Bill Text: NY S00231 | 2019-2020 | General Assembly | Introduced


Bill Title: Establishes in the city of Buffalo a demonstration program implementing speed violation monitoring systems in school speed zones by means of photo devices.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2019-03-19 - SUBSTITUTED BY A951 [S00231 Detail]

Download: New_York-2019-S00231-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           231
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Transportation
        AN ACT to amend the vehicle and traffic law and the public officers law,
          in relation to establishing in the city  of  Buffalo  a  demonstration
          program  implementing  speed  violation  monitoring  systems in school
          speed zones by means of 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 amended by section 1 of chapter 222 of  the  laws  of  2015,  is
     3  amended to read as follows:
     4    1.  Notwithstanding any inconsistent provision of any general, special
     5  or local law or administrative code to the contrary, in any  city  which
     6  heretofore  or  hereafter  is  authorized to establish an administrative
     7  tribunal to hear and determine complaints of traffic infractions consti-
     8  tuting parking, standing or stopping violations, or  to  adjudicate  the
     9  liability  of owners for violations of subdivision (d) of section eleven
    10  hundred eleven of this chapter in accordance with section eleven hundred
    11  eleven-a of this chapter, or to adjudicate the liability of  owners  for
    12  violations  of  subdivision (d) of section eleven hundred eleven of this
    13  chapter in accordance with sections  eleven  hundred  eleven-b  of  this
    14  chapter as added by sections sixteen of chapters twenty, twenty-one, and
    15  twenty-two  of  the  laws  of  two  thousand  nine, or to adjudicate the
    16  liability of owners for violations of subdivision (d) of section  eleven
    17  hundred eleven of this chapter in accordance with section eleven hundred
    18  eleven-d  of  this chapter, or to adjudicate the liability of owners for
    19  violations of subdivision (d) of section eleven hundred eleven  of  this
    20  chapter in accordance with section eleven hundred eleven-e of this chap-
    21  ter,  or  to  adjudicate  the liability of owners for violations of toll
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04570-01-9

        S. 231                              2
     1  collection  regulations  as  defined  in  and  in  accordance  with  the
     2  provisions  of  section  two  thousand  nine  hundred eighty-five of the
     3  public authorities law and sections sixteen-a, sixteen-b  and  sixteen-c
     4  of  chapter  seven  hundred seventy-four of the laws of nineteen hundred
     5  fifty, or to adjudicate liability of owners in accordance  with  section
     6  eleven  hundred  eleven-c  of  this  chapter  for violations of bus lane
     7  restrictions as defined in subdivision (b), (c), (d), (f) or (g) of such
     8  section, or to adjudicate the liability  of  owners  for  violations  of
     9  section eleven hundred eighty of this chapter in accordance with section
    10  eleven  hundred eighty-b of this chapter, or to adjudicate the liability
    11  of owners for violations of section eleven hundred eighty of this  chap-
    12  ter  in accordance with section eleven hundred eighty-d of this chapter,
    13  such tribunal and the rules and regulations pertaining thereto shall  be
    14  constituted in substantial conformance with the following sections.
    15    §  1-a.  Section  235  of  the  vehicle and traffic law, as amended by
    16  section 1-a of chapter 222 of the laws of 2015, is amended  to  read  as
    17  follows:
    18    § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
    19  general, special or local law or administrative code to the contrary, in
    20  any  city  which  heretofore  or hereafter is authorized to establish an
    21  administrative tribunal to hear  and  determine  complaints  of  traffic
    22  infractions constituting parking, standing or stopping violations, or to
    23  adjudicate  the liability of owners for violations of subdivision (d) of
    24  section eleven hundred eleven of this chapter in accordance with section
    25  eleven hundred eleven-a of this chapter, or to adjudicate the  liability
    26  of  owners  for  violations of subdivision (d) of section eleven hundred
    27  eleven of this  chapter  in  accordance  with  sections  eleven  hundred
    28  eleven-b  of this chapter as added by sections sixteen of chapters twen-
    29  ty, twenty-one, and twenty-two of the laws of two thousand nine,  or  to
    30  adjudicate  the liability of owners for violations of subdivision (d) of
    31  section eleven hundred eleven of this chapter in accordance with section
    32  eleven hundred eleven-d of this chapter, or to adjudicate the  liability
    33  of  owners  for  violations of subdivision (d) of section eleven hundred
    34  eleven of  this  chapter  in  accordance  with  section  eleven  hundred
    35  eleven-e  of  this chapter, or to adjudicate the liability of owners for
    36  violations of toll collection regulations as defined in and  in  accord-
    37  ance  with  the  provisions of section two thousand nine hundred eighty-
    38  five of the public authorities law and sections sixteen-a, sixteen-b and
    39  sixteen-c of chapter seven hundred seventy-four of the laws of  nineteen
    40  hundred  fifty,  or to adjudicate liability of owners in accordance with
    41  section eleven hundred eleven-c of this chapter for  violations  of  bus
    42  lane  restrictions  as  defined  in  such  section, or to adjudicate the
    43  liability of owners for violations of subdivision (b), (c), (d), (f)  or
    44  (g)  of section eleven hundred eighty of this chapter in accordance with
    45  section eleven hundred eighty-b of this chapter, or  to  adjudicate  the
    46  liability  of owners for violations of subdivision (b), (c), (d), (f) or
    47  (g) of section eleven hundred eighty of this chapter in accordance  with
    48  section  eleven  hundred eighty-d of this chapter, such tribunal and the
    49  rules  and  regulations  pertaining  thereto  shall  be  constituted  in
    50  substantial conformance with the following sections.
    51    §  1-b.  Section  235  of  the  vehicle and traffic law, as amended by
    52  section 1-b of chapter 222 of the laws of 2015, is amended  to  read  as
    53  follows:
    54    § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
    55  general, special or local law or administrative code to the contrary, in
    56  any  city  which  heretofore  or hereafter is authorized to establish an

        S. 231                              3
     1  administrative tribunal to hear  and  determine  complaints  of  traffic
     2  infractions constituting parking, standing or stopping violations, or to
     3  adjudicate  the liability of owners for violations of subdivision (d) of
     4  section  eleven  hundred  eleven  of  this  chapter  in  accordance with
     5  sections eleven hundred eleven-b of this chapter as  added  by  sections
     6  sixteen  of  chapters  twenty, twenty-one, and twenty-two of the laws of
     7  two thousand  nine,  or  to  adjudicate  the  liability  of  owners  for
     8  violations  of  subdivision (d) of section eleven hundred eleven of this
     9  chapter in accordance with section eleven hundred eleven-d of this chap-
    10  ter, or to adjudicate the liability of owners for violations of subdivi-
    11  sion (d) of section eleven hundred eleven of this chapter in  accordance
    12  with  section  eleven hundred eleven-e of this chapter, or to adjudicate
    13  the liability of owners for violations of toll collection regulations as
    14  defined in and in accordance with the provisions of section two thousand
    15  nine hundred eighty-five of the  public  authorities  law  and  sections
    16  sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
    17  of  the  laws  of  nineteen hundred fifty, or to adjudicate liability of
    18  owners in accordance with section eleven hundred eleven-c of this  chap-
    19  ter  for violations of bus lane restrictions as defined in such section,
    20  or to adjudicate the liability of owners for violations  of  subdivision
    21  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    22  ter  in accordance with section eleven hundred eighty-b of this chapter,
    23  or to adjudicate the liability of owners for violations  of  subdivision
    24  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    25  ter  in accordance with section eleven hundred eighty-d of this chapter,
    26  such tribunal and the rules and regulations pertaining thereto shall  be
    27  constituted in substantial conformance with the following sections.
    28    §  1-c.  Section  235  of  the  vehicle and traffic law, as amended by
    29  section 1-c of chapter 222 of the laws of 2015, is amended  to  read  as
    30  follows:
    31    § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
    32  general, special or local law or administrative code to the contrary, in
    33  any  city  which  heretofore  or hereafter is authorized to establish an
    34  administrative tribunal to hear  and  determine  complaints  of  traffic
    35  infractions constituting parking, standing or stopping violations, or to
    36  adjudicate  the liability of owners for violations of subdivision (d) of
    37  section eleven hundred eleven of this chapter in accordance with section
    38  eleven hundred eleven-d of this chapter, or to adjudicate the  liability
    39  of  owners  for  violations of subdivision (d) of section eleven hundred
    40  eleven of  this  chapter  in  accordance  with  section  eleven  hundred
    41  eleven-e  of  this chapter, or to adjudicate the liability of owners for
    42  violations of toll collection regulations as defined in and  in  accord-
    43  ance  with  the  provisions of section two thousand nine hundred eighty-
    44  five of the public authorities law and sections sixteen-a, sixteen-b and
    45  sixteen-c of chapter seven hundred seventy-four of the laws of  nineteen
    46  hundred  fifty,  or to adjudicate liability of owners in accordance with
    47  section eleven hundred eleven-c of this chapter for  violations  of  bus
    48  lane  restrictions  as  defined  in  such  section, or to adjudicate the
    49  liability of owners for violations of subdivision (b), (c), (d), (f)  or
    50  (g)  of section eleven hundred eighty of this chapter in accordance with
    51  section eleven hundred eighty-b of this chapter, or  to  adjudicate  the
    52  liability  of owners for violations of subdivision (b), (c), (d), (f) or
    53  (g) of section eleven hundred eighty of this chapter in accordance  with
    54  section  eleven  hundred eighty-d of this chapter, such tribunal and the
    55  rules  and  regulations  pertaining  thereto  shall  be  constituted  in
    56  substantial conformance with the following sections.

        S. 231                              4
     1    §  1-d.  Section  235  of  the  vehicle and traffic law, as amended by
     2  section 1-d of chapter 222 of the laws of 2015, is amended  to  read  as
     3  follows:
     4    § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
     5  general, special or local law or administrative code to the contrary, in
     6  any  city  which  heretofore  or hereafter is authorized to establish an
     7  administrative tribunal to hear  and  determine  complaints  of  traffic
     8  infractions constituting parking, standing or stopping violations, or to
     9  adjudicate  the liability of owners for violations of subdivision (d) of
    10  section eleven hundred eleven of this chapter in accordance with section
    11  eleven hundred eleven-d of this chapter, or to adjudicate the  liability
    12  of  owners  for  violations of subdivision (d) of section eleven hundred
    13  eleven of  this  chapter  in  accordance  with  section  eleven  hundred
    14  eleven-e  of  this chapter, or to adjudicate the liability of owners for
    15  violations of toll collection regulations as defined in and  in  accord-
    16  ance  with  the  provisions of section two thousand nine hundred eighty-
    17  five of the public authorities law and sections sixteen-a, sixteen-b and
    18  sixteen-c of chapter seven hundred seventy-four of the laws of  nineteen
    19  hundred  fifty,  or  to adjudicate liability of owners for violations of
    20  subdivisions (c) and (d) of section eleven hundred eighty of this  chap-
    21  ter  in accordance with section eleven hundred eighty-b of this chapter,
    22  or to adjudicate the liability of owners for violations  of  subdivision
    23  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    24  ter  in accordance with section eleven hundred eighty-d of this chapter,
    25  such tribunal and the rules and regulations pertaining thereto shall  be
    26  constituted in substantial conformance with the following sections.
    27    §  1-e.  Section  235  of  the  vehicle and traffic law, as amended by
    28  section 1-e of chapter 222 of the laws of 2015, is amended  to  read  as
    29  follows:
    30    § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
    31  general, special or local law or administrative code to the contrary, in
    32  any  city  which  heretofore  or hereafter is authorized to establish an
    33  administrative tribunal to hear  and  determine  complaints  of  traffic
    34  infractions constituting parking, standing or stopping violations, or to
    35  adjudicate  the liability of owners for violations of subdivision (d) of
    36  section eleven hundred eleven of this chapter in accordance with section
    37  eleven hundred eleven-d of this chapter, or to adjudicate the  liability
    38  of  owners  for  violations of subdivision (d) of section eleven hundred
    39  eleven of  this  chapter  in  accordance  with  section  eleven  hundred
    40  eleven-e  of  this chapter, or to adjudicate the liability of owners for
    41  violations of toll collection regulations as defined in and  in  accord-
    42  ance  with  the  provisions of section two thousand nine hundred eighty-
    43  five of the public authorities law and sections sixteen-a, sixteen-b and
    44  sixteen-c of chapter seven hundred seventy-four of the laws of  nineteen
    45  hundred  fifty,  or to adjudicate the liability of owners for violations
    46  of subdivision (b), (c), (d), (f)  or  (g)  of  section  eleven  hundred
    47  eighty  of this chapter in accordance with section eleven hundred eight-
    48  y-d of this  chapter,  such  tribunal  and  the  rules  and  regulations
    49  pertaining  thereto shall be constituted in substantial conformance with
    50  the following sections.
    51    § 1-f. Section 235 of the vehicle  and  traffic  law,  as  amended  by
    52  section  1-f  of  chapter 222 of the laws of 2015, is amended to read as
    53  follows:
    54    § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
    55  general, special or local law or administrative code to the contrary, in
    56  any city which heretofore or hereafter is  authorized  to  establish  an

        S. 231                              5
     1  administrative  tribunal  to  hear  and  determine complaints of traffic
     2  infractions constituting parking, standing or stopping violations, or to
     3  adjudicate the liability of owners for violations of subdivision (d)  of
     4  section eleven hundred eleven of this chapter in accordance with section
     5  eleven  hundred eleven-e of this chapter, or to adjudicate the liability
     6  of owners for violations of toll collection regulations  as  defined  in
     7  and  in  accordance  with  the  provisions  of section two thousand nine
     8  hundred  eighty-five  of  the  public  authorities  law   and   sections
     9  sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
    10  of the laws of nineteen hundred fifty, or to adjudicate the liability of
    11  owners  for  violations  of  subdivision  (b),  (c),  (d), (f) or (g) of
    12  section eleven hundred eighty of this chapter in accordance with section
    13  eleven hundred eighty-d of this chapter, such tribunal and the rules and
    14  regulations pertaining  thereto  shall  be  constituted  in  substantial
    15  conformance with the following sections.
    16    §  1-g.  Section  235  of  the  vehicle and traffic law, as separately
    17  amended by chapter 715 of the laws of 1972 and chapter 379 of  the  laws
    18  of 1992, is amended to read as follows:
    19    § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
    20  general, special or local law or administrative code to the contrary, in
    21  any  city  which  heretofore  or hereafter is authorized to establish an
    22  administrative tribunal to hear  and  determine  complaints  of  traffic
    23  infractions constituting parking, standing or stopping violations, or to
    24  adjudicate  the  liability  of  owners for violations of toll collection
    25  regulations as defined in and  in  accordance  with  the  provisions  of
    26  section  two thousand nine hundred eighty-five of the public authorities
    27  law and sections sixteen-a, sixteen-b and  sixteen-c  of  chapter  seven
    28  hundred  seventy-four of the laws of nineteen hundred fifty, or to adju-
    29  dicate the liability of owners for violations of subdivision  (b),  (c),
    30  (d),  (f)  or  (g)  of  section eleven hundred eighty of this chapter in
    31  accordance with section eleven hundred eighty-d of  this  chapter,  such
    32  tribunal  and  the  rules  and  regulations  pertaining thereto shall be
    33  constituted in substantial conformance with the following sections.
    34    § 2. Subdivision 1 of section 236 of the vehicle and traffic  law,  as
    35  amended  by  section 2 of chapter 222 of the laws of 2015, is amended to
    36  read as follows:
    37    1. Creation. In any city as hereinbefore or hereafter authorized  such
    38  tribunal  when  created  shall be known as the parking violations bureau
    39  and shall have jurisdiction of traffic infractions  which  constitute  a
    40  parking violation and, where authorized by local law adopted pursuant to
    41  subdivision  (a)  of  section eleven hundred eleven-a of this chapter or
    42  subdivisions (a) of sections eleven hundred eleven-b of this chapter  as
    43  added by sections sixteen of chapters twenty, twenty-one, and twenty-two
    44  of  the  laws of two thousand nine, or subdivision (a) of section eleven
    45  hundred eleven-d of this chapter, or subdivision (a) of  section  eleven
    46  hundred  eleven-e  of  this  chapter,  shall adjudicate the liability of
    47  owners for violations of subdivision (d) of section eleven hundred elev-
    48  en of this chapter  in  accordance  with  such  section  eleven  hundred
    49  eleven-a,  sections eleven hundred eleven-b as added by sections sixteen
    50  of chapters twenty, twenty-one, and twenty-two of the laws of two  thou-
    51  sand  nine, or section eleven hundred eleven-d or section eleven hundred
    52  eleven-e and shall adjudicate the liability of owners for violations  of
    53  toll  collection  regulations  as  defined in and in accordance with the
    54  provisions of section two  thousand  nine  hundred  eighty-five  of  the
    55  public  authorities  law and sections sixteen-a, sixteen-b and sixteen-c
    56  of chapter seven hundred seventy-four of the laws  of  nineteen  hundred

        S. 231                              6
     1  fifty  and  shall  adjudicate  liability  of  owners  in accordance with
     2  section eleven hundred eleven-c of this chapter for  violations  of  bus
     3  lane  restrictions  as  defined in such section and shall adjudicate the
     4  liability  of owners for violations of subdivision (b), (c), (d), (f) or
     5  (g) of section eleven hundred eighty of this chapter in accordance  with
     6  section eleven hundred eighty-b of this chapter and shall adjudicate the
     7  liability  of owners for violations of subdivision (b), (c), (d), (f) or
     8  (g) of section eleven hundred eighty of this chapter in accordance  with
     9  section  eleven  hundred eighty-d of this chapter. Such tribunal, except
    10  in a city with a population of one million  or  more,  shall  also  have
    11  jurisdiction  of  abandoned vehicle violations. For the purposes of this
    12  article, a parking violation is the violation of any law, rule or  regu-
    13  lation  providing for or regulating the parking, stopping or standing of
    14  a vehicle. In addition for  purposes  of  this  article,  "commissioner"
    15  shall  mean  and  include  the commissioner of traffic of the city or an
    16  official possessing authority as such a commissioner.
    17    § 2-a. Subdivision 1 of section 236 of the vehicle and traffic law, as
    18  amended by section 2-a of chapter 222 of the laws of 2015, is amended to
    19  read as follows:
    20    1. Creation. In any city as hereinbefore or hereafter authorized  such
    21  tribunal  when  created  shall be known as the parking violations bureau
    22  and shall have jurisdiction of traffic infractions  which  constitute  a
    23  parking violation and, where authorized by local law adopted pursuant to
    24  subdivisions  (a) of sections eleven hundred eleven-b of this chapter as
    25  added by sections sixteen of chapters twenty, twenty-one, and twenty-two
    26  of the laws of two thousand nine, or subdivision (a) of  section  eleven
    27  hundred  eleven-d  of this chapter, or subdivision (a) of section eleven
    28  hundred eleven-e of this chapter,  shall  adjudicate  the  liability  of
    29  owners for violations of subdivision (d) of section eleven hundred elev-
    30  en  of  this  chapter  in  accordance  with such sections eleven hundred
    31  eleven-b as added by sections sixteen of  chapters  twenty,  twenty-one,
    32  and  twenty-two  of  the  laws  of  two  thousand nine or section eleven
    33  hundred eleven-d or section eleven hundred eleven-e; and  shall  adjudi-
    34  cate  liability  of  owners  in  accordance  with section eleven hundred
    35  eleven-c of this chapter for violations  of  bus  lane  restrictions  as
    36  defined  in  such  section  and shall adjudicate liability of owners for
    37  violations of subdivisions (c) and (d) of section eleven hundred  eighty
    38  of  this  chapter  in accordance with section eleven hundred eighty-b of
    39  this chapter and shall adjudicate the liability of owners for violations
    40  of subdivision (b), (c), (d), (f)  or  (g)  of  section  eleven  hundred
    41  eighty  of this chapter in accordance with section eleven hundred eight-
    42  y-d of this chapter.   For the  purposes  of  this  article,  a  parking
    43  violation  is the violation of any law, rule or regulation providing for
    44  or regulating the parking, stopping or standing of a vehicle.  In  addi-
    45  tion for purposes of this article, "commissioner" shall mean and include
    46  the  commissioner  of  traffic  of  the  city  or an official possessing
    47  authority as such a commissioner.
    48    § 2-b. Subdivision 1 of section 236 of the vehicle and traffic law, as
    49  amended by section 2-b of chapter 222 of the laws of 2015, is amended to
    50  read as follows:
    51    1. Creation. In any city as hereinbefore or hereafter authorized  such
    52  tribunal  when  created  shall be known as the parking violations bureau
    53  and shall have jurisdiction of traffic infractions  which  constitute  a
    54  parking violation and, where authorized by local law adopted pursuant to
    55  subdivision (a) of section eleven hundred eleven-d or subdivision (a) of
    56  section  eleven  hundred  eleven-e  of  this  chapter,  shall adjudicate

        S. 231                              7
     1  liability of owners in accordance with section eleven  hundred  eleven-c
     2  of  this  chapter  for violations of bus lane restrictions as defined in
     3  such  section;  and  shall  adjudicate  the  liability  of  owners   for
     4  violations  of  subdivision  (b), (c), (d), (f) or (g) of section eleven
     5  hundred eighty of this chapter in accordance with section eleven hundred
     6  eighty-b of this chapter; and shall adjudicate the liability  of  owners
     7  for violations of subdivision (b), (c), (d), (f) or (g) of section elev-
     8  en  hundred  eighty  of  this  chapter in accordance with section eleven
     9  hundred eighty-d of this chapter.  For the purposes of this  article,  a
    10  parking  violation  is  the  violation  of  any  law, rule or regulation
    11  providing for or regulating the parking, stopping or standing of a vehi-
    12  cle. In addition for purposes of this article, "commissioner" shall mean
    13  and include the commissioner of traffic  of  the  city  or  an  official
    14  possessing authority as such a commissioner.
    15    § 2-c. Subdivision 1 of section 236 of the vehicle and traffic law, as
    16  amended by section 2-c of chapter 222 of the laws of 2015, is amended to
    17  read as follows:
    18    1.  Creation. In any city as hereinbefore or hereafter authorized such
    19  tribunal when created shall be known as the  parking  violations  bureau
    20  and,  where  authorized by local law adopted pursuant to subdivision (a)
    21  of section eleven hundred eleven-d of this chapter or subdivision (a) of
    22  section eleven hundred eleven-e of this chapter, shall have jurisdiction
    23  of traffic infractions which constitute a parking  violation  and  shall
    24  adjudicate  the  liability  of owners for violations of subdivision (b),
    25  (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in
    26  accordance with section eleven hundred  eighty-b  of  this  chapter  and
    27  shall  adjudicate  the liability of owners for violations of subdivision
    28  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    29  ter in accordance with section eleven hundred eighty-d of this  chapter.
    30  For  the  purposes of this article, a parking violation is the violation
    31  of any law, rule or regulation providing for or regulating the  parking,
    32  stopping  or  standing  of  a  vehicle. In addition for purposes of this
    33  article, "commissioner" shall mean and include the commissioner of traf-
    34  fic of the city or an official possessing authority as  such  a  commis-
    35  sioner.
    36    § 2-d. Subdivision 1 of section 236 of the vehicle and traffic law, as
    37  amended by section 2-d of chapter 222 of the laws of 2015, is amended to
    38  read as follows:
    39    1.  Creation. In any city as hereinbefore or hereafter authorized such
    40  tribunal when created shall be known as the  parking  violations  bureau
    41  and,  where  authorized by local law adopted pursuant to subdivision (a)
    42  of section eleven hundred eleven-d of this chapter or subdivision (a) of
    43  section eleven hundred eleven-e of this chapter, shall have jurisdiction
    44  of traffic infractions which constitute a parking  violation  and  shall
    45  adjudicate  the  liability  of owners for violations of subdivision (b),
    46  (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in
    47  accordance with section eleven hundred eighty-d of this  chapter.    For
    48  the  purposes  of  this article, a parking violation is the violation of
    49  any law, rule or regulation providing for  or  regulating  the  parking,
    50  stopping  or  standing  of  a  vehicle. In addition for purposes of this
    51  article, "commissioner" shall mean and include the commissioner of traf-
    52  fic of the city or an official possessing authority as  such  a  commis-
    53  sioner.
    54    § 2-e. Subdivision 1 of section 236 of the vehicle and traffic law, as
    55  amended by section 2-e of chapter 222 of the laws of 2015, is amended to
    56  read as follows:

        S. 231                              8
     1    1.  Creation. In any city as hereinbefore or hereafter authorized such
     2  tribunal when created shall be known as the  parking  violations  bureau
     3  and where authorized by local law adopted pursuant to subdivision (a) of
     4  section eleven hundred eleven-e of this chapter, shall have jurisdiction
     5  of  traffic  infractions  which constitute a parking violation and shall
     6  adjudicate the liability of owners for violations  of  subdivision  (b),
     7  (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in
     8  accordance with section eleven hundred eighty-d of this chapter. For the
     9  purposes  of  this  article, a parking violation is the violation of any
    10  law, rule or regulation providing for or regulating the  parking,  stop-
    11  ping or standing of a vehicle. In addition for purposes of this article,
    12  "commissioner" shall mean and include the commissioner of traffic of the
    13  city or an official possessing authority as such a commissioner.
    14    § 2-f. Subdivision 1 of section 236 of the vehicle and traffic law, as
    15  added by chapter 715 of the laws of 1972, is amended to read as follows:
    16    1.  Creation. In any city as hereinbefore or hereafter authorized such
    17  tribunal when created shall be known as the  parking  violations  bureau
    18  and  shall  have  jurisdiction of traffic infractions which constitute a
    19  parking violation and shall  adjudicate  the  liability  of  owners  for
    20  violations  of  subdivision  (b), (c), (d), (f) or (g) of section eleven
    21  hundred eighty of this chapter in accordance with section eleven hundred
    22  eighty-d of this chapter.  For the purposes of this article,  a  parking
    23  violation  is the violation of any law, rule or regulation providing for
    24  or regulating the parking, stopping or standing of a vehicle.  In  addi-
    25  tion for purposes of this article, "commissioner" shall mean and include
    26  the  commissioner  of  traffic  of  the  city  or an official possessing
    27  authority as such a commissioner.
    28    § 3. Section 237 of the vehicle and traffic law is amended by adding a
    29  new subdivision 16 to read as follows:
    30    16. To adjudicate the liability of owners for violations  of  subdivi-
    31  sion  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this
    32  chapter in accordance with section eleven hundred eighty-d of this chap-
    33  ter.
    34    § 4. Paragraph f of subdivision 1 of section 239 of  the  vehicle  and
    35  traffic law, as amended by section 4 of chapter 222 of the laws of 2015,
    36  is amended to read as follows:
    37    f.  "Notice  of  violation"  means a notice of violation as defined in
    38  subdivision nine of section two hundred thirty-seven  of  this  article,
    39  but shall not be deemed to include a notice of liability issued pursuant
    40  to  authorization  set  forth in section eleven hundred eleven-a of this
    41  chapter, or sections eleven hundred eleven-b of this chapter as added by
    42  sections sixteen of chapters twenty, twenty-one, and twenty-two  of  the
    43  laws  of  two  thousand nine, or section eleven hundred eleven-d of this
    44  chapter, or section eleven hundred eleven-e of this chapter,  and  shall
    45  not  be  deemed  to  include  a  notice  of liability issued pursuant to
    46  section two thousand nine hundred eighty-five of the public  authorities
    47  law  and  sections  sixteen-a,  sixteen-b and sixteen-c of chapter seven
    48  hundred seventy-four of the laws of nineteen hundred fifty and shall not
    49  be deemed to include a notice of liability issued  pursuant  to  section
    50  eleven  hundred  eleven-c  of  this  chapter  and shall not be deemed to
    51  include a notice of liability issued pursuant to section eleven  hundred
    52  eighty-b  of this chapter and shall not be deemed to include a notice of
    53  liability issued pursuant to section eleven  hundred  eighty-d  of  this
    54  chapter.

        S. 231                              9
     1    §  4-a. Paragraph f of subdivision 1 of section 239 of the vehicle and
     2  traffic law, as amended by section 4-a of chapter 222  of  the  laws  of
     3  2015, is amended to read as follows:
     4    f.  "Notice  of  violation"  means a notice of violation as defined in
     5  subdivision nine of section two hundred thirty-seven of this article but
     6  shall not be deemed to include a notice of liability issued pursuant  to
     7  authorization  set  forth  in  sections  eleven hundred eleven-b of this
     8  chapter as added by sections sixteen of chapters twenty, twenty-one, and
     9  twenty-two of the laws of two thousand nine or  section  eleven  hundred
    10  eleven-d  of  this  chapter  or  section eleven hundred eleven-e of this
    11  chapter and shall not be deemed to include a notice of liability  issued
    12  pursuant  to  section  eleven hundred eleven-c of this chapter and shall
    13  not be deemed to include  a  notice  of  liability  issued  pursuant  to
    14  section  eleven hundred eighty-b of this chapter and shall not be deemed
    15  to include a notice of  liability  issued  pursuant  to  section  eleven
    16  hundred eighty-d of this chapter.
    17    §  4-b. Paragraph f of subdivision 1 of section 239 of the vehicle and
    18  traffic law, as amended by section 4-b of chapter 222  of  the  laws  of
    19  2015, is amended to read as follows:
    20    f.  "Notice  of  violation"  means a notice of violation as defined in
    21  subdivision nine of section two hundred thirty-seven of this article and
    22  shall not be deemed to include a notice of liability issued pursuant  to
    23  authorization set forth in section eleven hundred eleven-d of this chap-
    24  ter  or  to  a  notice of liability issued pursuant to authorization set
    25  forth in section eleven hundred eleven-e of this chapter and  shall  not
    26  be  deemed  to  include a notice of liability issued pursuant to section
    27  eleven hundred eleven-c of this chapter  and  shall  not  be  deemed  to
    28  include  a notice of liability issued pursuant to section eleven hundred
    29  eighty-b of this chapter and shall not be deemed to include a notice  of
    30  liability  issued  pursuant  to  section eleven hundred eighty-d of this
    31  chapter.
    32    § 4-c. Paragraph f of subdivision 1 of section 239 of the vehicle  and
    33  traffic  law,  as  amended  by section 4-c of chapter 222 of the laws of
    34  2015, is amended to read as follows:
    35    f. "Notice of violation" means a notice of  violation  as  defined  in
    36  subdivision nine of section two hundred thirty-seven of this article and
    37  shall  not be deemed to include a notice of liability issued pursuant to
    38  authorization set forth in section eleven hundred eleven-d of this chap-
    39  ter or to a notice of liability issued  pursuant  to  authorization  set
    40  forth  in  section eleven hundred eleven-e of this chapter and shall not
    41  be deemed to include a notice of liability issued  pursuant  to  section
    42  eleven  hundred  eighty-b  of  this  chapter  and shall not be deemed to
    43  include a notice of liability issued pursuant to section eleven  hundred
    44  eighty-d of this chapter.
    45    §  4-d. Paragraph f of subdivision 1 of section 239 of the vehicle and
    46  traffic law, as amended by section 4-d of chapter 222  of  the  laws  of
    47  2015, is amended to read as follows:
    48    f.  "Notice  of  violation"  means a notice of violation as defined in
    49  subdivision nine of section two hundred thirty-seven of this article and
    50  shall not be deemed to include a notice of liability issued pursuant  to
    51  authorization set forth in section eleven hundred eleven-d of this chap-
    52  ter  or  to  a  notice of liability issued pursuant to authorization set
    53  forth in section eleven hundred eleven-e of this chapter and  shall  not
    54  be  deemed  to  include a notice of liability issued pursuant to section
    55  eleven hundred eighty-d of this chapter.

        S. 231                             10
     1    § 4-e. Paragraph f of subdivision 1 of section 239 of the vehicle  and
     2  traffic  law,  as  amended  by section 4-e of chapter 222 of the laws of
     3  2015, is amended to read as follows:
     4    f.  "Notice  of  violation"  means a notice of violation as defined in
     5  subdivision nine of section two hundred thirty-seven of this article and
     6  shall not be deemed to include a notice of liability issued pursuant  to
     7  authorization set forth in section eleven hundred eleven-e of this chap-
     8  ter  and  shall  not  be  deemed to include a notice of liability issued
     9  pursuant to section eleven hundred eighty-d of this chapter.
    10    § 4-f. Paragraph f of subdivision 1 of section 239 of the vehicle  and
    11  traffic  law, as added by chapter 180 of the laws of 1980, is amended to
    12  read as follows:
    13    f. "Notice of violation" means a notice of  violation  as  defined  in
    14  subdivision nine of section two hundred thirty-seven of this article and
    15  shall  not be deemed to include a notice of liability issued pursuant to
    16  section eleven hundred eighty-d of this chapter.
    17    § 5. Subdivisions 1 and 1-a of section 240 of the vehicle and  traffic
    18  law,  as  amended  by  section 5 of chapter 222 of the laws of 2015, are
    19  amended to read as follows:
    20    1. Notice of  hearing.  Whenever  a  person  charged  with  a  parking
    21  violation  enters  a plea of not guilty or a person alleged to be liable
    22  in accordance with section eleven hundred eleven-a of  this  chapter  or
    23  sections  eleven  hundred  eleven-b of this chapter as added by sections
    24  sixteen of chapters twenty, twenty-one, and twenty-two of  the  laws  of
    25  two thousand nine or section eleven hundred eleven-d of this chapter, or
    26  section  eleven  hundred  eleven-e  of  this chapter, for a violation of
    27  subdivision (d)  of  section  eleven  hundred  eleven  of  this  chapter
    28  contests such allegation, or a person alleged to be liable in accordance
    29  with  the provisions of section two thousand nine hundred eighty-five of
    30  the  public  authorities  law  or  sections  sixteen-a,  sixteen-b   and
    31  sixteen-c  of chapter seven hundred seventy-four of the laws of nineteen
    32  hundred fifty, or a person alleged to be liable in accordance  with  the
    33  provisions  of  section  eleven  hundred  eleven-c of this chapter for a
    34  violation of a bus lane restriction as defined in such section  contests
    35  such allegation, or a person alleged to be liable in accordance with the
    36  provisions  of  section  eleven  hundred  eighty-b of this chapter for a
    37  violation of subdivision (b), (c), (d), (f) or  (g)  of  section  eleven
    38  hundred  eighty  of  this  chapter contests such allegation, or a person
    39  alleged to be liable in accordance with the provisions of section eleven
    40  hundred eighty-d of this chapter for a  violation  of  subdivision  (b),
    41  (c),  (d),  (f)  or (g) of section eleven hundred eighty 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  section eleven hundred eleven-a of this chapter or
    53  sections eleven hundred eleven-b of this chapter as  added  by  sections
    54  sixteen  of  chapters  twenty, twenty-one, and twenty-two of the laws of
    55  two thousand nine or section eleven hundred eleven-d of this chapter  or
    56  section  eleven  hundred  eleven-e  of  this chapter or an allegation of

        S. 231                             11
     1  liability in accordance with section two thousand nine  hundred  eighty-
     2  five  of the public authorities law or sections sixteen-a, sixteen-b and
     3  sixteen-c of chapter seven hundred seventy-four of the laws of  nineteen
     4  hundred  fifty  or an allegation of liability in accordance with section
     5  eleven hundred eleven-c of this chapter or an allegation of liability in
     6  accordance with section eleven hundred eighty-b of this  chapter  or  an
     7  allegation of liability in accordance with section eleven hundred eight-
     8  y-d of this chapter, is being contested, by a person in a timely fashion
     9  and  a  hearing  upon the merits has been demanded, but has not yet been
    10  held, the bureau shall not issue any notice of fine or penalty  to  that
    11  person prior to the date of the hearing.
    12    §  5-a. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
    13  fic law, as amended by section 5-a of chapter 222 of the laws  of  2015,
    14  are amended to read as follows:
    15    1.  Notice  of  hearing.  Whenever  a  person  charged  with a parking
    16  violation enters a plea of not guilty or a person alleged to  be  liable
    17  in  accordance  with sections eleven hundred eleven-b of this chapter as
    18  added by sections sixteen of chapters twenty, twenty-one, and twenty-two
    19  of the laws of two thousand nine or section eleven hundred  eleven-d  of
    20  this  chapter  or  section eleven hundred eleven-e of this chapter for a
    21  violation of subdivision (d) of section eleven hundred  eleven  of  this
    22  chapter,  or  a  person  alleged  to  be  liable  in accordance with the
    23  provisions of section eleven hundred eleven-c  of  this  chapter  for  a
    24  violation  of a bus lane restriction as defined in such section contests
    25  such allegation, or a person alleged to be liable in accordance with the
    26  provisions of section  eleven  hundred  eighty-b  of  this  chapter  for
    27  violations  of  subdivision  (b), (c), (d), (f) or (g) of section eleven
    28  hundred eighty of this chapter contests such  allegation,  or  a  person
    29  alleged to be liable in accordance with the provisions of section eleven
    30  hundred  eighty-d  of  this  chapter for a violation of subdivision (b),
    31  (c), (d), (f) or (g) of section eleven hundred eighty  of  this  chapter
    32  contests such allegation, the bureau shall advise such person personally
    33  by  such form of first class mail as the director may direct of the date
    34  on which he or she must appear to answer the charge at  a  hearing.  The
    35  form  and  content  of such notice of hearing shall be prescribed by the
    36  director, and shall contain a warning to advise the person  so  pleading
    37  or  contesting  that failure to appear on the date designated, or on any
    38  subsequent adjourned date, shall be deemed an  admission  of  liability,
    39  and that a default judgment may be entered thereon.
    40    1-a.  Fines  and  penalties.  Whenever  a  plea of not guilty has been
    41  entered, or the bureau has been notified that an allegation of liability
    42  in accordance with sections eleven hundred eleven-b of this chapter,  as
    43  added by sections sixteen of chapters twenty, twenty-one, and twenty-two
    44  of  the  laws  of two thousand nine or in accordance with section eleven
    45  hundred eleven-d of this chapter, or in accordance with  section  eleven
    46  hundred  eleven-e  of  this  chapter  or  an  allegation of liability in
    47  accordance with section eleven hundred eleven-c of this  chapter  or  an
    48  allegation of liability in accordance with section eleven hundred eight-
    49  y-b  of  this  chapter  or an allegation of liability in accordance with
    50  section eleven hundred eighty-d of this chapter is being contested, by a
    51  person in a timely fashion and  a  hearing  upon  the  merits  has  been
    52  demanded,  but  has  not  yet  been held, the bureau shall not issue any
    53  notice of fine or penalty to that person prior to the date of the  hear-
    54  ing.

        S. 231                             12
     1    §  5-b. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
     2  fic law, as amended by section 5-b of chapter 222 of the laws  of  2015,
     3  are amended to read as follows:
     4    1.  Notice  of  hearing.  Whenever  a  person  charged  with a parking
     5  violation enters a plea of not guilty or a person alleged to  be  liable
     6  in accordance with section eleven hundred eleven-d of this chapter or in
     7  accordance  with  section  eleven hundred eleven-e of this chapter or in
     8  accordance with the provisions of section  eleven  hundred  eleven-c  of
     9  this  chapter  for  a  violation of a bus lane restriction as defined in
    10  such section, contests such allegation, or a person alleged to be liable
    11  in accordance with the provisions of section eleven hundred eighty-b  of
    12  this  chapter for violations of subdivision (b), (c), (d), (f) or (g) of
    13  section eleven hundred eighty of this chapter contests such  allegation,
    14  or  a  person  alleged to be liable in accordance with the provisions of
    15  section eleven hundred eighty-d of  this  chapter  for  a  violation  of
    16  subdivision  (b),  (c), (d), (f) or (g) of section eleven hundred eighty
    17  of this chapter contests such allegation, the bureau shall  advise  such
    18  person  personally  by such form of first class mail as the director may
    19  direct of the date on which he or she must appear to answer  the  charge
    20  at  a  hearing.  The form and content of such notice of hearing shall be
    21  prescribed by the director, and shall contain a warning  to  advise  the
    22  person  so pleading that failure to appear on the date designated, or on
    23  any subsequent adjourned date, shall be deemed an admission  of  liabil-
    24  ity, and that a default judgment may be entered thereon.
    25    1-a.  Fines  and  penalties.  Whenever  a  plea of not guilty has been
    26  entered, or the bureau has been notified that an allegation of liability
    27  in accordance with section eleven hundred eleven-d of this chapter or in
    28  accordance with section eleven hundred eleven-e of this  chapter  or  in
    29  accordance  with  section  eleven hundred eleven-c of this chapter or an
    30  allegation of liability in accordance with section eleven hundred eight-
    31  y-b of this chapter or an allegation of  liability  in  accordance  with
    32  section eleven hundred eighty-d of this chapter is being contested, by a
    33  person  in  a  timely  fashion  and  a  hearing upon the merits has been
    34  demanded, but has not yet been held, the  bureau  shall  not  issue  any
    35  notice  of fine or penalty to that person prior to the date of the hear-
    36  ing.
    37    § 5-c. Subdivisions 1 and 1-a of section 240 of the vehicle and  traf-
    38  fic  law,  as amended by section 5-c of chapter 222 of the laws of 2015,
    39  are amended to read as follows:
    40    1. Notice of  hearing.  Whenever  a  person  charged  with  a  parking
    41  violation  enters a plea of not guilty, or a person alleged to be liable
    42  in accordance with section eleven hundred eleven-d of this chapter, or a
    43  person alleged to be liable in accordance with  section  eleven  hundred
    44  eleven-e of this chapter, or a person alleged to be liable in accordance
    45  with  the  provisions of section eleven hundred eighty-b of this chapter
    46  for violations of subdivision (b), (c), (d), (f) or (g) of section elev-
    47  en hundred eighty of this chapter contests such allegation, or a  person
    48  alleged to be liable in accordance with the provisions of section eleven
    49  hundred  eighty-d  of  this  chapter for a violation of subdivision (b),
    50  (c), (d), (f) or (g) of section eleven hundred eighty  of  this  chapter
    51  contests such allegation, the bureau shall advise such person personally
    52  by  such form of first class mail as the director may direct of the date
    53  on which he or she must appear to answer the charge at  a  hearing.  The
    54  form  and  content  of such notice of hearing shall be prescribed by the
    55  director, and shall contain a warning to advise the person  so  pleading
    56  that  failure  to  appear  on  the date designated, or on any subsequent

        S. 231                             13
     1  adjourned date, shall be deemed an admission of liability,  and  that  a
     2  default judgment may be entered thereon.
     3    1-a.  Fines  and  penalties.  Whenever  a  plea of not guilty has been
     4  entered, or the bureau has been notified that an allegation of liability
     5  in accordance with section eleven hundred eleven-d of this  chapter,  or
     6  the  bureau has been notified that an allegation of liability in accord-
     7  ance with section eleven hundred eleven-e of this chapter, or the bureau
     8  has been notified that an allegation of  liability  in  accordance  with
     9  section  eleven  hundred  eighty-b  of this chapter, or an allegation of
    10  liability in accordance with section eleven  hundred  eighty-d  of  this
    11  chapter, is being contested, by a person in a timely fashion and a hear-
    12  ing  upon  the  merits has been demanded, but has not yet been held, the
    13  bureau shall not issue any notice of fine  or  penalty  to  that  person
    14  prior to the date of the hearing.
    15    §  5-d. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
    16  fic law, as amended by section 5-d of chapter 222 of the laws  of  2015,
    17  are 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-d of this chapter
    21  contests such allegation, or a person alleged to be liable in accordance
    22  with section eleven hundred eleven-e of this chapter contests such alle-
    23  gation, or a  person  alleged  to  be  liable  in  accordance  with  the
    24  provisions  of  section  eleven  hundred  eighty-d of this chapter for a
    25  violation of subdivision (b), (c), (d), (f) or  (g)  of  section  eleven
    26  hundred  eighty  of  this  chapter  contests such allegation, the bureau
    27  shall advise such person personally by such form of first class mail  as
    28  the  director  may  direct of the date on which he or she must appear to
    29  answer the charge at a hearing. The form and content of such  notice  of
    30  hearing shall be prescribed by the director, and shall contain a warning
    31  to  advise  the  person  so  pleading that failure to appear on the date
    32  designated, or on any subsequent adjourned  date,  shall  be  deemed  an
    33  admission of liability, and that a default judgment may be entered ther-
    34  eon.
    35    1-a.  Fines  and  penalties.  Whenever  a  plea of not guilty has been
    36  entered, or the bureau has been notified that an allegation of liability
    37  in accordance with section eleven hundred eleven-d of this  chapter,  is
    38  being  contested,  or the bureau has been notified that an allegation of
    39  liability in accordance with section eleven  hundred  eleven-e  of  this
    40  chapter, or an allegation of liability in accordance with section eleven
    41  hundred  eighty-d  of this chapter, is being contested, by a person in a
    42  timely fashion and a hearing upon the merits has been demanded, but  has
    43  not  yet  been  held,  the  bureau shall not issue any notice of fine or
    44  penalty to that person prior to the date of the hearing.
    45    § 5-e. Subdivisions 1 and 1-a of section 240 of the vehicle and  traf-
    46  fic  law,  as amended by section 5-e of chapter 222 of the laws of 2015,
    47  are 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-e  of  this  chapter
    51  contests such allegation, or a person alleged to be liable in accordance
    52  with  the  provisions of section eleven hundred eighty-d of this chapter
    53  for a violation of subdivision (b), (c), (d),  (f)  or  (g)  of  section
    54  eleven  hundred  eighty  of  this  chapter contests such allegation, the
    55  bureau shall advise such person personally by such form of  first  class
    56  mail  as  the  director  may  direct of the date on which he or she must

        S. 231                             14
     1  appear to answer the charge at a hearing. The form and content  of  such
     2  notice of hearing shall be prescribed by the director, and shall contain
     3  a warning to advise the person so pleading that failure to appear on the
     4  date designated, or on any subsequent adjourned date, shall be deemed an
     5  admission of liability, and that a default judgment may be entered ther-
     6  eon.
     7    1-a.  Fines  and  penalties.  Whenever  a  plea of not guilty has been
     8  entered, or the bureau has been notified that an allegation of liability
     9  in accordance with section eleven hundred eleven-e of this  chapter,  or
    10  an  allegation  of  liability  in accordance with section eleven hundred
    11  eighty-d of this chapter, is being contested, by a person  in  a  timely
    12  fashion and a hearing upon the merits has been demanded, but has not yet
    13  been  held,  the bureau shall not issue any notice of fine or penalty to
    14  that person prior to the date of the hearing.
    15    § 5-f. Subdivisions 1 and 1-a of section 240 of the vehicle and  traf-
    16  fic  law, subdivision 1 as added by chapter 715 of the laws of 1972, and
    17  subdivision 1-a as added by chapter 365 of the laws of 1978, are amended
    18  to read as follows:
    19    1. Notice of  hearing.  Whenever  a  person  charged  with  a  parking
    20  violation  enters a plea of not guilty, or a person alleged to be liable
    21  in accordance with the provisions of section eleven hundred eighty-d  of
    22  this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of
    23  section  eleven hundred eighty of this chapter contests such allegation,
    24  the bureau shall advise such person personally by  such  form  of  first
    25  class  mail  as  the  director  may  direct of the date on which he must
    26  appear to answer the charge at a hearing. The form and content  of  such
    27  notice of hearing shall be prescribed by the director, and shall contain
    28  a warning to advise the person so pleading that failure to appear on the
    29  date designated, or on any subsequent adjourned date, shall be deemed an
    30  admission of liability, and that a default judgment may be entered ther-
    31  eon.
    32    1-a.  Fines  and  penalties.  Whenever  a  plea of not guilty has been
    33  entered, or the bureau has been notified that an allegation of liability
    34  in accordance with section eleven hundred eighty-d of  this  chapter  is
    35  being  contested, by a person in a timely fashion and a hearing upon the
    36  merits has been demanded, but has not yet been held,  the  bureau  shall
    37  not issue any notice of fine or penalty to that person prior to the date
    38  of the hearing.
    39    § 6. Paragraphs a and g of subdivision 2 of section 240 of the vehicle
    40  and  traffic  law, as amended by section 6 of chapter 222 of the laws of
    41  2015, are amended to read as follows:
    42    a. Every hearing for the adjudication of a charge of parking violation
    43  or an allegation of liability in accordance with section eleven  hundred
    44  eleven-a  of  this chapter or in accordance with sections eleven hundred
    45  eleven-b of this chapter as added by sections sixteen of chapters  twen-
    46  ty,  twenty-one,  and  twenty-two of the laws of two thousand nine or in
    47  accordance with section eleven hundred eleven-d of this  chapter  or  in
    48  accordance  with  section  eleven hundred eleven-e of this chapter or an
    49  allegation of liability in accordance with  section  two  thousand  nine
    50  hundred 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 or an allegation of liability in  accord-
    53  ance  with section eleven hundred eleven-c of this chapter or an allega-
    54  tion of liability in accordance with section eleven hundred eighty-b  of
    55  this  chapter,  or an allegation of liability in accordance with section
    56  eleven hundred eighty-d of this chapter, shall be held before a  hearing

        S. 231                             15
     1  examiner  in  accordance  with  rules and regulations promulgated by the
     2  bureau.
     3    g. A record shall be made of a hearing on a plea of not guilty or of a
     4  hearing  at  which  liability  in accordance with section eleven hundred
     5  eleven-a of this chapter or in accordance with sections  eleven  hundred
     6  eleven-b  of this chapter as added by sections sixteen of chapters twen-
     7  ty, twenty-one, and twenty-two of the laws of two thousand  nine  or  in
     8  accordance  with  section  eleven  hundred  eleven-d  of this chapter is
     9  contested or in accordance with section eleven hundred eleven-e of  this
    10  chapter  is  contested  or of a hearing at which liability in accordance
    11  with section two thousand nine hundred eighty-five of the public author-
    12  ities law or sections sixteen-a,  sixteen-b  and  sixteen-c  of  chapter
    13  seven  hundred  seventy-four  of  the  laws of nineteen hundred fifty is
    14  contested or of a hearing at which liability in accordance with  section
    15  eleven hundred eleven-c of this chapter or of a hearing at which liabil-
    16  ity  in  accordance with section eleven hundred eighty-b of this chapter
    17  or of a hearing at which liability in  accordance  with  section  eleven
    18  hundred  eighty-d of this chapter is contested. Recording devices may be
    19  used for the making of the record.
    20    § 6-a. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
    21  cle and traffic law, as amended by section 6-a of  chapter  222  of  the
    22  laws of 2015, are amended to read as follows:
    23    a. Every hearing for the adjudication of a charge of parking violation
    24  or an allegation of liability in accordance with sections eleven hundred
    25  eleven-b of this chapter, as added by sections sixteen of chapters twen-
    26  ty,  twenty-one,  and  twenty-two of the laws of two thousand nine or in
    27  accordance with section eleven hundred eleven-d of this  chapter  or  in
    28  accordance  with  section  eleven hundred eleven-e of this chapter or an
    29  allegation of  liability  in  accordance  with  section  eleven  hundred
    30  eleven-c  of  this  chapter  or an allegation of liability in accordance
    31  with section eleven hundred eighty-b of this chapter or an allegation of
    32  liability in accordance with section eleven  hundred  eighty-d  of  this
    33  chapter,  shall  be  held  before  a hearing examiner in accordance with
    34  rules and regulations promulgated by the bureau.
    35    g. A record shall be made of a hearing on a plea of not guilty or of a
    36  hearing at which liability in accordance with  sections  eleven  hundred
    37  eleven-b of this chapter, as added by sections sixteen of chapters twen-
    38  ty,  twenty-one,  and  twenty-two of the laws of two thousand nine or in
    39  accordance with section eleven hundred eleven-d of this  chapter  or  in
    40  accordance  with section eleven hundred eleven-e of this chapter or of a
    41  hearing at which liability in accordance  with  section  eleven  hundred
    42  eleven-c  of  this chapter or of a hearing at which liability in accord-
    43  ance with section eleven hundred eighty-b of this chapter or of a  hear-
    44  ing  at which liability in accordance with section eleven hundred eight-
    45  y-d of this chapter is contested. Recording devices may be used for  the
    46  making of the record.
    47    § 6-b. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
    48  cle  and  traffic  law,  as amended by section 6-b of chapter 222 of the
    49  laws of 2015, are amended to read as follows:
    50    a. Every hearing for the adjudication of a charge of parking violation
    51  or an allegation of liability in accordance with section eleven  hundred
    52  eleven-e  of  this  chapter  or an allegation of liability in accordance
    53  with section eleven hundred eleven-d of this chapter or an allegation of
    54  liability in accordance with section eleven  hundred  eleven-c  of  this
    55  chapter  or an allegation of liability in accordance with section eleven
    56  hundred eighty-b of this  chapter  or  an  allegation  of  liability  in

        S. 231                             16
     1  accordance with section eleven hundred eighty-d of this chapter shall be
     2  held  before a hearing examiner in accordance with rules and regulations
     3  promulgated by the bureau.
     4    g. A record shall be made of a hearing on a plea of not guilty or of a
     5  hearing  at  which  liability  in accordance with section eleven hundred
     6  eleven-e of this chapter or of a hearing at which liability  in  accord-
     7  ance  with section eleven hundred eleven-d of this chapter or of a hear-
     8  ing at  which  liability  in  accordance  with  section  eleven  hundred
     9  eleven-c  of  this chapter or of a hearing at which liability in accord-
    10  ance with section eleven hundred eighty-b of this chapter or of a  hear-
    11  ing  at which liability in accordance with section eleven hundred eight-
    12  y-d of this chapter is contested.  Recording devices may be used for the
    13  making of the record.
    14    § 6-c. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
    15  cle and traffic law, as amended by section 6-c of  chapter  222  of  the
    16  laws of 2015, are amended to read as follows:
    17    a. Every hearing for the adjudication of a charge of parking violation
    18  or  an allegation of liability in accordance with section eleven hundred
    19  eleven-e of this chapter or an allegation  of  liability  in  accordance
    20  with section eleven hundred eleven-d of this chapter or an allegation of
    21  liability  in  accordance  with  section eleven hundred eighty-b of this
    22  chapter or an allegation of liability in accordance with section  eleven
    23  hundred eighty-d of this chapter shall be held before a hearing examiner
    24  in accordance with rules and regulations promulgated by the bureau.
    25    g. A record shall be made of a hearing on a plea of not guilty or of a
    26  hearing  at  which  liability  in accordance with section eleven hundred
    27  eleven-e of this chapter or of a hearing at which liability  in  accord-
    28  ance  with section eleven hundred eleven-d of this chapter or of a hear-
    29  ing at which liability in accordance with section eleven hundred  eight-
    30  y-b  of  this  chapter  or of a hearing at which liability in accordance
    31  with section eleven hundred  eighty-d  of  this  chapter  is  contested.
    32  Recording devices may be used for the making of the record.
    33    § 6-d. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
    34  cle  and  traffic  law,  as amended by section 6-d of chapter 222 of the
    35  laws of 2015, are amended to read as follows:
    36    a. Every hearing for the adjudication of a charge of parking violation
    37  or an allegation of liability in accordance with section eleven  hundred
    38  eleven-e  of  this  chapter  or an allegation of liability in accordance
    39  with section eleven hundred eleven-d of this chapter or an allegation of
    40  liability in accordance with section eleven  hundred  eighty-d  of  this
    41  chapter shall be held before a hearing examiner in accordance with rules
    42  and regulations promulgated by the bureau.
    43    g.  A  record  shall be made of a hearing on a plea of not guilty or a
    44  hearing at which liability in accordance  with  section  eleven  hundred
    45  eleven-d of this chapter is contested or a hearing at which liability in
    46  accordance  with  section  eleven  hundred eleven-e of this chapter or a
    47  hearing at which liability in accordance  with  section  eleven  hundred
    48  eighty-d of this chapter is contested. Recording devices may be used for
    49  the making of the record.
    50    § 6-e. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
    51  cle  and  traffic  law,  as amended by section 6-e of chapter 222 of the
    52  laws of 2015, are amended to read as follows:
    53    a. Every hearing for the adjudication of a charge of parking violation
    54  or an allegation of liability in accordance with section eleven  hundred
    55  eleven-e  of  this  chapter  or an allegation of liability in accordance
    56  with section eleven hundred eighty-d  of  this  chapter  shall  be  held

        S. 231                             17
     1  before  a  hearing  examiner  in  accordance  with rules and regulations
     2  promulgated by the bureau.
     3    g.  A  record  shall be made of a hearing on a plea of not guilty or a
     4  hearing at which liability in accordance  with  section  eleven  hundred
     5  eleven-e  of  this chapter or a hearing at which liability in accordance
     6  with section eleven hundred  eighty-d  of  this  chapter  is  contested.
     7  Recording devices may be used for the making of the record.
     8    § 6-f. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
     9  cle  and  traffic  law, as added by chapter 715 of the laws of 1972, are
    10  amended to read as follows:
    11    a. Every hearing for the adjudication of a charge of parking violation
    12  or an allegation of liability in accordance with section eleven  hundred
    13  eighty-d  of  this  chapter  shall  be held before a hearing examiner in
    14  accordance with rules and regulations promulgated by the bureau.
    15    g. A record shall be made of a hearing on a plea of not  guilty  or  a
    16  hearing  at  which  liability  in accordance with section eleven hundred
    17  eighty-d of this chapter.  Recording devices may be used for the  making
    18  of the record.
    19    §  7.  Subdivisions  1 and 2 of section 241 of the vehicle and traffic
    20  law, as amended by section 7 of chapter 222 of the  laws  of  2015,  are
    21  amended to 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  or  the  record  of  liabilities
    26  incurred  in  accordance  with  section  eleven hundred eleven-a of this
    27  chapter or in accordance with sections eleven hundred eleven-b  of  this
    28  chapter as added by sections sixteen of chapters twenty, twenty-one, and
    29  twenty-two  of  the  laws  of  two  thousand  nine or in accordance with
    30  section eleven hundred eleven-d of this chapter or  in  accordance  with
    31  section eleven hundred eleven-e of this chapter or the record of liabil-
    32  ities  incurred  in  accordance  with  section two thousand nine hundred
    33  eighty-five  of  the  public  authorities  law  or  sections  sixteen-a,
    34  sixteen-b  and  sixteen-c  of  chapter seven hundred seventy-four of the
    35  laws of nineteen hundred fifty of the person charged, or the  record  of
    36  liabilities  incurred in accordance with section eleven hundred eleven-c
    37  of this chapter, or the record of  liabilities  incurred  in  accordance
    38  with  section  eleven hundred eighty-b of this chapter, or in the record
    39  of liabilities incurred in accordance with section eleven hundred eight-
    40  y-d of this chapter of  the  person  charged,  as  applicable  prior  to
    41  rendering  a  final  determination.  Final  determinations sustaining or
    42  dismissing charges shall be entered on a final determination roll  main-
    43  tained  by  the bureau together with records showing payment and nonpay-
    44  ment of penalties.
    45    2. Where an operator or owner fails to enter a plea to a charge  of  a
    46  parking  violation  or  contest an allegation of liability in accordance
    47  with section eleven hundred eleven-a of this chapter  or  in  accordance
    48  with  sections  eleven  hundred  eleven-b  of  this  chapter as added by
    49  sections sixteen of chapters twenty, twenty-one, and twenty-two  of  the
    50  laws  of  two thousand nine or in accordance with section eleven hundred
    51  eleven-d of this chapter or in accordance with  section  eleven  hundred
    52  eleven-e  of this chapter or fails to contest an allegation of liability
    53  in accordance with section two thousand nine hundred eighty-five of  the
    54  public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
    55  chapter  seven  hundred  seventy-four  of  the  laws of nineteen hundred
    56  fifty, or fails to contest an allegation of liability in accordance with

        S. 231                             18
     1  section eleven hundred eleven-c of this chapter or fails to  contest  an
     2  allegation of liability in accordance with section eleven hundred eight-
     3  y-b  of  this  chapter or fails to contest an allegation of liability in
     4  accordance with section eleven hundred eighty-d of this chapter or fails
     5  to  appear  on a designated hearing date or subsequent adjourned date or
     6  fails after a hearing to comply with  the  determination  of  a  hearing
     7  examiner,  as prescribed by this article or by rule or regulation of the
     8  bureau, such failure to plead or contest,  appear  or  comply  shall  be
     9  deemed, for all purposes, an admission of liability and shall be grounds
    10  for  rendering  and entering a default judgment in an amount provided by
    11  the rules and regulations of the bureau. However, after  the  expiration
    12  of the original date prescribed for entering a plea and before a default
    13  judgment  may be rendered, in such case the bureau shall pursuant to the
    14  applicable provisions of law notify such operator or owner, by such form
    15  of first class mail as the commission may direct; (1) of  the  violation
    16  charged, or liability in accordance with section eleven hundred eleven-a
    17  of  this  chapter or in accordance with sections eleven hundred eleven-b
    18  of this chapter as added by sections sixteen of chapters  twenty,  twen-
    19  ty-one, and twenty-two of the laws of two thousand nine or in accordance
    20  with  section  eleven  hundred eleven-d of this chapter or in accordance
    21  with section eleven hundred eleven-e of this chapter alleged or  liabil-
    22  ity  in accordance with section two thousand nine hundred eighty-five of
    23  the  public  authorities  law  or  sections  sixteen-a,  sixteen-b   and
    24  sixteen-c  of chapter seven hundred seventy-four of the laws of nineteen
    25  hundred fifty alleged or liability in  accordance  with  section  eleven
    26  hundred eleven-c of this chapter or liability in accordance with section
    27  eleven hundred eighty-b of this chapter alleged, or liability in accord-
    28  ance  with  section eleven hundred eighty-d of this chapter alleged, (2)
    29  of the impending default  judgment,  (3)  that  such  judgment  will  be
    30  entered  in  the  Civil  Court  of the city in which the bureau has been
    31  established, or other court of civil jurisdiction  or  any  other  place
    32  provided  for the entry of civil judgments within the state of New York,
    33  and (4) that a default may be avoided by entering a plea  or  contesting
    34  an  allegation  of  liability  in accordance with section eleven hundred
    35  eleven-a of this chapter or in accordance with sections  eleven  hundred
    36  eleven-b  of this chapter as added by sections sixteen of chapters twen-
    37  ty, twenty-one, and twenty-two of the laws of two thousand  nine  or  in
    38  accordance  with  section  eleven hundred eleven-d of this chapter or in
    39  accordance with section eleven  hundred  eleven-e  of  this  chapter  or
    40  contesting  an  allegation  of  liability in accordance with section two
    41  thousand nine hundred eighty-five  of  the  public  authorities  law  or
    42  sections  sixteen-a,  sixteen-b  and  sixteen-c of chapter seven hundred
    43  seventy-four of the laws of nineteen  hundred  fifty  or  contesting  an
    44  allegation  of  liability  in  accordance  with  section  eleven hundred
    45  eleven-c of this chapter or contesting an  allegation  of  liability  in
    46  accordance  with  section  eleven  hundred  eighty-b  of this chapter or
    47  contesting an allegation of liability in accordance with section  eleven
    48  hundred  eighty-d  of this chapter, as appropriate, or making an appear-
    49  ance within thirty days of the sending of such notice. Pleas entered and
    50  allegations  contested  within  that  period  shall  be  in  the  manner
    51  prescribed  in  the notice and not subject to additional penalty or fee.
    52  Such notice of impending default judgment shall not be required prior to
    53  the rendering and entry thereof in the case of operators or  owners  who
    54  are  non-residents  of the state of New York. In no case shall a default
    55  judgment be rendered or, where required, a notice of  impending  default
    56  judgment  be  sent, more than two years after the expiration of the time

        S. 231                             19
     1  prescribed for entering a plea  or  contesting  an  allegation.  When  a
     2  person  has  demanded a hearing, no fine or penalty shall be imposed for
     3  any reason, prior to the holding of the hearing. If the hearing examiner
     4  shall  make  a  determination on the charges, sustaining them, he or she
     5  shall impose no greater penalty or fine than those upon which the person
     6  was originally charged.
     7    § 7-a. Subdivisions 1 and 2 of section 241 of the vehicle and  traffic
     8  law,  as  amended by section 7-a of chapter 222 of the laws of 2015, are
     9  amended to read as follows:
    10    1. The hearing examiner shall make a  determination  on  the  charges,
    11  either  sustaining or dismissing them. Where the hearing examiner deter-
    12  mines that the charges have been sustained he or she may examine  either
    13  the  prior  parking  violations  record  or  the  record  of liabilities
    14  incurred in accordance with sections eleven  hundred  eleven-b  of  this
    15  chapter as added by sections sixteen of chapters twenty, twenty-one, and
    16  twenty-two  of  the  laws  of  two  thousand  nine or in accordance with
    17  section eleven hundred eleven-d of this chapter or  in  accordance  with
    18  section  eleven  hundred eleven-e of this chapter of the person charged,
    19  or the record of liabilities incurred in accordance with section  eleven
    20  hundred  eleven-c of this chapter, or the record of liabilities incurred
    21  in accordance with section eleven hundred eighty-b of this  chapter,  or
    22  the  record  of  liabilities  incurred in accordance with section eleven
    23  hundred eighty-d of this chapter of the person  charged,  as  applicable
    24  prior to rendering a final determination.  Final determinations sustain-
    25  ing or dismissing charges shall be entered on a final determination roll
    26  maintained  by  the  bureau  together  with  records showing payment and
    27  nonpayment of penalties.
    28    2. Where an operator or owner fails to enter a plea to a charge  of  a
    29  parking  violation  or  contest an allegation of liability in accordance
    30  with sections eleven hundred  eleven-b  of  this  chapter  as  added  by
    31  sections  sixteen  of chapters twenty, twenty-one, and twenty-two of the
    32  laws of two thousand nine or in accordance with section  eleven  hundred
    33  eleven-d  of  this chapter, or in accordance with section eleven hundred
    34  eleven-e of this chapter, or fails to contest an allegation of liability
    35  in accordance with section eleven hundred eleven-c of this  chapter,  or
    36  fails  to contest an allegation of liability incurred in accordance with
    37  section eleven hundred eighty-b of this chapter, or fails to contest  an
    38  allegation  of  liability  incurred  in  accordance  with section eleven
    39  hundred eighty-d of this chapter, or fails to  appear  on  a  designated
    40  hearing  date  or  subsequent adjourned date or fails after a hearing to
    41  comply with the determination of a hearing examiner,  as  prescribed  by
    42  this  article  or  by  rule or regulation of the bureau, such failure to
    43  plead, contest, appear or comply shall be deemed, for all  purposes,  an
    44  admission of liability and shall be grounds for rendering and entering a
    45  default  judgment  in an amount provided by the rules and regulations of
    46  the  bureau.  However,  after  the  expiration  of  the  original   date
    47  prescribed  for  entering  a  plea  and before a default judgment may be
    48  rendered, in such case the  bureau  shall  pursuant  to  the  applicable
    49  provisions  of  law notify such operator or owner, by such form of first
    50  class mail as the commission may direct; (1) of the  violation  charged,
    51  or liability in accordance with sections eleven hundred eleven-b of this
    52  chapter,  as  added  by sections sixteen of chapters twenty, twenty-one,
    53  and twenty-two of the laws of two thousand nine or  in  accordance  with
    54  section  eleven  hundred eleven-d of this chapter, or in accordance with
    55  section eleven hundred eleven-e of this chapter, or liability in accord-
    56  ance with section eleven hundred eleven-c of this chapter  or  liability

        S. 231                             20
     1  in  accordance  with  section  eleven  hundred  eighty-b of this chapter
     2  alleged, or liability in accordance with section eleven hundred eighty-d
     3  of this chapter alleged, (2) of the impending default judgment, (3) that
     4  such  judgment  will  be entered in the Civil Court of the city in which
     5  the bureau has been established, or other court of civil jurisdiction or
     6  any other place provided for the entry of  civil  judgments  within  the
     7  state  of  New York, and (4) that a default may be avoided by entering a
     8  plea or  contesting  an  allegation  of  liability  in  accordance  with
     9  sections  eleven  hundred  eleven-b of this chapter as added by sections
    10  sixteen of chapters twenty, twenty-one, and twenty-two of  the  laws  of
    11  two  thousand nine or in accordance with section eleven hundred eleven-d
    12  of this chapter or in accordance with section eleven hundred eleven-e of
    13  this chapter, or contesting an allegation  of  liability  in  accordance
    14  with  section  eleven  hundred eleven-c of this chapter or contesting an
    15  allegation of liability in accordance with section eleven hundred eight-
    16  y-b of this chapter or contesting an allegation of liability in  accord-
    17  ance  with section eleven hundred eighty-d of this chapter, as appropri-
    18  ate, or making an appearance within thirty days of the sending  of  such
    19  notice. Pleas entered and allegations contested within that period shall
    20  be  in the manner prescribed in the notice and not subject to additional
    21  penalty or fee. Such notice of impending default judgment shall  not  be
    22  required  prior to the rendering and entry thereof in the case of opera-
    23  tors or owners who are non-residents of the state of  New  York.  In  no
    24  case  shall  a default judgment be rendered or, where required, a notice
    25  of impending default judgment be sent, more than  two  years  after  the
    26  expiration  of  the time prescribed for entering a plea or contesting an
    27  allegation. When a person has demanded a hearing,  no  fine  or  penalty
    28  shall be imposed for any reason, prior to the holding of the hearing. If
    29  the hearing examiner shall make a determination on the charges, sustain-
    30  ing  them,  he or she shall impose no greater penalty or fine than those
    31  upon which the person was originally charged.
    32    § 7-b. Subdivisions 1 and 2 of section 241 of the vehicle and  traffic
    33  law,  as  amended by section 7-b of chapter 222 of the laws of 2015, are
    34  amended to read as follows:
    35    1. The hearing examiner shall make a  determination  on  the  charges,
    36  either  sustaining or dismissing them. Where the hearing examiner deter-
    37  mines that the charges have been sustained he or  she  may  examine  the
    38  prior parking violations record or the record of liabilities incurred in
    39  accordance  with  section eleven hundred eleven-e of this chapter of the
    40  person charged, or the record of liabilities incurred in accordance with
    41  section eleven hundred eleven-d of this chapter of the  person  charged,
    42  or  the record of liabilities incurred in accordance with section eleven
    43  hundred eleven-c of this chapter, or the record of liabilities  incurred
    44  in  accordance  with section eleven hundred eighty-b of this chapter, or
    45  the record of liabilities incurred in  accordance  with  section  eleven
    46  hundred  eighty-d  of this chapter of the person charged, as applicable,
    47  prior to rendering a final determination. Final determinations  sustain-
    48  ing or dismissing charges shall be entered on a final determination roll
    49  maintained  by  the  bureau  together  with  records showing payment and
    50  nonpayment of penalties.
    51    2. Where an operator or owner fails to enter a plea to a charge  of  a
    52  parking  violation  or  contest an allegation of liability in accordance
    53  with section eleven hundred eleven-e of  this  chapter,  or  contest  an
    54  allegation  of  liability  in  accordance  with  section  eleven hundred
    55  eleven-d of this chapter, or fails to contest an allegation of liability
    56  in accordance with section eleven hundred eleven-c of this  chapter,  or

        S. 231                             21
     1  fails  to contest an allegation of liability incurred in accordance with
     2  section eleven hundred eighty-b of this chapter, or fails to contest  an
     3  allegation  of  liability  incurred  in  accordance  with section eleven
     4  hundred  eighty-d  of  this  chapter, or fails to appear on a designated
     5  hearing date or subsequent adjourned date or fails after  a  hearing  to
     6  comply  with  the  determination of a hearing examiner, as prescribed by
     7  this article or by rule or regulation of the  bureau,  such  failure  to
     8  plead,  appear or comply shall be deemed, for all purposes, an admission
     9  of liability and shall be grounds for rendering and entering  a  default
    10  judgment  in  an  amount  provided  by  the rules and regulations of the
    11  bureau. However, after the expiration of the  original  date  prescribed
    12  for  entering  a  plea and before a default judgment may be rendered, in
    13  such case the bureau shall pursuant to the applicable provisions of  law
    14  notify  such  operator or owner, by such form of first class mail as the
    15  commission may direct; (1) of the violation  charged,  or  liability  in
    16  accordance  with  section  eleven  hundred  eleven-e of this chapter, or
    17  liability in accordance with section eleven  hundred  eleven-d  of  this
    18  chapter,  or alleged liability in accordance with section eleven hundred
    19  eleven-c of this chapter or alleged liability in accordance with section
    20  eleven hundred eighty-b of this chapter, or alleged liability in accord-
    21  ance with section eleven hundred eighty-d of this chapter,  (2)  of  the
    22  impending  default  judgment,  (3) that such judgment will be entered in
    23  the Civil Court of the city in which the bureau has been established, or
    24  other court of civil jurisdiction or any other place  provided  for  the
    25  entry  of  civil  judgments within the state of New York, and (4) that a
    26  default may be avoided by entering a plea or contesting an allegation of
    27  liability in accordance with section eleven  hundred  eleven-e  of  this
    28  chapter  or  contesting  an  allegation  of liability in accordance with
    29  section eleven hundred eleven-d of this chapter or contesting an allega-
    30  tion of liability in accordance with section eleven hundred eleven-c  of
    31  this chapter or contesting an allegation of liability in accordance with
    32  section eleven hundred eighty-b of this chapter or contesting an allega-
    33  tion  of liability in accordance with section eleven hundred eighty-d of
    34  this chapter or making an appearance within thirty days of  the  sending
    35  of  such notice. Pleas entered within that period shall be in the manner
    36  prescribed in the notice and not subject to additional penalty  or  fee.
    37  Such notice of impending default judgment shall not be required prior to
    38  the  rendering  and entry thereof in the case of operators or owners who
    39  are non-residents of the state of New York. In no case shall  a  default
    40  judgment  be  rendered or, where required, a notice of impending default
    41  judgment be sent, more than two years after the expiration of  the  time
    42  prescribed  for  entering a plea.  When a person has demanded a hearing,
    43  no fine or penalty shall be imposed for any reason, prior to the holding
    44  of the hearing. If the hearing examiner shall make  a  determination  on
    45  the  charges, sustaining them, he or she shall impose no greater penalty
    46  or fine than those upon which the person was originally charged.
    47    § 7-c. Subdivisions 1 and 2 of section 241 of the vehicle and  traffic
    48  law,  as  amended by section 7-c of chapter 222 of the laws of 2015, are
    49  amended to read as follows:
    50    1. The hearing examiner shall make a  determination  on  the  charges,
    51  either  sustaining or dismissing them. Where the hearing examiner deter-
    52  mines that the charges have been sustained he or she may examine  either
    53  the  prior  parking  violations  record  or  the  record  of liabilities
    54  incurred in accordance with section  eleven  hundred  eleven-d  of  this
    55  chapter  of the person charged, or the record of liabilities incurred in
    56  accordance with section eleven hundred eleven-e of this chapter  of  the

        S. 231                             22
     1  person  charged or the record of liabilities incurred in accordance with
     2  section eleven hundred eighty-b  of  this  chapter,  or  the  record  of
     3  liabilities  incurred in accordance with section eleven hundred eighty-d
     4  of this chapter of the person charged, as applicable, prior to rendering
     5  a  final  determination.  Final  determinations sustaining or dismissing
     6  charges shall be entered on a final determination roll maintained by the
     7  bureau together with records showing payment and  nonpayment  of  penal-
     8  ties.
     9    2.  Where  an operator or owner fails to enter a plea to a charge of a
    10  parking violation or contest an allegation of  liability  in  accordance
    11  with section eleven hundred eleven-e of this chapter or contest an alle-
    12  gation  of  liability in accordance with section eleven hundred eleven-d
    13  of this chapter or fails to contest an allegation of liability  incurred
    14  in  accordance  with  section eleven hundred eighty-b of this chapter or
    15  fails to contest an allegation of liability incurred in accordance  with
    16  section  eleven hundred eighty-d of this chapter or fails to appear on a
    17  designated hearing date or subsequent adjourned date or  fails  after  a
    18  hearing  to  comply  with  the  determination  of a hearing examiner, as
    19  prescribed by this article or by rule or regulation of the bureau,  such
    20  failure to plead, appear or comply shall be deemed, for all purposes, an
    21  admission of liability and shall be grounds for rendering and entering a
    22  default  judgment  in an amount provided by the rules and regulations of
    23  the  bureau.  However,  after  the  expiration  of  the  original   date
    24  prescribed  for  entering  a  plea  and before a default judgment may be
    25  rendered, in such case the  bureau  shall  pursuant  to  the  applicable
    26  provisions  of  law notify such operator or owner, by such form of first
    27  class mail as the commission may direct; (1) of the violation charged or
    28  liability in accordance with section eleven  hundred  eleven-e  of  this
    29  chapter  or liability in accordance with section eleven hundred eleven-d
    30  of this chapter or liability in accordance with section  eleven  hundred
    31  eighty-b  of  this  chapter  alleged,  or  liability  in accordance with
    32  section eleven hundred eighty-d of this  chapter  alleged,  (2)  of  the
    33  impending  default  judgment,  (3) that such judgment will be entered in
    34  the Civil Court of the city in which the bureau has been established, or
    35  other court of civil jurisdiction or any other place  provided  for  the
    36  entry  of  civil  judgments within the state of New York, and (4) that a
    37  default may be avoided by entering a plea or contesting an allegation of
    38  liability in accordance with section eleven  hundred  eleven-e  of  this
    39  chapter  or  contesting  an  allegation  of liability in accordance with
    40  section eleven hundred eleven-d of this chapter or contesting an allega-
    41  tion of liability in accordance with section eleven hundred eighty-b  of
    42  this chapter or contesting an allegation of liability in accordance with
    43  section  eleven hundred eighty-d of this chapter or making an appearance
    44  within thirty days of the sending of such notice. Pleas  entered  within
    45  that  period  shall  be  in  the manner prescribed in the notice and not
    46  subject to additional penalty or fee. Such notice of  impending  default
    47  judgment  shall not be required prior to the rendering and entry thereof
    48  in the case of operators or owners who are non-residents of the state of
    49  New York. In no case shall a default  judgment  be  rendered  or,  where
    50  required,  a notice of impending default judgment be sent, more than two
    51  years after the expiration of the time prescribed for entering  a  plea.
    52  When  a  person  has  demanded  a  hearing,  no fine or penalty shall be
    53  imposed for any reason, prior to the holding  of  the  hearing.  If  the
    54  hearing  examiner  shall make a determination on the charges, sustaining
    55  them, he shall impose no greater penalty or fine than those  upon  which
    56  the person was originally charged.

        S. 231                             23
     1    §  7-d. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
     2  law, as amended by section 7-d of chapter 222 of the laws of  2015,  are
     3  amended to read as follows:
     4    1.  The  hearing  examiner  shall make a determination on the charges,
     5  either sustaining or dismissing them. Where the hearing examiner  deter-
     6  mines  that the charges have been sustained he or she may examine either
     7  the prior  parking  violations  record  or  the  record  of  liabilities
     8  incurred  in  accordance  with  section  eleven hundred eleven-e of this
     9  chapter of the person charged or the record of liabilities  incurred  in
    10  accordance  with  section eleven hundred eleven-d of this chapter of the
    11  person charged or the record of liabilities incurred in accordance  with
    12  section  eleven  hundred eighty-d of this chapter of the person charged,
    13  as applicable, prior to rendering a final determination.  Final determi-
    14  nations sustaining or dismissing charges shall be  entered  on  a  final
    15  determination  roll maintained by the bureau together with records show-
    16  ing payment and nonpayment of penalties.
    17    2. Where an operator or owner fails to enter a plea to a charge  of  a
    18  parking  violation  or  contest an allegation of liability in accordance
    19  with section eleven hundred eleven-e of this chapter or contest an alle-
    20  gation of liability in accordance with section eleven  hundred  eleven-d
    21  of  this  chapter  or  contest  an  allegation  of liability incurred in
    22  accordance with section eleven hundred eighty-d of this chapter or fails
    23  to appear on a designated hearing date or subsequent adjourned  date  or
    24  fails  after  a  hearing  to  comply with the determination of a hearing
    25  examiner, as prescribed by this article or by rule or regulation of  the
    26  bureau, such failure to plead, appear or comply shall be deemed, for all
    27  purposes,  an  admission of liability and shall be grounds for rendering
    28  and entering a default judgment in an amount provided by the  rules  and
    29  regulations of the bureau. However, after the expiration of the original
    30  date prescribed for entering a plea and before a default judgment may be
    31  rendered,  in  such  case  the  bureau  shall pursuant to the applicable
    32  provisions of law notify such operator or owner, by such form  of  first
    33  class mail as the commission may direct; (1) of the violation charged or
    34  liability  in  accordance  with  section eleven hundred eleven-e of this
    35  chapter alleged or liability in accordance with section  eleven  hundred
    36  eleven-d of this chapter alleged or liability in accordance with section
    37  eleven  hundred  eighty-d  of this chapter alleged, (2) of the impending
    38  default judgment, (3) that such judgment will be entered  in  the  Civil
    39  Court  of  the  city  in which the bureau has been established, or other
    40  court of civil jurisdiction or any other place provided for the entry of
    41  civil judgments within the state of New York, and (4) that a default may
    42  be avoided by entering a plea or contesting an allegation  of  liability
    43  in  accordance  with  section eleven hundred eleven-e of this chapter or
    44  contesting an allegation of liability in accordance with section  eleven
    45  hundred  eleven-d of this chapter or contesting an allegation of liabil-
    46  ity in accordance with section eleven hundred eighty-d of  this  chapter
    47  or  making  an  appearance  within  thirty  days  of the sending of such
    48  notice.   Pleas entered within  that  period  shall  be  in  the  manner
    49  prescribed  in  the notice and not subject to additional penalty or fee.
    50  Such notice of impending default judgment shall not be required prior to
    51  the rendering and entry thereof in the case of operators or  owners  who
    52  are  non-residents  of the state of New York. In no case shall a default
    53  judgment be rendered or, where required, a notice of  impending  default
    54  judgment  be  sent, more than two years after the expiration of the time
    55  prescribed for entering a plea. When a person has demanded a hearing, no
    56  fine or penalty shall be imposed for any reason, prior to the holding of

        S. 231                             24
     1  the hearing. If the hearing examiner shall make a determination  on  the
     2  charges,  sustaining  them,  he  shall impose no greater penalty or fine
     3  than those upon which the person was originally charged.
     4    §  7-e. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
     5  law, as amended by section 7-e of chapter 222 of the laws of  2015,  are
     6  amended to read as follows:
     7    1.  The  hearing  examiner  shall make a determination on the charges,
     8  either sustaining or dismissing them. Where the hearing examiner  deter-
     9  mines  that  the  charges  have been sustained he or she may examine the
    10  prior parking violations record or the record of liabilities incurred in
    11  accordance with section eleven hundred eleven-e of this chapter  of  the
    12  person  charged or the record of liabilities incurred in accordance with
    13  section eleven hundred eighty-d of this chapter of the  person  charged,
    14  as  applicable, prior to rendering a final determination. Final determi-
    15  nations sustaining or dismissing charges shall be  entered  on  a  final
    16  determination  roll maintained by the bureau together with records show-
    17  ing payment and nonpayment of penalties.
    18    2. Where an operator or owner fails to enter a plea to a charge  of  a
    19  parking  violation  or  contest an allegation of liability in accordance
    20  with section eleven hundred eleven-e of this chapter or contest an alle-
    21  gation of liability incurred in accordance with section  eleven  hundred
    22  eighty-d of this chapter or fails to appear on a designated hearing date
    23  or subsequent adjourned date or fails after a hearing to comply with the
    24  determination of a hearing examiner, as prescribed by this article or by
    25  rule  or  regulation  of  the  bureau,  such failure to plead, appear or
    26  comply shall be deemed, for all purposes, an admission of liability  and
    27  shall  be  grounds  for  rendering and entering a default judgment in an
    28  amount provided by the rules and regulations  of  the  bureau.  However,
    29  after the expiration of the original date prescribed for entering a plea
    30  and  before  a default judgment may be rendered, in such case the bureau
    31  shall pursuant to the applicable provisions of law notify such  operator
    32  or owner, by such form of first class mail as the commission may direct;
    33  (1)  of  the  violation  charged or liability in accordance with section
    34  eleven hundred eleven-e of this chapter alleged or liability in  accord-
    35  ance  with  section eleven hundred eighty-d of this chapter alleged, (2)
    36  of the impending default  judgment,  (3)  that  such  judgment  will  be
    37  entered  in  the  Civil  Court  of the city in which the bureau has been
    38  established, or other court of civil jurisdiction  or  any  other  place
    39  provided  for the entry of civil judgments within the state of New York,
    40  and (4) that a default may be avoided by entering a plea  or  contesting
    41  an  allegation  of  liability  in accordance with section eleven hundred
    42  eleven-e of this chapter or contesting an  allegation  of  liability  in
    43  accordance  with  section  eleven  hundred  eighty-d  of this chapter or
    44  making an appearance within thirty days of the sending of  such  notice.
    45  Pleas  entered  within  that period shall be in the manner prescribed in
    46  the notice and not subject to additional penalty or fee. Such notice  of
    47  impending  default judgment shall not be required prior to the rendering
    48  and entry thereof in the case of operators or owners who  are  non-resi-
    49  dents  of  the state of New York. In no case shall a default judgment be
    50  rendered or, where required, a notice of impending default  judgment  be
    51  sent,  more  than  two years after the expiration of the time prescribed
    52  for entering a plea.  When a person has demanded a hearing, no  fine  or
    53  penalty  shall  be  imposed  for any reason, prior to the holding of the
    54  hearing. If the hearing examiner  shall  make  a  determination  on  the
    55  charges,  sustaining  them,  he  shall impose no greater penalty or fine
    56  than those upon which the person was originally charged.

        S. 231                             25
     1    § 7-f. Subdivisions 1 and 2 of section 241 of the vehicle and  traffic
     2  law,  subdivision  1  as  added  by chapter 715 of the laws of 1972, and
     3  subdivision 2 as amended by chapter 365 of the laws of 1978, are amended
     4  to read as follows:
     5    1.  The  hearing  examiner  shall make a determination on the charges,
     6  either sustaining or dismissing them. Where the hearing examiner  deter-
     7  mines  that  the  charges  have  been sustained he may examine the prior
     8  parking violations record or  the  record  of  liabilities  incurred  in
     9  accordance  with  section eleven hundred eighty-d of this chapter of the
    10  person charged, as applicable, prior to rendering a final determination.
    11  Final determinations sustaining or dismissing charges shall  be  entered
    12  on  a  final  determination  roll maintained by the bureau together with
    13  records showing payment and nonpayment of penalties.
    14    2. Where an operator or owner fails to enter a plea to a charge  of  a
    15  parking  violation  or  contest  an  allegation of liability incurred in
    16  accordance with section eleven hundred eighty-d of this chapter or fails
    17  to appear on a designated hearing date or subsequent adjourned  date  or
    18  fails  after  a  hearing  to  comply with the determination of a hearing
    19  examiner, as prescribed by this article or by rule or regulation of  the
    20  bureau, such failure to plead, appear or comply shall be deemed, for all
    21  purposes,  an  admission of liability and shall be grounds for rendering
    22  and entering a default judgment in an amount provided by the  rules  and
    23  regulations of the bureau. However, after the expiration of the original
    24  date prescribed for entering a plea and before a default judgment may be
    25  rendered,  in  such  case  the  bureau  shall pursuant to the applicable
    26  provisions of law notify such operator or owner, by such form  of  first
    27  class mail as the commission may direct; (1) of the violation charged or
    28  liability  in  accordance  with  section eleven hundred eighty-d of this
    29  chapter alleged, (2) of the impending default judgment,  (3)  that  such
    30  judgment  will  be  entered  in the Civil Court of the city in which the
    31  bureau has been established, or other court of civil jurisdiction or any
    32  other place provided for the entry of civil judgments within  the  state
    33  of New York, and (4) that a default may be avoided by entering a plea or
    34  contesting  an allegation of liability in accordance with section eleven
    35  hundred eighty-d of this chapter or making an appearance  within  thirty
    36  days  of  the  sending  of such notice. Pleas entered within that period
    37  shall be in the manner prescribed in the notice and not subject to addi-
    38  tional penalty or fee. Such notice of impending default  judgment  shall
    39  not  be required prior to the rendering and entry thereof in the case of
    40  operators or owners who are non-residents of the state of New  York.  In
    41  no  case  shall  a  default  judgment  be rendered or, where required, a
    42  notice of impending default judgment be sent, more than two years  after
    43  the expiration of the time prescribed for entering a plea. When a person
    44  has  demanded  a  hearing,  no  fine or penalty shall be imposed for any
    45  reason, prior to the holding of the hearing.  If  the  hearing  examiner
    46  shall  make  a  determination  on the charges, sustaining them, he shall
    47  impose no greater penalty or fine than those upon which the  person  was
    48  originally charged.
    49    §  8.  The  vehicle and traffic law is amended by adding a new section
    50  1180-d to read as follows:
    51    § 1180-d. Owner liability for  failure  of  operator  to  comply  with
    52  certain  posted  maximum  speed limits. (a) 1. Notwithstanding any other
    53  provision of law, the city of Buffalo is hereby authorized to  establish
    54  a  demonstration  program  imposing monetary liability on the owner of a
    55  vehicle for failure of an operator thereof to comply with posted maximum
    56  speed limits in a school speed zone within the city (i)  when  a  school

        S. 231                             26
     1  speed limit is in effect as provided in paragraphs one and two of subdi-
     2  vision (c) of section eleven hundred eighty of this article or (ii) when
     3  other  speed  limits  are in effect as provided in subdivision (b), (d),
     4  (f)  or  (g) of section eleven hundred eighty of this article during the
     5  following times:  (A) on school days during school hours  and  one  hour
     6  before  and  one  hour  after  the  school  day, and (B) a period during
     7  student activities at the school and up to  thirty  minutes  immediately
     8  before  and  up  to thirty minutes immediately after such student activ-
     9  ities. Such demonstration program shall  empower  the  city  to  install
    10  photo  speed  violation  monitoring  systems  within no more than twenty
    11  school speed zones within the city at any one time and to  operate  such
    12  systems  within  such zones (iii) when a school speed limit is in effect
    13  as provided in paragraphs one and two  of  subdivision  (c)  of  section
    14  eleven  hundred  eighty  of this article or (iv) when other speed limits
    15  are in effect as provided in subdivision (b), (d), (f) or (g) of section
    16  eleven hundred eighty of this article during the following times: (A) on
    17  school days during school hours and one hour before and one  hour  after
    18  the school day, and (B) a period during student activities at the school
    19  and  up  to  thirty  minutes immediately before and up to thirty minutes
    20  immediately after such student activities. In selecting a  school  speed
    21  zone  in which to install and operate a photo speed violation monitoring
    22  system, the city shall consider criteria including, but not  limited  to
    23  the  speed  data,  crash history, and the roadway geometry applicable to
    24  such school speed zone.
    25    2. No photo speed violation monitoring  system  shall  be  used  in  a
    26  school speed zone unless (i) on the day it is to be used it has success-
    27  fully  passed a self-test of its functions; and (ii) it has undergone an
    28  annual calibration check performed pursuant to paragraph  four  of  this
    29  subdivision.  The  city  shall  install signs giving notice that a photo
    30  speed violation monitoring system is in use to  be  mounted  on  advance
    31  warning  signs notifying motor vehicle operators of such upcoming school
    32  speed zone and/or on speed limit signs  applicable  within  such  school
    33  speed zone, in conformance with standards established in the MUTCD.
    34    3.  Operators  of  photo speed violation monitoring systems shall have
    35  completed training in the procedures for setting up, testing, and  oper-
    36  ating  such systems.  Each such operator shall complete and sign a daily
    37  set-up log for each such system that he or she operates that (i)  states
    38  the  date  and  time when, and the location where, the system was set up
    39  that day, and (ii) states that such operator successfully performed, and
    40  the system passed, the self-tests of  such  system  before  producing  a
    41  recorded  image  that  day.    The city shall retain each such daily log
    42  until the later of the date on which the photo speed violation  monitor-
    43  ing  system to which it applies has been permanently removed from use or
    44  the final resolution of all cases involving notices of liability  issued
    45  based  on  photographs, microphotographs, video or other recorded images
    46  produced by such system.
    47    4. Each photo speed violation monitoring system shall undergo an annu-
    48  al calibration check performed by an independent calibration  laboratory
    49  which  shall  issue  a signed certificate of calibration. The city shall
    50  keep each such annual certificate of calibration on file until the final
    51  resolution of all cases involving a notice of  liability  issued  during
    52  such  year  which were based on photographs, microphotographs, videotape
    53  or other recorded images produced by such photo speed violation monitor-
    54  ing system.
    55    5. (i) Such demonstration program shall utilize necessary technologies
    56  to ensure, to the  extent  practicable,  that  photographs,  microphoto-

        S. 231                             27
     1  graphs,  videotape or other recorded images produced by such photo speed
     2  violation monitoring systems shall not include images that identify  the
     3  driver, the passengers, or the contents of the vehicle. Provided, howev-
     4  er, that no notice of liability issued pursuant to this section shall be
     5  dismissed  solely  because such a photograph, microphotograph, videotape
     6  or other recorded image allows for the identification of the driver, the
     7  passengers, or the contents of vehicles where the  city  shows  that  it
     8  made  reasonable efforts to comply with the provisions of this paragraph
     9  in such case.
    10    (ii) Photographs, microphotographs, videotape or  any  other  recorded
    11  image  from  a  photo speed violation monitoring system shall be for the
    12  exclusive use of the city for the purpose of the adjudication of liabil-
    13  ity imposed pursuant to this section and of the owner receiving a notice
    14  of liability pursuant to this section, and shall  be  destroyed  by  the
    15  city  upon the final resolution of the notice of liability to which such
    16  photographs,  microphotographs,  videotape  or  other  recorded   images
    17  relate,  or  one  year  following the date of issuance of such notice of
    18  liability, whichever is later.   Notwithstanding the provisions  of  any
    19  other  law, rule or regulation to the contrary, photographs, microphoto-
    20  graphs, videotape or  any  other  recorded  image  from  a  photo  speed
    21  violation monitoring system shall not be open to the public, nor subject
    22  to  civil  or  criminal  process  or discovery, nor used by any court or
    23  administrative or adjudicatory body in any action or proceeding  therein
    24  except  that  which  is  necessary  for  the adjudication of a notice of
    25  liability issued pursuant to this  section,  and  no  public  entity  or
    26  employee,  officer  or  agent  thereof  shall disclose such information,
    27  except that such photographs, microphotographs, videotape or  any  other
    28  recorded images from such systems:
    29    (A) shall be available for inspection and copying and use by the motor
    30  vehicle  owner and operator for so long as such photographs, microphoto-
    31  graphs, videotape or other recorded images are required to be maintained
    32  or are maintained by such public entity, employee, officer or agent; and
    33    (B) (1) shall be furnished when described in a search  warrant  issued
    34  by a court authorized to issue such a search warrant pursuant to article
    35  six  hundred  ninety  of  the  criminal procedure law or a federal court
    36  authorized to issue such a search warrant under federal law, where  such
    37  search  warrant  states  that  there is reasonable cause to believe such
    38  information constitutes evidence of, or tends  to  demonstrate  that,  a
    39  misdemeanor  or  felony  offense  was committed in this state or another
    40  state, or that a particular person participated in the commission  of  a
    41  misdemeanor  or felony offense in this state or another state, provided,
    42  however, that if such offense was against the laws of another state, the
    43  court shall only issue a warrant if the conduct comprising such  offense
    44  would,  if  occurring  in this state, constitute a misdemeanor or felony
    45  against the laws of this state; and
    46    (2) shall be furnished in response to a subpoena duces tecum signed by
    47  a judge of competent jurisdiction and issued  pursuant  to  article  six
    48  hundred  ten of the criminal procedure law or a judge or magistrate of a
    49  federal court authorized to issue such  a  subpoena  duces  tecum  under
    50  federal law, where the judge finds and the subpoena states that there is
    51  reasonable cause to believe such information is relevant and material to
    52  the  prosecution,  or the defense, or the investigation by an authorized
    53  law enforcement official, of the alleged commission of a misdemeanor  or
    54  felony  in  this state or another state, provided, however, that if such
    55  offense was against the laws of another state, such judge or  magistrate
    56  shall  only  issue  such subpoena if the conduct comprising such offense

        S. 231                             28
     1  would, if occurring in this state, constitute a misdemeanor or felony in
     2  this state; and
     3    (3)  may,  if lawfully obtained pursuant to this clause and clause (A)
     4  of this subparagraph and otherwise admissible, be used in such  criminal
     5  action or proceeding.
     6    (b)  If the city of Buffalo establishes a demonstration program pursu-
     7  ant to subdivision (a) of this section, the owner of a vehicle shall  be
     8  liable  for  a  penalty imposed pursuant to this section if such vehicle
     9  was used or operated with  the  permission  of  the  owner,  express  or
    10  implied,  within  a school speed zone in violation of subdivision (c) or
    11  during the times authorized pursuant to subdivision (a) of this  section
    12  in  violation  of  subdivision  (b),  (d),  (f) or (g) of section eleven
    13  hundred eighty of this article, such vehicle was traveling at a speed of
    14  more than ten miles per hour above the  posted  speed  limit  in  effect
    15  within such school speed zone, and such violation is evidenced by infor-
    16  mation obtained from a photo speed violation monitoring system; provided
    17  however that no owner of a vehicle shall be liable for a penalty imposed
    18  pursuant  to  this  section  where the operator of such vehicle has been
    19  convicted of the underlying violation of subdivision (b), (c), (d),  (f)
    20  or (g) of section eleven hundred eighty of this article.
    21    (c)  For  purposes of this section, the following terms shall have the
    22  following meanings:
    23    1. "manual on uniform traffic control devices" or "MUTCD"  shall  mean
    24  the  manual  and  specifications for a uniform system of traffic control
    25  devices maintained by the commissioner  of  transportation  pursuant  to
    26  section sixteen hundred eighty of this chapter;
    27    2.  "owner"  shall  have the meaning provided in article two-B of this
    28  chapter;
    29    3. "photo speed violation monitoring  system"  shall  mean  a  vehicle
    30  sensor  installed  to  work in conjunction with a speed measuring device
    31  which automatically produces two or more photographs, two or more micro-
    32  photographs, a videotape or other recorded images of each vehicle at the
    33  time it is used or operated in a  school  speed  zone  in  violation  of
    34  subdivision  (b),  (c), (d), (f) or (g) of section eleven hundred eighty
    35  of this article in accordance with the provisions of this section; and
    36    4. "school speed zone" shall mean a distance not to exceed  one  thou-
    37  sand  three  hundred twenty feet on a highway passing a school building,
    38  entrance or exit of a school abutting on the highway.
    39    (d) A certificate, sworn to or affirmed by a  technician  employed  by
    40  the  city  of  Buffalo, or a facsimile thereof, based upon inspection of
    41  photographs,  microphotographs,  videotape  or  other  recorded   images
    42  produced  by  a  photo speed violation monitoring system, shall be prima
    43  facie evidence of the facts contained therein. Any  photographs,  micro-
    44  photographs,  videotape  or  other  recorded  images  evidencing  such a
    45  violation shall include at least two date and time stamped images of the
    46  rear of the motor vehicle that include the same stationary  object  near
    47  the  motor  vehicle  and shall be available for inspection reasonably in
    48  advance of and at any proceeding to adjudicate the  liability  for  such
    49  violation pursuant to this section.
    50    (e)  An owner liable for a violation of subdivision (b), (c), (d), (f)
    51  or (g) of section eleven hundred eighty of this article  pursuant  to  a
    52  demonstration  program  established  pursuant  to  this section shall be
    53  liable for monetary penalties in accordance with a schedule of fines and
    54  penalties to be promulgated by the parking violations bureau of the city
    55  of Buffalo.  The liability of the owner pursuant to this  section  shall
    56  not  exceed  fifty  dollars  for each violation; provided, however, that

        S. 231                             29
     1  such parking violations bureau may provide for an additional penalty not
     2  in excess of twenty-five dollars for each violation for the  failure  to
     3  respond to a notice of liability within the prescribed time period.
     4    (f)  An imposition of liability under the demonstration program estab-
     5  lished pursuant to this section shall not be deemed a conviction  as  an
     6  operator  and  shall  not  be  made  part of the operating record of the
     7  person upon whom such liability is imposed nor  shall  it  be  used  for
     8  insurance purposes in the provision of motor vehicle insurance coverage.
     9    (g) 1. A notice of liability shall be sent by first class mail to each
    10  person  alleged  to be liable as an owner for a violation of subdivision
    11  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this arti-
    12  cle pursuant to this section, within  fourteen  business  days  if  such
    13  owner is a resident of this state and within forty-five business days if
    14  such  owner  is a non-resident. Personal delivery on the owner shall not
    15  be required. A manual or automatic record of  mailing  prepared  in  the
    16  ordinary  course  of business shall be prima facie evidence of the facts
    17  contained therein.
    18    2. A notice of liability shall contain the name  and  address  of  the
    19  person  alleged  to be liable as an owner for a violation of subdivision
    20  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this arti-
    21  cle pursuant to this section, the registration  number  of  the  vehicle
    22  involved  in  such  violation,  the  location  where such violation took
    23  place, the date and time of such violation, the identification number of
    24  the camera which  recorded  the  violation  or  other  document  locator
    25  number,  at  least  two  date and time stamped images of the rear of the
    26  motor vehicle that include the same stationary  object  near  the  motor
    27  vehicle, and the certificate charging the liability.
    28    3.  The  notice  of  liability  shall contain information advising the
    29  person charged of the manner and the time in which he or she may contest
    30  the liability alleged in the notice. Such notice of liability shall also
    31  contain a prominent warning to advise the person charged that failure to
    32  contest in the manner and time provided shall be deemed an admission  of
    33  liability and that a default judgment may be entered thereon.
    34    4. The notice of liability shall be prepared and mailed by the city of
    35  Buffalo,  or  by  any other entity authorized by the city to prepare and
    36  mail such notice of liability.
    37    (h) Adjudication of the liability imposed upon owners of this  section
    38  shall be by the city of Buffalo parking violations bureau.
    39    (i)  If  an  owner  receives  a  notice  of liability pursuant to this
    40  section for any time period during which the vehicle or the number plate
    41  or plates of such vehicle was  reported  to  the  police  department  as
    42  having  been  stolen,  it  shall  be a valid defense to an allegation of
    43  liability for a violation of subdivision (b), (c), (d), (f)  or  (g)  of
    44  section  eleven  hundred eighty of this article pursuant to this section
    45  that the vehicle or the number plate or plates of such vehicle had  been
    46  reported  to  the  police  as  stolen  prior  to  the time the violation
    47  occurred and had not been  recovered  by  such  time.  For  purposes  of
    48  asserting  the  defense provided by this subdivision, it shall be suffi-
    49  cient that a certified copy of the police report on the  stolen  vehicle
    50  or number plate or plates of such vehicle be sent by first class mail to
    51  the  city  of  Buffalo  parking violations bureau or by any other entity
    52  authorized by the city to prepare and mail such notice of liability.
    53    (j) Adjudication of the liability imposed upon owners of this  section
    54  shall be by the city of Buffalo parking violations bureau.
    55    (k)  1.  An  owner  who  is a lessor of a vehicle to which a notice of
    56  liability was issued pursuant to subdivision (g) of this  section  shall

        S. 231                             30
     1  not be liable for the violation of subdivision (b), (c), (d), (f) or (g)
     2  of  section  eleven  hundred  eighty  of  this  article pursuant to this
     3  section, provided that:
     4    (i)  prior  to  the  violation, the lessor has filed with such parking
     5  violations bureau in accordance  with  the  provisions  of  section  two
     6  hundred thirty-nine of this chapter; and
     7    (ii)  within  thirty-seven days after receiving notice from such divi-
     8  sion of the date and time of a liability, together with the other infor-
     9  mation contained in the original notice of liability, the lessor submits
    10  to such division the correct name and address of the lessee of the vehi-
    11  cle identified in the notice of liability at the time of such violation,
    12  together with such other additional information contained in the rental,
    13  lease or other contract document, as may be reasonably required by  such
    14  division  pursuant  to  regulations  that  may  be  promulgated for such
    15  purpose.
    16    2. Failure to comply with subparagraph (ii) of paragraph one  of  this
    17  subdivision  shall render the owner liable for the penalty prescribed in
    18  this section.
    19    3. Where the lessor complies with the provisions of paragraph  one  of
    20  this  subdivision,  the  lessee  of  such  vehicle  on  the date of such
    21  violation shall be deemed to be the owner of such vehicle  for  purposes
    22  of this section, shall be subject to liability for such violation pursu-
    23  ant  to this section and shall be sent a notice of liability pursuant to
    24  subdivision (i) of this section.
    25    (l) 1. If the owner liable for a violation of subdivision (c)  or  (d)
    26  of  section  eleven  hundred  eighty  of  this  article pursuant to this
    27  section was not  the  operator  of  the  vehicle  at  the  time  of  the
    28  violation,  the owner may maintain an action for indemnification against
    29  the operator.
    30    2. Notwithstanding any other provision of this section, no owner of  a
    31  vehicle  shall  be  subject  to a monetary fine imposed pursuant to this
    32  section if the operator of such vehicle was operating such vehicle with-
    33  out the consent of the owner at the time  such  operator  operated  such
    34  vehicle in violation of subdivision (b), (c), (d), (f) or (g) of section
    35  eleven  hundred eighty of this article. For purposes of this subdivision
    36  there shall be a presumption that the operator of such vehicle was oper-
    37  ating such vehicle with the consent of the owner at  the  time  of  such
    38  operator  operated  such  vehicle  in violation of subdivision (b), (c),
    39  (d), (f) or (g) of section eleven hundred eighty of this article.
    40    (m) Nothing in this section shall be construed to limit the  liability
    41  of  an operator of a vehicle for any violation of subdivision (c) or (d)
    42  of section eleven hundred eighty of this article.
    43    (n) If the city adopts a demonstration program pursuant to subdivision
    44  (a) of this section it shall conduct a study and submit a report on  the
    45  results of the use of photo devices to the governor, the temporary pres-
    46  ident  of  the senate and the speaker of the assembly. Such report shall
    47  include:
    48    1. the locations where and dates when photo speed violation monitoring
    49  systems were used;
    50    2. the aggregate number, type and  severity  of  crashes,  fatalities,
    51  injuries  and  property  damage  reported  within all school speed zones
    52  within the city, to the extent the  information  is  maintained  by  the
    53  department of motor vehicles of this state;
    54    3.  the  aggregate  number,  type and severity of crashes, fatalities,
    55  injuries and property damage reported within school  speed  zones  where
    56  photo  speed  violation  monitoring systems were used, to the extent the

        S. 231                             31
     1  information is maintained by the department of motor  vehicles  of  this
     2  state;
     3    4.  the  number  of  violations recorded within all school speed zones
     4  within the city, in the aggregate on a daily, weekly and monthly basis;
     5    5. the number of violations recorded within  each  school  speed  zone
     6  where  a  photo speed violation monitoring system is used, in the aggre-
     7  gate on a daily, weekly and monthly basis;
     8    6. the number of violations recorded within  all  school  speed  zones
     9  within the city that were:
    10    (i)  more  than  ten  but not more than twenty miles per hour over the
    11  posted speed limit;
    12    (ii) more than twenty but not more than thirty miles per hour over the
    13  posted speed limit;
    14    (iii) more than thirty but not more than forty miles per hour over the
    15  posted speed limit; and
    16    (iv) more than forty miles per hour over the posted speed limit;
    17    7. the number of violations recorded within  each  school  speed  zone
    18  where a photo speed violation monitoring system is used that were:
    19    (i)  more  than  ten  but not more than twenty miles per hour over the
    20  posted speed limit;
    21    (ii) more than twenty but not more than thirty miles per hour over the
    22  posted speed limit;
    23    (iii) more than thirty but not more than forty miles per hour over the
    24  posted speed limit; and
    25    (iv) more than forty miles per hour over the posted speed limit;
    26    8. the total number of notices  of  liability  issued  for  violations
    27  recorded by such systems;
    28    9.  the number of fines and total amount of fines paid after the first
    29  notice of liability issued for violations recorded by such systems;
    30    10. the number of violations adjudicated and the results of such adju-
    31  dications including  breakdowns  of  dispositions  made  for  violations
    32  recorded by such systems;
    33    11.  the  total  amount  of revenue realized by the city in connection
    34  with the program;
    35    12. the expenses incurred by the city in connection with the  program;
    36  and
    37    13. the quality of the adjudication process and its results.
    38    (o) It shall be a defense to any prosecution for a violation of subdi-
    39  vision  (b),  (c),  (d),  (f) or (g) of section eleven hundred eighty of
    40  this article pursuant to this section that such  photo  speed  violation
    41  monitoring  system  was  malfunctioning  at  the  time  of  the  alleged
    42  violation.
    43    § 9. The opening paragraph and  paragraph  (c)  of  subdivision  1  of
    44  section 1809 of the vehicle and traffic law, as amended by section 10 of
    45  chapter 222 of the laws of 2015, are amended to read as follows:
    46    Whenever  proceedings in an administrative tribunal or a court of this
    47  state result in a conviction for an offense  under  this  chapter  or  a
    48  traffic  infraction  under this chapter, or a local law, ordinance, rule
    49  or regulation adopted pursuant to this chapter,  other  than  a  traffic
    50  infraction  involving  standing,  stopping,  or parking or violations by
    51  pedestrians or bicyclists, or other than an adjudication of liability of
    52  an owner for a violation of subdivision (d) of  section  eleven  hundred
    53  eleven  of  this  chapter  in  accordance  with  section  eleven hundred
    54  eleven-a of this chapter, or other than an adjudication of liability  of
    55  an  owner  for  a violation of subdivision (d) of section eleven hundred
    56  eleven of  this  chapter  in  accordance  with  section  eleven  hundred

        S. 231                             32
     1  eleven-b  of  this  chapter, or other than an adjudication in accordance
     2  with section eleven hundred eleven-c of this chapter for a violation  of
     3  a  bus  lane  restriction  as  defined in such section, or other than an
     4  adjudication of liability of an owner for a violation of subdivision (d)
     5  of  section  eleven  hundred  eleven  of this chapter in accordance with
     6  section eleven hundred eleven-d of this chapter, or other than an  adju-
     7  dication  of  liability  of an owner for a violation of subdivision (b),
     8  (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in
     9  accordance with section eleven hundred  eighty-b  of  this  chapter,  or
    10  other  than  an adjudication of liability of an owner for a violation of
    11  subdivision (b), (c), (d), (f) or (g) of section eleven  hundred  eighty
    12  of  this  chapter  in accordance with section eleven hundred eighty-c of
    13  this chapter, or other than an adjudication of liability of an owner for
    14  a violation of subdivision (d) of section eleven hundred eleven of  this
    15  chapter in accordance with section eleven hundred eleven-e of this chap-
    16  ter,  or  other  than  an  adjudication  of  liability of an owner for a
    17  violation of subdivision (b), (c), (d), (f) or  (g)  of  section  eleven
    18  hundred eighty of this chapter in accordance with section eleven hundred
    19  eighty-d  of  this chapter, there shall be levied a crime victim assist-
    20  ance fee and a mandatory surcharge, in addition to any sentence required
    21  or permitted by law, in accordance with the following schedule:
    22    (c) Whenever proceedings in an administrative tribunal or a  court  of
    23  this  state  result  in  a  conviction for an offense under this chapter
    24  other than a crime pursuant to section eleven hundred ninety-two of this
    25  chapter, or a traffic infraction under this chapter,  or  a  local  law,
    26  ordinance,  rule  or  regulation adopted pursuant to this chapter, other
    27  than a traffic infraction involving standing, stopping,  or  parking  or
    28  violations  by  pedestrians or bicyclists, or other than an adjudication
    29  of liability of an owner for a violation of subdivision (d)  of  section
    30  eleven  hundred eleven of this chapter in accordance with section eleven
    31  hundred eleven-a of this chapter,  or  other  than  an  adjudication  of
    32  liability  of  an  owner  for  a violation of subdivision (d) of section
    33  eleven hundred eleven of this chapter in accordance with section  eleven
    34  hundred  eleven-b  of  this  chapter,  or  other than an adjudication of
    35  liability of an owner for a violation  of  subdivision  (d)  of  section
    36  eleven  hundred eleven of this chapter in accordance with section eleven
    37  hundred eleven-d of this chapter, or other than an  infraction  pursuant
    38  to article nine of this chapter or other than an adjudication of liabil-
    39  ity  of an owner for a violation of toll collection regulations pursuant
    40  to section two thousand nine hundred eighty-five of the public  authori-
    41  ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
    42  hundred seventy-four of the laws of nineteen hundred fifty or other than
    43  an  adjudication  in  accordance with section eleven hundred eleven-c of
    44  this chapter for a violation of a bus lane  restriction  as  defined  in
    45  such section, or other than an adjudication of liability of an owner for
    46  a  violation  of subdivision (b), (c), (d), (f) or (g) of section eleven
    47  hundred eighty of this chapter in accordance with section eleven hundred
    48  eighty-b of this chapter, or other than an adjudication of liability  of
    49  an  owner  for  a  violation of subdivision (b), (c), (d), (f) or (g) of
    50  section eleven hundred eighty of this chapter in accordance with section
    51  eleven hundred eighty-c of this chapter, or other than  an  adjudication
    52  of  liability  of an owner for a violation of subdivision (d) of section
    53  eleven hundred eleven of this chapter in accordance with section  eleven
    54  hundred  eleven-e  of  this  chapter,  or  other than an adjudication of
    55  liability of an owner for a violation of subdivision (b), (c), (d),  (f)
    56  or  (g)  of  section eleven hundred eighty of this chapter in accordance

        S. 231                             33
     1  with section eleven hundred eighty-d of this  chapter,  there  shall  be
     2  levied a crime victim assistance fee in the amount of five dollars and a
     3  mandatory  surcharge,  in addition to any sentence required or permitted
     4  by law, in the amount of fifty-five dollars.
     5    §  9-a.  Subdivision 1 of section 1809 of the vehicle and traffic law,
     6  as amended by section 10-a of chapter  222  of  the  laws  of  2015,  is
     7  amended to read as follows:
     8    1.  Whenever  proceedings  in an administrative tribunal or a court of
     9  this state result in a conviction for a crime under this  chapter  or  a
    10  traffic  infraction  under this chapter, or a local law, ordinance, rule
    11  or regulation adopted pursuant to this chapter,  other  than  a  traffic
    12  infraction involving standing, stopping, parking or motor vehicle equip-
    13  ment  or violations by pedestrians or bicyclists, or other than an adju-
    14  dication of liability of an owner for a violation 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 other than an adjudication
    17  of liability of an owner for a violation of subdivision (d)  of  section
    18  eleven  hundred eleven of this chapter in accordance with section eleven
    19  hundred eleven-b of this chapter,  or  other  than  an  adjudication  in
    20  accordance  with  section  eleven hundred eleven-c of this chapter for a
    21  violation of a bus lane restriction as defined in such section, or other
    22  than an adjudication of liability of an owner for a violation of  subdi-
    23  vision  (d)  of section eleven hundred eleven of this chapter in accord-
    24  ance with section eleven hundred eleven-d of this chapter, or other than
    25  an adjudication of liability of an owner for a violation of  subdivision
    26  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    27  ter  in accordance with section eleven hundred eighty-b of this chapter,
    28  or other than an adjudication of liability of an owner for  a  violation
    29  of  subdivision  (b),  (c),  (d),  (f)  or (g) of section eleven hundred
    30  eighty of this chapter in accordance with section eleven hundred  eight-
    31  y-c  of  this  chapter, or other than an adjudication of liability of an
    32  owner for a violation of subdivision  (b),  (c),  (d),  (f)  or  (g)  of
    33  section eleven hundred eighty of this chapter in accordance with section
    34  eleven  hundred  eighty-d of this chapter, or other than an adjudication
    35  of liability of an owner for a violation of subdivision (d)  of  section
    36  eleven  hundred eleven of this chapter in accordance with section eleven
    37  hundred eleven-e of this chapter, there  shall  be  levied  a  mandatory
    38  surcharge,  in addition to any sentence required or permitted by law, in
    39  the amount of twenty-five dollars.
    40    § 9-b. Subdivision 1 of section 1809 of the vehicle and  traffic  law,
    41  as  amended  by  section  10-b  of  chapter  222 of the laws of 2015, is
    42  amended to read as follows:
    43    1. Whenever proceedings in an administrative tribunal or  a  court  of
    44  this  state  result  in a conviction for a crime under this chapter or a
    45  traffic infraction under this chapter other than  a  traffic  infraction
    46  involving  standing,  stopping,  parking  or  motor vehicle equipment or
    47  violations by pedestrians or bicyclists, or other than  an  adjudication
    48  in accordance with section eleven hundred eleven-c of this chapter for a
    49  violation of a bus lane restriction as defined in such section, or other
    50  than  an adjudication of liability of an owner for a violation of subdi-
    51  vision (d) of section eleven hundred eleven of this chapter  in  accord-
    52  ance with section eleven hundred eleven-d of this chapter, or other than
    53  an  adjudication of liability of an owner for a violation of subdivision
    54  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    55  ter in accordance with section eleven hundred eighty-b of this  chapter,
    56  or  other  than an adjudication of liability of an owner for a violation

        S. 231                             34
     1  of subdivision (b), (c), (d), (f)  or  (g)  of  section  eleven  hundred
     2  eighty  of this chapter in accordance with section eleven hundred eight-
     3  y-c of this chapter, or other than an adjudication of  liability  of  an
     4  owner  for  a  violation  of  subdivision  (b),  (c), (d), (f) or (g) of
     5  section eleven hundred eighty of this chapter in accordance with section
     6  eleven hundred eighty-d of this chapter, or other than  an  adjudication
     7  of  liability  of an owner for a violation of subdivision (d) of section
     8  eleven hundred eleven of this chapter in accordance with section  eleven
     9  hundred  eleven-e  of  this  chapter,  there shall be levied a mandatory
    10  surcharge, in addition to any sentence required or permitted by law,  in
    11  the amount of seventeen dollars.
    12    §  9-c.  Subdivision 1 of section 1809 of the vehicle and traffic law,
    13  as amended by section 10-c of chapter  222  of  the  laws  of  2015,  is
    14  amended to read as follows:
    15    1.  Whenever  proceedings  in an administrative tribunal or a court of
    16  this state result in a conviction for a crime under this  chapter  or  a
    17  traffic  infraction  under  this chapter other than a traffic infraction
    18  involving standing, stopping, parking  or  motor  vehicle  equipment  or
    19  violations  by  pedestrians or bicyclists, or other than an adjudication
    20  of liability of an owner for a violation of subdivision (b),  (c),  (d),
    21  (f)  or  (g) of section eleven hundred eighty of this chapter in accord-
    22  ance with section eleven hundred eighty-b of this chapter, or other than
    23  an adjudication of liability of an owner for a violation of  subdivision
    24  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    25  ter  in accordance with section eleven hundred eighty-c of this chapter,
    26  or other than an adjudication of liability of an owner for  a  violation
    27  of  subdivision  (b),  (c),  (d),  (f)  or (g) of section eleven hundred
    28  eighty of this chapter in accordance with section eleven hundred  eight-
    29  y-d  of  this  chapter, or other than an adjudication of liability of an
    30  owner for a violation of subdivision (d) of section eleven hundred elev-
    31  en of this chapter in accordance with section eleven hundred eleven-d of
    32  this chapter, or other than an adjudication of liability of an owner for
    33  a violation of subdivision (d) of section eleven hundred eleven of  this
    34  chapter in accordance with section eleven hundred eleven-e of this chap-
    35  ter,  there  shall  be  levied a mandatory surcharge, in addition to any
    36  sentence required or permitted  by  law,  in  the  amount  of  seventeen
    37  dollars.
    38    §  9-d.  Subdivision 1 of section 1809 of the vehicle and traffic law,
    39  as amended by section 10-d of chapter  222  of  the  laws  of  2015,  is
    40  amended to read as follows:
    41    1.  Whenever  proceedings  in an administrative tribunal or a court of
    42  this state result in a conviction for a crime under this  chapter  or  a
    43  traffic  infraction  under  this chapter other than a traffic infraction
    44  involving standing, stopping, parking  or  motor  vehicle  equipment  or
    45  violations  by  pedestrians or bicyclists, or other than an adjudication
    46  of liability of an owner for a violation of subdivision (b),  (c),  (d),
    47  (f)  or  (g) of section eleven hundred eighty of this chapter in accord-
    48  ance with section eleven hundred eighty-c of this chapter, or other than
    49  an adjudication of liability of an owner for a violation of  subdivision
    50  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    51  ter  in accordance with section eleven hundred eighty-d of this chapter,
    52  or other than an adjudication of liability of an owner for  a  violation
    53  of  subdivision  (d) of section eleven hundred eleven of this chapter in
    54  accordance with section eleven hundred  eleven-d  of  this  chapter,  or
    55  other  than  an adjudication of liability of an owner for a violation of
    56  subdivision (d) of section eleven hundred  eleven  of  this  chapter  in

        S. 231                             35
     1  accordance  with  section eleven hundred eleven-e of this chapter, there
     2  shall be levied a mandatory  surcharge,  in  addition  to  any  sentence
     3  required or permitted by law, in the amount of seventeen dollars.
     4    §  9-e.  Subdivision 1 of section 1809 of the vehicle and traffic law,
     5  as amended by section 10-e of chapter  222  of  the  laws  of  2015,  is
     6  amended to read as follows:
     7    1.  Whenever  proceedings  in an administrative tribunal or a court of
     8  this state result in a conviction for a crime under this  chapter  or  a
     9  traffic  infraction  under  this chapter other than a traffic infraction
    10  involving standing, stopping, parking  or  motor  vehicle  equipment  or
    11  violations  by  pedestrians or bicyclists, or other than an adjudication
    12  of liability of an owner for a violation of subdivision (b),  (c),  (d),
    13  (f)  or  (g) of section eleven hundred eighty of this chapter in accord-
    14  ance with section eleven hundred eighty-d of this chapter, or other than
    15  an adjudication of liability of an owner for a violation of  subdivision
    16  (d)  of section eleven hundred eleven of this chapter in accordance with
    17  section eleven hundred eleven-d of this chapter, or other than an  adju-
    18  dication  of liability of an owner for a violation of subdivision (d) of
    19  section eleven hundred eleven of this chapter in accordance with section
    20  eleven hundred eleven-e of this chapter, there shall be levied a  manda-
    21  tory  surcharge,  in  addition  to any sentence required or permitted by
    22  law, in the amount of seventeen dollars.
    23    § 9-f. Subdivision 1 of section 1809 of the vehicle and  traffic  law,
    24  as  amended  by  section  10-f  of  chapter  222 of the laws of 2015, is
    25  amended to read as follows:
    26    1. Whenever proceedings in an administrative tribunal or  a  court  of
    27  this  state  result  in a conviction for a crime under this chapter or a
    28  traffic infraction under this chapter other than  a  traffic  infraction
    29  involving  standing,  stopping,  parking  or  motor vehicle equipment or
    30  violations by pedestrians or bicyclists, or other than  an  adjudication
    31  of  liability  of an owner for a violation of subdivision (b), (c), (d),
    32  (f) or (g) of section eleven hundred eighty of this chapter  in  accord-
    33  ance with section eleven hundred eighty-d of this chapter, or other than
    34  an  adjudication of liability of an owner for a violation of subdivision
    35  (d) of section eleven hundred eleven of this chapter in accordance  with
    36  section eleven hundred eleven-e of this chapter, there shall be levied a
    37  mandatory  surcharge,  in addition to any sentence required or permitted
    38  by law, in the amount of seventeen dollars.
    39    § 9-g. Subdivision 1 of section 1809 of the vehicle and  traffic  law,
    40  as  separately  amended by chapter 16 of the laws of 1983 and chapter 62
    41  of the laws of 1989, is amended to read as follows:
    42    1. Whenever proceedings in an administrative tribunal or  a  court  of
    43  this  state  result  in a conviction for a crime under this chapter or a
    44  traffic infraction under this chapter other than  a  traffic  infraction
    45  involving  standing,  stopping,  parking  or  motor vehicle equipment or
    46  violations by pedestrians or bicyclists, or other than  an  adjudication
    47  of  liability  of an owner for a violation of subdivision (b), (c), (d),
    48  (f) or (g) of section eleven hundred eighty of this chapter  in  accord-
    49  ance  with  section eleven hundred eighty-d of this chapter, there shall
    50  be levied a mandatory surcharge, in addition to any sentence required or
    51  permitted by law, in the amount of seventeen dollars.
    52    § 10. Paragraph a of subdivision 1 of section 1809-e  of  the  vehicle
    53  and  traffic law, as amended by section 11 of chapter 222 of the laws of
    54  2015, is amended to read as follows:
    55    a. Notwithstanding any other provision of law, whenever proceedings in
    56  a court or  an  administrative  tribunal  of  this  state  result  in  a

        S. 231                             36
     1  conviction for an offense under this chapter, except a conviction pursu-
     2  ant to section eleven hundred ninety-two of this chapter, or for a traf-
     3  fic  infraction  under  this chapter, or a local law, ordinance, rule or
     4  regulation adopted pursuant to this chapter, except a traffic infraction
     5  involving standing, stopping, or parking or violations by pedestrians or
     6  bicyclists,  and  except  an adjudication of liability of an owner for a
     7  violation of subdivision (d) of section eleven hundred  eleven  of  this
     8  chapter in accordance with section eleven hundred eleven-a of this chap-
     9  ter  or in accordance with section eleven hundred eleven-d of this chap-
    10  ter, or in accordance with section eleven hundred eleven-e of this chap-
    11  ter, and except an adjudication of liability of an owner for a violation
    12  of subdivision (d) of section eleven hundred eleven of this  chapter  in
    13  accordance  with  section  eleven  hundred eleven-b of this chapter, and
    14  except  an  adjudication  in  accordance  with  section  eleven  hundred
    15  eleven-c  of  this  chapter  of a violation of a bus lane restriction as
    16  defined in such section, and except an adjudication of liability  of  an
    17  owner  for  a  violation  of  subdivision  (b),  (c), (d), (f) or (g) of
    18  section eleven hundred eighty of this chapter in accordance with section
    19  eleven hundred eighty-b of this chapter, and except an  adjudication  of
    20  liability  of an owner for a violation of subdivision (b), (c), (d), (f)
    21  or (g) of section eleven hundred eighty of this  chapter  in  accordance
    22  with  section  eleven  hundred  eighty-c  of this chapter, and except an
    23  adjudication of liability of an owner for a violation of toll collection
    24  regulations pursuant to section two thousand nine hundred eighty-five of
    25  the  public  authorities  law  or  sections  sixteen-a,  sixteen-b   and
    26  sixteen-c  of chapter seven hundred seventy-four of the laws of nineteen
    27  hundred fifty, or other than an adjudication of liability  of  an  owner
    28  for  a  violation  of  subdivision  (b), (c), (d), (f) or (g) of section
    29  eleven hundred eighty of this chapter in accordance with section  eleven
    30  hundred  eighty-d  of this chapter, there shall be levied in addition to
    31  any sentence, penalty or other surcharge required or permitted  by  law,
    32  an additional surcharge of twenty-eight dollars.
    33    §  10-a. Paragraph a of subdivision 1 of section 1809-e of the vehicle
    34  and traffic law, as amended by section 11-a of chapter 222 of  the  laws
    35  of 2015, is amended to read as follows:
    36    a. Notwithstanding any other provision of law, whenever proceedings in
    37  a  court  or  an  administrative  tribunal  of  this  state  result in a
    38  conviction for an offense under this chapter, except a conviction pursu-
    39  ant to section eleven hundred ninety-two of this chapter, or for a traf-
    40  fic infraction under this chapter, or a local law,  ordinance,  rule  or
    41  regulation adopted pursuant to this chapter, except a traffic infraction
    42  involving standing, stopping, or parking or violations by pedestrians or
    43  bicyclists,  and  except  an adjudication of liability of an owner for a
    44  violation of subdivision (d) of section eleven hundred  eleven  of  this
    45  chapter in accordance with section eleven hundred eleven-a of this chap-
    46  ter  or in accordance with section eleven hundred eleven-d of this chap-
    47  ter or in accordance with section eleven hundred eleven-e of this  chap-
    48  ter,  and  except  an  adjudication  in  accordance  with section eleven
    49  hundred  eleven-c  of  this  chapter  of  a  violation  of  a  bus  lane
    50  restriction  as  defined  in such section, and except an adjudication of
    51  liability of an owner for a violation of subdivision (b), (c), (d),  (f)
    52  or  (g)  of  section eleven hundred eighty of this chapter in accordance
    53  with section eleven hundred eighty-b of  this  chapter,  and  except  an
    54  adjudication  of  liability  of  an owner for a violation of subdivision
    55  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    56  ter in accordance with section eleven hundred eighty-c of this  chapter,

        S. 231                             37
     1  and  except  an adjudication of liability of an owner for a violation of
     2  subdivision (b), (c), (d), (f) or (g) of section eleven  hundred  eighty
     3  of  this  chapter  in accordance with section eleven hundred eighty-d of
     4  this  chapter, and except an adjudication of liability of an owner for a
     5  violation of toll collection regulations pursuant to section  two  thou-
     6  sand  nine hundred eighty-five of the public authorities law or sections
     7  sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
     8  of the laws of nineteen hundred fifty, there shall be levied in addition
     9  to any sentence, penalty or other surcharge  required  or  permitted  by
    10  law, an additional surcharge of twenty-eight dollars.
    11    §  10-b. Paragraph a of subdivision 1 of section 1809-e of the vehicle
    12  and traffic law, as amended by section 11-b of chapter 222 of  the  laws
    13  of 2015, is amended to read as follows:
    14    a. Notwithstanding any other provision of law, whenever proceedings in
    15  a  court  or  an  administrative  tribunal  of  this  state  result in a
    16  conviction for an offense under this chapter, except a conviction pursu-
    17  ant to section eleven hundred ninety-two of this chapter, or for a traf-
    18  fic infraction under this chapter, or a local law,  ordinance,  rule  or
    19  regulation adopted pursuant to this chapter, except a traffic infraction
    20  involving standing, stopping, or parking or violations by pedestrians or
    21  bicyclists,  and  except  an adjudication of liability of an owner for a
    22  violation of subdivision (d) of section eleven hundred  eleven  of  this
    23  chapter in accordance with section eleven hundred eleven-a of this chap-
    24  ter  or in accordance with section eleven hundred eleven-d of this chap-
    25  ter or in accordance with section eleven hundred eleven-e of this  chap-
    26  ter, and except an adjudication of liability of an owner for a violation
    27  of  subdivision  (b),  (c),  (d),  (f)  or (g) of section eleven hundred
    28  eighty of this chapter in accordance with section eleven hundred  eight-
    29  y-b of this chapter, and except an adjudication of liability of an owner
    30  for  a  violation  of  subdivision  (b), (c), (d), (f) or (g) of section
    31  eleven hundred eighty of this chapter in accordance with section  eleven
    32  hundred  eighty-c of this chapter, and except an adjudication of liabil-
    33  ity of an owner for a violation of subdivision (b), (c), (d), (f) or (g)
    34  of section eleven hundred eighty of  this  chapter  in  accordance  with
    35  section  eleven  hundred eighty-d of this chapter, and except an adjudi-
    36  cation of liability of an owner for a violation of toll collection regu-
    37  lations pursuant to section two thousand nine hundred eighty-five of the
    38  public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
    39  chapter seven hundred seventy-four  of  the  laws  of  nineteen  hundred
    40  fifty,  there  shall  be  levied in addition to any sentence, penalty or
    41  other surcharge required or permitted by law, an additional surcharge of
    42  twenty-eight dollars.
    43    § 10-c. Paragraph a of subdivision 1 of section 1809-e of the  vehicle
    44  and  traffic  law, as amended by section 11-c of chapter 222 of the laws
    45  of 2015, is amended to read as follows:
    46    a. Notwithstanding any other provision of law, whenever proceedings in
    47  a court or  an  administrative  tribunal  of  this  state  result  in  a
    48  conviction for an offense under this chapter, except a conviction pursu-
    49  ant to section eleven hundred ninety-two of this chapter, or for a traf-
    50  fic  infraction  under  this chapter, or a local law, ordinance, rule or
    51  regulation adopted pursuant to this chapter, except a traffic infraction
    52  involving standing, stopping, or parking or violations by pedestrians or
    53  bicyclists, and except an adjudication of liability of an  owner  for  a
    54  violation  of  subdivision  (d) of section eleven hundred eleven of this
    55  chapter in accordance with section eleven hundred eleven-a of this chap-
    56  ter or in accordance with section eleven hundred eleven-d of this  chap-

        S. 231                             38
     1  ter  or in accordance with section eleven hundred eleven-e of this chap-
     2  ter, and except an adjudication of liability of an owner for a violation
     3  of subdivision (b), (c), (d), (f)  or  (g)  of  section  eleven  hundred
     4  eighty  of this chapter in accordance with section eleven hundred eight-
     5  y-c of this chapter, and except an adjudication of liability of an owner
     6  for a violation of subdivision (b), (c), (d),  (f)  or  (g)  of  section
     7  eleven  hundred eighty of this chapter in accordance with section eleven
     8  hundred eighty-d of this chapter, and except an adjudication of  liabil-
     9  ity  of an owner for a violation of toll collection regulations pursuant
    10  to section two thousand nine hundred eighty-five of the public  authori-
    11  ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
    12  hundred  seventy-four of the laws of nineteen hundred fifty, there shall
    13  be levied in addition  to  any  sentence,  penalty  or  other  surcharge
    14  required  or  permitted  by law, an additional surcharge of twenty-eight
    15  dollars.
    16    § 10-d. Paragraph a of subdivision 1 of section 1809-e of the  vehicle
    17  and  traffic  law, as amended by section 11-d of chapter 222 of the laws
    18  of 2015, is amended to read as follows:
    19    a. Notwithstanding any other provision of law, whenever proceedings in
    20  a court or  an  administrative  tribunal  of  this  state  result  in  a
    21  conviction for an offense under this chapter, except a conviction pursu-
    22  ant to section eleven hundred ninety-two of this chapter, or for a traf-
    23  fic  infraction  under  this chapter, or a local law, ordinance, rule or
    24  regulation adopted pursuant to this chapter, except a traffic infraction
    25  involving standing, stopping, or parking or violations by pedestrians or
    26  bicyclists, and except an adjudication of liability of an  owner  for  a
    27  violation  of  subdivision  (d) of section eleven hundred eleven of this
    28  chapter in accordance with section eleven hundred eleven-a of this chap-
    29  ter or in accordance with section eleven hundred eleven-d of this  chap-
    30  ter  or in accordance with section eleven hundred eleven-e of this chap-
    31  ter, and except an adjudication of liability of an owner for a violation
    32  of subdivision (b), (c), (d), (f)  or  (g)  of  section  eleven  hundred
    33  eighty  of this chapter in accordance with section eleven hundred eight-
    34  y-d of this chapter, and except an adjudication of liability of an owner
    35  for a violation of toll collection regulations pursuant to  section  two
    36  thousand  nine  hundred  eighty-five  of  the  public authorities law or
    37  sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred
    38  seventy-four  of  the  laws  of  nineteen  hundred fifty, there shall be
    39  levied in addition to any sentence, penalty or other surcharge  required
    40  or permitted by law, an additional surcharge of twenty-eight dollars.
    41    §  10-e. Paragraph a of subdivision 1 of section 1809-e of the vehicle
    42  and traffic law, as amended by section 11-e of chapter 222 of  the  laws
    43  of 2015, is amended to read as follows:
    44    a. Notwithstanding any other provision of law, whenever proceedings in
    45  a  court  or  an  administrative  tribunal  of  this  state  result in a
    46  conviction for an offense under this chapter, except a conviction pursu-
    47  ant to section eleven hundred ninety-two of this chapter, or for a traf-
    48  fic infraction under this chapter, or a local law,  ordinance,  rule  or
    49  regulation adopted pursuant to this chapter, except a traffic infraction
    50  involving standing, stopping, or parking or violations by pedestrians or
    51  bicyclists,  and  except  an adjudication of liability of an owner for a
    52  violation of subdivision (d) of section eleven hundred  eleven  of  this
    53  chapter in accordance with section eleven hundred eleven-a of this chap-
    54  ter  or in accordance with section eleven hundred eleven-e of this chap-
    55  ter, and except an adjudication of liability of an owner for a violation
    56  of subdivision (b), (c), (d), (f)  or  (g)  of  section  eleven  hundred

        S. 231                             39
     1  eighty  of this chapter in accordance with section eleven hundred eight-
     2  y-d of this chapter, and except an adjudication of liability of an owner
     3  for a violation of toll collection regulations pursuant to  section  two
     4  thousand  nine  hundred  eighty-five  of  the  public authorities law or
     5  sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred
     6  seventy-four  of  the  laws  of  nineteen  hundred fifty, there shall be
     7  levied in addition to any sentence, penalty or other surcharge  required
     8  or permitted by law, an additional surcharge of twenty-eight dollars.
     9    §  10-f. Paragraph a of subdivision 1 of section 1809-e of the vehicle
    10  and traffic law, as amended by section 5 of part C of chapter 55 of  the
    11  laws of 2013, is amended to read as follows:
    12    a. Notwithstanding any other provision of law, whenever proceedings in
    13  a  court  or  an  administrative  tribunal  of  this  state  result in a
    14  conviction for an offense under this chapter, except a conviction pursu-
    15  ant to section eleven hundred ninety-two of this chapter, or for a traf-
    16  fic infraction under this chapter, or a local law,  ordinance,  rule  or
    17  regulation adopted pursuant to this chapter, except a traffic infraction
    18  involving standing, stopping, or parking or violations by pedestrians or
    19  bicyclists,  and  except  an adjudication of liability of an owner for a
    20  violation of subdivision (d) of section eleven hundred  eleven  of  this
    21  chapter in accordance with section eleven hundred eleven-a of this chap-
    22  ter, and except an adjudication of liability of an owner for a violation
    23  of  subdivision  (b),  (c),  (d),  (f)  or (g) of section eleven hundred
    24  eighty of this chapter in accordance with section eleven hundred  eight-
    25  y-d of this chapter, and except an adjudication of liability of an owner
    26  for  a  violation of toll collection regulations pursuant to section two
    27  thousand nine hundred eighty-five  of  the  public  authorities  law  or
    28  sections  sixteen-a,  sixteen-b  and  sixteen-c of chapter seven hundred
    29  seventy-four of the laws of  nineteen  hundred  fifty,  there  shall  be
    30  levied  in addition to any sentence, penalty or other surcharge required
    31  or permitted by law, an additional surcharge of twenty-eight dollars.
    32    § 11. Subparagraph (i) of paragraph a of subdivision  5-a  of  section
    33  401  of  the vehicle and traffic law, as amended by section 8 of chapter
    34  222 of the laws of 2015, is amended to read as follows:
    35    (i) If at the time of application for a registration or renewal there-
    36  of there is a certification from a  court,  parking  violations  bureau,
    37  traffic  and  parking  violations  agency  or administrative tribunal of
    38  appropriate jurisdiction that the registrant or  his  or  her  represen-
    39  tative  failed  to appear on the return date or any subsequent adjourned
    40  date or failed to comply with the rules and regulations of  an  adminis-
    41  trative  tribunal  following  entry of a final decision in response to a
    42  total of three or more summonses or  other  process  in  the  aggregate,
    43  issued  within  an eighteen month period, charging either that: (i) such
    44  motor vehicle was parked, stopped or standing, or that such motor  vehi-
    45  cle  was operated for hire by the registrant or his or her agent without
    46  being licensed as a motor vehicle for  hire  by  the  appropriate  local
    47  authority,  in  violation of any of the provisions of this chapter or of
    48  any law, ordinance, rule or regulation made by  a  local  authority;  or
    49  (ii) the registrant was liable in accordance with section eleven hundred
    50  eleven-a,  section  eleven  hundred  eleven-b  or section eleven hundred
    51  eleven-d of this chapter for a violation of subdivision (d)  of  section
    52  eleven  hundred  eleven  of  this  chapter;  or (iii) the registrant was
    53  liable in accordance with section eleven hundred eleven-c of this  chap-
    54  ter  for  a  violation  of  a  bus  lane  restriction as defined in such
    55  section, or (iv) the registrant was liable in  accordance  with  section
    56  eleven  hundred  eighty-b of this chapter for a violation of subdivision

        S. 231                             40
     1  (c) or (d) of section eleven hundred eighty of this chapter, or (v)  the
     2  registrant was liable in accordance with section eleven hundred eighty-c
     3  of  this  chapter  for  a violation of subdivision (c) or (d) of section
     4  eleven hundred eighty of this chapter; or (vi) the registrant was liable
     5  in accordance with section eleven hundred eleven-e of this chapter for a
     6  violation  of  subdivision  (d) of section eleven hundred eleven of this
     7  chapter, or (vii) the registrant was liable in accordance  with  section
     8  eleven  hundred  eighty-d of this chapter for a violation of subdivision
     9  (c) or (d) of section eleven hundred eighty of this chapter, the commis-
    10  sioner or his or her agent shall deny the registration or renewal appli-
    11  cation until the applicant provides proof from the  court,  traffic  and
    12  parking violations agency or administrative tribunal wherein the charges
    13  are pending that an appearance or answer has been made or in the case of
    14  an  administrative  tribunal  that he or she has complied with the rules
    15  and regulations of said tribunal following entry of  a  final  decision.
    16  Where an application is denied pursuant to this section, the commission-
    17  er  may, in his or her discretion, deny a registration or renewal appli-
    18  cation to any other person for the same vehicle and may deny a registra-
    19  tion or renewal application for any other motor  vehicle  registered  in
    20  the  name  of  the  applicant where the commissioner has determined that
    21  such registrant's intent has been to evade the purposes of this subdivi-
    22  sion and where the commissioner has reasonable grounds to  believe  that
    23  such  registration  or  renewal  will  have  the effect of defeating the
    24  purposes of this subdivision. Such denial shall only remain in effect as
    25  long as the summonses remain unanswered, or in the case of  an  adminis-
    26  trative  tribunal,  the  registrant  fails  to comply with the rules and
    27  regulations following entry of a final decision.
    28    § 11-a. Paragraph a of subdivision 5-a of section 401 of  the  vehicle
    29  and traffic law, as amended by section 8-a of chapter 222 of the laws of
    30  2015, is amended to read as follows:
    31    a. If at the time of application for a registration or renewal thereof
    32  there  is  a  certification  from  a court or administrative tribunal of
    33  appropriate jurisdiction that the registrant or  his  or  her  represen-
    34  tative  failed  to appear on the return date or any subsequent adjourned
    35  date or failed to comply with the rules and regulations of  an  adminis-
    36  trative  tribunal  following  entry of a final decision in response to a
    37  total of three or more summonses or  other  process  in  the  aggregate,
    38  issued  within  an eighteen month period, charging either that: (i) such
    39  motor vehicle was parked, stopped or standing, or that such motor  vehi-
    40  cle  was operated for hire by the registrant or his or her agent without
    41  being licensed as a motor vehicle for  hire  by  the  appropriate  local
    42  authority,  in  violation of any of the provisions of this chapter or of
    43  any law, ordinance, rule or regulation made by  a  local  authority;  or
    44  (ii) the registrant was liable in accordance with section eleven hundred
    45  eleven-b  of  this chapter for a violation of subdivision (d) of section
    46  eleven hundred eleven of this  chapter;  or  (iii)  the  registrant  was
    47  liable  in accordance with section eleven hundred eleven-c of this chap-
    48  ter for a violation of  a  bus  lane  restriction  as  defined  in  such
    49  section;  or  (iv)  the registrant was liable in accordance with section
    50  eleven hundred eleven-d of this chapter for a violation  of  subdivision
    51  (d)  of  section eleven hundred eleven of this chapter or (v) the regis-
    52  trant was liable in accordance with section eleven hundred  eighty-b  of
    53  this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of
    54  section eleven hundred eighty of this chapter; or (v) the registrant was
    55  liable  in accordance with section eleven hundred eighty-c of this chap-
    56  ter for a violation of subdivision (b), (c), (d), (f) or (g) of  section

        S. 231                             41
     1  eleven hundred eighty of this chapter; or (vi) the registrant was liable
     2  in accordance with section eleven hundred eleven-e of this chapter for a
     3  violation  of  subdivision  (d) of section eleven hundred eleven of this
     4  chapter;  or  (vii) the registrant was liable in accordance with section
     5  eleven hundred eighty-d of this chapter for a violation  of  subdivision
     6  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
     7  ter, the commissioner or his or her agent shall deny the registration or
     8  renewal application until the applicant provides proof from the court or
     9  administrative  tribunal wherein the charges are pending that an appear-
    10  ance or answer has been made or in the case of an administrative  tribu-
    11  nal  that  he or she has complied with the rules and regulations of said
    12  tribunal following entry of a final decision. Where  an  application  is
    13  denied  pursuant  to  this  section, the commissioner may, in his or her
    14  discretion, deny a registration or  renewal  application  to  any  other
    15  person  for  the  same  vehicle  and  may deny a registration or renewal
    16  application for any other motor vehicle registered in the  name  of  the
    17  applicant  where  the commissioner has determined that such registrant's
    18  intent has been to evade the purposes of this subdivision and where  the
    19  commissioner has reasonable grounds to believe that such registration or
    20  renewal  will have the effect of defeating the purposes of this subdivi-
    21  sion. Such denial shall only remain in effect as long as  the  summonses
    22  remain  unanswered,  or  in  the case of an administrative tribunal, the
    23  registrant fails to comply with  the  rules  and  regulations  following
    24  entry of a final decision.
    25    §  11-b.  Paragraph a of subdivision 5-a of section 401 of the vehicle
    26  and traffic law, as amended by section 8-b of chapter 222 of the laws of
    27  2015, is amended to read as follows:
    28    a. If at the time of application for a registration or renewal thereof
    29  there is a certification from a  court  or  administrative  tribunal  of
    30  appropriate  jurisdiction  that  the  registrant or his or her represen-
    31  tative failed to appear on the return date or any  subsequent  adjourned
    32  date  or  failed to comply with the rules and regulations of an adminis-
    33  trative tribunal following entry of a  final  decision  in  response  to
    34  three  or  more  summonses  or  other process, issued within an eighteen
    35  month period, charging that: (i) such motor vehicle was parked,  stopped
    36  or  standing,  or  that  such motor vehicle was operated for hire by the
    37  registrant or his or her agent without being licensed as a motor vehicle
    38  for hire by the appropriate local authority, in violation of any of  the
    39  provisions  of this chapter or of any law, ordinance, rule or regulation
    40  made by a local authority; or (ii) the registrant was liable in  accord-
    41  ance  with  section  eleven  hundred  eleven-c  of  this  chapter  for a
    42  violation of a bus lane restriction as defined in such section; or (iii)
    43  the registrant was liable in  accordance  with  section  eleven  hundred
    44  eleven-d  of  this chapter for a violation of subdivision (d) of section
    45  eleven hundred eleven of this chapter; or (iv) the registrant was liable
    46  in accordance with section eleven hundred eighty-b of this chapter for a
    47  violation of subdivision (b), (c), (d), (f) or  (g)  of  section  eleven
    48  hundred  eighty of this chapter, or the registrant was liable in accord-
    49  ance with  section  eleven  hundred  eighty-c  of  this  chapter  for  a
    50  violation  of  subdivision  (b),  (c), (d), (f) or (g) of section eleven
    51  hundred eighty of this chapter, or the registrant was liable in  accord-
    52  ance  with  section  eleven  hundred  eighty-d  of  this  chapter  for a
    53  violation of subdivision (b), (c), (d), (f) or  (g)  of  section  eleven
    54  hundred  eighty  of  this  chapter;  or (v) the registrant was liable in
    55  accordance with section eleven hundred eleven-e of this  chapter  for  a
    56  violation  of  subdivision  (d) of section eleven hundred eleven of this

        S. 231                             42
     1  chapter, the commissioner or his or her agent shall deny  the  registra-
     2  tion  or renewal application until the applicant provides proof from the
     3  court or administrative tribunal wherein the charges are pending that an
     4  appearance  or  answer has been made or in the case of an administrative
     5  tribunal that he or she has complied with the rules and  regulations  of
     6  said  tribunal following entry of a final decision. Where an application
     7  is denied pursuant to this section, the commissioner may, in his or  her
     8  discretion,  deny  a  registration  or  renewal application to any other
     9  person for the same vehicle and  may  deny  a  registration  or  renewal
    10  application  for  any  other motor vehicle registered in the name of the
    11  applicant where the commissioner has determined that  such  registrant's
    12  intent  has been to evade the purposes of this subdivision and where the
    13  commissioner has reasonable grounds to believe that such registration or
    14  renewal will have the effect of defeating the purposes of this  subdivi-
    15  sion.  Such  denial shall only remain in effect as long as the summonses
    16  remain unanswered, or in the case of  an  administrative  tribunal,  the
    17  registrant  fails  to  comply  with  the rules and regulations following
    18  entry of a final decision.
    19    § 11-c. Paragraph a of subdivision 5-a of section 401 of  the  vehicle
    20  and traffic law, as amended by section 8-c of chapter 222 of the laws of
    21  2015, is amended to read as follows:
    22    a. If at the time of application for a registration or renewal thereof
    23  there  is  a  certification  from  a court or administrative tribunal of
    24  appropriate jurisdiction that the registrant or  his  or  her  represen-
    25  tative  failed  to appear on the return date or any subsequent adjourned
    26  date or failed to comply with the rules and regulations of  an  adminis-
    27  trative  tribunal  following  entry  of  a final decision in response to
    28  three or more summonses or other  process,  issued  within  an  eighteen
    29  month  period, charging that: (i) such motor vehicle was parked, stopped
    30  or standing, or that such motor vehicle was operated  for  hire  by  the
    31  registrant or his or her agent without being licensed as a motor vehicle
    32  for  hire by the appropriate local authority, in violation of any of the
    33  provisions of this chapter or of any law, ordinance, rule or  regulation
    34  made  by a local authority; or (ii) the registrant was liable in accord-
    35  ance with  section  eleven  hundred  eleven-d  of  this  chapter  for  a
    36  violation  of  subdivision  (d) of section eleven hundred eleven of this
    37  chapter; or (iii) the registrant was liable in accordance  with  section
    38  eleven  hundred  eighty-b  of this chapter for violations of subdivision
    39  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    40  ter, or the registrant was liable  in  accordance  with  section  eleven
    41  hundred eighty-c of this chapter for violations of subdivision (b), (c),
    42  (d), (f) or (g) of section eleven hundred eighty of this chapter, or the
    43  registrant was liable in accordance with section eleven hundred eighty-d
    44  of  this chapter for violations of subdivision (b), (c), (d), (f) or (g)
    45  of section eleven hundred eighty of this chapter; or (iv) the registrant
    46  was liable in accordance with section eleven hundred  eleven-e  of  this
    47  chapter  for  a  violation  of subdivision (d) of section eleven hundred
    48  eleven of this chapter, the commissioner or his or her agent shall  deny
    49  the  registration  or  renewal  application until the applicant provides
    50  proof from the court or administrative tribunal wherein the charges  are
    51  pending  that an appearance or answer has been made or in the case of an
    52  administrative tribunal that he has complied with the  rules  and  regu-
    53  lations  of  said tribunal following entry of a final decision. Where an
    54  application is denied pursuant to this section, the commissioner may, in
    55  his or her discretion, deny a registration or renewal application to any
    56  other person for the same vehicle and may deny a registration or renewal

        S. 231                             43
     1  application for any other motor vehicle registered in the  name  of  the
     2  applicant  where  the commissioner has determined that such registrant's
     3  intent has been to evade the purposes of this subdivision and where  the
     4  commissioner has reasonable grounds to believe that such registration or
     5  renewal  will have the effect of defeating the purposes of this subdivi-
     6  sion. Such denial shall only remain in effect as long as  the  summonses
     7  remain  unanswered,  or  in  the case of an administrative tribunal, the
     8  registrant fails to comply with  the  rules  and  regulations  following
     9  entry of a final decision.
    10    §  11-d.  Paragraph a of subdivision 5-a of section 401 of the vehicle
    11  and traffic law, as amended by section 8-d of chapter 222 of the laws of
    12  2015, is amended to read as follows:
    13    a. If at the time of application for a registration or renewal thereof
    14  there is a certification from a  court  or  administrative  tribunal  of
    15  appropriate  jurisdiction  that  the  registrant or his or her represen-
    16  tative failed to appear on the return date or any  subsequent  adjourned
    17  date  or  failed to comply with the rules and regulations of an adminis-
    18  trative tribunal following entry of a  final  decision  in  response  to
    19  three  or  more  summonses  or  other process, issued within an eighteen
    20  month period, charging that such motor vehicle was  parked,  stopped  or
    21  standing, or that such motor vehicle was operated for hire by the regis-
    22  trant or his agent without being licensed as a motor vehicle for hire by
    23  the  appropriate  local authority, in violation of any of the provisions
    24  of this chapter or of any law, ordinance, rule or regulation made  by  a
    25  local authority, or the registrant was liable in accordance with section
    26  eleven  hundred  eighty-c  of this chapter for violations of subdivision
    27  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    28  ter, or the registrant was liable  in  accordance  with  section  eleven
    29  hundred eighty-d of this chapter for violations of subdivision (b), (c),
    30  (d), (f) or (g) of section eleven hundred eighty of this chapter, or the
    31  registrant was liable in accordance with section eleven hundred eleven-d
    32  of  this  chapter  for  a violation of subdivision (d) of section eleven
    33  hundred eleven of this chapter, or the registrant was liable in  accord-
    34  ance  with  section  eleven  hundred  eleven-e  of  this  chapter  for a
    35  violation of subdivision (d) of section eleven hundred  eleven  of  this
    36  chapter,  the  commissioner or his or her agent shall deny the registra-
    37  tion or renewal application until the applicant provides proof from  the
    38  court or administrative tribunal wherein the charges are pending that an
    39  appearance  or  answer has been made or in the case of an administrative
    40  tribunal that he or she has complied with the rules and  regulations  of
    41  said  tribunal following entry of a final decision. Where an application
    42  is denied pursuant to this section, the commissioner may, in his or  her
    43  discretion,  deny  a  registration  or  renewal application to any other
    44  person for the same vehicle and  may  deny  a  registration  or  renewal
    45  application  for  any  other motor vehicle registered in the name of the
    46  applicant where the commissioner has determined that  such  registrant's
    47  intent  has been to evade the purposes of this subdivision and where the
    48  commissioner has reasonable grounds to believe that such registration or
    49  renewal will have the effect of defeating the purposes of this  subdivi-
    50  sion.  Such  denial shall only remain in effect as long as the summonses
    51  remain unanswered, or in the case of  an  administrative  tribunal,  the
    52  registrant  fails  to  comply  with  the rules and regulations following
    53  entry of a final decision.
    54    § 11-e. Paragraph a of subdivision 5-a of section 401 of  the  vehicle
    55  and traffic law, as amended by section 8-e of chapter 222 of the laws of
    56  2015, is amended to read as follows:

        S. 231                             44
     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
     7  three  or  more  summonses  or  other process, issued within an eighteen
     8  month period, charging that such motor vehicle was  parked,  stopped  or
     9  standing, or that such motor vehicle was operated for hire by the regis-
    10  trant  or his or her agent without being licensed as a motor vehicle for
    11  hire by the appropriate local authority, in  violation  of  any  of  the
    12  provisions  of this chapter or of any law, ordinance, rule or regulation
    13  made by a local authority, or the registrant was  liable  in  accordance
    14  with  section  eleven hundred eighty-d of this chapter for violations of
    15  subdivision (b), (c), (d), (f) or (g) of section eleven  hundred  eighty
    16  of this chapter, or the registrant was liable in accordance with section
    17  eleven  hundred  eleven-d of this chapter for a violation of subdivision
    18  (d) of section eleven hundred eleven of this chapter, or the  registrant
    19  was  liable  in  accordance with section eleven hundred eleven-e of this
    20  chapter for a violation of subdivision (d)  of  section  eleven  hundred
    21  eleven  of this chapter, the commissioner or his or her agent shall deny
    22  the registration or renewal application  until  the  applicant  provides
    23  proof  from the court or administrative tribunal wherein the charges are
    24  pending that an appearance or answer has been made or in the case of  an
    25  administrative  tribunal  that  he has complied with the rules and regu-
    26  lations of said tribunal following entry of a final decision.  Where  an
    27  application is denied pursuant to this section, the commissioner may, in
    28  his or her discretion, deny a registration or renewal application to any
    29  other person for the same vehicle and may deny a registration or renewal
    30  application  for  any  other motor vehicle registered in the name of the
    31  applicant where the commissioner has determined that  such  registrant's
    32  intent  has been to evade the purposes of this subdivision and where the
    33  commissioner has reasonable grounds to believe that such registration or
    34  renewal will have the effect of defeating the purposes of this  subdivi-
    35  sion.  Such  denial shall only remain in effect as long as the summonses
    36  remain unanswered, or in the case of  an  administrative  tribunal,  the
    37  registrant  fails  to  comply  with  the rules and regulations following
    38  entry of a final decision.
    39    § 11-f. Paragraph a of subdivision 5-a of section 401 of  the  vehicle
    40  and traffic law, as amended by section 8-f of chapter 222 of the laws of
    41  2015, is amended to read as follows:
    42    a. If at the time of application for a registration or renewal thereof
    43  there  is  a  certification  from  a court or administrative tribunal of
    44  appropriate jurisdiction that the registrant or  his  or  her  represen-
    45  tative  failed  to appear on the return date or any subsequent adjourned
    46  date or failed to comply with the rules and regulations of  an  adminis-
    47  trative  tribunal  following  entry  of  a final decision in response to
    48  three or more summonses or other  process,  issued  within  an  eighteen
    49  month  period,  charging  that such motor vehicle was parked, stopped or
    50  standing, or that such motor vehicle was operated for hire by the regis-
    51  trant or his or her agent without being licensed as a motor vehicle  for
    52  hire  by  the  appropriate  local  authority, in violation of any of the
    53  provisions of this chapter or of any law, ordinance, rule or  regulation
    54  made  by  a  local authority, or the registrant was liable in accordance
    55  with section eleven hundred eighty-d of this chapter for  violations  of
    56  subdivision  (b),  (c), (d), (f) or (g) of section eleven hundred eighty

        S. 231                             45
     1  of this chapter, or the registrant was liable in accordance with section
     2  eleven hundred eleven-e of this chapter for a violation  of  subdivision
     3  (d)  of  section eleven hundred eleven of this chapter, the commissioner
     4  or  his  or her agent shall deny the registration or renewal application
     5  until the applicant provides proof  from  the  court  or  administrative
     6  tribunal  wherein  the  charges are pending that an appearance or answer
     7  has been made or in the case of an administrative tribunal that  he  has
     8  complied with the rules and regulations of said tribunal following entry
     9  of  a  final  decision.  Where an application is denied pursuant to this
    10  section, the commissioner may, in his or her discretion, deny  a  regis-
    11  tration  or renewal application to any other person for the same vehicle
    12  and may deny a registration or renewal application for any  other  motor
    13  vehicle  registered  in the name of the applicant where the commissioner
    14  has determined that such registrant's  intent  has  been  to  evade  the
    15  purposes  of  this subdivision and where the commissioner has reasonable
    16  grounds to believe that such  registration  or  renewal  will  have  the
    17  effect  of defeating the purposes of this subdivision. Such denial shall
    18  only remain in effect as long as the summonses remain unanswered, or  in
    19  the  case  of an administrative tribunal, the registrant fails to comply
    20  with the rules and regulations following entry of a final decision.
    21    § 11-g. Paragraph a of subdivision 5-a of section 401 of  the  vehicle
    22  and  traffic  law,  as separately amended by chapters 339 and 592 of the
    23  laws of 1987, is amended to read as follows:
    24    a. If at the time of application for a registration or renewal thereof
    25  there is a certification from a  court  or  administrative  tribunal  of
    26  appropriate  jurisdiction  that  the  registrant  or  his representative
    27  failed to appear on the return date or any subsequent adjourned date  or
    28  failed  to  comply  with  the rules and regulations of an administrative
    29  tribunal following entry of a final decision in  response  to  three  or
    30  more summonses or other process, issued within an eighteen month period,
    31  charging  that  such  motor  vehicle was parked, stopped or standing, or
    32  that such motor vehicle was operated for hire by the registrant  or  his
    33  agent  without  being licensed as a motor vehicle for hire by the appro-
    34  priate local authority, in violation of any of the  provisions  of  this
    35  chapter  or  of  any  law, ordinance, rule or regulation made by a local
    36  authority, or the registrant was liable in accordance with section elev-
    37  en hundred eighty-d of this chapter for violations of  subdivision  (b),
    38  (c),  (d),  (f) or (g) of section eleven hundred eighty of this chapter,
    39  the commissioner or his agent shall deny  the  registration  or  renewal
    40  application  until the applicant provides proof from the court or admin-
    41  istrative tribunal wherein the charges are pending that an appearance or
    42  answer has been made or in the case of an administrative  tribunal  that
    43  he  has complied with the rules and regulations of said tribunal follow-
    44  ing entry of a final decision. Where an application is  denied  pursuant
    45  to  this section, the commissioner may, in his discretion, deny a regis-
    46  tration or renewal application to any other person for the same  vehicle
    47  and  may  deny a registration or renewal application for any other motor
    48  vehicle registered in the name of the applicant where  the  commissioner
    49  has  determined  that  such  registrant's  intent  has been to evade the
    50  purposes of this subdivision and where the commissioner  has  reasonable
    51  grounds  to  believe  that  such  registration  or renewal will have the
    52  effect of defeating the purposes of this subdivision. Such denial  shall
    53  only  remain in effect as long as the summonses remain unanswered, or in
    54  the case of an administrative tribunal, the registrant fails  to  comply
    55  with the rules and regulations following entry of a final decision.

        S. 231                             46
     1    §  12.  Subdivision  2  of  section  87  of the public officers law is
     2  amended by adding a new paragraph (p) to read as follows:
     3    (p)  are  photographs,  microphotographs,  videotape or other recorded
     4  images prepared under the authority of section eleven  hundred  eighty-d
     5  of the vehicle and traffic law.
     6    §  13.  The purchase or lease of equipment for a demonstration program
     7  pursuant to section 1180-d of the  vehicle  and  traffic  law  shall  be
     8  subject to the provisions of section 103 of the general municipal law.
     9    §  14.  This act shall take effect on the thirtieth day after it shall
    10  have become a law and shall expire 5 years  after  such  effective  date
    11  when upon such date the provisions of this act shall be deemed repealed;
    12  and  provided further that any rules necessary for the implementation of
    13  this act on its effective date shall be promulgated on  or  before  such
    14  effective date, provided that:
    15    (a)  the amendments to subdivision 1 of section 235 of the vehicle and
    16  traffic law made by section one of this act shall not affect the expira-
    17  tion of such section and shall be deemed to expire therewith, when  upon
    18  such date the provisions of section one-a of this act shall take effect;
    19    (a-1)  the  amendments  to  section 235 of the vehicle and traffic law
    20  made by section one-a of this act shall not  affect  the  expiration  of
    21  such  section  and  shall  be deemed to expire therewith, when upon such
    22  date the provisions of section one-b of this act shall take effect;
    23    (a-2) the amendments to section 235 of the  vehicle  and  traffic  law
    24  made  by  section  one-b  of this act shall not affect the expiration of
    25  such section and shall be deemed to expire  therewith,  when  upon  such
    26  date the provisions of section one-c of this act shall take effect;
    27    (a-3)  the  amendments  to  section 235 of the vehicle and traffic law
    28  made by section one-c of this act shall not  affect  the  expiration  of
    29  such  section  and  shall  be deemed to expire therewith, when upon such
    30  date the provisions of section one-d of this act shall take effect;
    31    (a-4) the amendments to section 235 of the  vehicle  and  traffic  law
    32  made  by  section  one-d  of this act shall not affect the expiration of
    33  such section and shall be deemed to expire  therewith,  when  upon  such
    34  date the provisions of section one-e of this act shall take effect;
    35    (a-5)  the  amendments  to  section 235 of the vehicle and traffic law
    36  made by section one-e of this act shall not  affect  the  expiration  of
    37  such  section  and  shall  be deemed to expire therewith, when upon such
    38  date the provisions of section one-f of this act shall take effect;
    39    (a-6) the amendments to section 235 of the  vehicle  and  traffic  law
    40  made  by  section  one-f  of this act shall not affect the expiration of
    41  such section and shall be deemed to expire  therewith,  when  upon  such
    42  date the provisions of section one-g of this act shall take effect;
    43    (b)  the amendments to subdivision 1 of section 236 of the vehicle and
    44  traffic law made by section two of this act shall not affect the expira-
    45  tion of such subdivision and shall be deemed to expire  therewith,  when
    46  upon  such  date  the provisions of section two-a of this act shall take
    47  effect;
    48    (b-1) the amendments to subdivision 1 of section 236  of  the  vehicle
    49  and  traffic  law made by section two-a of this act shall not affect the
    50  expiration of such subdivision and shall be deemed to expire  therewith,
    51  when  upon  such  date the provisions of section two-b of this act shall
    52  take effect;
    53    (b-2) the amendments to subdivision 1 of section 236  of  the  vehicle
    54  and  traffic  law made by section two-b of this act shall not affect the
    55  expiration of such subdivision and shall be deemed to expire  therewith,

        S. 231                             47
     1  when  upon  such  date the provisions of section two-c of this act shall
     2  take effect;
     3    (b-3)  the  amendments  to subdivision 1 of section 236 of the vehicle
     4  and traffic law made by section two-c of this act shall not  affect  the
     5  expiration  of such subdivision and shall be deemed to expire therewith,
     6  when upon such date the provisions of section two-d of  this  act  shall
     7  take effect;
     8    (b-4)  the  amendments  to subdivision 1 of section 236 of the vehicle
     9  and traffic law made by section two-d of this act shall not  affect  the
    10  expiration  of such subdivision and shall be deemed to expire therewith,
    11  when upon such date the provisions of section two-e of  this  act  shall
    12  take effect;
    13    (b-5)  the  amendments  to subdivision 1 of section 236 of the vehicle
    14  and traffic law made by section two-e of this act shall not  affect  the
    15  expiration  of such subdivision and shall be deemed to expire therewith,
    16  when upon such date the provisions of section two-f of  this  act  shall
    17  take effect;
    18    (c)  the  amendments to paragraph f of subdivision 1 of section 239 of
    19  the vehicle and traffic law made by section four of this act  shall  not
    20  affect  the  expiration  of such paragraph and shall be deemed to expire
    21  therewith, when upon such date the provisions of section four-a of  this
    22  act shall take effect;
    23    (c-1) the amendments to paragraph f of subdivision 1 of section 239 of
    24  the vehicle and traffic law made by section four-a of this act shall not
    25  affect  the  expiration  of such paragraph and shall be deemed to expire
    26  therewith, when upon such date the provisions of section four-b of  this
    27  act shall take effect;
    28    (c-2) the amendments to paragraph f of subdivision 1 of section 239 of
    29  the vehicle and traffic law made by section four-b 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 four-c of  this
    32  act shall take effect;
    33    (c-3) the amendments to paragraph f of subdivision 1 of section 239 of
    34  the vehicle and traffic law made by section four-c of this act shall not
    35  affect  the  expiration  of such paragraph and shall be deemed to expire
    36  therewith, when upon such date the provisions of section four-d of  this
    37  act shall take effect;
    38    (c-4) the amendments to paragraph f of subdivision 1 of section 239 of
    39  the vehicle and traffic law made by section four-d of this act shall not
    40  affect  the  expiration  of such paragraph and shall be deemed to expire
    41  therewith, when upon such date the provisions of section four-e of  this
    42  act shall take effect;
    43    (c-5) the amendments to paragraph f of subdivision 1 of section 239 of
    44  the vehicle and traffic law made by section four-e of this act shall not
    45  affect  the  expiration  of such paragraph and shall be deemed to expire
    46  therewith, when upon such date the provisions of section four-f of  this
    47  act shall take effect;
    48    (d)  the  amendments  to  subdivisions 1 and 1-a of section 240 of the
    49  vehicle and traffic law made by section  five  of  this  act  shall  not
    50  affect the expiration of such subdivisions and shall be deemed to expire
    51  therewith,  when upon such date the provisions of section five-a of this
    52  act shall take effect;
    53    (d-1) the amendments to subdivisions 1 and 1-a of section 240  of  the
    54  vehicle  and  traffic  law  made by section five-a of this act shall not
    55  affect the expiration of such subdivisions and shall be deemed to expire

        S. 231                             48
     1  therewith, when upon such date the provisions of section five-b of  this
     2  act shall take effect;
     3    (d-2)  the  amendments to subdivisions 1 and 1-a of section 240 of the
     4  vehicle and traffic law made by section five-b of  this  act  shall  not
     5  affect the expiration of such subdivisions and shall be deemed to expire
     6  therewith,  when upon such date the provisions of section five-c of this
     7  act shall take effect;
     8    (d-3) the amendments to subdivisions 1 and 1-a of section 240  of  the
     9  vehicle  and  traffic  law  made by section five-c of this act shall not
    10  affect the expiration of such subdivisions and shall be deemed to expire
    11  therewith, when upon such date the provisions of section five-d of  this
    12  act shall take effect;
    13    (d-4)  the  amendments to subdivisions 1 and 1-a of section 240 of the
    14  vehicle and traffic law made by section five-d of  this  act  shall  not
    15  affect the expiration of such subdivisions and shall be deemed to expire
    16  therewith,  when upon such date the provisions of section five-e of this
    17  act shall take effect;
    18    (d-5) the amendments to subdivisions 1 and 1-a of section 240  of  the
    19  vehicle  and  traffic  law  made by section five-e of this act shall not
    20  affect the expiration of such subdivisions and shall be deemed to expire
    21  therewith, when upon such date the provisions of section five-f of  this
    22  act shall take effect;
    23    (e)  the  amendments to paragraphs a and g of subdivision 2 of section
    24  240 of the vehicle and traffic law made by section six of this act shall
    25  not affect the expiration of such paragraphs  and  shall  be  deemed  to
    26  expire therewith, when upon such date the provisions of section six-a of
    27  this act shall take effect;
    28    (e-1) the amendments to paragraphs a and g of subdivision 2 of section
    29  240  of  the  vehicle  and traffic law made by section six-a of this act
    30  shall not affect the expiration of such paragraphs and shall  be  deemed
    31  to expire therewith, when upon such date the provisions of section six-b
    32  of this act shall take effect;
    33    (e-2) the amendments to paragraphs a and g of subdivision 2 of section
    34  240  of  the  vehicle  and traffic law made by section six-b of this act
    35  shall not affect the expiration of such paragraphs and shall  be  deemed
    36  to expire therewith, when upon such date the provisions of section six-c
    37  of this act shall take effect;
    38    (e-3) the amendments to paragraphs a and g of subdivision 2 of section
    39  240  of  the  vehicle  and traffic law made by section six-c of this act
    40  shall not affect the expiration of such paragraphs and shall  be  deemed
    41  to expire therewith, when upon such date the provisions of section six-d
    42  of this act shall take effect;
    43    (e-4) the amendments to paragraphs a and g of subdivision 2 of section
    44  240  of  the  vehicle  and traffic law made by section six-d of this act
    45  shall not affect the expiration of such paragraphs and shall  be  deemed
    46  to expire therewith, when upon such date the provisions of section six-e
    47  of this act shall take effect;
    48    (e-5) the amendments to paragraphs a and g of subdivision 2 of section
    49  240  of  the  vehicle  and traffic law made by section six-e of this act
    50  shall not affect the expiration of such paragraphs and shall  be  deemed
    51  to expire therewith, when upon such date the provisions of section six-f
    52  of this act shall take effect;
    53    (f) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
    54  cle  and  traffic law made by section seven of this act shall not affect
    55  the expiration of such subdivisions and shall be deemed to expire there-

        S. 231                             49
     1  with, when upon such date the provisions of section seven-a of this  act
     2  shall take effect;
     3    (f-1)  the  amendments  to  subdivisions 1 and 2 of section 241 of the
     4  vehicle and traffic law made by section seven-a of this  act  shall  not
     5  affect the expiration of such subdivisions and shall be deemed to expire
     6  therewith, when upon such date the provisions of section seven-b of this
     7  act shall take effect;
     8    (f-2)  the  amendments  to  subdivisions 1 and 2 of section 241 of the
     9  vehicle and traffic law made by section seven-b of this  act  shall  not
    10  affect the expiration of such subdivisions and shall be deemed to expire
    11  therewith, when upon such date the provisions of section seven-c of this
    12  act shall take effect;
    13    (f-3)  the  amendments  to  subdivisions 1 and 2 of section 241 of the
    14  vehicle and traffic law made by section seven-c of this  act  shall  not
    15  affect the expiration of such subdivisions and shall be deemed to expire
    16  therewith, when upon such date the provisions of section seven-d of this
    17  act shall take effect;
    18    (f-4)  the  amendments  to  subdivisions 1 and 2 of section 241 of the
    19  vehicle and traffic law made by section seven-d of this  act  shall  not
    20  affect the expiration of such subdivisions and shall be deemed to expire
    21  therewith, when upon such date the provisions of section seven-e of this
    22  act shall take effect;
    23    (f-5)  the  amendments  to  subdivisions 1 and 2 of section 241 of the
    24  vehicle and traffic law made by section seven-e of this  act  shall  not
    25  affect the expiration of such subdivisions and shall be deemed to expire
    26  therewith, when upon such date the provisions of section seven-f of this
    27  act shall take effect;
    28    (g) the amendments to subdivision 1 of section 1809 of the vehicle and
    29  traffic  law made by section nine of this act shall not affect the expi-
    30  ration of such subdivision and shall be deemed to expire therewith, when
    31  upon such date the provisions of section nine-a of this act  shall  take
    32  effect;
    33    (g-1)  the  amendments to subdivision 1 of section 1809 of the vehicle
    34  and traffic law made by section nine-a of this act shall not affect  the
    35  expiration  of such subdivision and shall be deemed to expire therewith,
    36  when upon such date the provisions of section nine-b of this  act  shall
    37  take effect;
    38    (g-2)  the  amendments to subdivision 1 of section 1809 of the vehicle
    39  and traffic law made by section nine-b of this act shall not affect  the
    40  expiration  of such subdivision and shall be deemed to expire therewith,
    41  when upon such date the provisions of section nine-c of this  act  shall
    42  take effect;
    43    (g-3)  the  amendments to subdivision 1 of section 1809 of the vehicle
    44  and traffic law made by section nine-c of this act shall not affect  the
    45  expiration  of such subdivision and shall be deemed to expire therewith,
    46  when upon such date the provisions of section nine-d of this  act  shall
    47  take effect;
    48    (g-4)  the  amendments to subdivision 1 of section 1809 of the vehicle
    49  and traffic law made by section nine-d of this act shall not affect  the
    50  expiration  of such subdivision and shall be deemed to expire therewith,
    51  when upon such date the provisions of section nine-e of this  act  shall
    52  take effect;
    53    (g-5)  the  amendments to subdivision 1 of section 1809 of the vehicle
    54  and traffic law made by section nine-e of this act shall not affect  the
    55  expiration  of such subdivision and shall be deemed to expire therewith,

        S. 231                             50
     1  when upon such date the provisions of section nine-f of this  act  shall
     2  take effect;
     3    (g-6)  the  amendments to subdivision 1 of section 1809 of the vehicle
     4  and traffic law made by section nine-f of this act shall not affect  the
     5  expiration  of such subdivision and shall be deemed to expire therewith,
     6  when upon such date the provisions of section nine-g of this  act  shall
     7  take effect;
     8    (h)  the  amendments to paragraph a of subdivision 1 of section 1809-e
     9  of the vehicle and traffic law made by section ten of this act shall not
    10  affect the expiration of such paragraph and shall be  deemed  to  expire
    11  therewith,  when  upon such date the provisions of section ten-a of this
    12  act shall take effect;
    13    (h-1) the amendments to paragraph a of subdivision 1 of section 1809-e
    14  of the vehicle and traffic law made by section ten-a of this  act  shall
    15  not  affect  the  expiration  of  such  paragraph and shall be deemed to
    16  expire therewith, when upon such date the provisions of section ten-b of
    17  this act shall take effect;
    18    (h-2) the amendments to paragraph a of subdivision 1 of section 1809-e
    19  of the vehicle and traffic law made by section ten-b of this  act  shall
    20  not  affect  the  expiration  of  such  paragraph and shall be deemed to
    21  expire therewith, when upon such date the provisions of section ten-c of
    22  this act shall take effect;
    23    (h-3) the amendments to paragraph a of subdivision 1 of section 1809-e
    24  of the vehicle and traffic law made by section ten-c of this  act  shall
    25  not  affect  the  expiration  of  such  paragraph and shall be deemed to
    26  expire therewith, when upon such date the provisions of section ten-d of
    27  this act shall take effect;
    28    (h-4) the amendments to paragraph a of subdivision 1 of section 1809-e
    29  of the vehicle and traffic law made by section ten-d of this  act  shall
    30  not  affect  the  expiration  of  such  paragraph and shall be deemed to
    31  expire therewith, when upon such date the provisions of section ten-e of
    32  this act shall take effect;
    33    (h-5) the amendments to paragraph a of subdivision 1 of section 1809-e
    34  of the vehicle and traffic law made by section ten-e of this  act  shall
    35  not  affect  the  expiration  of  such  paragraph and shall be deemed to
    36  expire therewith, when upon such date the provisions of section ten-f of
    37  this act shall take effect;
    38    (i) the amendments to subparagraph (i) of paragraph a  of  subdivision
    39  5-a of section 401 of the vehicle and traffic law made by section eleven
    40  of  this act shall not affect the expiration of such paragraph and shall
    41  be deemed to expire therewith, when upon such  date  the  provisions  of
    42  section eleven-a of this act shall take effect;
    43    (i-1)  the amendments to paragraph a of subdivision 5-a of section 401
    44  of the vehicle and traffic law made by  section  eleven-a  of  this  act
    45  shall not affect the expiration of such paragraph and shall be deemed to
    46  expire therewith, when upon such date the provisions of section eleven-b
    47  of this act shall take effect;
    48    (i-2)  the amendments to paragraph a of subdivision 5-a of section 401
    49  of the vehicle and traffic law made by  section  eleven-b  of  this  act
    50  shall not affect the expiration of such paragraph and shall be deemed to
    51  expire therewith, when upon such date the provisions of section eleven-c
    52  of this act shall take effect;
    53    (i-3)  the amendments to paragraph a of subdivision 5-a of section 401
    54  of the vehicle and traffic law made by  section  eleven-c  of  this  act
    55  shall not affect the expiration of such paragraph and shall be deemed to

        S. 231                             51
     1  expire therewith, when upon such date the provisions of section eleven-d
     2  of this act shall take effect;
     3    (i-4)  the amendments to paragraph a of subdivision 5-a of section 401
     4  of the vehicle and traffic law made by  section  eleven-d  of  this  act
     5  shall not affect the expiration of such paragraph and shall be deemed to
     6  expire therewith, when upon such date the provisions of section eleven-e
     7  of this act shall take effect;
     8    (i-5)  the amendments to paragraph a of subdivision 5-a of section 401
     9  of the vehicle and traffic law made by  section  eleven-e  of  this  act
    10  shall not affect the expiration of such paragraph and shall be deemed to
    11  expire therewith, when upon such date the provisions of section eleven-f
    12  of this act shall take effect; and
    13    (i-6)  the amendments to paragraph a of subdivision 5-a of section 401
    14  of the vehicle and traffic law made by  section  eleven-f  of  this  act
    15  shall not affect the expiration of such paragraph and shall be deemed to
    16  expire therewith, when upon such date the provisions of section eleven-g
    17  of this act shall take effect.
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