability of an owner for a violation of 2 subdivision (b), (d), (f) or (g) of section eleven hundred eighty of 3 this chapter imposed pursuant to a demonstration program imposing mone- 4 tary liability on the owner of a vehicle for failure of an operator 5 thereof to comply with such posted maximum speed limits within a highway 6 construction or maintenance work area through the installation and oper- 7 ation of photo speed violation monitoring systems, in accordance with 8 article thirty of this chapter; and (ix) an adjudication of liability of 9 an owner for a violation of bus operation-related traffic regulations as 10 defined by article twenty-four of this chapter imposed pursuant to a 11 demonstration program imposing monetary liability on the owner of a 12 vehicle for failure of an operator thereof to comply with such bus oper- 13 ation-related traffic regulations through the installation and operation 14 of bus operation-related photo devices, in accordance with article twen- 15 ty-four of this chapter; and (x) an adjudication of liability of an 16 owner for a violation of street cleaning parking rules as defined by 17 article twenty-four of this chapter imposed pursuant to a program impos- 18 ing monetary liability on the owner of a vehicle for failure of an 19 operator thereof to comply with such street cleaning parking rules 20 through the installation and operation of street cleaning vehicle photo 21 devices, in accordance with article twenty-four of this chapter, there 22 shall be levied in addition to any sentence, penalty or other surcharge 23 required or permitted by law, an additional surcharge of twenty-eight 24 dollars. 25 § 13. Subdivision 2 of section 87 of the public officers law is 26 amended by adding a new paragraph (u) to read as follows: 27 (u) are photographs, microphotographs, videotape or other recorded 28 images prepared under authority of section eleven hundred eleven-h of 29 the vehicle and traffic law. 30 § 14. The purchase or lease of equipment for a demonstration program 31 established pursuant to section 1111-h of the vehicle and traffic law, 32 as added by section one of this act, shall be subject to the provisions 33 of section 103 of the general municipal law. 34 § 15. This act shall take effect one year after it shall have become a 35 law; provided, however, that sections one, thirteen and fourteen of this 36 act shall expire July 1, 2029, when upon such date the provisions of 37 such sections shall be deemed repealed; provided further, however, that: 38 (a) the amendments to subdivision 1 of section 1809-a of the vehicle 39 and traffic law made by section ten of this act shall not affect the 40 repeal of such section and shall be deemed repealed therewith; and 41 (b) effective immediately, the addition, amendment and/or repeal of 42 any rule or regulation necessary for the implementation of section one 43 of this act on its effective date are authorized to be made and 44 completed on or before such effective date.
