Bill Text: NY A08902 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8902

                   IN ASSEMBLY

                                    January 26, 2024
                                       ___________

        Introduced  by  M.  of  A.  CUNNINGHAM  -- read once and referred to the
          Committee on Transportation

        AN ACT to amend the vehicle  and  traffic  law,  in  relation  to  owner
          liability  for  failure of an operator to comply with street cleaning-
          related local law or traffic regulations; to amend the public officers
          law, in relation to access to  records  prepared  pursuant  to  street
          cleaning-related  local  law  or  traffic regulation restrictions; and
          providing for the repeal of certain provisions upon expiration thereof

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     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  operator  to  comply  with
     4  street  cleaning-related traffic regulations. (a) 1. Notwithstanding any
     5  other provision of law, the city of New York is  hereby  authorized  and
     6  empowered to establish a demonstration program imposing monetary liabil-
     7  ity  on  the  owner  of  a vehicle for failure of an operator thereof to
     8  comply with street cleaning-related traffic regulations,  in  accordance
     9  with  the  provisions  of  this section. The New York city department of
    10  transportation and/or the New York city department  of  sanitation,  for
    11  purposes  of  the  implementation  of such program, shall operate street
    12  cleaning-related photo devices that may  be  stationary  or  mobile  and
    13  shall  be activated at locations determined by such department of trans-
    14  portation and/or on street cleaning vehicles selected by such department
    15  of transportation in consultation with the New York city  department  of
    16  sanitation.
    17    2.  Any  photographs,  microphotographs,  videotape  or other recorded
    18  images captured by street cleaning-related photo devices shall be  inad-
    19  missible  in  any  disciplinary proceeding convened by the department of
    20  sanitation or any subsidiary thereof and any proceeding initiated by the
    21  department involving licensure privileges  of  street  cleaning  vehicle
    22  operators.  Any mobile street cleaning-related photo device mounted on a
    23  street cleaning vehicle shall be directed outwardly from such vehicle to
    24  capture images of vehicles operated in violation of street  cleaning-re-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13521-01-3

        A. 8902                             2

     1  lated  traffic regulations, and images produced by such device shall not
     2  be used for any other purpose in the absence of a court order  requiring
     3  such images to be produced.
     4    3.  (i)  The  city  of  New  York  shall adopt and enforce measures to
     5  protect the privacy of drivers,  passengers,  pedestrians  and  cyclists
     6  whose  identity  and identifying information may be captured by a street
     7  cleaning-related photo device. Such measures shall include:
     8    (A) utilization of necessary technologies to  ensure,  to  the  extent
     9  practicable,  that  photographs,  microphotographs,  videotape  or other
    10  recorded images produced by such street cleaning-related  photo  devices
    11  shall  not  include  images that identify the driver, the passengers, or
    12  the contents of the  vehicle.  Provided,  however,  that  no  notice  of
    13  liability  issued  pursuant  to  this  section shall be dismissed solely
    14  because such a photograph, microphotograph, videotape or other  recorded
    15  image  allows  for  the identification of the driver, the passengers, or
    16  the contents of a vehicle where the city shows that it  made  reasonable
    17  efforts to comply with the provisions of this paragraph in such case;
    18    (B)  the installation of signage that is clearly visible to drivers at
    19  regular intervals along and  adjacent  to  roadways  upon  which  mobile
    20  and/or  stationary  street  cleaning-related  photo devices are operated
    21  pursuant to a demonstration program authorized pursuant to this  section
    22  stating  that  mobile  and/or  stationary  street cleaning-related photo
    23  devices are used to enforce street cleaning-related traffic regulations,
    24  in conformance with standards established in the MUTCD; and
    25    (C)  oversight  procedures  to  ensure  compliance  with  the  privacy
    26  protection measures under this subdivision.
    27    (ii)  Photographs,  microphotographs,  videotape or any other recorded
    28  image from a street cleaning-related  photo  device  shall  be  for  the
    29  exclusive  use  of  the  city of New York for the purpose of the adjudi-
    30  cation of liability imposed pursuant to this section and  of  the  owner
    31  receiving  a  notice of liability pursuant to this section, and shall be
    32  destroyed by such city upon  the  final  resolution  of  the  notice  of
    33  liability  to  which  such  photographs,  microphotographs, videotape or
    34  other recorded images relate, or one year following the date of issuance
    35  of such notice of liability, whichever  is  later.  Notwithstanding  the
    36  provisions  of any other law, rule or regulation to the contrary, photo-
    37  graphs, microphotographs, videotape or any other recorded image  from  a
    38  street  cleaning-related  photo  device shall not be open to the public,
    39  nor subject to civil or criminal process or discovery, nor used  by  any
    40  court or administrative or adjudicatory body in any action or proceeding
    41  therein  except that which is necessary for the adjudication of a notice
    42  of liability issued pursuant to this section, and no  public  entity  or
    43  employee,  officer  or  agent  thereof  shall disclose such information,
    44  except that such photographs, microphotographs, videotape or  any  other
    45  recorded images from such systems:
    46    (A) shall be available for inspection and copying and use by the motor
    47  vehicle  owner and operator for so long as such photographs, microphoto-
    48  graphs, videotape or other recorded images are required to be maintained
    49  or are maintained by such public entity, employee, officer or agent; and
    50    (B) (1) shall be furnished when described in a search  warrant  issued
    51  by a court authorized to issue such a search warrant pursuant to article
    52  six  hundred  ninety  of  the  criminal procedure law or a federal court
    53  authorized to issue such a search warrant under federal law, where  such
    54  search  warrant  states  that  there is reasonable cause to believe such
    55  information constitutes evidence of, or tends  to  demonstrate  that,  a
    56  misdemeanor  or  felony  offense  was committed in this state or another

        A. 8902                             3

     1  state, or that a particular person participated in the commission  of  a
     2  misdemeanor  or felony offense in this state or another state, provided,
     3  however, that if such offense was against the laws of another state, the
     4  court  shall only issue a warrant if the conduct comprising such offense
     5  would, if occurring in this state, constitute a  misdemeanor  or  felony
     6  against the laws of this state; and
     7    (2) shall be furnished in response to a subpoena duces tecum signed by
     8  a  judge  of  competent  jurisdiction and issued pursuant to article six
     9  hundred ten of the criminal procedure law or a judge or magistrate of  a
    10  federal  court  authorized  to  issue  such a subpoena duces tecum under
    11  federal law, where the judge finds and the subpoena states that there is
    12  reasonable cause to believe such information is relevant and material to
    13  the prosecution, or the defense, or the investigation by  an  authorized
    14  law  enforcement official, of the alleged commission of a misdemeanor or
    15  felony in this state or another state, provided, however, that  if  such
    16  offense  was against the laws of another state, such judge or magistrate
    17  shall only issue such subpoena if the conduct  comprising  such  offense
    18  would, if occurring in this state, constitute a misdemeanor or felony in
    19  this state; and
    20    (3)  may,  if lawfully obtained pursuant to this clause and clause (A)
    21  of this subparagraph and otherwise admissible, be used in such  criminal
    22  action or proceeding.
    23    (iii) The demonstration program authorized pursuant to this section is
    24  prohibited  from  utilizing  and  from  arranging for the utilization of
    25  biometric identifying technology, including but not  limited  to  facial
    26  recognition  technology,  for  any purpose. The use, and the arrangement
    27  for the use, of biometric  identifying  technology,  including  but  not
    28  limited  to  facial  recognition technology, on photographs, microphoto-
    29  graphs, videotape, or any other recorded image or  data  produced  by  a
    30  street cleaning-related photo device, by any person for any purpose, are
    31  prohibited.  For  purposes of this subparagraph, "person" shall include,
    32  but not be limited to, a human being, a public or  private  corporation,
    33  an  unincorporated association, a partnership, a government or a govern-
    34  mental instrumentality, a court or  an  administrative  or  adjudicatory
    35  body, and any employee, officer, and agent of the foregoing.
    36    (iv)  Every  street cleaning vehicle upon which a mobile street clean-
    37  ing-related photo device is installed and operated pursuant to a  demon-
    38  stration  program  authorized pursuant to this section shall be equipped
    39  with signs, placards or other  displays  giving  notice  to  approaching
    40  motor  vehicle  operators that street cleaning-related photo devices are
    41  used to enforce street cleaning-related traffic regulations.
    42    (b) Warning notices of violation shall  be  issued  during  the  first
    43  sixty  days  that  street  cleaning-related  photo devices pursuant to a
    44  demonstration program authorized by this section are active and in oper-
    45  ation.
    46    (c) If the city of New York has established  a  demonstration  program
    47  pursuant  to  subdivision  (a)  of  this section, the owner of a vehicle
    48  shall be liable for a penalty imposed pursuant to this section  if  such
    49  vehicle  was  used or operated with the permission of the owner, express
    50  or implied, in violation of any street  cleaning-related  traffic  regu-
    51  lations  and  such violation is evidenced by information obtained from a
    52  street cleaning-related photo device; provided however that no owner  of
    53  a vehicle shall be liable for a penalty imposed pursuant to this section
    54  where  the operator of such vehicle has been convicted of the underlying
    55  violation of such street cleaning-related traffic regulation.

        A. 8902                             4

     1    (d) For purposes of this section the following terms  shall  have  the
     2  following meanings:
     3    1.  "owner"  shall  have the meaning provided in article two-B of this
     4  chapter.
     5    2. "street cleaning-related photo device" shall mean a device that  is
     6  capable of operating independently of an enforcement officer and produc-
     7  es  one or more images of each vehicle at the time it is in violation of
     8  a street cleaning-related traffic regulation.
     9    3.  "street  cleaning-related  traffic  regulations"  shall  mean  the
    10  following  provisions  set forth in chapter four of title thirty-four of
    11  the rules of the city of New York, adopted pursuant to  section  sixteen
    12  hundred  forty-two  of  this chapter: 4-08(d)(1), violation of posted no
    13  parking rules prohibited.
    14    4. "manual on uniform traffic control devices" or "MUTCD"  shall  mean
    15  the  manual  and  specifications for a uniform system of traffic control
    16  devices maintained by the commissioner  of  transportation  pursuant  to
    17  section sixteen hundred eighty of this chapter.
    18    5.  "biometric  identifying  technology"  shall mean any tool using an
    19  automated or semi-automated process that assists in verifying a person's
    20  identity based on a person's biometric information.
    21    6. "biometric information" shall mean any measurable physical, physio-
    22  logical or behavioral characteristics that are attributable to a person,
    23  including but not limited to facial characteristics, fingerprint charac-
    24  teristics, hand characteristics, eye characteristics,  vocal  character-
    25  istics,  and  any  other  characteristics that can be used to identify a
    26  person including, but not limited to: fingerprints;  handprints;  retina
    27  and iris patterns; DNA sequence; voice; gait; and facial geometry.
    28    7.  "facial  recognition"  shall  mean  any tool using an automated or
    29  semi-automated process that assists in uniquely identifying or verifying
    30  a person by comparing and analyzing patterns based on the person's face.
    31    (e) A certificate, sworn to or affirmed by a  technician  employed  by
    32  the  city  of  New  York  in  which the charged violation occurred, or a
    33  facsimile thereof, based upon  inspection  of  photographs,  microphoto-
    34  graphs,  videotape  or other recorded images produced by a street clean-
    35  ing-related photo device, shall be prima facie  evidence  of  the  facts
    36  contained therein. Any photographs, microphotographs, videotape or other
    37  recorded  images  evidencing  such  a  violation  shall be available for
    38  inspection in any  proceeding  to  adjudicate  the  liability  for  such
    39  violation pursuant to this section.
    40    (f) An owner liable for a violation of a street cleaning-related traf-
    41  fic  regulation pursuant to a demonstration program established pursuant
    42  to this section shall be liable for  monetary  penalties  in  accordance
    43  with  a schedule of fines and penalties to be promulgated by the parking
    44  violations bureau of the city of New York. The liability  of  the  owner
    45  pursuant  to  this  section  shall  not exceed fifty dollars for a first
    46  violation, one hundred dollars for a second violation within  a  twelve-
    47  month  period,  one hundred fifty dollars for a third violation within a
    48  twelve-month period, two hundred dollars for a fourth violation within a
    49  twelve-month period, and two hundred fifty dollars for  each  subsequent
    50  violation within a twelve-month period; provided, however, that an owner
    51  shall  be  liable  for  an  additional penalty not to exceed twenty-five
    52  dollars for each violation for the failure to respond  to  a  notice  of
    53  liability within the prescribed time period.
    54    (g)  An imposition of liability under the demonstration program estab-
    55  lished pursuant to subdivision (a) of this section shall not be deemed a
    56  conviction of an operator and shall not be made part  of  the  operating

        A. 8902                             5

     1  record  of  the person upon whom such liability is imposed, nor shall it
     2  be used for insurance purposes in the provision of motor vehicle  insur-
     3  ance coverage.
     4    (h) 1. A notice of liability shall be sent by first class mail to each
     5  person  alleged  to  be  liable  as an owner for a violation of a street
     6  cleaning-related traffic regulation.  Personal  delivery  to  the  owner
     7  shall  not be required. A manual or automatic record of mailing prepared
     8  in the ordinary course of business shall be prima facie evidence of  the
     9  facts contained therein.
    10    2.  A  notice  of  liability shall contain the name and address of the
    11  person alleged to be liable as an owner for  a  violation  of  a  street
    12  cleaning-related  traffic  regulation,  the  registration  number of the
    13  vehicle involved in such violation, the location  where  such  violation
    14  took  place  including  the street address or cross streets, one or more
    15  images identifying the violation, the date and time of  such  violation,
    16  the  identification  number  of the street cleaning-related photo device
    17  which recorded the violation  or  other  document  locator  number,  and
    18  whether  the device was stationary or mobile. If the street cleaning-re-
    19  lated photo device was mobile, an identity  of  the  vehicle  containing
    20  such  street  cleaning-related  photo  device  shall  be included in the
    21  notice.
    22    3. The notice of liability  shall  contain  information  advising  the
    23  persons  charged  of  the  manner  and  the  time in which he or she may
    24  contest the liability alleged in the notice. Such  notice  of  liability
    25  shall  also contain a warning to advise the persons charged that failure
    26  to contest in the manner and time provided shall be deemed an  admission
    27  of liability and that a default judgment may be entered thereon.
    28    4.  The notice of liability shall be prepared and mailed by the agency
    29  or agencies designated by the city of New  York,  or  any  other  entity
    30  authorized by such city to prepare and mail such notice of liability.
    31    (i)  Adjudication of the liability imposed upon owners by this section
    32  shall be conducted by the New York city parking violations bureau.
    33    (j) If an owner of a vehicle receives a notice of  liability  pursuant
    34  to  this  section  for  any  time  period  during which such vehicle was
    35  reported to the police department as having been stolen, it shall  be  a
    36  valid  defense to an allegation of liability for a violation of a street
    37  cleaning-related traffic regulation pursuant to this  section  that  the
    38  vehicle  had been reported to the police as stolen prior to the time the
    39  violation occurred and had not been recovered by such time. For purposes
    40  of asserting the defense provided by this subdivision it shall be suffi-
    41  cient that a certified copy of the police report on the  stolen  vehicle
    42  be  sent  by  first  class mail to the parking violations bureau of such
    43  city.
    44    (k) 1. An owner who is a lessor of a vehicle  to  which  a  notice  of
    45  liability  was  issued pursuant to subdivision (h) of this section shall
    46  not be liable for the violation of  a  street  cleaning-related  traffic
    47  regulation, provided that:
    48    (i)  prior  to  the  violation, the lessor has filed with such parking
    49  violations bureau in accordance  with  the  provisions  of  section  two
    50  hundred thirty-nine of this chapter; and
    51    (ii) within thirty-seven days after receiving notice from such parking
    52  violations bureau of the date and time of a liability, together with the
    53  other  information  contained  in  the original notice of liability, the
    54  lessor submits to such bureau the correct name and address of the lessee
    55  of the vehicle identified in the notice of liability at the time of such
    56  violation, together with such other additional information contained  in

        A. 8902                             6

     1  the  rental,  lease  or  other  contract  document, as may be reasonably
     2  required by such bureau pursuant to regulations that may be  promulgated
     3  for such purpose.
     4    2.  Failure  to comply with subparagraph (ii) of paragraph one of this
     5  subdivision shall render the lessor liable for the penalty prescribed in
     6  this section.
     7    3. Where the lessor complies with the provisions of paragraph  one  of
     8  this  subdivision,  the  lessee  of  such  vehicle  on  the date of such
     9  violation shall be deemed to be the owner of such vehicle  for  purposes
    10  of this section, shall be subject to liability for such violation pursu-
    11  ant  to this section and shall be sent a notice of liability pursuant to
    12  subdivision (h) of this section.
    13    (l) 1. If the owner liable for a violation of a street cleaning-relat-
    14  ed traffic regulation pursuant to this section was not the  operator  of
    15  the  vehicle  at  the  time of such violation, the owner may maintain an
    16  action for indemnification against the operator.
    17    2. Notwithstanding any other provision of this section, no owner of  a
    18  vehicle  shall  be  subject  to a monetary fine imposed pursuant to this
    19  section if the operator of such vehicle was operating such vehicle with-
    20  out the consent of the owner at the time such operator failed to obey  a
    21  street  cleaning-related traffic regulation. For purposes of this subdi-
    22  vision there shall be a presumption that the operator  of  such  vehicle
    23  was  operating  such  vehicle  with the consent of the owner at the time
    24  such operator failed to obey a  street  cleaning-related  traffic  regu-
    25  lation.
    26    (m)  Nothing in this section shall be construed to limit the liability
    27  of an operator of a vehicle for any violation of a  street  cleaning-re-
    28  lated traffic regulation.
    29    (n) If the city of New York adopts a demonstration program pursuant to
    30  subdivision  (a) of this section, such city shall submit a report on the
    31  results of the use of  street  cleaning-related  photo  devices  to  the
    32  governor,  the temporary president of the senate, and the speaker of the
    33  assembly by April first, two thousand twenty-six  and  every  two  years
    34  thereafter.  The city of New York shall also make such reports available
    35  on its public-facing websites, provided that it  may  provide  aggregate
    36  data  from  paragraph  one  of  this  subdivision if the city finds that
    37  publishing specific location data would jeopardize public  safety.  Such
    38  report shall include, but not be limited to:
    39    1.  a  description  of  the  locations and/or street cleaning vehicles
    40  where street cleaning-related photo devices were used;
    41    2. the total number of violations recorded on  a  monthly  and  annual
    42  basis;
    43    3. the total number of notices of liability issued;
    44    4.  the number of fines and total amount of fines paid after the first
    45  notice of liability;
    46    5. the number of violations adjudicated and results  of  such  adjudi-
    47  cations including breakdowns of dispositions made;
    48    6. the total amount of revenue realized by such city;
    49    7. the quality of the adjudication process and its results;
    50    8. the total number of cameras by type of camera used; and
    51    9. the total cost to such city.
    52    (o)  Any  revenue  from  fines and penalties collected from any mobile
    53  street cleaning-related photo devices, shall be remitted by the city  of
    54  New  York  to be deposited in any fund related to funding the department
    55  of sanitation.

        A. 8902                             7

     1    (p) It shall be a defense to any prosecution  for  a  violation  of  a
     2  street  cleaning-related  traffic regulation pursuant to a demonstration
     3  program adopted pursuant to subdivision (a) of this  section  that  such
     4  street cleaning-related photo devices were malfunctioning at the time of
     5  the alleged violation.
     6    §  2.  Subdivision 1 of section 235 of the vehicle and traffic law, as
     7  amended by section 2 of part MM of chapter 56 of the laws  of  2023,  is
     8  amended to read as follows:
     9    1.  Notwithstanding any inconsistent provision of any general, special
    10  or local law or administrative code to the contrary, in any  city  which
    11  heretofore  or  hereafter  is  authorized to establish an administrative
    12  tribunal: (a) to hear and determine complaints  of  traffic  infractions
    13  constituting parking, standing or stopping violations, or (b) to adjudi-
    14  cate  the  liability  of  owners  for  violations  of subdivision (d) of
    15  section eleven hundred eleven of this  chapter  imposed  pursuant  to  a
    16  local  law  or  ordinance  imposing monetary liability on the owner of a
    17  vehicle for failure of an operator thereof to comply  with  traffic-con-
    18  trol  indications through the installation and operation of traffic-con-
    19  trol signal photo violation-monitoring systems, in accordance with arti-
    20  cle twenty-four of this chapter, or (c) to adjudicate the  liability  of
    21  owners  for  violations  of  subdivision  (b),  (c),  (d), (f) or (g) of
    22  section eleven hundred eighty of this  chapter  imposed  pursuant  to  a
    23  demonstration  program  imposing  monetary  liability  on the owner of a
    24  vehicle for failure of an operator thereof to comply  with  such  posted
    25  maximum  speed  limits  through  the installation and operation of photo
    26  speed violation monitoring systems, in accordance with article thirty of
    27  this  chapter,  or  (d)  to  adjudicate  the  liability  of  owners  for
    28  violations of bus lane restrictions as defined by article twenty-four of
    29  this  chapter  imposed  pursuant to a bus rapid transit program imposing
    30  monetary liability on the owner of a vehicle for failure of an  operator
    31  thereof  to comply with such bus lane restrictions through the installa-
    32  tion and operation of bus lane photo devices, in accordance with article
    33  twenty-four of this chapter, or  (e)  to  adjudicate  the  liability  of
    34  owners  for violations of toll collection regulations imposed by certain
    35  public authorities pursuant to the law authorizing such public  authori-
    36  ties  to impose monetary liability on the owner of a vehicle for failure
    37  of an operator thereof to comply with  toll  collection  regulations  of
    38  such  public  authorities  through  the  installation  and  operation of
    39  photo-monitoring systems, in accordance with the provisions  of  section
    40  two  thousand nine hundred eighty-five of the public authorities law and
    41  sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred
    42  seventy-four of the laws of nineteen hundred fifty, or (f) to adjudicate
    43  the  liability of owners for violations of section eleven hundred seven-
    44  ty-four of this chapter when meeting a school bus marked and equipped as
    45  provided in  subdivisions  twenty  and  twenty-one-c  of  section  three
    46  hundred  seventy-five of this chapter imposed pursuant to a local law or
    47  ordinance imposing monetary liability on the  owner  of  a  vehicle  for
    48  failure  of  an  operator  thereof  to comply with school bus red visual
    49  signals through the installation  and  operation  of  school  bus  photo
    50  violation  monitoring systems, in accordance with article twenty-nine of
    51  this  chapter,  or  (g)  to  adjudicate  the  liability  of  owners  for
    52  violations  of section three hundred eighty-five of this chapter and the
    53  rules of the department of transportation of the city  of  New  York  in
    54  relation  to  gross vehicle weight and/or axle weight violations imposed
    55  pursuant to a weigh in motion demonstration  program  imposing  monetary
    56  liability  on  the owner of a vehicle for failure of an operator thereof

        A. 8902                             8

     1  to comply with such gross vehicle weight and/or axle weight restrictions
     2  through the installation and operation  of  weigh  in  motion  violation
     3  monitoring  systems,  in accordance with article ten of this chapter, or
     4  (h)  to adjudicate the liability of owners for violations of subdivision
     5  (b), (d), (f) or (g) of section eleven hundred eighty  of  this  chapter
     6  imposed  pursuant to a demonstration program imposing monetary liability
     7  on the owner of a vehicle for failure of an operator thereof  to  comply
     8  with  such  posted maximum speed limits within a highway construction or
     9  maintenance work area through the installation and  operation  of  photo
    10  speed violation monitoring systems, in accordance with article thirty of
    11  this  chapter,  or  (i)  to  adjudicate  the  liability  of  owners  for
    12  violations of bus operation-related traffic regulations  as  defined  by
    13  article  twenty-four of this chapter imposed pursuant to a demonstration
    14  program imposing monetary liability on the owner of a vehicle for  fail-
    15  ure  of  an  operator  thereof to comply with such bus operation-related
    16  traffic regulations through the installation and operation of bus opera-
    17  tion-related photo devices, in accordance with  article  twenty-four  of
    18  this  chapter,  or  (j)  to  adjudicate  the  liability  of  owners  for
    19  violations of street cleaning-related traffic regulations as defined  by
    20  article  twenty-four of this chapter imposed pursuant to a demonstration
    21  program imposing monetary liability on the owner of a vehicle for  fail-
    22  ure  of an operator thereof to comply with such street  cleaning-related
    23  traffic  regulations  through  the  installation and operation of street
    24  cleaning-related photo devices, in accordance with  article  twenty-four
    25  of  this chapter, such tribunal and the rules and regulations pertaining
    26  thereto shall be constituted in substantial conformance with the follow-
    27  ing sections.
    28    § 3. Subdivision 1 of section 236 of the vehicle and traffic  law,  as
    29  amended  by  section  3 of part MM of chapter 56 of the laws of 2023, is
    30  amended to read as follows:
    31    1. Creation. In any city as hereinbefore or hereafter authorized  such
    32  tribunal  when  created  shall be known as the parking violations bureau
    33  and shall have jurisdiction of traffic infractions  which  constitute  a
    34  parking violation and, where authorized: (a) to adjudicate the liability
    35  of  owners  for  violations of subdivision (d) of section eleven hundred
    36  eleven of this chapter imposed pursuant to  a  local  law  or  ordinance
    37  imposing  monetary liability on the owner of a vehicle for failure of an
    38  operator thereof to comply with traffic-control indications through  the
    39  installation  and  operation  of traffic-control signal photo violation-
    40  monitoring systems, in accordance with article twenty-four of this chap-
    41  ter, or (b) to adjudicate the liability  of  owners  for  violations  of
    42  subdivision  (b),  (c), (d), (f) or (g) of section eleven hundred eighty
    43  of this chapter imposed pursuant to  a  demonstration  program  imposing
    44  monetary  liability on the owner of a vehicle for failure of an operator
    45  thereof to comply with such posted  maximum  speed  limits  through  the
    46  installation  and operation of photo speed violation monitoring systems,
    47  in accordance with article thirty of this chapter, or (c) to  adjudicate
    48  the  liability  of  owners  for  violations  of bus lane restrictions as
    49  defined by article twenty-four of this chapter imposed pursuant to a bus
    50  rapid transit program imposing monetary liability  on  the  owner  of  a
    51  vehicle  for failure of an operator thereof to comply with such bus lane
    52  restrictions through the installation and operation of  bus  lane  photo
    53  devices,  in accordance with article twenty-four of this chapter, or (d)
    54  to adjudicate the liability of owners for violations of toll  collection
    55  regulations  imposed  by  certain public authorities pursuant to the law
    56  authorizing such public authorities to impose monetary liability on  the

        A. 8902                             9

     1  owner  of  a  vehicle  for failure of an operator thereof to comply with
     2  toll collection regulations  of  such  public  authorities  through  the
     3  installation  and  operation  of photo-monitoring systems, in accordance
     4  with  the provisions of section two thousand nine hundred eighty-five of
     5  the  public  authorities  law  and  sections  sixteen-a,  sixteen-b  and
     6  sixteen-c  of chapter seven hundred seventy-four of the laws of nineteen
     7  hundred fifty,  or  (e)  to  adjudicate  the  liability  of  owners  for
     8  violations  of  section eleven hundred seventy-four of this chapter when
     9  meeting a school bus marked and equipped  as  provided  in  subdivisions
    10  twenty  and  twenty-one-c  of section three hundred seventy-five of this
    11  chapter imposed pursuant to a local law or ordinance  imposing  monetary
    12  liability  on  the owner of a vehicle for failure of an operator thereof
    13  to comply with school bus red visual signals  through  the  installation
    14  and  operation  of  school  bus  photo  violation monitoring systems, in
    15  accordance with article twenty-nine of this chapter, or (f)  to  adjudi-
    16  cate  the  liability  of  owners for violations of section three hundred
    17  eighty-five of this chapter and the rules of the department of transpor-
    18  tation of the city of New York  in  relation  to  gross  vehicle  weight
    19  and/or  axle  weight  violations  imposed  pursuant to a weigh in motion
    20  demonstration program imposing monetary liability  on  the  owner  of  a
    21  vehicle  for  failure  of  an operator thereof to comply with such gross
    22  vehicle weight and/or axle weight restrictions through the  installation
    23  and  operation  of  weigh  in  motion  violation  monitoring systems, in
    24  accordance with article ten of this chapter, or (g)  to  adjudicate  the
    25  liability  of  owners for violations of subdivision (b), (d), (f) or (g)
    26  of section eleven hundred eighty of this chapter imposed pursuant  to  a
    27  demonstration  program  imposing  monetary  liability  on the owner of a
    28  vehicle for failure of an operator thereof to comply  with  such  posted
    29  maximum  speed  limits within a highway construction or maintenance work
    30  area through the installation and operation  of  photo  speed  violation
    31  monitoring  systems,  in accordance with article thirty of this chapter,
    32  or (h) to adjudicate the liability of owners for violations of bus oper-
    33  ation-related traffic regulations as defined by article  twenty-four  of
    34  this  chapter imposed pursuant to a demonstration program imposing mone-
    35  tary liability on the owner of a vehicle  for  failure  of  an  operator
    36  thereof  to  comply  with such bus operation-related traffic regulations
    37  through the installation and operation of  bus  operation-related  photo
    38  devices,  in accordance with article twenty-four of this chapter, or (i)
    39  to adjudicate the liability of owners for violations  of  street  clean-
    40  ing-related  traffic  regulations  as defined by article twenty-four  of
    41  this  chapter imposed pursuant to a demonstration program imposing mone-
    42  tary liability on the owner of a vehicle  for  failure  of an   operator
    43  thereof    to   comply   with such street cleaning-related traffic regu-
    44  lations through the installation and operation of   street  cleaning-re-
    45  lated   photo devices,  in  accordance  with article twenty-four of this
    46  chapter.   Such tribunal, except in a city  with  a  population  of  one
    47  million  or  more,  shall  also  have  jurisdiction of abandoned vehicle
    48  violations. For the purposes of this article, a parking violation is the
    49  violation of any law, rule or regulation providing for or regulating the
    50  parking, stopping or standing of a vehicle. In addition for purposes  of
    51  this  article, "commissioner" shall mean and include the commissioner of
    52  traffic of the city or  an  official  possessing  authority  as  such  a
    53  commissioner.
    54    §  4. Paragraph   f of subdivision 1 of section 239 of the vehicle and
    55  traffic law, as amended by section 4 of part MM of  chapter  56  of  the
    56  laws of 2023, is amended to read as follows:

        A. 8902                            10

     1    f.  "Notice  of  violation"  means a notice of violation as defined in
     2  subdivision nine of section two hundred thirty-seven  of  this  article,
     3  but shall not be deemed to include a notice of liability issued pursuant
     4  to authorization set forth in articles ten, twenty-four, twenty-nine and
     5  thirty of this chapter, section two thousand nine hundred eighty-five of
     6  the  public  authorities  law  and  sections  sixteen-a,  sixteen-b  and
     7  sixteen-c of chapter seven hundred seventy-four of the laws of  nineteen
     8  hundred fifty to impose monetary liability on the owner of a vehicle for
     9  failure  of  an  operator  thereof: to comply with traffic-control indi-
    10  cations in violation of subdivision (d) of section eleven hundred eleven
    11  of this chapter through the installation and operation  of  traffic-con-
    12  trol signal photo violation-monitoring systems, in accordance with arti-
    13  cle  twenty-four of this chapter; or to comply with certain posted maxi-
    14  mum speed limits in violation of subdivision (b), (c), (d), (f)  or  (g)
    15  of  section  eleven hundred eighty of this chapter through the installa-
    16  tion and operation of  photo  speed  violation  monitoring  systems,  in
    17  accordance  with  article  thirty of this chapter; or to comply with bus
    18  lane restrictions as defined by  article  twenty-four  of  this  chapter
    19  through  the  installation  and  operation of bus lane photo devices, in
    20  accordance with article twenty-four of this chapter; or to  comply  with
    21  toll  collection  regulations  of certain public authorities through the
    22  installation and operation of photo-monitoring  systems,  in  accordance
    23  with  the provisions of section two thousand nine hundred eighty-five of
    24  the  public  authorities  law  and  sections  sixteen-a,  sixteen-b  and
    25  sixteen-c  of chapter seven hundred seventy-four of the laws of nineteen
    26  hundred fifty; or to stop for a  school  bus  displaying  a  red  visual
    27  signal in violation of section eleven hundred seventy-four of this chap-
    28  ter through the installation and operation of school bus photo violation
    29  monitoring systems, in accordance with article twenty-nine of this chap-
    30  ter;  or to comply with certain posted maximum speed limits in violation
    31  of subdivision (b), (d), (f) or (g) of section eleven hundred eighty  of
    32  this  chapter  within  a  highway  construction or maintenance work area
    33  through the installation and operation of photo speed violation monitor-
    34  ing systems, in accordance with article thirty of this  chapter;  or  to
    35  comply  with  gross  vehicle  weight  and/or axle weight restrictions in
    36  violation of section three hundred eighty-five of this chapter  and  the
    37  rules  of  the  department  of  transportation  of  the city of New York
    38  through the installation and operation  of  weigh  in  motion  violation
    39  monitoring  systems,  in accordance with article ten of this chapter; or
    40  to comply with bus operation-related traffic regulations as  defined  by
    41  article  twenty-four  of  this  chapter in violation of the rules of the
    42  department of transportation of the city of New York through the instal-
    43  lation and operation of bus operation-related photo devices, in  accord-
    44  ance  with article twenty-four of this chapter; or to comply with street
    45  cleaning-related traffic regulations as defined by  article  twenty-four
    46  of this chapter in violation of the rules of the department of transpor-
    47  tation of the city of New York through the installation and operation of
    48  street  cleaning-related photo devices, in accordance with article twen-
    49  ty-four of this chapter.
    50    § 5. Subdivisions 1, 1-a and the opening subparagraph of paragraph (a)
    51  of subdivision 1-b of section 240 of the vehicle  and  traffic  law,  as
    52  amended  by  section 5 of part MM of chapter 56 of the laws of 2023, are
    53  amended to read as follows:
    54    1. Notice of  hearing.  Whenever  a  person  charged  with  a  parking
    55  violation  enters a plea of not guilty; or a person alleged to be liable
    56  in accordance with any provisions of law  specifically  authorizing  the

        A. 8902                            11

     1  imposition  of  monetary liability on the owner of a vehicle for failure
     2  of an operator thereof: to comply with  traffic-control  indications  in
     3  violation  of  subdivision  (d) of section eleven hundred eleven of this
     4  chapter through the installation and operation of traffic-control signal
     5  photo  violation-monitoring  systems, in accordance with article twenty-
     6  four of this chapter; or to comply with  certain  posted  maximum  speed
     7  limits  in violation of subdivision (b), (c), (d), (f) or (g) of section
     8  eleven hundred eighty of this chapter through the installation and oper-
     9  ation of photo speed violation monitoring systems,  in  accordance  with
    10  article  thirty of this chapter; or to comply with bus lane restrictions
    11  as defined by article twenty-four of this chapter through the  installa-
    12  tion and operation of bus lane photo devices, in accordance with article
    13  twenty-four  of  this  chapter;  or to comply with toll collection regu-
    14  lations of certain public authorities through the installation and oper-
    15  ation of photo-monitoring systems, in accordance with the provisions  of
    16  section  two thousand nine hundred eighty-five of the public authorities
    17  law and sections sixteen-a, sixteen-b and  sixteen-c  of  chapter  seven
    18  hundred  seventy-four  of the laws of nineteen hundred fifty; or to stop
    19  for a school bus displaying a red visual signal in violation of  section
    20  eleven hundred seventy-four of this chapter through the installation and
    21  operation  of  school bus photo violation monitoring systems, in accord-
    22  ance with article twenty-nine of this chapter; or to comply with certain
    23  posted maximum speed limits in violation of subdivision (b), (d), (f) or
    24  (g) of section eleven hundred eighty of this chapter  within  a  highway
    25  construction or maintenance work area through the installation and oper-
    26  ation  of  photo  speed violation monitoring systems, in accordance with
    27  article thirty of this chapter; or to comply with gross  vehicle  weight
    28  and/or  axle  weight  restrictions in violation of section three hundred
    29  eighty-five of this chapter and the rules of the department of transpor-
    30  tation of the city of New York through the installation and operation of
    31  weigh in motion violation monitoring systems, in accordance with article
    32  ten of this chapter; or to comply  with  bus  operation-related  traffic
    33  regulations  as  defined  by  article  twenty-four  of  this  chapter in
    34  violation of the rules of the department of transportation of  the  city
    35  of  New York through the installation and operation of bus operation-re-
    36  lated photo devices, in accordance  with  article  twenty-four  of  this
    37  chapter;  or  to comply with street cleaning-related traffic regulations
    38  as defined by article twenty-four of this chapter in  violation  of  the
    39  rules  of  the  department  of  transportation  of  the city of New York
    40  through the installation and operation of street cleaning-related  photo
    41  devices,  in  accordance  with  article  twenty-four  of  this  chapter,
    42  contests such allegation, the bureau shall advise such person personally
    43  by such form of first class mail as the director may direct of the  date
    44  on  which  he  or she must appear to answer the charge at a hearing. The
    45  form and content of such notice of hearing shall be  prescribed  by  the
    46  director,  and  shall contain a warning to advise the person so pleading
    47  or contesting that failure to appear on the date designated, or  on  any
    48  subsequent  adjourned  date,  shall be deemed an admission of liability,
    49  and that a default judgment may be entered thereon.
    50    1-a. Fines and penalties. Whenever a  plea  of  not  guilty  has  been
    51  entered, or the bureau has been notified that an allegation of liability
    52  in  accordance with provisions of law specifically authorizing the impo-
    53  sition of monetary liability on the owner of a vehicle for failure of an
    54  operator  thereof:  to  comply  with  traffic-control   indications   in
    55  violation  of  subdivision  (d) of section eleven hundred eleven of this
    56  chapter through the installation and operation of traffic-control signal

        A. 8902                            12

     1  photo violation-monitoring systems, in accordance with  article  twenty-
     2  four  of  this  chapter;  or to comply with certain posted maximum speed
     3  limits in violation of subdivision (b), (c), (d), (f) or (g) of  section
     4  eleven hundred eighty of this chapter through the installation and oper-
     5  ation  of  photo  speed violation monitoring systems, in accordance with
     6  article thirty of this chapter; or to comply with bus lane  restrictions
     7  as  defined by article twenty-four of this chapter through the installa-
     8  tion and operation of bus lane photo devices, in accordance with article
     9  twenty-four of this chapter; or to comply  with  toll  collection  regu-
    10  lations of certain public authorities through the installation and oper-
    11  ation  of photo-monitoring systems, in accordance with the provisions of
    12  section two thousand nine hundred eighty-five of the public  authorities
    13  law  and  sections  sixteen-a,  sixteen-b and sixteen-c of chapter seven
    14  hundred seventy-four of the laws of nineteen hundred fifty; or  to  stop
    15  for  a school bus displaying a red visual signal in violation of section
    16  eleven hundred seventy-four of this chapter through the installation and
    17  operation of school bus photo violation monitoring systems,  in  accord-
    18  ance with article twenty-nine of this chapter; or to comply with certain
    19  posted maximum speed limits in violation of subdivision (b), (d), (f) or
    20  (g)  of  section  eleven hundred eighty of this chapter within a highway
    21  construction or maintenance work area 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 gross vehicle weight
    24  and/or axle weight restrictions in violation of  section  three  hundred
    25  eighty-five of this chapter and the rules of the department of transpor-
    26  tation of the city of New York through the installation and operation of
    27  weigh in motion violation monitoring systems, in accordance with article
    28  ten  of  this  chapter;  or to comply with bus operation-related traffic
    29  regulations as  defined  by  article  twenty-four  of  this  chapter  in
    30  violation  of  the rules of the department of transportation of the city
    31  of New York through the installation and operation of bus  operation-re-
    32  lated  photo  devices,  in  accordance  with article twenty-four of this
    33  chapter; or to comply with street cleaning-related  traffic  regulations
    34  as  defined  by  article twenty-four of this chapter in violation of the
    35  rules of the department of  transportation  of  the  city  of  New  York
    36  through  the installation and operation of street cleaning-related photo
    37  devices, in accordance with article  twenty-four  of  this  chapter,  is
    38  being  contested, by a person in a timely fashion and a hearing upon the
    39  merits has been demanded, but has not yet been held,  the  bureau  shall
    40  not issue any notice of fine or penalty to that person prior to the date
    41  of the hearing.
    42    In a city having a population of one million or more, at every hearing
    43  for the adjudication of a notice of liability, as provided by this arti-
    44  cle,  there shall be a rebuttable presumption that the owner of a first-
    45  response emergency vehicle alleged to be liable in accordance  with  any
    46  provisions  of  law  specifically authorizing the imposition of monetary
    47  liability on the owner of a vehicle for failure of an operator  thereof:
    48  to  comply  with traffic-control indications in violation of subdivision
    49  (d) of section eleven hundred eleven of this chapter through the instal-
    50  lation and operation of traffic-control signal photo  violation-monitor-
    51  ing  systems, in accordance with article twenty-four of this chapter; or
    52  to comply with certain posted  maximum  speed  limits  in  violation  of
    53  subdivision  (b),  (c), (d), (f) or (g) of section eleven hundred eighty
    54  of this chapter through the installation and operation  of  photo  speed
    55  violation  monitoring systems, in accordance with article thirty of this
    56  chapter; or to comply with bus lane restrictions as defined  by  article

        A. 8902                            13

     1  twenty-four  of  this  chapter through the installation and operation of
     2  bus lane photo devices, in accordance with article twenty-four  of  this
     3  chapter;  or to comply with bus operation-related traffic regulations as
     4  defined by article twenty-four of this chapter in violation of the rules
     5  of  the department of transportation of the city of New York through the
     6  installation and operation of bus operation-related  photo  devices,  in
     7  accordance  with  article twenty-four of this chapter; or to comply with
     8  street cleaning-related traffic regulations as defined by article  twen-
     9  ty-four  of  this chapter in  violation  of  the rules of the department
    10  of transportation of the city of New York through the  installation  and
    11  operation    of   street cleaning-related   photo devices, in accordance
    12  with article twenty-four of this chapter is not liable for such  alleged
    13  violation if such owner of the first-response emergency vehicle provides
    14  the hearing officer with:
    15    § 6. Paragraphs a and g of subdivision 2 of section 240 of the vehicle
    16  and traffic law, as amended by section 6 of part MM of chapter 56 of the
    17  laws of 2023, are amended to read as follows:
    18    a. Every hearing for the adjudication of a charge of parking violation
    19  or an allegation of liability of an owner for a violation of subdivision
    20  (d) of section eleven hundred eleven of this chapter imposed pursuant to
    21  a  local  law or ordinance imposing monetary liability on the owner of a
    22  vehicle for failure of an operator thereof to comply  with  traffic-con-
    23  trol  indications through the installation and operation of traffic-con-
    24  trol signal photo violation-monitoring systems, in accordance with arti-
    25  cle twenty-four of this chapter, or an allegation  of  liability  of  an
    26  owner  for  a  violation  of  subdivision  (b),  (c), (d), (f) or (g) of
    27  section eleven hundred eighty of this  chapter  imposed  pursuant  to  a
    28  demonstration  program  imposing  monetary  liability  on the owner of a
    29  vehicle for failure of an operator thereof to comply with certain posted
    30  maximum speed limits through the installation  and  operation  of  photo
    31  speed violation monitoring systems, in accordance with article thirty of
    32  this  chapter, or an allegation of liability of an owner for a violation
    33  of bus lane restrictions as defined by article twenty-four of this chap-
    34  ter imposed pursuant to a bus rapid transit  program  imposing  monetary
    35  liability  on  the owner of a vehicle for failure of an operator thereof
    36  to comply with such bus lane restrictions through the  installation  and
    37  operation  of bus lane photo devices, in accordance with article twenty-
    38  four of this chapter, or an allegation of liability of an  owner  for  a
    39  violation  of  toll  collection  regulations  imposed  by certain public
    40  authorities pursuant to the law authorizing such public  authorities  to
    41  impose  monetary  liability  on the owner of a vehicle for failure of an
    42  operator thereof to comply with  toll  collection  regulations  of  such
    43  public authorities through the installation and operation of photo-moni-
    44  toring  systems,  in accordance with the provisions of section two thou-
    45  sand nine 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, or an allegation of liability  of
    48  an  owner for a violation of section eleven hundred seventy-four of this
    49  chapter when meeting a school bus marked and  equipped  as  provided  in
    50  subdivisions  twenty  and twenty-one-c of section three hundred seventy-
    51  five of this chapter imposed pursuant to a local law or ordinance impos-
    52  ing monetary liability on the owner of a vehicle for failure of an oper-
    53  ator thereof to comply with school bus red visual  signals  through  the
    54  installation  and  operation  of  school  bus photo violation monitoring
    55  systems, in accordance with article twenty-nine of this chapter,  or  an
    56  allegation  of liability of an owner for a violation of subdivision (b),

        A. 8902                            14

     1  (d), (f) or (g) of section eleven hundred eighty of this chapter imposed
     2  pursuant to a demonstration program imposing monetary liability  on  the
     3  owner  of  a  vehicle  for failure of an operator thereof to comply with
     4  certain  posted  maximum  speed  limits within a highway construction or
     5  maintenance work area through the installation and  operation  of  photo
     6  speed violation monitoring systems, in accordance with article thirty of
     7  this  chapter, or an allegation of liability of an owner for a violation
     8  of section three hundred eighty-five of this chapter and  the  rules  of
     9  the  department of transportation of the city of New York in relation to
    10  gross vehicle weight and/or axle weight violations imposed pursuant to a
    11  weigh in motion demonstration program imposing monetary liability on the
    12  owner of a vehicle for failure of an operator  thereof  to  comply  with
    13  such  gross  vehicle  weight and/or axle weight restrictions through the
    14  installation and operation  of  weigh  in  motion  violation  monitoring
    15  systems,  in  accordance with article ten of this chapter, or an allega-
    16  tion of liability of an owner for a violation of  bus  operation-related
    17  traffic  regulations  as  defined by article twenty-four of this chapter
    18  imposed pursuant to a demonstration program imposing monetary  liability
    19  on  the  owner of a vehicle for failure of an operator thereof to comply
    20  with such bus operation-related traffic regulations 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  an  allegation  of
    23  liability  of an owner for a violation of  street cleaning-related traf-
    24  fic  regulations  as   defined by article twenty-four  of  this  chapter
    25  imposed pursuant to a demonstration program imposing monetary  liability
    26  on  the  owner of a vehicle for failure of an operator thereof to comply
    27  with  such  street  cleaning-related  traffic  regulations  through  the
    28  installation  and operation of street cleaning-related photo devices, in
    29  accordance with article twenty-four  of  this  chapter,  shall  be  held
    30  before  a  hearing  examiner  in  accordance  with rules and regulations
    31  promulgated by the bureau.
    32    g. A record shall be made of a hearing on a plea of not guilty or of a
    33  hearing at which liability in accordance  with  any  provisions  of  law
    34  specifically  authorizing  the  imposition  of monetary liability on the
    35  owner of a vehicle for failure of an operator thereof:  to  comply  with
    36  traffic-control  indications  in violation of subdivision (d) of section
    37  eleven hundred eleven of this chapter through the installation and oper-
    38  ation of traffic-control signal photo violation-monitoring  systems,  in
    39  accordance  with  article  twenty-four  of  this chapter; to comply with
    40  certain posted maximum speed limits in  violation  of  subdivision  (b),
    41  (c),  (d),  (f)  or (g) of section eleven hundred eighty of this chapter
    42  through the installation and operation of photo speed violation monitor-
    43  ing systems, in accordance with  article  thirty  of  this  chapter;  to
    44  comply  with  bus lane restrictions as defined by article twenty-four of
    45  this chapter through the installation and operation of  bus  lane  photo
    46  devices,  in  accordance  with  article  twenty-four of this chapter; to
    47  comply with toll collection regulations of  certain  public  authorities
    48  through  the  installation and operation of photo-monitoring systems, in
    49  accordance with the provisions of  section  two  thousand  nine  hundred
    50  eighty-five  of  the  public  authorities  law  and  sections sixteen-a,
    51  sixteen-b and sixteen-c of chapter seven  hundred  seventy-four  of  the
    52  laws  of  nineteen  hundred fifty; to stop for a school bus displaying a
    53  red visual signal in violation of section eleven hundred seventy-four of
    54  this chapter through the installation and operation of school bus  photo
    55  violation  monitoring systems, in accordance with article twenty-nine of
    56  this chapter; to comply with certain  posted  maximum  speed  limits  in

        A. 8902                            15

     1  violation  of subdivision (b), (d), (f) or (g) of section eleven hundred
     2  eighty of this chapter within a highway construction or maintenance work
     3  area through the installation and operation  of  photo  speed  violation
     4  monitoring  systems,  in accordance with article thirty of this chapter;
     5  to comply with gross vehicle weight and/or axle weight  restrictions  in
     6  violation  of  section three hundred eighty-five of this chapter and the
     7  rules of the department of  transportation  of  the  city  of  New  York
     8  through  the  installation  and  operation  of weigh in motion violation
     9  monitoring systems, in accordance with article ten of this  chapter;  or
    10  to  comply  with bus operation-related traffic regulations as defined by
    11  article twenty-four of this chapter in violation of  the  rules  of  the
    12  department of transportation of the city of New York through the instal-
    13  lation  and operation of bus operation-related photo devices, in accord-
    14  ance with article twenty-four of this chapter; or to comply with  street
    15  cleaning-related  traffic regulations  as defined by article twenty-four
    16  of this chapter in violation of the rules of  the department  of  trans-
    17  portation of the city of New York through the installation and operation
    18  of  street  cleaning-related  photo  devices, in accordance with article
    19  twenty-four of this chapter, is contested. Recording devices may be used
    20  for the making of the record.
    21    § 7. Subdivisions 1 and 2 of section 241 of the  vehicle  and  traffic
    22  law,  as  amended  by  section 7 of part MM of chapter 56 of the laws of
    23  2023, are amended to read as follows:
    24    1. The hearing examiner shall make a  determination  on  the  charges,
    25  either  sustaining or dismissing them. Where the hearing examiner deter-
    26  mines that the charges have been sustained he or she may examine  either
    27  the  prior  parking  violations  record  or  the  record  of liabilities
    28  incurred in accordance with any provisions of law specifically authoriz-
    29  ing the imposition of monetary liability on the owner of a  vehicle  for
    30  failure  of  an  operator  thereof: to comply with traffic-control indi-
    31  cations in violation of subdivision (d) of section eleven hundred eleven
    32  of this chapter 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; to comply with certain posted maximum
    35  speed limits in violation of subdivision (b), (c), (d), (f)  or  (g)  of
    36  section  eleven  hundred eighty of this chapter through the installation
    37  and operation of photo speed violation monitoring systems, in accordance
    38  with  article  thirty  of  this  chapter;  to  comply  with   bus   lane
    39  restrictions  as  defined by article twenty-four of this chapter through
    40  the installation and operation of bus lane photo devices, in  accordance
    41  with article twenty-four of this chapter; to comply with toll collection
    42  regulations  of  certain public authorities through the installation and
    43  operation of photo-monitoring systems, in accordance with the provisions
    44  of section two thousand nine hundred eighty-five of the public  authori-
    45  ties  law  and  sections  sixteen-a,  sixteen-b and sixteen-c of chapter
    46  seven hundred seventy-four of the laws of  nineteen  hundred  fifty;  to
    47  stop  for  a  school  bus displaying a red visual signal in violation of
    48  section eleven hundred seventy-four of this chapter through the  instal-
    49  lation  and  operation of school bus photo violation monitoring systems,
    50  in accordance with article twenty-nine of this chapter; to  comply  with
    51  certain  posted  maximum  speed  limits in violation of subdivision (b),
    52  (d), (f) or (g) of section eleven hundred eighty of this chapter  within
    53  a highway construction or maintenance work area through the installation
    54  and operation of photo speed violation monitoring systems, in accordance
    55  with article thirty of this chapter; to comply with gross vehicle weight
    56  and/or  axle  weight  restrictions in violation of section three hundred

        A. 8902                            16

     1  eighty-five of this chapter and the rules of the department of transpor-
     2  tation of the city of New York through the installation and operation of
     3  weigh in motion violation monitoring systems, in accordance with article
     4  ten  of  this chapter; [or] to comply with bus operation-related traffic
     5  regulations as  defined  by  article  twenty-four  of  this  chapter  in
     6  violation  of  the rules of the department of transportation of the city
     7  of New York through the installation and operation of bus  operation-re-
     8  lated  photo  devices,  in  accordance  with article twenty-four of this
     9  chapter; or to comply with street cleaning-related  traffic  regulations
    10  as  defined  by  article twenty-four of this chapter in violation of the
    11  rules of the department of  transportation  of  the  city  of  New  York
    12  through  the installation and operation of street cleaning-related photo
    13  devices, in accordance with article twenty-four of this chapter, of  the
    14  person  charged, as applicable prior to rendering a final determination.
    15  Final determinations sustaining or dismissing charges shall  be  entered
    16  on  a  final  determination  roll maintained by the bureau together with
    17  records showing payment and nonpayment of penalties.
    18    2. Where an operator or owner fails to enter a plea to a charge  of  a
    19  parking  violation  or  contest an allegation of liability in accordance
    20  with any provisions of law specifically authorizing  the  imposition  of
    21  monetary  liability on the owner of a vehicle for failure of an operator
    22  thereof: to comply with  traffic-control  indications  in  violation  of
    23  subdivision (d) of section eleven hundred eleven of this chapter through
    24  the  installation  and  operation of traffic-control signal photo viola-
    25  tion-monitoring systems, in accordance with article twenty-four of  this
    26  chapter; to comply with certain posted maximum speed limits in violation
    27  of  subdivision  (b),  (c),  (d),  (f)  or (g) of section eleven hundred
    28  eighty of this chapter through the installation and operation  of  photo
    29  speed violation monitoring systems, in accordance with article thirty of
    30  this chapter; to comply with bus lane restrictions as defined by article
    31  twenty-four  of  this  chapter through the installation and operation of
    32  bus lane photo devices, in accordance with article twenty-four  of  this
    33  chapter;  to  comply  with toll collection regulations of certain public
    34  authorities through the installation and operation  of  photo-monitoring
    35  systems,  in accordance with the provisions of section two thousand nine
    36  hundred  eighty-five  of  the  public  authorities  law   and   sections
    37  sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
    38  of the laws of nineteen hundred fifty; to stop for a school bus display-
    39  ing  a red visual signal in violation of section eleven hundred seventy-
    40  four of this chapter through the installation and  operation  of  school
    41  bus photo violation monitoring systems, in accordance with article twen-
    42  ty-nine  of  this  chapter;  to comply with certain posted maximum speed
    43  limits in violation of subdivision (b), (d), (f) or (g) of section elev-
    44  en hundred eighty of this chapter within a highway construction or main-
    45  tenance work area through the installation and operation of photo  speed
    46  violation  monitoring systems, in accordance with article thirty of this
    47  chapter;  to  comply  with  gross  vehicle  weight  and/or  axle  weight
    48  restrictions  in  violation of section three hundred eighty-five of this
    49  chapter and the rules of the department of transportation of the city of
    50  New York through the installation  and  operation  of  weigh  in  motion
    51  violation  monitoring  systems,  in  accordance with article ten of this
    52  chapter; [or] to comply with bus operation-related  traffic  regulations
    53  as  defined  by  article twenty-four of this chapter in violation of the
    54  rules of the department of  transportation  of  the  city  of  New  York
    55  through  the  installation  and operation of bus operation-related photo
    56  devices, in accordance with article twenty-four of this chapter;  or  to

        A. 8902                            17

     1  comply  with  street  cleaning-related traffic regulations as defined by
     2  article twenty-four of this chapter in violation of  the  rules  of  the
     3  department of transportation of the city of New York through the instal-
     4  lation  and  operation  of  street  cleaning-related  photo  devices, in
     5  accordance with article twenty-four of this chapter, or fails to  appear
     6  on a designated hearing date or subsequent adjourned date or fails after
     7  a  hearing  to  comply  with the determination of a hearing examiner, as
     8  prescribed by this article or by rule or regulation of the bureau,  such
     9  failure  to  plead or contest, appear or comply shall be deemed, for all
    10  purposes, an admission of liability and shall be grounds  for  rendering
    11  and  entering  a default judgment in an amount provided by the rules and
    12  regulations of the bureau. However, after the expiration of the original
    13  date prescribed for entering a plea and before a default judgment may be
    14  rendered, in such case the  bureau  shall  pursuant  to  the  applicable
    15  provisions  of  law notify such operator or owner, by such form of first
    16  class mail as the commission may direct; (1) of the  violation  charged,
    17  or  liability  alleged  in accordance with any provisions of law specif-
    18  ically authorizing the imposition of monetary liability on the owner  of
    19  a  vehicle  for  failure of an operator thereof: to comply with traffic-
    20  control indications in violation of subdivision (d)  of  section  eleven
    21  hundred eleven of this chapter through the installation and operation of
    22  traffic-control signal photo violation-monitoring systems, in accordance
    23  with  article twenty-four of this chapter; to comply with certain posted
    24  maximum speed limits in violation of subdivision (b), (c), (d),  (f)  or
    25  (g) of section eleven hundred eighty of this chapter through the instal-
    26  lation  and  operation  of  photo speed violation monitoring systems, in
    27  accordance with article thirty of this chapter; to comply with bus  lane
    28  restrictions  as  defined by article twenty-four of this chapter through
    29  the installation and operation of bus lane photo devices, in  accordance
    30  with article twenty-four of this chapter; to comply with toll collection
    31  regulations  of  certain public authorities through the installation and
    32  operation of photo-monitoring systems, in accordance with the provisions
    33  of section two thousand nine hundred eighty-five of the public  authori-
    34  ties  law  and  sections  sixteen-a,  sixteen-b and sixteen-c of chapter
    35  seven hundred seventy-four of the laws of  nineteen  hundred  fifty;  to
    36  stop  for  a  school  bus displaying a red visual signal in violation of
    37  section eleven hundred seventy-four of this chapter through the  instal-
    38  lation  and  operation of school bus photo violation monitoring systems,
    39  in accordance with article twenty-nine of this chapter; to  comply  with
    40  certain  posted  maximum  speed  limits in violation of subdivision (b),
    41  (d), (f) or (g) of section eleven hundred eighty of this chapter  within
    42  a highway construction or maintenance work area through the installation
    43  and operation of photo speed violation monitoring systems, in accordance
    44  with article thirty of this chapter; to comply with gross vehicle weight
    45  and/or  axle  weight  restrictions in violation of section three hundred
    46  eighty-five of this chapter and the rules of the department of transpor-
    47  tation of the city of New York through the installation and operation of
    48  weigh in motion violation monitoring systems, in accordance with article
    49  ten of this chapter; [or] to comply with bus  operation-related  traffic
    50  regulations  as  defined  by  article  twenty-four  of  this  chapter in
    51  violation of the rules of the department of transportation of  the  city
    52  of  New York through the installation and operation of bus operation-re-
    53  lated photo devices, in accordance  with  article  twenty-four  of  this
    54  chapter;  or  to comply with street cleaning-related traffic regulations
    55  as defined by article twenty-four of this chapter in  violation  of  the
    56  rules  of  the  department  of  transportation  of  the city of New York

        A. 8902                            18

     1  through the installation and operation of street cleaning-related  photo
     2  devices,  in accordance with article twenty-four of this chapter, (2) of
     3  the impending default judgment, (3) that such judgment will  be  entered
     4  in the Civil Court of the city in which the bureau has been established,
     5  or other court of civil jurisdiction or any other place provided for the
     6  entry  of  civil  judgments within the state of New York, and (4) that a
     7  default may be avoided by entering a plea or contesting an allegation of
     8  liability in accordance with any provisions of law specifically  author-
     9  izing the imposition of monetary liability on the owner of a vehicle for
    10  failure  of  an  operator  thereof: to comply with traffic-control indi-
    11  cations in violation of subdivision (d) of section eleven hundred eleven
    12  of this chapter through the installation and operation  of  traffic-con-
    13  trol signal photo violation-monitoring systems, in accordance with arti-
    14  cle  twenty-four  of this chapter; to comply with certain posted maximum
    15  speed limits in violation of subdivision (b), (c), (d), (f)  or  (g)  of
    16  section  eleven  hundred eighty of this chapter through the installation
    17  and operation of photo speed violation monitoring systems, in accordance
    18  with  article  thirty  of  this  chapter;  to  comply  with   bus   lane
    19  restrictions  as  defined by article twenty-four of this chapter through
    20  the installation and operation of bus lane photo devices, in  accordance
    21  with article twenty-four of this chapter; to comply with toll collection
    22  regulations  of  certain public authorities through the installation and
    23  operation of photo-monitoring systems, in accordance with the provisions
    24  of section two thousand nine hundred eighty-five of the public  authori-
    25  ties  law  and  sections  sixteen-a,  sixteen-b and sixteen-c of chapter
    26  seven hundred seventy-four of the laws of  nineteen  hundred  fifty;  to
    27  stop  for  a  school  bus displaying a red visual signal in violation of
    28  section eleven hundred seventy-four of this chapter through the  instal-
    29  lation  and  operation of school bus photo violation monitoring systems,
    30  in accordance with article twenty-nine of this chapter; to  comply  with
    31  certain  posted  maximum  speed  limits in violation of subdivision (b),
    32  (d), (f) or (g) of section eleven hundred eighty of this chapter  within
    33  a highway construction or maintenance work area through the installation
    34  and operation of photo speed violation monitoring systems, in accordance
    35  with article thirty of this chapter; to comply with gross vehicle weight
    36  and/or  axle  weight  restrictions in violation of section three hundred
    37  eighty-five of this chapter and the rules of the department of transpor-
    38  tation of the city of New York through the installation and operation of
    39  weigh in motion violation monitoring systems, in accordance with article
    40  ten of this chapter; [or] to comply with bus  operation-related  traffic
    41  regulations  as  defined  by  article  twenty-four  of  this  chapter in
    42  violation of the rules of the department of transportation of  the  city
    43  of  New York through the installation and operation of bus operation-re-
    44  lated photo devices, in accordance  with  article  twenty-four  of  this
    45  chapter;  or  to comply with street cleaning-related traffic regulations
    46  as defined by article twenty-four of this chapter in  violation  of  the
    47  rules  of  the  department  of  transportation  of  the city of New York
    48  through the installation and operation of street cleaning-related  photo
    49  devices,  in  accordance  with  article  twenty-four of this chapter; or
    50  making an appearance within thirty days of the sending of  such  notice.
    51  Pleas  entered  and allegations contested within that period shall be in
    52  the manner prescribed in the notice and not subject to additional penal-
    53  ty or fee. Such notice  of  impending  default  judgment  shall  not  be
    54  required  prior to the rendering and entry thereof in the case of opera-
    55  tors or owners who are non-residents of the state of  New  York.  In  no
    56  case  shall  a default judgment be rendered or, where required, a notice

        A. 8902                            19

     1  of impending default judgment be sent, more than  two  years  after  the
     2  expiration  of  the time prescribed for entering a plea or contesting an
     3  allegation.  When a person has demanded a hearing, no  fine  or  penalty
     4  shall be imposed for any reason, prior to the holding of the hearing. If
     5  the hearing examiner shall make a determination on the charges, sustain-
     6  ing  them,  he or she shall impose no greater penalty or fine than those
     7  upon which the person was originally charged.
     8    § 8. Subparagraph (i) of paragraph a of subdivision 5-a of section 401
     9  of the vehicle and traffic law, as amended by section 8 of  part  MM  of
    10  chapter 56 of the laws of 2023, is amended to read as follows:
    11    (i) If at the time of application for a registration or renewal there-
    12  of  there  is  a  certification from a court, parking violations bureau,
    13  traffic and parking violations  agency  or  administrative  tribunal  of
    14  appropriate  jurisdiction  that  the  registrant or his or her represen-
    15  tative failed to appear on the return date or any  subsequent  adjourned
    16  date  or  failed to comply with the rules and regulations of an adminis-
    17  trative tribunal following entry of a final decision in  response  to  a
    18  total  of  three  or  more  summonses or other process in the aggregate,
    19  issued within an eighteen month period, charging either that:  (i)  such
    20  motor  vehicle was parked, stopped or standing, or that such motor vehi-
    21  cle was operated for hire by the registrant or his or her agent  without
    22  being  licensed  as  a  motor  vehicle for hire by the appropriate local
    23  authority, in violation of any of the provisions of this chapter  or  of
    24  any  law,  ordinance,  rule  or regulation made by a local authority; or
    25  (ii) the registrant was liable for a violation  of  subdivision  (d)  of
    26  section  eleven  hundred  eleven  of  this chapter imposed pursuant to a
    27  local law or ordinance imposing monetary liability on  the  owner  of  a
    28  vehicle  for  failure of an operator thereof to comply with traffic-con-
    29  trol indications 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; or (iii) the registrant was liable for
    32  a violation of subdivision (b), (c), (d), (f) or (g) of  section  eleven
    33  hundred  eighty  of  this  chapter  imposed  pursuant to a demonstration
    34  program imposing monetary liability on the owner of a vehicle for  fail-
    35  ure  of  an  operator  thereof  to comply with such posted maximum speed
    36  limits through the installation and operation of photo  speed  violation
    37  monitoring  systems,  in accordance with article thirty of this chapter;
    38  or  (iv)  the  registrant  was  liable  for  a  violation  of  bus  lane
    39  restrictions  as  defined by article twenty-four of this chapter imposed
    40  pursuant to a bus rapid transit program imposing monetary  liability  on
    41  the owner of a vehicle for failure of an operator thereof to comply with
    42  such bus lane restrictions through the installation and operation of bus
    43  lane photo devices, in accordance with article twenty-four of this chap-
    44  ter;  or (v) the registrant was liable for a violation of section eleven
    45  hundred seventy-four of this chapter when meeting a  school  bus  marked
    46  and  equipped  as  provided  in  subdivisions twenty and twenty-one-c of
    47  section three hundred seventy-five of this chapter imposed pursuant to a
    48  local law or ordinance imposing monetary liability on  the  owner  of  a
    49  vehicle for failure of an operator thereof to comply with school bus red
    50  visual  signals  through  the  installation  and operation of school bus
    51  photo violation monitoring systems, in accordance with  article  twenty-
    52  nine  of this chapter; or (vi) the registrant was liable for a violation
    53  of section three hundred eighty-five of this chapter and  the  rules  of
    54  the  department of transportation of the city of New York in relation to
    55  gross vehicle weight and/or axle weight violations imposed pursuant to a
    56  weigh in motion demonstration program imposing monetary liability on the

        A. 8902                            20

     1  owner of a vehicle for failure of an operator  thereof  to  comply  with
     2  such  gross  vehicle  weight and/or axle weight restrictions through the
     3  installation and operation  of  weigh  in  motion  violation  monitoring
     4  systems,  in  accordance  with article ten of this chapter; or (vii) the
     5  registrant was liable for a violation of subdivision (b),  (d),  (f)  or
     6  (g) of section eleven hundred eighty of this chapter imposed pursuant to
     7  a  demonstration  program  imposing monetary liability on the owner of a
     8  vehicle for failure of an operator thereof to comply  with  such  posted
     9  maximum  speed  limits within a highway construction or maintenance work
    10  area through the installation and operation  of  photo  speed  violation
    11  monitoring   systems,   in   accordance  with  article  thirty  of  this
    12  chapter[,]; or (viii) the registrant was liable for a violation  of  bus
    13  operation-related  traffic regulations as defined by article twenty-four
    14  of this chapter imposed pursuant to  a  demonstration  program  imposing
    15  monetary  liability on the owner of a vehicle for failure of an operator
    16  thereof to comply with such bus  operation-related  traffic  regulations
    17  through  the  installation  and operation of bus operation-related photo
    18  devices, in accordance with article twenty-four of this  chapter[,];  or
    19  (ix) the registrant was liable for a violation of street cleaning-relat-
    20  ed traffic regulations as defined by article twenty-four of this chapter
    21  imposed  pursuant to a demonstration program imposing monetary liability
    22  on the owner of a vehicle for failure of an  operator thereof to  comply
    23  with  such  street  cleaning-related  traffic  regulations  through  the
    24  installation and operation of street cleaning-related photo devices,  in
    25  accordance with article twenty-four of this chapter, the commissioner or
    26  his  or  her  agent  shall  deny the registration or renewal application
    27  until the applicant provides proof from the court, traffic  and  parking
    28  violations  agency  or  administrative  tribunal wherein the charges are
    29  pending that an appearance or answer has been made or in the case of  an
    30  administrative  tribunal  that he or she has complied with the rules and
    31  regulations of said tribunal following entry of a final decision.  Where
    32  an application is denied pursuant to this section, the commissioner may,
    33  in  his or her discretion, deny a registration or renewal application to
    34  any other person for the same vehicle and may  deny  a  registration  or
    35  renewal  application  for any other motor vehicle registered in the name
    36  of the applicant where the commissioner has determined that such  regis-
    37  trant's  intent  has  been to evade the purposes of this subdivision and
    38  where the commissioner has  reasonable  grounds  to  believe  that  such
    39  registration  or  renewal will have the effect of defeating the purposes
    40  of this subdivision. Such denial shall only remain in effect as long  as
    41  the  summonses  remain  unanswered,  or in the case of an administrative
    42  tribunal, the registrant fails to comply with the rules and  regulations
    43  following entry of a final decision.
    44    §  9.  Subdivision 1-a of section 1809 of the vehicle and traffic law,
    45  as amended by section 9 of part MM of chapter 56 of the laws of 2023, is
    46  amended to read as follows:
    47    1-a.  Notwithstanding  the  provisions  of  subdivision  one  of  this
    48  section,  the  provisions  of  subdivision one of this section shall not
    49  apply to an adjudication of liability of owners: (a) for  violations  of
    50  subdivision (d) of section eleven hundred eleven of this chapter imposed
    51  pursuant  to a local law or ordinance imposing monetary liability on the
    52  owner of a vehicle for failure of an operator  thereof  to  comply  with
    53  traffic-control  indications  through  the installation and operation of
    54  traffic-control signal photo violation-monitoring systems, in accordance
    55  with article twenty-four of this  chapter;  or  (b)  for  violations  of
    56  subdivision  (b),  (c), (d), (f) or (g) of section eleven hundred eighty

        A. 8902                            21

     1  of this chapter imposed pursuant to  a  demonstration  program  imposing
     2  monetary  liability on the owner of a vehicle for failure of an operator
     3  thereof to comply with such posted  maximum  speed  limits  through  the
     4  installation  and operation of photo speed violation monitoring systems,
     5  in accordance with article thirty of this chapter; or (c) for violations
     6  of bus lane restrictions as defined by article twenty-four of this chap-
     7  ter imposed pursuant to a bus rapid transit  program  imposing  monetary
     8  liability  on  the owner of a vehicle for failure of an operator thereof
     9  to comply with such bus lane restrictions through the  installation  and
    10  operation  of bus lane photo devices, in accordance with article twenty-
    11  four of this chapter; or (d) for violations  of  toll  collection  regu-
    12  lations  imposed  by  certain  public  authorities  pursuant  to the law
    13  authorizing such public authorities to impose monetary liability on  the
    14  owner  of  a  vehicle  for failure of an operator thereof to comply with
    15  toll collection regulations  of  such  public  authorities  through  the
    16  installation  and  operation  of photo-monitoring systems, in accordance
    17  with the provisions of section two thousand nine hundred eighty-five  of
    18  the  public  authorities  law  and  sections  sixteen-a,  sixteen-b  and
    19  sixteen-c of chapter seven hundred seventy-four of the laws of  nineteen
    20  hundred  fifty; or (e) for violations of section eleven hundred seventy-
    21  four of this chapter when meeting a school bus marked  and  equipped  as
    22  provided  in  subdivisions  twenty  and  twenty-one-c  of  section three
    23  hundred seventy-five of this chapter imposed pursuant to a local law  or
    24  ordinance  imposing  monetary  liability  on  the owner of a vehicle for
    25  failure of an operator thereof to comply  with  school  bus  red  visual
    26  signals  through  the  installation  and  operation  of school bus photo
    27  violation monitoring systems, in accordance with article twenty-nine  of
    28  this chapter; or (f) for violations of section three hundred eighty-five
    29  of this chapter and the rules of the department of transportation of the
    30  city  of New York in relation to gross vehicle weight and/or axle weight
    31  violations imposed pursuant to a weigh in motion  demonstration  program
    32  imposing  monetary liability on the owner of a vehicle for failure of an
    33  operator thereof to comply with such gross vehicle  weight  and/or  axle
    34  weight  restrictions  through the installation and operation of weigh in
    35  motion violation monitoring systems, in accordance with article  ten  of
    36  this  chapter; or (g) for violations of subdivision (b), (d), (f) or (g)
    37  of section eleven hundred eighty 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  posted
    40  maximum  speed  limits within a highway construction or maintenance work
    41  area through the installation and operation  of  photo  speed  violation
    42  monitoring  systems,  in accordance with article thirty of this chapter;
    43  or (h) for violations of bus operation-related  traffic  regulations  as
    44  defined  by  article  twenty-four  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 bus oper-
    47  ation-related traffic regulations through the installation and operation
    48  of bus operation-related photo devices, in accordance with article twen-
    49  ty-four of this chapter; or (i) for violations of street cleaning-relat-
    50  ed traffic regulations as defined by article twenty-four of this chapter
    51  imposed  pursuant to a demonstration program imposing monetary liability
    52  on the owner of a vehicle for failure of an operator thereof  to  comply
    53  with  such  street  cleaning-related  traffic  regulations  through  the
    54  installation and operation of street cleaning-related photo devices,  in
    55  accordance with article twenty-four of this chapter.

        A. 8902                            22

     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-related traffic regulations as  defined  by
    19  article  twenty-four  of  this chapter imposed   pursuant  to  a  demon-
    20  stration  program imposing monetary liability on the owner of a  vehicle
    21  for  failure of an operator thereof to comply with such street cleaning-
    22  related traffic regulations through the installation  and  operation  of
    23  street cleaning-related photo devices,  in accordance with article twen-
    24  ty-four  of this chapter, there shall be levied a mandatory surcharge in
    25  addition to any other sentence, fine or penalty otherwise  permitted  or
    26  required,  in the amount of fifteen dollars. Such surcharge shall not be
    27  deemed a monetary penalty for the purposes of section two hundred  thir-
    28  ty-seven of this chapter or section 19-203 of the administrative code of
    29  the city of New York.
    30    § 11. Subdivision 1 of section 1809-aa of the vehicle and traffic law,
    31  as  amended  by section 11 of part MM of chapter 56 of the laws of 2023,
    32  is amended to read as follows:
    33    1. Notwithstanding any other provision of law, whenever proceedings in
    34  an administrative tribunal  or  court  result  in  a  conviction  for  a
    35  violation  of  section  twelve  hundred,  twelve  hundred  one or twelve
    36  hundred two of this chapter, except (a) an adjudication of liability  of
    37  an owner for a violation of bus operation-related traffic regulations as
    38  defined  by  article  twenty-four  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 bus oper-
    41  ation-related traffic regulations through the installation and operation
    42  of bus operation-related photo devices, in accordance with article twen-
    43  ty-four  of  this  chapter,  or  (b)  an adjudication of liability of an
    44  owner for a violation of street cleaning-related   traffic   regulations
    45  as defined  by  article twenty-four  of this chapter imposed pursuant to
    46  a  demonstration program imposing monetary liability  on  the  owner  of
    47  a  vehicle for failure of an operator thereof to comply with such street
    48  cleaning-related traffic regulations through the installation and opera-
    49  tion of street cleaning-related photo devices, in accordance with  arti-
    50  cle  twenty-four  of  this  chapter,  there  shall be levied a mandatory
    51  surcharge in addition to any other sentence, fine or  penalty  otherwise
    52  permitted or required, in the amount of twenty-five dollars.
    53    §  12.  Paragraph  a of subdivision 1 of section 1809-e of the vehicle
    54  and traffic law, as amended by section 12 of part MM of  chapter  56  of
    55  the laws of 2023, is amended to read as follows:

        A. 8902                            23

     1    a. Notwithstanding any other provision of law, whenever proceedings in
     2  a  court  or  an  administrative  tribunal  of  this  state  result in a
     3  conviction for an offense under this chapter, except a conviction pursu-
     4  ant to section eleven hundred ninety-two of this chapter, or for a traf-
     5  fic  infraction  under  this chapter, or a local law, ordinance, rule or
     6  regulation adopted pursuant to  this  chapter,  except:  (i)  a  traffic
     7  infraction  involving  standing,  stopping,  or parking or violations by
     8  pedestrians or bicyclists; and (ii) an adjudication of liability  of  an
     9  owner for a violation of subdivision (d) of section eleven hundred elev-
    10  en of this chapter imposed pursuant to a local law or ordinance imposing
    11  monetary  liability on the owner of a vehicle for failure of an operator
    12  thereof to comply with traffic-control indications through the installa-
    13  tion and operation of traffic-control signal photo  violation-monitoring
    14  systems,  in  accordance  with  article twenty-four of this chapter; and
    15  (iii) an adjudication of liability of an owner for a violation of subdi-
    16  vision (b), (c), (d), (f) or (g) of section  eleven  hundred  eighty  of
    17  this  chapter imposed pursuant to a demonstration program imposing mone-
    18  tary liability on the owner of a vehicle  for  failure  of  an  operator
    19  thereof  to  comply  with  such  posted maximum speed limits through the
    20  installation and operation of photo speed violation monitoring  systems,
    21  in  accordance  with article thirty of this chapter; and (iv) an adjudi-
    22  cation of liability of an owner for a violation of bus lane restrictions
    23  as defined by article twenty-four of this chapter imposed pursuant to  a
    24  bus  rapid transit program imposing monetary liability on the owner of a
    25  vehicle for failure of an operator thereof to comply with such bus  lane
    26  restrictions  through  the  installation and operation of bus lane photo
    27  devices, in accordance with article twenty-four of this chapter; and (v)
    28  an adjudication of liability  of  an  owner  for  a  violation  of  toll
    29  collection regulations imposed by certain public authorities pursuant to
    30  the law authorizing such public authorities to impose monetary liability
    31  on  the  owner of a vehicle for failure of an operator thereof to comply
    32  with toll collection regulations of such public authorities through  the
    33  installation  and  operation  of photo-monitoring systems, in accordance
    34  with section two thousand nine hundred eighty-five of the public author-
    35  ities law or sections sixteen-a,  sixteen-b  and  sixteen-c  of  chapter
    36  seven  hundred  seventy-four  of the laws of nineteen hundred fifty; and
    37  (vi) an adjudication of liability of an owner for a violation of section
    38  eleven hundred seventy-four of this chapter when meeting  a  school  bus
    39  marked  and equipped as provided in subdivisions twenty and twenty-one-c
    40  of section three hundred seventy-five of this chapter  imposed  pursuant
    41  to  a local law or ordinance imposing monetary liability on the owner of
    42  a vehicle for failure of an operator thereof to comply with  school  bus
    43  red  visual signals through the installation and operation of school bus
    44  photo violation monitoring systems, in accordance with  article  twenty-
    45  nine of this chapter; and (vii) an adjudication of liability of an owner
    46  for a violation of section three hundred eighty-five of this chapter and
    47  the rules of the department of transportation of the city of New York in
    48  relation  to  gross vehicle weight and/or axle weight violations imposed
    49  pursuant to a weigh in motion demonstration  program  imposing  monetary
    50  liability  on  the owner of a vehicle for failure of an operator thereof
    51  to comply with such gross vehicle weight and/or axle weight restrictions
    52  through the installation and operation  of  weigh  in  motion  violation
    53  monitoring  systems, in accordance with article ten of this chapter; and
    54  (viii) an adjudication of liability of  an  owner  for  a  violation  of
    55  subdivision  (b),  (d),  (f)  or (g) of section eleven hundred eighty of
    56  this chapter imposed pursuant to a demonstration program imposing  mone-

        A. 8902                            24

     1  tary  liability  on  the  owner  of a vehicle for failure of an operator
     2  thereof to comply with such posted maximum speed limits within a highway
     3  construction or maintenance work area through the installation and oper-
     4  ation  of  photo  speed violation monitoring systems, in accordance with
     5  article thirty of this chapter; and (ix) an adjudication of liability of
     6  an owner for a violation of bus operation-related traffic regulations as
     7  defined by article twenty-four of this chapter  imposed  pursuant  to  a
     8  demonstration  program  imposing  monetary  liability  on the owner of a
     9  vehicle for failure of an operator thereof to comply with such bus oper-
    10  ation-related traffic regulations through the installation and operation
    11  of bus operation-related photo devices, in accordance with article twen-
    12  ty-four of this chapter; and (x) an  adjudication  of  liability  of  an
    13  owner  for a violation of street cleaning-related traffic regulations as
    14  defined by article twenty-four of this chapter  imposed  pursuant  to  a
    15  demonstration  program  imposing  monetary liability   on the owner of a
    16  vehicle for failure of an operator thereof to comply  with  such  street
    17  cleaning-related traffic regulations through the installation and opera-
    18  tion  of street cleaning-related photo devices, in accordance with arti-
    19  cle twenty-four of this chapter, there shall be levied  in  addition  to
    20  any  sentence,  penalty or other surcharge required or permitted by law,
    21  an additional surcharge of twenty-eight dollars.
    22    § 13. Subdivision 2 of section  87  of  the  public  officers  law  is
    23  amended by adding a new paragraph (u) to read as follows:
    24    (u)  are  photographs,  microphotographs,  videotape or other recorded
    25  images prepared under authority of section eleven  hundred  eleven-h  of
    26  the vehicle and traffic law.
    27    § 14. This act shall take effect one year after it shall have become a
    28  law; provided, however, that sections one and thirteen of this act shall
    29  expire  on  July  1,  2029,  when  upon such date the provisions of such
    30  sections shall be deemed repealed; provided further, however, that:
    31    (a) the amendments to subdivision 1 of section 1809-a of  the  vehicle
    32  and  traffic  law  made  by section ten of this act shall not affect the
    33  repeal of such subdivision and shall be deemed repealed therewith;
    34    (b) if section 2 of part MM of chapter 56 of the laws  of  2023  shall
    35  not  have  taken  effect on or before such date then section two of this
    36  act shall take effect on the same date and in the same  manner  as  such
    37  chapter of the laws of 2023, takes effect;
    38    (c)  if  section  3 of part MM of chapter 56 of the laws of 2023 shall
    39  not have taken effect on or before such date then section three of  this
    40  act  shall  take  effect on the same date and in the same manner as such
    41  chapter of the laws of 2023, takes effect;
    42    (d) if section 4 of part MM of chapter 56 of the laws  of  2023  shall
    43  not  have  taken effect on or before such date then section four of this
    44  act shall take effect on the same date and in the same  manner  as  such
    45  chapter of the laws of 2023, takes effect;
    46    (e)  if  section  5 of part MM of chapter 56 of the laws of 2023 shall
    47  not have taken effect on or before such date then section five  of  this
    48  act  shall  take  effect on the same date and in the same manner as such
    49  chapter of the laws of 2023, takes effect;
    50    (f) if section 6 of part MM of chapter 56 of the laws  of  2023  shall
    51  not  have  taken  effect on or before such date then section six of this
    52  act shall take effect on the same date and in the same  manner  as  such
    53  chapter of the laws of 2023, takes effect;
    54    (g)  if  section  7 of part MM of chapter 56 of the laws of 2023 shall
    55  not have taken effect on or before such date then section seven of  this

        A. 8902                            25

     1  act  shall  take  effect on the same date and in the same manner as such
     2  chapter of the laws of 2023, takes effect;
     3    (h)  if  section  8 of part MM of chapter 56 of the laws of 2023 shall
     4  not have taken effect on or before such date then section eight of  this
     5  act  shall  take  effect on the same date and in the same manner as such
     6  chapter of the laws of 2023, takes effect;
     7    (i) if section 9 of part MM of chapter 56 of the laws  of  2023  shall
     8  not  have  taken effect on or before such date then section nine of this
     9  act shall take effect on the same date and in the same  manner  as  such
    10  chapter of the laws of 2023, takes effect;
    11    (j)  if  section 10 of part MM of chapter 56 of the laws of 2023 shall
    12  not have taken effect on or before such date then section  ten  of  this
    13  act  shall  take  effect on the same date and in the same manner as such
    14  chapter of the laws of 2023, takes effect;
    15    (k) if section 11 of part MM of chapter 56 of the laws of  2023  shall
    16  not have taken effect on or before such date then section eleven of this
    17  act  shall  take  effect on the same date and in the same manner as such
    18  chapter of the laws of 2023, takes effect;
    19    (l) if section 12 of part MM of chapter 56 of the laws of  2023  shall
    20  not have taken effect on or before such date then section twelve of this
    21  act  shall  take  effect on the same date and in the same manner as such
    22  chapter of the laws of 2023, takes effect.
    23    Effective immediately, the addition, amendment and/or  repeal  of  any
    24  rule  or  regulation  necessary for the implementation of section one of
    25  this act on its effective date are authorized to be made  and  completed
    26  on or before such effective date.
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