Bill Text: NY A10201 | 2009-2010 | General Assembly | Introduced
Bill Title: Establishes in a city with a population of one million or more a bus rapid transit and bus mobility demonstration program to enforce certain restrictions on the use of bus lanes by means of bus lane photo devices.
Spectrum: Moderate Partisan Bill (Democrat 43-6)
Status: (Introduced - Dead) 2010-06-15 - reported referred to codes [A10201 Detail]
Download: New_York-2009-A10201-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 10201 I N A S S E M B L Y March 11, 2010 ___________ Introduced by M. of A. BING, KELLNER, ROSENTHAL, GOTTFRIED, CUSICK, BROOK-KRASNY, BENEDETTO, LANCMAN, MARKEY, SCHIMEL, CLARK, CYMBROWITZ, O'DONNELL, KAVANAGH, P. RIVERA -- Multi-Sponsored by -- M. of A. BENJAMIN, GALEF, GLICK, GUNTHER, HEASTIE, HOYT, HYER-SPENCER, JEFFRIES, LATIMER, LENTOL, LIFTON, M. MILLER, MILLMAN, PHEFFER, TITONE, TOBACCO, WEISENBERG -- read once and referred to the Committee on Transportation AN ACT to amend the vehicle and traffic law and the public officers law, in relation to establishing in a city with a population of one million or more a bus lane demonstration program to enforce restrictions on the use of bus lanes by means of bus lane photo devices; and providing for the repeal of such provisions upon expiration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision 1 of section 235 of the vehicle and traffic 2 law, as separately amended by section 1 of chapters 20, 21, 22 and 383 3 of the laws of 2009, is amended to read as follows: 4 1. Notwithstanding any inconsistent provision of any general, special 5 or local law or administrative code to the contrary, in any city which 6 heretofore or hereafter is authorized to establish an administrative 7 tribunal to hear and determine complaints of traffic infractions consti- 8 tuting parking, standing or stopping violations, or to adjudicate the 9 liability of owners for violations of subdivision (d) of section eleven 10 hundred eleven of this chapter in accordance with section eleven hundred 11 eleven-a of this chapter, or to adjudicate the liability of owners for 12 violations of subdivision (d) of section eleven hundred eleven of this 13 chapter in accordance with section eleven hundred eleven-b of this chap- 14 ter as added by section sixteen of [the chapter] CHAPTERS TWENTY, TWEN- 15 TY-ONE, TWENTY-TWO AND THREE HUNDRED EIGHTY-THREE of the laws of two 16 thousand nine [which amended this subdivision], or to adjudicate the 17 liability of owners for violations of toll collection regulations as 18 defined in and in accordance with the provisions of section two thousand 19 nine hundred eighty-five of the public authorities law and sections 20 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15824-02-0 A. 10201 2 1 of the laws of nineteen hundred fifty, OR TO ADJUDICATE LIABILITY OF 2 OWNERS IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAP- 3 TER FOR VIOLATIONS OF BUS LANE RESTRICTIONS AS DEFINED IN SUCH SECTION, 4 such tribunal and the rules and regulations pertaining thereto shall be 5 constituted in substantial conformance with the following sections. 6 S 1-a. Section 235 of the vehicle and traffic law, as separately 7 amended by section 2 of chapters 20, 21, 22 and 383 of the laws of 2009, 8 is amended to read as follows: 9 S 235. Jurisdiction. Notwithstanding any inconsistent provision of any 10 general, special or local law or administrative code to the contrary, in 11 any city which heretofore or hereafter is authorized to establish an 12 administrative tribunal to hear and determine complaints of traffic 13 infractions constituting parking, standing or stopping violations, or to 14 adjudicate the liability of owners for violations of subdivision (d) of 15 section eleven hundred eleven of this chapter in accordance with section 16 eleven hundred eleven-a of this chapter, or to adjudicate the liability 17 of owners for violations of subdivision (d) of section eleven hundred 18 eleven of this chapter in accordance with section eleven hundred 19 eleven-b of this chapter as added by section sixteen of [the chapter] 20 CHAPTERS TWENTY, TWENTY-ONE, TWENTY-TWO AND THREE HUNDRED EIGHTY-THREE 21 of the laws of two thousand nine [which amended this section], or to 22 adjudicate the liability of owners for violations of toll collection 23 regulations as defined in and in accordance with the provisions of 24 section two thousand nine hundred eighty-five of the public authorities 25 law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven 26 hundred seventy-four of the laws of nineteen hundred fifty, OR TO ADJU- 27 DICATE LIABILITY OF OWNERS IN ACCORDANCE WITH SECTION ELEVEN HUNDRED 28 ELEVEN-C OF THIS CHAPTER FOR VIOLATIONS OF BUS LANE RESTRICTIONS AS 29 DEFINED IN SUCH SECTION, such tribunal and the rules and regulations 30 pertaining thereto shall be constituted in substantial conformance with 31 the following sections. 32 S 1-b. Section 235 of the vehicle and traffic law, as separately 33 amended by section 3 of chapters 20, 21, 22 and 383 of the laws of 2009, 34 is amended to read as follows: 35 S 235. Jurisdiction. Notwithstanding any inconsistent provision of any 36 general, special or local law or administrative code to the contrary, in 37 any city which heretofore or hereafter is authorized to establish an 38 administrative tribunal to hear and determine complaints of traffic 39 infractions constituting parking, standing or stopping violations, or to 40 adjudicate the liability of owners for violations of subdivision (d) of 41 section eleven hundred eleven of this chapter in accordance with section 42 eleven hundred eleven-b of this chapter as added by section sixteen of 43 [the chapter] CHAPTERS TWENTY, TWENTY-ONE, TWENTY-TWO AND THREE HUNDRED 44 EIGHTY-THREE of the laws of two thousand nine [which amended this 45 section], or to adjudicate the liability of owners for violations of 46 toll collection regulations as defined in and in accordance with the 47 provisions of section two thousand nine hundred eighty-five of the 48 public authorities law and sections sixteen-a, sixteen-b and sixteen-c 49 of chapter seven hundred seventy-four of the laws of nineteen hundred 50 fifty, OR TO ADJUDICATE LIABILITY OF OWNERS IN ACCORDANCE WITH SECTION 51 ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER FOR VIOLATIONS OF BUS LANE 52 RESTRICTIONS AS DEFINED IN SUCH SECTION, such tribunal and the rules and 53 regulations pertaining thereto shall be constituted in substantial 54 conformance with the following sections. A. 10201 3 1 S 1-c. Section 235 of the vehicle and traffic law, as separately 2 amended by chapter 715 of the laws of 1972 and chapter 379 of the laws 3 of 1992, is amended to read as follows: 4 S 235. Jurisdiction. Notwithstanding any inconsistent provision of any 5 general, special or local law or administrative code to the contrary, in 6 any city which heretofore or hereafter is authorized to establish an 7 administrative tribunal to hear and determine complaints of traffic 8 infractions constituting parking, standing or stopping violations, or to 9 adjudicate the liability of owners for violations of toll collection 10 regulations as defined in and in accordance with the provisions of 11 section two thousand nine hundred eighty-five of the public authorities 12 law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven 13 hundred seventy-four of the laws of nineteen hundred fifty, OR TO ADJU- 14 DICATE LIABILITY OF OWNERS IN ACCORDANCE WITH SECTION ELEVEN HUNDRED 15 ELEVEN-C OF THIS CHAPTER FOR VIOLATIONS OF BUS LANE RESTRICTIONS AS 16 DEFINED IN SUCH SECTION, such tribunal and the rules and regulations 17 pertaining thereto shall be constituted in substantial conformance with 18 the following sections. 19 S 2. Subdivision 1 of section 236 of the vehicle and traffic law, as 20 separately amended by section 4 of chapters 20, 21, 22 and 383 of the 21 laws of 2009, is amended to read as follows: 22 1. Creation. In any city as hereinbefore or hereafter authorized such 23 tribunal when created shall be known as the parking violations bureau 24 and shall have jurisdiction of traffic infractions which constitute a 25 parking violation and, where authorized by local law adopted pursuant to 26 subdivision (a) of section eleven hundred eleven-a of this chapter or 27 subdivision (a) of section eleven hundred eleven-b of this chapter as 28 added by section sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE, 29 TWENTY-TWO AND THREE HUNDRED EIGHTY-THREE of the laws of two thousand 30 nine [which amended this subdivision], shall adjudicate the liability of 31 owners for violations of subdivision (d) of section eleven hundred elev- 32 en of [this chapter] CHAPTERS TWENTY, TWENTY-ONE, TWENTY-TWO AND THREE 33 HUNDRED EIGHTY-THREE in accordance with such section eleven hundred 34 eleven-a or such section eleven hundred eleven-b as added by section 35 sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE, TWENTY-TWO AND 36 THREE HUNDRED EIGHTY-THREE of the laws of two thousand nine [which 37 amended this subdivision] and shall adjudicate the liability of owners 38 for violations of toll collection regulations as defined in and in 39 accordance with the provisions of section two thousand nine hundred 40 eighty-five of the public authorities law and sections sixteen-a, 41 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the 42 laws of nineteen hundred fifty, AND SHALL ADJUDICATE LIABILITY OF OWNERS 43 IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER FOR 44 VIOLATIONS OF BUS LANE RESTRICTIONS AS DEFINED IN SUCH SECTION. Such 45 tribunal, except in a city with a population of one million or more, 46 shall also have jurisdiction of abandoned vehicle violations. For the 47 purposes of this article, a parking violation is the violation of any 48 law, rule or regulation providing for or regulating the parking, stop- 49 ping or standing of a vehicle. In addition for purposes of this article, 50 "commissioner" shall mean and include the commissioner of traffic of the 51 city or an official possessing authority as such a commissioner. 52 S 2-a. Subdivision 1 of section 236 of the vehicle and traffic law, 53 as separately amended by section 5 of chapters 20, 21, 22 and 383 of the 54 laws of 2009, is amended to read as follows: 55 1. Creation. In any city as hereinbefore or hereafter authorized such 56 tribunal when created shall be known as the parking violations bureau A. 10201 4 1 and shall have jurisdiction of traffic infractions which constitute a 2 parking violation and, where authorized by local law adopted pursuant to 3 subdivision (a) of section eleven hundred eleven-b of this chapter as 4 added by section sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE, 5 TWENTY-TWO AND THREE HUNDRED EIGHTY-THREE of the laws of two thousand 6 nine [which amended this subdivision], shall adjudicate the liability of 7 owners for violations of subdivision (d) of section eleven hundred elev- 8 en of this chapter in accordance with such section eleven hundred 9 eleven-b as added by section sixteen of [the chapter] CHAPTERS TWENTY, 10 TWENTY-ONE, TWENTY-TWO AND THREE HUNDRED EIGHTY-THREE of the laws of two 11 thousand nine which amended this subdivision, AND SHALL ADJUDICATE 12 LIABILITY OF OWNERS IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C 13 OF THIS CHAPTER FOR VIOLATIONS OF BUS LANE RESTRICTIONS AS DEFINED IN 14 SUCH SECTION. For the purposes of this article, a parking violation is 15 the violation of any law, rule or regulation providing for or regulating 16 the parking, stopping or standing of a vehicle. In addition for purposes 17 of this article, "commissioner" shall mean and include the commissioner 18 of traffic of the city or an official possessing authority as such a 19 commissioner. 20 S 2-b. Subdivision 1 of section 236 of the vehicle and traffic law, as 21 added by chapter 715 of the laws of 1972, is amended to read as follows: 22 1. Creation. In any city as hereinbefore or hereafter authorized such 23 tribunal when created shall be known as the parking violations bureau 24 and shall have jurisdiction of traffic infractions which constitute a 25 parking violation, AND SHALL ADJUDICATE LIABILITY OF OWNERS IN ACCORD- 26 ANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER FOR VIOLATIONS 27 OF BUS LANE RESTRICTIONS AS DEFINED IN SUCH SECTION. For the purposes 28 of this article, a parking violation is the violation of any law, rule 29 or regulation providing for or regulating the parking, stopping or 30 standing of a vehicle. In addition for purposes of this article, 31 "commissioner" shall mean and include the commissioner of traffic of the 32 city or an official possessing authority as such a commissioner. 33 S 3. Subdivision 11 of section 237 of the vehicle and traffic law, as 34 added by chapter 379 of the laws of 1992, is amended to read as 35 follows: 36 11. To adjudicate the liability of owners for violations of toll 37 collection regulations as defined in and in accordance with the 38 provisions of section two thousand nine hundred eighty-five of the 39 public authorities law and sections sixteen-a, sixteen-b and sixteen-c 40 of chapter seven hundred seventy-four of the laws of nineteen hundred 41 fifty[.]; 42 S 4. Section 237 of the vehicle and traffic law is amended by adding 43 a new subdivision 12 to read as follows: 44 12. TO ADJUDICATE LIABILITY OF OWNERS IN ACCORDANCE WITH SECTION ELEV- 45 EN HUNDRED ELEVEN-C OF THIS CHAPTER FOR VIOLATIONS OF BUS LANE 46 RESTRICTIONS AS DEFINED IN SUCH SECTION. 47 S 5. Paragraph f of subdivision 1 of section 239 of the vehicle and 48 traffic law, as separately amended by section 8 of chapters 20, 21, 22 49 and 383 of the laws of 2009, is amended to read as follows: 50 f. "Notice of violation" means a notice of violation as defined in 51 subdivision nine of section two hundred thirty-seven of this article, 52 but shall not be deemed to include a notice of liability issued pursuant 53 to authorization set forth in section eleven hundred eleven-a of this 54 chapter or section eleven hundred eleven-b of this chapter as added by 55 section sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE, TWENTY-TWO 56 AND THREE HUNDRED EIGHTY-THREE of the laws of two thousand nine [which A. 10201 5 1 amended this paragraph], and shall not be deemed to include a notice of 2 liability issued pursuant to section two thousand nine hundred eighty- 3 five of the public authorities law and sections sixteen-a, sixteen-b and 4 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen 5 hundred fifty AND SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY 6 ISSUED PURSUANT TO SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER. 7 S 5-a. Paragraph f of subdivision 1 of section 239 of the vehicle and 8 traffic law, as separately amended by section 9 of chapters 20, 21, 22 9 and 383 of the laws of 2009, is amended to read as follows: 10 f. "Notice of violation" means a notice of violation as defined in 11 subdivision nine of section two hundred thirty-seven of this article but 12 shall not be deemed to include a notice of liability issued pursuant to 13 authorization set forth in section eleven hundred eleven-b of [this 14 chapter] CHAPTERS TWENTY, TWENTY-ONE, TWENTY-TWO AND THREE HUNDRED 15 EIGHTY-THREE as added by section sixteen of the chapter of the laws of 16 two thousand nine [which amended this paragraph] AND SHALL NOT BE DEEMED 17 TO INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT TO SECTION ELEVEN 18 HUNDRED ELEVEN-C OF THIS CHAPTER. 19 S 5-b. Paragraph f of subdivision 1 of section 239 of the vehicle and 20 traffic law, as added by chapter 180 of the laws of 1980, is amended to 21 read as follows: 22 f. "Notice of violation" means a notice of violation as defined in 23 subdivision nine of section two hundred thirty-seven of this article AND 24 SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT TO 25 SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER. 26 S 6. Subdivision 4 of section 239 of the vehicle and traffic law, as 27 amended by chapter 379 of the laws of 1992, is amended to read as 28 follows: 29 4. Applicability. The provisions of paragraph b of subdivision two and 30 subdivision three of this section shall not be applicable to determi- 31 nations of owner liability for the failure of an operator to comply with 32 subdivision (d) of section eleven hundred eleven of this chapter and 33 shall not be applicable to determinations of owner liability imposed 34 pursuant to section two thousand nine hundred eighty-five of the public 35 authorities law and sections sixteen-a, sixteen-b and sixteen-c of chap- 36 ter seven hundred seventy-four of the laws of nineteen hundred fifty AND 37 SHALL NOT BE APPLICABLE TO DETERMINATIONS OF OWNER LIABILITY FOR 38 VIOLATIONS OF SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER. 39 S 6-a. Section 239 of the vehicle and traffic law is amended by adding 40 a new subdivision 4 to read as follows: 41 4. APPLICABILITY. THE PROVISIONS OF PARAGRAPH B OF SUBDIVISION TWO AND 42 SUBDIVISION THREE OF THIS SECTION SHALL NOT BE APPLICABLE TO DETERMI- 43 NATIONS OF OWNER LIABILITY FOR VIOLATIONS OF SECTION ELEVEN HUNDRED 44 ELEVEN-C OF THIS CHAPTER. 45 S 7. Subdivision 1 of section 240 of the vehicle and traffic law, as 46 separately amended by section 10 of chapters 20, 21, 22 and 383 of the 47 laws of 2009, is amended to read as follows: 48 1. Notice of hearing. Whenever a person charged with a parking 49 violation enters a plea of not guilty or a person alleged to be liable 50 in accordance with section eleven hundred eleven-a of this chapter or 51 section eleven hundred eleven-b of this chapter as added by section 52 sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE, TWENTY-TWO AND 53 THREE HUNDRED EIGHTY-THREE of the laws of two thousand nine [which 54 amended this paragraph subdivision], for a violation of subdivision (d) 55 of section eleven hundred eleven of this chapter contests such allega- 56 tion, or a person alleged to be liable in accordance with the provisions A. 10201 6 1 of section two thousand nine hundred eighty-five of the public authori- 2 ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven 3 hundred seventy-four of the laws of nineteen hundred fifty, OR A PERSON 4 ALLEGED TO BE LIABLE IN ACCORDANCE WITH THE PROVISIONS OF SECTION ELEVEN 5 HUNDRED ELEVEN-C OF THIS CHAPTER FOR A VIOLATION OF A BUS LANE 6 RESTRICTION AS DEFINED IN SUCH SECTION CONTESTS SUCH ALLEGATION, the 7 bureau shall advise such person personally by such form of first class 8 mail as the director may direct of the date on which he or she must 9 appear to answer the charge at a hearing. The form and content of such 10 notice of hearing shall be prescribed by the director, and shall contain 11 a warning to advise the person so pleading or contesting that failure to 12 appear on the date designated, or on any subsequent adjourned date, 13 shall be deemed an admission of liability, and that a default judgment 14 may be entered thereon. 15 S 7-a. Subdivision 1 of section 240 of the vehicle and traffic law, as 16 separately amended by section 11 of chapters 20, 21, 22 and 383 of the 17 laws of 2009, is amended to read as follows: 18 1. Notice of hearing. Whenever a person charged with a parking 19 violation enters a plea of not guilty or a person alleged to be liable 20 in accordance with section eleven hundred eleven-b of this chapter as 21 added by section sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE, 22 TWENTY-TWO AND THREE HUNDRED EIGHTY-THREE of the laws of two thousand 23 nine [which amended this subdivision], for a violation of subdivision 24 (d) of section eleven hundred eleven of this chapter contests such alle- 25 gation, OR A PERSON ALLEGED TO BE LIABLE IN ACCORDANCE WITH THE 26 PROVISIONS OF SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER FOR A 27 VIOLATION OF A BUS LANE RESTRICTION AS DEFINED IN SUCH SECTION CONTESTS 28 SUCH ALLEGATION, the bureau shall advise such person personally by such 29 form of first class mail as the director may direct of the date on which 30 he or she must appear to answer the charge at a hearing. The form and 31 content of such notice of hearing shall be prescribed by the director, 32 and shall contain a warning to advise the person so pleading or contest- 33 ing that failure to appear on the date designated, or on any subsequent 34 adjourned date, shall be deemed an admission of liability, and that a 35 default judgment may be entered thereon. 36 S 7-b. Subdivision 1 of section 240 of the vehicle and traffic law, as 37 added by chapter 715 of the laws of 1972, is amended to read as follows: 38 1. Notice of hearing. Whenever a person charged with a parking 39 violation enters a plea of not guilty, OR A PERSON ALLEGED TO BE LIABLE 40 IN ACCORDANCE WITH THE PROVISIONS OF SECTION ELEVEN HUNDRED ELEVEN-C OF 41 THIS CHAPTER FOR A VIOLATION OF A BUS LANE RESTRICTION AS DEFINED IN 42 SUCH SECTION CONTESTS SUCH ALLEGATION, the bureau shall advise such 43 person personally by such form of first class mail as the director may 44 direct of the date on which he OR SHE must appear to answer the charge 45 at a hearing. The form and content of such notice of hearing shall be 46 prescribed by the director, and shall contain a warning to advise the 47 person so pleading that failure to appear on the date designated, or on 48 any subsequent adjourned date, shall be deemed an admission of liabil- 49 ity, and that a default judgment may be entered thereon. 50 S 8. Subdivision 1-a of section 240 of the vehicle and traffic law, as 51 separately amended by section 10 of chapters 20, 21, 22 and 383 of the 52 laws of 2009, is amended to read as follows: 53 1-a. Fines and penalties. Whenever a plea of not guilty has been 54 entered, or the bureau has been notified that an allegation of liability 55 in accordance with section eleven hundred eleven-a of this chapter or 56 section eleven hundred eleven-b of this chapter as added by section A. 10201 7 1 sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE, TWENTY-TWO AND 2 THREE HUNDRED EIGHTY-THREE of the laws of two thousand nine [which 3 amended this subdivision] or an allegation of liability in accordance 4 with section two thousand nine hundred eighty-five of the public author- 5 ities law or sections sixteen-a, sixteen-b and sixteen-c of chapter 6 seven hundred seventy-four of the laws of nineteen hundred fifty OR AN 7 ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED 8 ELEVEN-C OF THIS CHAPTER, is being contested, by a person in a timely 9 fashion and a hearing upon the merits has been demanded, but has not yet 10 been held, the bureau shall not issue any notice of fine or penalty to 11 that person prior to the date of the hearing. 12 S 8-a. Subdivision 1-a of section 240 of the vehicle and traffic law, 13 as separately amended by section 11 of chapters 20, 21, 22 and 383 of 14 the laws of 2009, is amended to read as follows: 15 1-a. Fines and penalties. Whenever a plea of not guilty has been 16 entered, or the bureau has been notified that an allegation of liability 17 in accordance with section eleven hundred eleven-b of this chapter, as 18 added by section sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE, 19 TWENTY-TWO AND THREE HUNDRED EIGHTY-THREE of the laws of two thousand 20 nine [which amended this subdivision], is being contested, by a person 21 in a timely fashion and a hearing upon the merits has been demanded, but 22 has not yet been held, the bureau shall not issue any notice of fine or 23 penalty to that person prior to the date of the hearing. 24 S 8-b. Subdivision 1-a of section 240 of the vehicle and traffic law, 25 as added by chapter 365 of the laws of 1978, is amended to read as 26 follows: 27 1-a. Fines and penalties. Whenever a plea of not guilty has been 28 entered, OR THE BUREAU HAS BEEN NOTIFIED THAT AN ALLEGATION OF LIABILITY 29 IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER IS 30 BEING CONTESTED, by a person in a timely fashion and a hearing upon the 31 merits has been demanded, but has not yet been held, the bureau shall 32 not issue any notice of fine or penalty to that person prior to the date 33 of the hearing. 34 S 9. Paragraphs a and g of subdivision 2 of section 240 of the vehicle 35 and traffic law, as separately amended by section 10 of chapters 20, 21, 36 22 and 383 of the laws of 2009, are amended to read as follows: 37 a. Every hearing for the adjudication of a charge of parking violation 38 or an allegation of liability in accordance with section eleven hundred 39 eleven-a of this chapter or in accordance with section eleven hundred 40 eleven-b of this chapter as added by section sixteen of [the chapter] 41 CHAPTERS TWENTY, TWENTY-ONE, TWENTY-TWO AND THREE HUNDRED EIGHTY-THREE 42 of the laws of two thousand nine [which amended this paragraph] or an 43 allegation of liability in accordance with section two thousand nine 44 hundred eighty-five of the public authorities law or sections sixteen-a, 45 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the 46 laws of nineteen hundred fifty OR AN ALLEGATION OF LIABILITY IN ACCORD- 47 ANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER shall be held 48 before a hearing examiner in accordance with rules and regulations 49 promulgated by the bureau. 50 g. A record shall be made of a hearing on a plea of not guilty or of a 51 hearing at which liability in accordance with section eleven hundred 52 eleven-a of this chapter or in accordance with section eleven hundred 53 eleven-b of this chapter as added by section sixteen of [the chapter] 54 CHAPTERS TWENTY, TWENTY-ONE, TWENTY-TWO AND THREE HUNDRED EIGHTY-THREE 55 of the laws of two thousand nine [which amended this paragraph] is 56 contested or of a hearing at which liability in accordance with section A. 10201 8 1 two thousand nine hundred eighty-five of the public authorities law or 2 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred 3 seventy-four of the laws of nineteen hundred fifty is contested OR A 4 HEARING AT WHICH LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED 5 ELEVEN-C OF THIS CHAPTER IS CONTESTED. Recording devices may be used 6 for the making of the record. 7 S 9-a. Paragraphs a and g of subdivision 2 of section 240 of the vehi- 8 cle and traffic law, as separately amended by section 11 of chapters 20, 9 21, 22 and 383 of the laws of 2009, are amended to read as follows: 10 a. Every hearing for the adjudication of a charge of parking violation 11 or an allegation of liability in accordance with section eleven hundred 12 eleven-b of this chapter, as added by section sixteen of [the chapter] 13 CHAPTERS TWENTY, TWENTY-ONE, TWENTY-TWO AND THREE HUNDRED EIGHTY-THREE 14 of the laws of two thousand nine [which amended this paragraph] OR A 15 HEARING AT WHICH LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED 16 ELEVEN-C OF THIS CHAPTER shall be held before a hearing examiner in 17 accordance with rules and regulations promulgated by the bureau. 18 g. A record shall be made of a hearing on a plea of not guilty or of a 19 hearing at which liability in accordance with section eleven hundred 20 eleven-b of this chapter, as added by section sixteen of [the chapter] 21 CHAPTERS TWENTY, TWENTY-ONE, TWENTY-TWO AND THREE HUNDRED EIGHTY-THREE 22 of the laws of two thousand nine [which amended this paragraph] OR A 23 HEARING AT WHICH LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED 24 ELEVEN-C OF THIS CHAPTER. Recording devices may be used for the making 25 of the record. 26 S 9-b. Paragraphs a and g of subdivision 2 of section 240 of the vehi- 27 cle and traffic law, as added by chapter 715 of the laws of 1972, are 28 amended to read as follows: 29 a. Every hearing for the adjudication of a charge of parking violation 30 OR A HEARING AT WHICH LIABILITY IN ACCORDANCE WITH SECTION ELEVEN 31 HUNDRED ELEVEN-C OF THIS CHAPTER shall be held before a hearing examiner 32 in accordance with rules and regulations promulgated by the bureau. 33 g. A record shall be made of a hearing on a plea of not guilty OR A 34 HEARING AT WHICH LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED 35 ELEVEN-C OF THIS CHAPTER. Recording devices may be used for the making 36 of the record. 37 S 10. Subdivisions 1 and 2 of section 241 of the vehicle and traffic 38 law, as separately amended by section 12 of chapters 20, 21, 22 and 383 39 of the laws of 2009, are amended to read as follows: 40 1. The hearing examiner shall make a determination on the charges, 41 either sustaining or dismissing them. Where the hearing examiner deter- 42 mines that the charges have been sustained he or she may examine either 43 the prior parking violations record or the record of liabilities 44 incurred in accordance with section eleven hundred eleven-a of this 45 chapter or in accordance with section eleven hundred eleven-b of this 46 chapter as added by section sixteen of [the chapter] CHAPTERS TWENTY, 47 TWENTY-ONE, TWENTY-TWO AND THREE HUNDRED EIGHTY-THREE of the laws of two 48 thousand nine [which amended this subdivision], or the record of liabil- 49 ities incurred in accordance with section two thousand nine hundred 50 eighty-five of the public authorities law or sections sixteen-a, 51 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the 52 laws of nineteen hundred fifty of the person charged OR THE RECORD OF 53 LIABILITIES INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C 54 OF THIS CHAPTER, as applicable prior to rendering a final determination. 55 Final determinations sustaining or dismissing charges shall be entered A. 10201 9 1 on a final determination roll maintained by the bureau together with 2 records showing payment and nonpayment of penalties. 3 2. Where an operator or owner fails to enter a plea to a charge of a 4 parking violation or contest an allegation of liability in accordance 5 with section eleven hundred eleven-a of this chapter or in accordance 6 with section eleven hundred eleven-b of this chapter as added by section 7 sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE, TWENTY-TWO AND 8 THREE HUNDRED EIGHTY-THREE of the laws of two thousand nine [which 9 amended this subdivision], or fails to contest an allegation of liabil- 10 ity in accordance with section two thousand nine hundred eighty-five of 11 the public authorities law or sections sixteen-a, sixteen-b and 12 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen 13 hundred fifty OR FAILS TO CONTEST AN ALLEGATION OF LIABILITY IN ACCORD- 14 ANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER, or fails to 15 appear on a designated hearing date or subsequent adjourned date or 16 fails after a hearing to comply with the determination of a hearing 17 examiner, as prescribed by this article or by rule or regulation of the 18 bureau, such failure to plead or contest, appear or comply shall be 19 deemed, for all purposes, an admission of liability and shall be grounds 20 for rendering and entering a default judgment in an amount provided by 21 the rules and regulations of the bureau. However, after the expiration 22 of the original date prescribed for entering a plea and before a default 23 judgment may be rendered, in such case the bureau shall pursuant to the 24 applicable provisions of law notify such operator or owner, by such form 25 of first class mail as the commission may direct; (1) of the violation 26 charged, or liability in accordance with section eleven hundred eleven-a 27 of this chapter or in accordance with section eleven hundred eleven-b of 28 this chapter as added by section sixteen of [the chapter] CHAPTERS TWEN- 29 TY, TWENTY-ONE, TWENTY-TWO AND THREE HUNDRED EIGHTY-THREE of the laws of 30 two thousand nine [which amended this subdivision], alleged or liability 31 in accordance with section two thousand nine hundred eighty-five of the 32 public authorities law or sections sixteen-a, sixteen-b and sixteen-c of 33 chapter seven hundred seventy-four of the laws of nineteen hundred fifty 34 alleged OR LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C 35 OF THIS CHAPTER ALLEGED, (2) of the impending default judgment, (3) that 36 such judgment will be entered in the Civil Court of the city in which 37 the bureau has been established, or other court of civil jurisdiction or 38 any other place provided for the entry of civil judgments within the 39 state of New York, and (4) that a default may be avoided by entering a 40 plea or contesting an allegation of liability in accordance with section 41 eleven hundred eleven-a of this chapter or in accordance with section 42 eleven hundred eleven-b of this chapter as added by section sixteen of 43 [the chapter] CHAPTERS TWENTY, TWENTY-ONE, TWENTY-TWO AND THREE HUNDRED 44 EIGHTY-THREE of the laws of two thousand nine [which amended this subdi- 45 vision], or contesting an allegation of liability in accordance with 46 section two thousand nine hundred eighty-five of the public authorities 47 law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven 48 hundred seventy-four of the laws of nineteen hundred fifty OR CONTESTING 49 AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED 50 ELEVEN-C OF THIS CHAPTER, as appropriate, or making an appearance within 51 thirty days of the sending of such notice. Pleas entered and allegations 52 contested within that period shall be in the manner prescribed in the 53 notice and not subject to additional penalty or fee. Such notice of 54 impending default judgment shall not be required prior to the rendering 55 and entry thereof in the case of operators or owners who are non-resi- 56 dents of the state of New York. In no case shall a default judgment be A. 10201 10 1 rendered or, where required, a notice of impending default judgment be 2 sent, more than two years after the expiration of the time prescribed 3 for entering a plea or contesting an allegation. When a person has 4 demanded a hearing, no fine or penalty shall be imposed for any reason, 5 prior to the holding of the hearing. If the hearing examiner shall make 6 a determination on the charges, sustaining them, he shall impose no 7 greater penalty or fine than those upon which the person was originally 8 charged. 9 S 10-a. Subdivisions 1 and 2 of section 241 of the vehicle and traffic 10 law, as separately amended by section 13 of chapters 20, 21, 22 and 383 11 of the laws of 2009, are amended to read as follows: 12 1. The hearing examiner shall make a determination on the charges, 13 either sustaining or dismissing them. Where the hearing examiner deter- 14 mines that the charges have been sustained he or she may examine either 15 the prior parking violations record or the record of liabilities 16 incurred in accordance with section eleven hundred eleven-b of this 17 chapter as added by section sixteen of [the chapter] CHAPTERS TWENTY, 18 TWENTY-ONE, TWENTY-TWO AND THREE HUNDRED EIGHTY-THREE of the laws of two 19 thousand nine [which amended this subdivision] of the person charged OR 20 THE RECORD OF LIABILITIES INCURRED IN ACCORDANCE WITH SECTION ELEVEN 21 HUNDRED ELEVEN-C OF THIS CHAPTER, as applicable prior to rendering a 22 final determination. Final determinations sustaining or dismissing 23 charges shall be entered on a final determination roll maintained by the 24 bureau together with records showing payment and nonpayment of penal- 25 ties. 26 2. Where an operator or owner fails to enter a plea to a charge of a 27 parking violation or contest an allegation of liability in accordance 28 with section eleven hundred eleven-b of this chapter as added by section 29 sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE, TWENTY-TWO AND 30 THREE HUNDRED EIGHTY-THREE of the laws of two thousand nine [which 31 amended this subdivision] OR FAILS TO CONTEST AN ALLEGATION OF LIABILITY 32 IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER, or 33 fails to appear on a designated hearing date or subsequent adjourned 34 date or fails after a hearing to comply with the determination of a 35 hearing examiner, as prescribed by this article or by rule or regulation 36 of the bureau, such failure to plead, contest, appear or comply shall be 37 deemed, for all purposes, an admission of liability and shall be grounds 38 for rendering and entering a default judgment in an amount provided by 39 the rules and regulations of the bureau. However, after the expiration 40 of the original date prescribed for entering a plea and before a default 41 judgment may be rendered, in such case the bureau shall pursuant to the 42 applicable provisions of law notify such operator or owner, by such form 43 of first class mail as the commission may direct; (1) of the violation 44 charged, or liability in accordance with section eleven hundred eleven-b 45 of this chapter, as added by section sixteen of [the chapter] CHAPTERS 46 TWENTY, TWENTY-ONE, TWENTY-TWO, AND THREE HUNDRED EIGHTY-THREE of the 47 laws of two thousand nine [which amended this subdivision], alleged OR 48 LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS 49 CHAPTER ALLEGED, (2) of the impending default judgment, (3) that such 50 judgment will be entered in the Civil Court of the city in which the 51 bureau has been established, or other court of civil jurisdiction or any 52 other place provided for the entry of civil judgments within the state 53 of New York, and (4) that a default may be avoided by entering a plea or 54 contesting an allegation of liability in accordance with section eleven 55 hundred eleven-b of this chapter as added by section sixteen of [the 56 chapter] CHAPTERS TWENTY, TWENTY-ONE, TWENTY-TWO AND THREE HUNDRED A. 10201 11 1 EIGHTY-THREE of the laws of two thousand nine [which amended this subdi- 2 vision] OR CONTESTING AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH 3 SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER, as appropriate, or 4 making an appearance within thirty days of the sending of such notice. 5 Pleas entered and allegations contested within that period shall be in 6 the manner prescribed in the notice and not subject to additional penal- 7 ty or fee. Such notice of impending default judgment shall not be 8 required prior to the rendering and entry thereof in the case of opera- 9 tors or owners who are non-residents of the state of New York. In no 10 case shall a default judgment be rendered or, where required, a notice 11 of impending default judgment be sent, more than two years after the 12 expiration of the time prescribed for entering a plea or contesting an 13 allegation. When a person has demanded a hearing, no fine or penalty 14 shall be imposed for any reason, prior to the holding of the hearing. If 15 the hearing examiner shall make a determination on the charges, sustain- 16 ing them, he or she shall impose no greater penalty or fine than those 17 upon which the person was originally charged. 18 S 10-b. Subdivisions 1 and 2 of section 241 of the vehicle and traffic 19 law, subdivision 1 as added by chapter 715 of the laws of 1972, subdivi- 20 sion 2 as amended by chapter 365 of the laws of 1978, are amended to 21 read as follows: 22 1. The hearing examiner shall make a determination on the charges, 23 either sustaining or dismissing them. Where the hearing examiner deter- 24 mines that the charges have been sustained he OR SHE may examine EITHER 25 the prior parking violations record of the person charged, OR THE RECORD 26 OF LIABILITIES INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED 27 ELEVEN-C OF THIS CHAPTER, AS APPLICABLE, prior to rendering a final 28 determination. Final determinations sustaining or dismissing charges 29 shall be entered on a final determination roll maintained by the bureau 30 together with records showing payment and nonpayment of penalties. 31 2. Where an operator or owner fails to enter a plea to a charge of a 32 parking violation or, FAILS TO CONTEST AN ALLEGATION OF LIABILITY 33 INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS 34 CHAPTER, fails to appear on a designated hearing date or subsequent 35 adjourned date or fails after a hearing to comply with the determination 36 of a hearing examiner, as prescribed by this article or by rule or regu- 37 lation of the bureau, such failure to plead, appear or comply shall be 38 deemed, for all purposes, an admission of liability and shall be grounds 39 for rendering and entering a default judgment in an amount provided by 40 the rules and regulations of the bureau. However, after the expiration 41 of the original date prescribed for entering a plea and before a default 42 judgment may be rendered, in such case the bureau shall pursuant to the 43 applicable provisions of law notify such operator or owner, by such form 44 of first class mail as the commission may direct; (1) of the violation 45 charged OR LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C 46 OF THIS CHAPTER ALLEGED, (2) of the impending default judgment, (3) that 47 such judgment will be entered in the Civil Court of the city in which 48 the bureau has been established, or other court of civil jurisdiction or 49 any other place provided for the entry of civil judgments within the 50 state of New York, and (4) that a default may be avoided by entering a 51 plea, OR CONTESTING AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH 52 SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER, or making an appearance 53 within thirty days of the sending of such notice. Pleas entered within 54 that period shall be in the manner prescribed in the notice and not 55 subject to additional penalty or fee. Such notice of impending default 56 judgment shall not be required prior to the rendering and entry thereof A. 10201 12 1 in the case of operators or owners who are non-residents of the state of 2 New York. In no case shall a default judgment be rendered or, where 3 required, a notice of impending default judgment be sent, more than two 4 years after the expiration of the time prescribed for entering a plea. 5 When a person has demanded a hearing, no fine or penalty shall be 6 imposed for any reason, prior to the holding of the hearing. If the 7 hearing examiner shall make a determination on the charges, sustaining 8 them, he OR SHE shall impose no greater penalty or fine than those upon 9 which the person was originally charged. 10 S 11. Subparagraph (i) of paragraph a of subdivision 5-a of section 11 401 of the vehicle and traffic law, as separately amended by section 1 12 of chapter 19, section 14 of chapters 20, 21, 22 and 383 and section 1 13 of chapter 23 of the laws of 2009, is amended to read as follows: 14 (i) If at the time of application for a registration or renewal there- 15 of there is a certification from a court, parking violations bureau, 16 traffic and parking violations agency or administrative tribunal of 17 appropriate jurisdiction or administrative tribunal of appropriate 18 jurisdiction that the registrant or his or her representative failed to 19 appear on the return date or any subsequent adjourned date or failed to 20 comply with the rules and regulations of an administrative tribunal 21 following entry of a final decision in response to a total of three or 22 more summonses or other process in the aggregate, issued within an eigh- 23 teen month period, charging either that (i) such motor vehicle was 24 parked, stopped or standing, or that such motor vehicle was operated for 25 hire by the registrant or his or her agent without being licensed as a 26 motor vehicle for hire by the appropriate local authority, in violation 27 of any of the provisions of this chapter or of any law, ordinance, rule 28 or regulation made by a local authority or (ii) the registrant was 29 liable in accordance with section eleven hundred eleven-a of this chap- 30 ter or section eleven hundred eleven-b of this chapter for a violation 31 of subdivision (d) of section eleven hundred eleven of this chapter OR 32 (III) THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION ELEVEN 33 HUNDRED ELEVEN-C OF THIS CHAPTER FOR A VIOLATION OF A BUS LANE 34 RESTRICTION AS DEFINED IN SUCH SECTION, the commissioner or his or her 35 agent shall deny the registration or renewal application until the 36 applicant provides proof from the court, traffic and parking violations 37 agency or administrative tribunal wherein the charges are pending that 38 an appearance or answer has been made or in the case of an administra- 39 tive tribunal that he or she has complied with the rules and regulations 40 of said tribunal following entry of a final decision. Where an applica- 41 tion is denied pursuant to this section, the commissioner may, in his or 42 her discretion, deny a registration or renewal application to any other 43 person for the same vehicle and may deny a registration or renewal 44 application for any other motor vehicle registered in the name of the 45 applicant where the commissioner has determined that such registrant's 46 intent has been to evade the purposes of this subdivision and where the 47 commissioner has reasonable grounds to believe that such registration or 48 renewal will have the effect of defeating the purposes of this subdivi- 49 sion. Such denial shall only remain in effect as long as the summonses 50 remain unanswered, or in the case of an administrative tribunal, the 51 registrant fails to comply with the rules and regulations following 52 entry of a final decision. 53 S 11-a. Paragraph a of subdivision 5-a of section 401 of the vehicle 54 and traffic law, as separately amended by section 2 of chapter 19, 55 section 15 of chapters 20, 21, 22 and 383 and section 2 of chapter 23 of 56 the laws of 2009, is amended to read as follows: A. 10201 13 1 a. If at the time of application for a registration or renewal thereof 2 there is a certification from a court or administrative tribunal of 3 appropriate jurisdiction that the registrant or his or her represen- 4 tative failed to appear on the return date or any subsequent adjourned 5 date or failed to comply with the rules and regulations of an adminis- 6 trative tribunal following entry of a final decision in response to a 7 total of three or more summonses or other process in the aggregate, 8 issued within an eighteen month period, charging either that (i) such 9 motor vehicle was parked, stopped or standing, or that such motor vehi- 10 cle was operated for hire by the registrant or his or her agent without 11 being licensed as a motor vehicle for hire by the appropriate local 12 authority, in violation of any of the provisions of this chapter or of 13 any law, ordinance, rule or regulation made by a local authority or (ii) 14 the registrant was liable in accordance with section eleven hundred 15 eleven-b of this chapter for a violation of subdivision (d) of section 16 eleven hundred eleven of this chapter OR (III) THE REGISTRANT WAS LIABLE 17 IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER FOR A 18 VIOLATION OF A BUS LANE RESTRICTION AS DEFINED IN SUCH SECTION, the 19 commissioner or his or her agent shall deny the registration or renewal 20 application until the applicant provides proof from the court or admin- 21 istrative tribunal wherein the charges are pending that an appearance or 22 answer has been made or in the case of an administrative tribunal that 23 he or she has complied with the rules and regulations of said tribunal 24 following entry of a final decision. Where an application is denied 25 pursuant to this section, the commissioner may, in his or her 26 discretion, deny a registration or renewal application to any other 27 person for the same vehicle and may deny a registration or renewal 28 application for any other motor vehicle registered in the name of the 29 applicant where the commissioner has determined that such registrant's 30 intent has been to evade the purposes of this subdivision and where the 31 commissioner has reasonable grounds to believe that such registration or 32 renewal will have the effect of defeating the purposes of this subdivi- 33 sion. Such denial shall only remain in effect as long as the summonses 34 remain unanswered, or in the case of an administrative tribunal, the 35 registrant fails to comply with the rules and regulations following 36 entry of a final decision. 37 S 11-b. Paragraph a of subdivision 5-a of section 401 of the vehicle 38 and traffic law, as separately amended by chapters 339 and 592 of the 39 laws of 1987, is amended to read as follows: 40 a. If at the time of application for a registration or renewal thereof 41 there is a certification from a court or administrative tribunal of 42 appropriate jurisdiction that the registrant or his OR HER represen- 43 tative failed to appear on the return date or any subsequent adjourned 44 date or failed to comply with the rules and regulations of an adminis- 45 trative tribunal following entry of a final decision in response to 46 three or more summonses or other process, issued within an eighteen 47 month period, charging that: (A) such motor vehicle was parked, stopped 48 or standing, or that such motor vehicle was operated for hire by the 49 registrant or his OR HER agent without being licensed as a motor vehicle 50 for hire by the appropriate local authority, in violation of any of the 51 provisions of this chapter or of any law, ordinance, rule or regulation 52 made by a local authority, OR (B) THE REGISTRANT WAS LIABLE IN ACCORD- 53 ANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER FOR A 54 VIOLATION OF A BUS LANE RESTRICTION AS DEFINED IN SUCH SECTION, the 55 commissioner or his OR HER agent shall deny the registration or renewal 56 application until the applicant provides proof from the court or admin- A. 10201 14 1 istrative tribunal wherein the charges are pending that an appearance or 2 answer has been made or in the case of an administrative tribunal that 3 he has complied with the rules and regulations of said tribunal follow- 4 ing entry of a final decision. Where an application is denied pursuant 5 to this section, the commissioner may, in his OR HER discretion, deny a 6 registration or renewal application to any other person for the same 7 vehicle and may deny a registration or renewal application for any other 8 motor vehicle registered in the name of the applicant where the commis- 9 sioner has determined that such registrant's intent has been to evade 10 the purposes of this subdivision and where the commissioner has reason- 11 able grounds to believe that such registration or renewal will have the 12 effect of defeating the purposes of this subdivision. Such denial shall 13 only remain in effect as long as the summonses remain unanswered, or in 14 the case of an administrative tribunal, the registrant fails to comply 15 with the rules and regulations following entry of a final decision. 16 S 12. The vehicle and traffic law is amended by adding a new section 17 1111-c to read as follows: 18 S 1111-C. OWNER LIABILITY FOR FAILURE OF OPERATOR TO COMPLY WITH BUS 19 LANE RESTRICTION. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EACH 20 CITY WITH A POPULATION OF ONE MILLION OR MORE IS HEREBY AUTHORIZED AND 21 EMPOWERED TO ESTABLISH A BUS LANE DEMONSTRATION PROGRAM IMPOSING MONE- 22 TARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR 23 THEREOF TO COMPLY WITH ANY BUS LANE RESTRICTION IN SUCH A CITY IN 24 ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. THE DEPARTMENT OF TRANS- 25 PORTATION OF SUCH A CITY OR THE APPLICABLE MASS TRANSIT AGENCY, FOR 26 PURPOSES OF THE IMPLEMENTATION OF A BUS LANE DEMONSTRATION PROGRAM, MAY 27 OPERATE BUS LANE PHOTO DEVICES ONLY TO ENFORCE BUS LANE RESTRICTIONS 28 IMPOSED ON ROUTES WITHIN SUCH A PROGRAM IN SUCH A CITY. SUCH BUS LANE 29 PHOTO DEVICES MAY BE STATIONARY OR MOBILE AND SHALL BE ACTIVATED AT 30 LOCATIONS DETERMINED BY SUCH DEPARTMENT OF TRANSPORTATION AND/OR ON 31 BUSES SELECTED BY SUCH DEPARTMENT OF TRANSPORTATION IN CONSULTATION WITH 32 THE APPLICABLE MASS TRANSIT AGENCY. ANY MOBILE BUS LANE PHOTO DEVICE 33 MOUNTED ON A BUS SHALL BE DIRECTED OUTWARDLY FROM SUCH BUS TO CAPTURE 34 IMAGES OF VEHICLES OPERATED IN VIOLATION OF BUS LANE RESTRICTIONS, AND 35 IMAGES PRODUCED BY SUCH DEVICE SHALL NOT BE USED FOR ANY OTHER PURPOSE 36 IN THE ABSENCE OF A COURT ORDER REQUIRING SUCH IMAGES TO BE PRODUCED. 37 ANY IMAGE OR IMAGES CAPTURED BY STATIONARY BUS LANE PHOTO DEVICES SHALL 38 BE INADMISSIBLE IN ANY DISCIPLINARY PROCEEDING CONVENED BY THE APPLICA- 39 BLE MASS TRANSIT AGENCY OR ANY SUBSIDIARY THEREOF AND ANY PROCEEDING 40 INITIATED BY THE DEPARTMENT OF MOTOR VEHICLES INVOLVING LICENSURE PRIVI- 41 LEGES OF BUS OPERATORS. A CITY AUTHORIZED TO INSTALL BUS LANE PHOTO 42 DEVICES PURSUANT TO THE PROVISIONS OF THIS SECTION SHALL ADOPT AND 43 ENFORCE MEASURES TO PROTECT THE PRIVACY OF DRIVERS, PASSENGERS, PEDES- 44 TRIANS AND CYCLISTS WHOSE IDENTITY AND IDENTIFYING INFORMATION MAY BE 45 CAPTURED BY SUCH BUS LANE PHOTO DEVICES. SUCH MEASURES SHALL INCLUDE: 46 1. UTILIZATION OF NECESSARY TECHNOLOGIES TO ENSURE, TO THE EXTENT 47 PRACTICABLE, THAT PHOTOGRAPHS PRODUCED BY BUS LANE PHOTO DEVICES SHALL 48 NOT INCLUDE IMAGES THAT IDENTIFY THE DRIVER, THE PASSENGERS, OR THE 49 CONTENTS OF THE VEHICLE, PROVIDED, HOWEVER, THAT NO NOTICE OF LIABILITY 50 ISSUED PURSUANT TO THIS SECTION SHALL BE DISMISSED SOLELY BECAUSE A 51 PHOTOGRAPH OR PHOTOGRAPHS ALLOW FOR THE IDENTIFICATION OF THE DRIVER, 52 THE PASSENGERS OR OTHER CONTENTS OF A VEHICLE; 53 2. A PROHIBITION ON THE USE OR DISSEMINATION OF VEHICLES' LICENSE 54 PLATE INFORMATION AND OTHER INFORMATION AND IMAGES CAPTURED BY BUS LANE 55 PHOTO DEVICES EXCEPT AS REQUIRED TO ESTABLISH LIABILITY UNDER THIS 56 SECTION OR COLLECT PAYMENT OF PENALTIES; OR TO RESPOND TO REQUESTS BY A. 10201 15 1 LAW ENFORCEMENT OFFICIALS PERTAINING TO A SPECIFIC ACCIDENT OR SPECIFIC 2 INCIDENT OF ALLEGED CRIMINAL CONDUCT; OR EXCEPT AS OTHERWISE REQUIRED BY 3 LAW; 4 3. THE INSTALLATION OF SIGNAGE WITHIN RESTRICTED BUS LANES STATING 5 THAT BUS LANE PHOTO DEVICES ARE USED TO ENFORCE RESTRICTIONS ON VEHICU- 6 LAR TRAFFIC IN BUS LANES; AND 7 4. OVERSIGHT PROCEDURES TO ENSURE COMPLIANCE WITH THE AFOREMENTIONED 8 PRIVACY-PROTECTION MEASURES. 9 WITHIN THE CITY WITH A POPULATION OF ONE MILLION OR MORE, SUCH BUS 10 LANE PHOTO DEVICES SHALL BE OPERATED ON NO MORE THAN FIFTY MILES OF BUS 11 LANES WITHIN SUCH CITY. 12 (B) IN ANY CITY THAT HAS ESTABLISHED A BUS LANE DEMONSTRATION PROGRAM 13 PURSUANT TO SUBDIVISION (A) OF THIS SECTION, THE OWNER OF A VEHICLE 14 SHALL BE LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION IF SUCH 15 VEHICLE IS USED OR OPERATED WITH THE PERMISSION OF THE OWNER, EXPRESS OR 16 IMPLIED, IN VIOLATION OF ANY BUS LANE RESTRICTION IMPOSED ON A ROUTE 17 WITHIN SUCH BUS LANE DEMONSTRATION PROGRAM, AND SUCH VIOLATION IS 18 EVIDENCED BY INFORMATION OBTAINED FROM A BUS LANE PHOTO DEVICE; PROVIDED 19 HOWEVER THAT NO OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED 20 PURSUANT TO THIS SECTION WHERE THE OPERATOR OF SUCH VEHICLE HAS BEEN 21 CONVICTED OF THE UNDERLYING VIOLATION OF SUCH BUS LANE RESTRICTION. 22 (C) FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL MEAN: 23 1. "OWNER" SHALL HAVE THE MEANING PROVIDED IN ARTICLE TWO-B OF THIS 24 CHAPTER. 25 2. "BUS LANE PHOTO DEVICE" SHALL MEAN A DEVICE THAT IS CAPABLE OF 26 OPERATING INDEPENDENTLY OF AN ENFORCEMENT OFFICER AND PRODUCES ONE OR 27 MORE IMAGES OF EACH VEHICLE AT THE TIME IT IS IN VIOLATION OF A BUS LANE 28 RESTRICTION. 29 3. "BUS LANE RESTRICTION" SHALL MEAN A RESTRICTION ON THE USE OF 30 DESIGNATED TRAFFIC LANES BY VEHICLES OTHER THAN BUSES IMPOSED BY RULE OR 31 SIGNS ERECTED BY THE DEPARTMENT OF TRANSPORTATION OF A CITY THAT ESTAB- 32 LISHES A BUS LANE DEMONSTRATION PROGRAM PURSUANT TO THIS SECTION. 33 4. "BUS LANE DEMONSTRATION PROGRAM" SHALL MEAN A PROGRAM THAT OPERATES 34 ON ROUTES RECEIVING ENHANCED MARKINGS AND/OR SIGNAGE DESIGNATED BY THE 35 DEPARTMENT OF TRANSPORTATION OF A CITY THAT ESTABLISHES SUCH A DEMON- 36 STRATION PROGRAM PURSUANT TO THIS SECTION. 37 (D) A CERTIFICATE, OR A FACSIMILE THEREOF, SWORN TO OR AFFIRMED BY A 38 TECHNICIAN EMPLOYED BY THE CITY IN WHICH THE CHARGED VIOLATION OCCURRED 39 OR BY ITS VENDOR OR CONTRACTOR OR BY THE APPLICABLE MASS TRANSIT AGENCY, 40 BASED UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR 41 OTHER RECORDED IMAGES PRODUCED BY A BUS LANE PHOTO DEVICE, SHALL BE 42 PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN. ANY PHOTOGRAPHS, 43 MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES EVIDENCING SUCH A 44 VIOLATION SHALL BE AVAILABLE FOR INSPECTION IN ANY PROCEEDING TO ADJUDI- 45 CATE THE LIABILITY FOR SUCH VIOLATION PURSUANT TO THIS SECTION. 46 (E) AN OWNER LIABLE FOR A VIOLATION OF A BUS LANE RESTRICTION IMPOSED 47 ON ANY ROUTE WITHIN A BUS LANE DEMONSTRATION PROGRAM SHALL BE LIABLE FOR 48 MONETARY PENALTIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND PENALTIES 49 PROMULGATED BY THE PARKING VIOLATIONS BUREAU OF SUCH CITY; PROVIDED, 50 HOWEVER, THAT THE MONETARY PENALTY FOR VIOLATING A BUS LANE RESTRICTION 51 SHALL NOT EXCEED ONE HUNDRED FIFTEEN DOLLARS; PROVIDED, FURTHER, THAT AN 52 OWNER SHALL BE LIABLE FOR AN ADDITIONAL PENALTY NOT TO EXCEED 53 TWENTY-FIVE DOLLARS FOR EACH VIOLATION FOR THE FAILURE TO RESPOND TO A 54 NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME PERIOD. 55 (F) AN IMPOSITION OF LIABILITY PURSUANT TO THIS SECTION SHALL NOT BE 56 DEEMED A CONVICTION OF AN OPERATOR AND SHALL NOT BE MADE PART OF THE A. 10201 16 1 OPERATING RECORD OF THE PERSON UPON WHOM SUCH LIABILITY IS IMPOSED, NOR 2 SHALL IT BE USED FOR INSURANCE PURPOSES IN THE PROVISION OF MOTOR VEHI- 3 CLE INSURANCE COVERAGE. 4 (G) 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 BUS LANE 6 RESTRICTION. PERSONAL DELIVERY TO THE OWNER SHALL NOT BE REQUIRED. A 7 MANUAL OR AUTOMATIC RECORD OF MAILING PREPARED IN THE ORDINARY COURSE OF 8 BUSINESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN. 9 2. A NOTICE OF LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE 10 PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF A BUS LANE 11 RESTRICTION, THE REGISTRATION NUMBER OF THE VEHICLE INVOLVED IN SUCH 12 VIOLATION, THE LOCATION WHERE SUCH VIOLATION TOOK PLACE, THE DATE AND 13 TIME OF SUCH VIOLATION AND THE IDENTIFICATION NUMBER OF THE BUS LANE 14 PHOTO DEVICE WHICH RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR 15 NUMBER. 16 3. THE NOTICE OF LIABILITY SHALL CONTAIN INFORMATION ADVISING THE 17 PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE OR SHE MAY CONTEST 18 THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO 19 CONTAIN A WARNING TO ADVISE THE PERSONS CHARGED THAT FAILURE TO CONTEST 20 IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF LIABIL- 21 ITY AND THAT A DEFAULT JUDGEMENT MAY BE ENTERED THEREON. 22 4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE AGENCY 23 OR AGENCIES DESIGNATED BY SUCH CITY. 24 (H) IF AN OWNER OF A VEHICLE RECEIVES A NOTICE OF LIABILITY PURSUANT 25 TO THIS SECTION FOR ANY TIME PERIOD DURING WHICH SUCH VEHICLE WAS 26 REPORTED TO THE POLICE DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE A 27 VALID DEFENSE TO AN ALLEGATION OF LIABILITY FOR A VIOLATION OF A BUS 28 LANE RESTRICTION THAT THE VEHICLE HAD BEEN REPORTED TO THE POLICE AS 29 STOLEN PRIOR TO THE TIME THE VIOLATION OCCURRED AND HAD NOT BEEN RECOV- 30 ERED BY SUCH TIME. FOR PURPOSES OF ASSERTING THE DEFENSE PROVIDED BY 31 THIS SUBDIVISION IT SHALL BE SUFFICIENT THAT AN ORIGINAL INCIDENT FORM 32 ISSUED BY THE POLICE ON THE STOLEN VEHICLE BE SENT BY FIRST CLASS MAIL 33 TO THE PARKING VIOLATIONS BUREAU OF SUCH CITY. 34 (I) 1. AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF 35 LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION (G) OF THIS SECTION SHALL 36 NOT BE LIABLE FOR THE VIOLATION OF A BUS LANE RESTRICTION, PROVIDED 37 THAT: 38 (I) PRIOR TO THE VIOLATION, THE LESSOR HAS FILED WITH SUCH PARKING 39 VIOLATIONS BUREAU IN ACCORDANCE WITH THE PROVISIONS OF SECTION TWO 40 HUNDRED THIRTY-NINE OF THIS CHAPTER; AND 41 (II) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM SUCH BUREAU 42 OF THE DATE AND TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFORMATION 43 CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY, THE LESSOR SUBMITS TO 44 SUCH BUREAU THE CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE 45 IDENTIFIED IN THE NOTICE OF LIABILITY AT THE TIME OF SUCH VIOLATION, 46 TOGETHER WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL, 47 LEASE OR OTHER CONTRACT DOCUMENT, AS MAY BE REASONABLY REQUIRED BY SUCH 48 BUREAU PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE. 49 2. FAILURE TO COMPLY WITH SUBPARAGRAPH (II) OF PARAGRAPH ONE OF THIS 50 SUBDIVISION SHALL RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED IN 51 THIS SECTION. 52 3. WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF PARAGRAPH ONE OF 53 THIS SUBDIVISION, THE LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH 54 VIOLATION SHALL BE DEEMED TO BE THE OWNER OF SUCH VEHICLE FOR PURPOSES 55 OF THIS SECTION, SHALL BE SUBJECT TO LIABILITY FOR SUCH VIOLATION PURSU- A. 10201 17 1 ANT TO THIS SECTION AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO 2 SUBDIVISION (G) OF THIS SECTION. 3 (J) IF THE OWNER LIABLE FOR A VIOLATION OF A BUS LANE RESTRICTION WAS 4 NOT THE OPERATOR OF THE VEHICLE AT THE TIME OF THE VIOLATION, THE OWNER 5 MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR. 6 (K) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY 7 OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF BUS LANE RESTRICTIONS. 8 (L) ANY CITY THAT ADOPTS A BUS LANE DEMONSTRATION PROGRAM PURSUANT TO 9 SUBDIVISION (A) OF THIS SECTION SHALL SUBMIT A REPORT ON THE RESULTS OF 10 THE USE OF BUS LANE PHOTO DEVICES TO THE GOVERNOR, THE TEMPORARY PRESI- 11 DENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY BY APRIL FIRST, TWO 12 THOUSAND FOURTEEN. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO: 13 1. A DESCRIPTION OF THE LOCATIONS AND/OR BUSES WHERE BUS LANE PHOTO 14 DEVICES WERE USED; 15 2. THE TOTAL NUMBER OF VIOLATIONS RECORDED ON A MONTHLY AND ANNUAL 16 BASIS; 17 3. THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED; 18 4. THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID AFTER FIRST 19 NOTICE OF LIABILITY; 20 5. THE NUMBER OF VIOLATIONS ADJUDICATED AND RESULTS OF SUCH ADJUDI- 21 CATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE; 22 6. THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH CITY; AND 23 7. THE QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS. 24 S 13. The opening paragraph and paragraph (c) of subdivision 1 of 25 section 1809 of the vehicle and traffic law, as separately amended by 26 section 4 of chapter 19, section 17 of chapters 20, 21, 22 and 383 and 27 section 4 of chapter 23 of the laws of 2009, are amended to read as 28 follows: 29 Whenever proceedings in an administrative tribunal or a court of this 30 state result in a conviction for an offense under this chapter or a 31 traffic infraction under this chapter, or a local law, ordinance, rule 32 or regulation adopted pursuant to this chapter, other than a traffic 33 infraction involving standing, stopping, or parking or violations by 34 pedestrians or bicyclists, or other than an adjudication of liability of 35 an owner for a violation of subdivision (d) of section eleven hundred 36 eleven of this chapter in accordance with section eleven hundred 37 eleven-a of this chapter, or other than an adjudication of liability of 38 an owner for a violation of subdivision (d) of section eleven hundred 39 eleven of this chapter in accordance with section eleven hundred 40 eleven-b of this chapter OR OTHER THAN AN ADJUDICATION IN ACCORDANCE 41 WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER OF A VIOLATION OF A 42 BUS LANE RESTRICTION AS DEFINED IN SUCH SECTION, there shall be levied a 43 crime victim assistance fee and a mandatory surcharge, in addition to 44 any sentence required or permitted by law, in accordance with the 45 following schedule: 46 (c) Whenever proceedings in an administrative tribunal or a court of 47 this state result in a conviction for an offense under this chapter 48 other than a crime pursuant to section eleven hundred ninety-two of this 49 chapter, or a traffic infraction under this chapter, or a local law, 50 ordinance, rule or regulation adopted pursuant to this chapter, other 51 than a traffic infraction involving standing, stopping, or parking or 52 violations by pedestrians or bicyclists, or other than an adjudication 53 of liability of an owner for a violation of subdivision (d) of section 54 eleven hundred eleven of this chapter in accordance with section eleven 55 hundred eleven-a of this chapter, or other than an adjudication of 56 liability of an owner for a violation of subdivision (d) of section A. 10201 18 1 eleven hundred eleven of this chapter in accordance with section eleven 2 hundred eleven-b of this chapter, or other than an infraction pursuant 3 to article nine of this chapter or other than an adjudication of liabil- 4 ity of an owner for a violation of toll collection regulations pursuant 5 to section two thousand nine hundred eighty-five of the public authori- 6 ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven 7 hundred seventy-four of the laws of nineteen hundred fifty OR OTHER THAN 8 AN ADJUDICATION IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF 9 THIS CHAPTER OF A VIOLATION OF A BUS LANE RESTRICTION AS DEFINED IN SUCH 10 SECTION, there shall be levied a crime victim assistance fee in the 11 amount of five dollars and a mandatory surcharge, in addition to any 12 sentence required or permitted by law, in the amount of fifty-five 13 dollars. 14 S 13-a. The opening paragraph of subdivision 1 of section 1809 of the 15 vehicle and traffic law, as separately amended by section 5 of chapter 16 19, section 18 of chapters 20, 21, 22 and 383 and section 5 of chapter 17 23 of the laws of 2009, is amended to read as follows: 18 Whenever proceedings in an administrative tribunal or a court of this 19 state result in a conviction for a crime under this chapter or a traffic 20 infraction under this chapter, or a local law, ordinance, rule or regu- 21 lation adopted pursuant to this chapter, other than a traffic infraction 22 involving standing, stopping, parking or motor vehicle equipment or 23 violations by pedestrians or bicyclists, or other than an adjudication 24 of liability of an owner for a violation of subdivision (d) of section 25 eleven hundred eleven of this chapter in accordance with section eleven 26 hundred eleven-a of this chapter, or other than an adjudication of 27 liability of an owner for a violation of subdivision (d) of section 28 eleven hundred eleven of this chapter in accordance with section eleven 29 hundred eleven-b of this chapter OR OTHER THAN AN ADJUDICATION IN 30 ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER OF A 31 VIOLATION OF A BUS LANE RESTRICTION AS DEFINED IN SUCH SECTION, there 32 shall be levied a mandatory surcharge, in addition to any sentence 33 required or permitted by law, in the amount of twenty-five dollars. 34 S 13-b. Subdivision 1 of section 1809 of the vehicle and traffic law, 35 as separately amended by chapter 16 of the laws of 1983 and chapter 62 36 of the laws of 1989, is amended to read as follows: 37 1. Whenever proceedings in an administrative tribunal or a court of 38 this state result in a conviction for a crime under this chapter or a 39 traffic infraction under this chapter other than a traffic infraction 40 involving standing, stopping, parking or motor vehicle equipment or 41 violations by pedestrians or bicyclists, OR OTHER THAN AN ADJUDICATION 42 IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER OF A 43 VIOLATION OF A BUS LANE RESTRICTION AS DEFINED IN SUCH SECTION, there 44 shall be levied a mandatory surcharge, in addition to any sentence 45 required or permitted by law, in the amount of seventeen dollars. 46 S 14. Subdivision 2 of section 87 of the public officers law is 47 amended by adding a new paragraph (l) to read as follows: 48 (L) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED 49 IMAGES PRODUCED BY A BUS LANE PHOTO DEVICE PREPARED UNDER THE AUTHORITY 50 OF SECTION ELEVEN HUNDRED ELEVEN-C OF THE VEHICLE AND TRAFFIC LAW. 51 S 15. This act shall take effect on the thirtieth day after it shall 52 have become a law and shall expire 7 years after such effective date 53 when upon such date the provisions of this act shall be deemed repealed; 54 and provided that any rules and regulations necessary for the implemen- 55 tation of this act on its effective date shall be promulgated on or 56 before such date; A. 10201 19 1 (a) provided, however, that the amendments to subdivision 1 of section 2 235 of the vehicle and traffic law made by section one of this act shall 3 not affect the expiration of such section and shall be deemed to expire 4 therewith, when upon such date the provisions of section one-a of this 5 act shall take effect, provided, further, however, that the amendments 6 to section 235 of the vehicle and traffic law made by section one-a of 7 this act shall not affect the expiration of such section and shall be 8 deemed to expire therewith, when upon such date the provisions of 9 section one-b of this act shall take effect; provided, further, however, 10 that the amendments to section 235 of the vehicle and traffic law made 11 by section one-b of this act shall not affect the expiration of such 12 section and shall be deemed to expire therewith, when upon such date the 13 provisions of section one-c of this act shall take effect; 14 (b) provided, further, that the amendments to subdivision 1 of section 15 236 of the vehicle and traffic law made by section two of this act shall 16 not affect the expiration of such subdivision and shall be deemed to 17 expire therewith, when upon such date the provisions of section two-a of 18 this act shall take effect; provided, further, that the amendments to 19 subdivision 1 of section 236 of the vehicle and traffic law made by 20 section two-a of this act shall not affect the expiration of such subdi- 21 vision and shall be deemed to expire therewith, when upon such date the 22 provisions of section two-b of this act shall take effect; 23 (c) provided, further, that the amendments to paragraph f of subdivi- 24 sion 1 of section 239 of the vehicle and traffic law made by section 25 five of this act shall not affect the expiration of such paragraph and 26 shall be deemed to expire therewith, when upon such date the provisions 27 of section five-a of this act shall take effect; provided, further, that 28 the amendments to paragraph f of subdivision 1 of section 239 of the 29 vehicle and traffic law made by section five-a of this act shall not 30 affect the expiration of such paragraph and shall be deemed to expire 31 therewith, when upon such date the provisions of section five-b of this 32 act shall take effect; 33 (d) provided, further, that the amendments to subdivision 4 of section 34 239 of the vehicle and traffic law made by section six of this act shall 35 not affect the repeal of such subdivision and shall be deemed repealed 36 therewith, when upon such date the provisions of section six-a of this 37 act shall take effect; 38 (e) provided, further, that the amendments to subdivision 1 of section 39 240 of the vehicle and traffic law made by section seven of this act 40 shall not affect the expiration of such subdivision and shall be deemed 41 to expire therewith, when upon such date the provisions of section 42 seven-a of this act shall take effect; provided, further, that the 43 amendments to subdivision 1 of section 240 of the vehicle and traffic 44 law made by section seven-a of this act shall not affect the expiration 45 of such subdivision and shall be deemed to expire therewith, when upon 46 such date the provisions of section seven-b of this act shall take 47 effect; 48 (f) provided, further, that the amendments to subdivision 1-a of 49 section 240 of the vehicle and traffic law made by section eight of this 50 act shall not affect the expiration of such subdivision and shall be 51 deemed to expire therewith, when upon such date the provisions of 52 section eight-a of this act shall take effect; provided, further, that 53 the amendments to subdivision 1-a of section 240 of the vehicle and 54 traffic law made by section eight-a of this act shall not affect the 55 expiration of such subdivision and shall be deemed to expire therewith, A. 10201 20 1 when upon such date the provisions of section eight-b of this act shall 2 take effect; 3 (g) provided, further, that the amendments to paragraphs a and g of 4 subdivision 2 of section 240 of the vehicle and traffic law made by 5 section nine of this act shall not affect the expiration of such para- 6 graphs and shall be deemed to expire therewith, when upon such date the 7 provision of section nine-a of this act shall take effect; provided, 8 further, that the amendments to paragraphs a and g of subdivision 2 of 9 section 240 of the vehicle and traffic law made by section nine-a of 10 this act shall not affect the expiration of such subdivision and shall 11 be deemed to expire therewith, when upon such date the provisions of 12 section nine-b of this act shall take effect; 13 (h) provided, further, that the amendments to subdivisions 1 and 2 of 14 section 241 of the vehicle and traffic law made by section ten of this 15 act shall not affect the expiration of such subdivisions and shall be 16 deemed to expire therewith, when upon such date the provisions of 17 section ten-a of this act shall take effect; provided, further, that the 18 amendments to subdivisions 1 and 2 of section 241 of the vehicle and 19 traffic law made by section ten-a of this act shall not affect the expi- 20 ration of such subdivisions and shall be deemed to expire therewith, 21 when upon such date the provisions of section ten-b of this act shall 22 take effect; 23 (i) provided, further, that the amendments to subparagraph (i) of 24 paragraph a of subdivision 5-a of section 401 of the vehicle and traffic 25 law made by section eleven of this act shall not affect the expiration 26 of such paragraph and shall be deemed to expire therewith, when upon 27 such date the provisions of section eleven-a of this act shall take 28 effect; provided, further, that the amendments to paragraph a of subdi- 29 vision 5-a of section 401 of the vehicle and traffic law made by section 30 eleven-a of this act shall not affect the expiration of such paragraph 31 and shall be deemed to expire therewith, when upon such date the 32 provisions of section eleven-b of this act shall take effect; 33 (j) provided, further, that the amendments to subdivision 1 of section 34 1809 of the vehicle and traffic law made by section thirteen of this act 35 shall not affect the expiration of such subdivision pursuant to section 36 406 of chapter 166 of the laws of 1991, as amended, and shall be deemed 37 to expire therewith, when upon such date the provisions of section thir- 38 teen-a of this act shall take effect; and 39 (k) provided, further, that the amendments to subdivision 1 of section 40 1809 of the vehicle and traffic law made by section thirteen-a of this 41 act shall not affect the expiration of such subdivision pursuant to 42 chapter 746 of the laws of 1988, as amended, and shall be deemed to 43 expire therewith, when upon such date the provisions of section thir- 44 teen-b of this act shall take effect.