Bill Text: NY S04682 | 2021-2022 | General Assembly | Amended
Bill Title: Establishes a demonstration program implementing speed violation monitoring systems in work zones by means of photo devices; relates to notices of liability and the adjudication of certain traffic infractions involving the use of photo monitoring devices.
Spectrum: Partisan Bill (Democrat 18-0)
Status: (Passed) 2021-09-06 - SIGNED CHAP.421 [S04682 Detail]
Download: New_York-2021-S04682-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 4682--B Cal. No. 765 2021-2022 Regular Sessions IN SENATE February 8, 2021 ___________ Introduced by Sens. KENNEDY, BAILEY, BRESLIN, COMRIE, GAUGHRAN, HARCK- HAM, JACKSON, KAMINSKY, KAPLAN, KAVANAGH, LIU, MYRIE, PERSAUD, RAMOS, REICHLIN-MELNICK, SALAZAR, SAVINO, SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Trans- portation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the vehicle and traffic law and the general municipal law, in relation to certain notices of liability; to repeal certain provisions of the vehicle and traffic law relating thereto; to amend the vehicle and traffic law and the public officers law, in relation to establishing a demonstration program implementing speed violation monitoring systems in work 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. Section 235 of the vehicle and traffic law is REPEALED and 2 a new section 235 is added to read as follows: 3 § 235. Jurisdiction. 1. Notwithstanding any inconsistent provision of 4 any general, special or local law or administrative code to the contra- 5 ry, in any city which heretofore or hereafter is authorized to establish 6 an administrative tribunal: (a) to hear and determine complaints of 7 traffic infractions constituting parking, standing or stopping 8 violations, or (b) to adjudicate the liability of owners for violations 9 of subdivision (d) of section eleven hundred eleven of this chapter 10 imposed pursuant to a local law or ordinance imposing monetary liability 11 on the owner of a vehicle for failure of an operator thereof to comply 12 with traffic-control indications through the installation and operation 13 of traffic-control signal photo violation-monitoring systems, in accord- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02181-08-1S. 4682--B 2 1 ance with article twenty-four of this chapter, or (c) to adjudicate the 2 liability of owners for violations of subdivision (b), (c), (d), (f) or 3 (g) of section eleven hundred eighty of this chapter imposed pursuant to 4 a demonstration program imposing monetary liability on the owner of a 5 vehicle for failure of an operator thereof to comply with such posted 6 maximum speed limits through the installation and operation of photo 7 speed violation monitoring systems, in accordance with article thirty of 8 this chapter, or (d) to adjudicate the liability of owners for 9 violations of bus lane restrictions as defined by article twenty-four of 10 this chapter imposed pursuant to a bus rapid transit program imposing 11 monetary liability on the owner of a vehicle for failure of an operator 12 thereof to comply with such bus lane restrictions through the installa- 13 tion and operation of bus lane photo devices, in accordance with article 14 twenty-four of this chapter, or (e) to adjudicate the liability of 15 owners for violations of toll collection regulations imposed by certain 16 public authorities pursuant to the law authorizing such public authori- 17 ties to impose monetary liability on the owner of a vehicle for failure 18 of an operator thereof to comply with toll collection regulations of 19 such public authorities through the installation and operation of 20 photo-monitoring systems, in accordance with the provisions of section 21 two thousand nine hundred eighty-five of the public authorities law and 22 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred 23 seventy-four of the laws of nineteen hundred fifty, or (f) to adjudicate 24 the liability of owners for violations of section eleven hundred seven- 25 ty-four of this chapter when meeting a school bus marked and equipped as 26 provided in subdivisions twenty and twenty-one-c of section three 27 hundred seventy-five of this chapter imposed pursuant to a local law or 28 ordinance imposing monetary liability on the owner of a vehicle for 29 failure of an operator thereof to comply with school bus red visual 30 signals through the installation and operation of school bus photo 31 violation monitoring systems, in accordance with article twenty-nine of 32 this chapter, or (g) to adjudicate the liability of owners for 33 violations of subdivision (b), (d), (f) or (g) of section eleven hundred 34 eighty of this chapter imposed pursuant to a demonstration program 35 imposing monetary liability on the owner of a vehicle for failure of an 36 operator thereof to comply with such posted maximum speed limits within 37 a highway construction or maintenance work area through the installation 38 and operation of photo speed violation monitoring systems, in accordance 39 with article thirty of this chapter, such tribunal and the rules and 40 regulations pertaining thereto shall be constituted in substantial 41 conformance with the following sections. 42 2. Notwithstanding any inconsistent provision of any general, special 43 or local law or administrative code to the contrary, any city with a 44 population in excess of one hundred thousand persons according to the 45 nineteen hundred eighty United States census hereinafter referred to as 46 a city shall provide notice of parking violations and of the imposition 47 of additional penalties whenever the person who is liable therefor fails 48 to respond to the parking ticket in the manner designated thereon. Such 49 notice shall be in substantial conformance with the following 50 provisions: 51 a. Notice. (1) Whenever a city issues a notice of violation for a 52 parking violation, it shall be served in the manner prescribed by subdi- 53 vision two of section two hundred thirty-eight of this article. 54 (2) Whenever a person has been issued a notice of violation for a 55 parking violation and has not responded in the manner described in the 56 notice, a city shall give the owner a second notice of the violation byS. 4682--B 3 1 regular first class mail: (i) within forty days of issuance of the first 2 notice of violation for a parking violation where the vehicle is a vehi- 3 cle registered in this state; or (ii) within forty days of the receipt 4 by such city of the name and address of the owner of the vehicle where 5 the vehicle is a vehicle registered in any other state. Such second 6 notice shall include, but not be limited to, the following information: 7 (A) that the owner has a period of twenty days from issuance of the 8 second notice in which to respond to the notice of violation for a park- 9 ing violation; 10 (B) that failure to respond to the notice of violation for a parking 11 violation may result in the suspension and non-renewal of the owner's 12 registration; 13 (C) that failure to respond to the notice of violation for a parking 14 violation may subject the owner to additional penalties as provided in 15 paragraph b of this subdivision; 16 (D) that failure to respond to the notice of violation for a parking 17 violation shall subject the owner to a default judgment as provided in 18 paragraph c of this subdivision and the additional penalties imposed 19 upon parking violations pursuant to paragraph b of this subdivision; and 20 (E) that submission of a plea of guilty to the parking violation makes 21 the owner liable for payment of the stated fine and additional penalties 22 imposed pursuant to paragraph b of this subdivision and the mandatory 23 surcharge of fifteen dollars imposed upon parking violations pursuant to 24 section eighteen hundred nine-a of this chapter. 25 b. Additional penalties. (1) For the purposes of this paragraph, each 26 locality shall determine an initial response date of not less than eight 27 days nor more than thirty days, after which time a penalty may be 28 imposed. The liability for such initial penalty shall commence on the 29 date following the initial response date. 30 (2) Failure to respond to a notice of violation for a parking 31 violation by the initial response date may result in the liability for a 32 penalty in an amount of the fine indicated on the notice of violation 33 for a parking violation; where a city has given a second notice pursuant 34 to paragraph a of this subdivision, the following schedule of additional 35 penalties may apply: 36 (A) failure to respond to a notice of violation for a parking 37 violation by the initial response date may result in the liability for 38 an additional penalty not to exceed ten dollars or, if the first penalty 39 assessed by a city does not exceed five dollars, such city may assess an 40 additional penalty within thirty-one to seventy-five days not to exceed 41 ten dollars; and 42 (B) where a city has given a second notice pursuant to paragraph a of 43 this subdivision failure to respond to a notice of violation for a park- 44 ing violation within seventy-five days may result in the liability, 45 commencing on the seventy-sixth day, for an additional penalty not to 46 exceed twenty dollars. 47 (3) Where the additional penalty schedule set forth in subparagraph 48 two of this paragraph, as interpreted in 9 New York Code of Rules and 49 Regulations Part 6180, has not been implemented by a city and is not in 50 effect in such city on or before January first, nineteen hundred nine- 51 ty-three, the provisions of this paragraph shall not apply. For the 52 purposes of this subdivision, the provisions of this paragraph shall not 53 be considered to have been implemented and in effect unless the penalty 54 schedule contained herein shall have been applied to parking violations 55 issued in such city on or before January first, nineteen hundred nine- 56 ty-three.S. 4682--B 4 1 b-1. Alternate additional penalty schedule. In any city in which the 2 schedule of penalties contained in subparagraph two of paragraph b of 3 this subdivision, as interpreted in 9 New York Code of Rules and Regu- 4 lations Part 6180, has not been implemented and was not in effect on or 5 before January first, nineteen hundred ninety-three, the provisions of 6 this paragraph shall only apply upon enactment of a local law containing 7 the penalty schedule provided in this paragraph prior to March 28, 1993. 8 Following the enactment of such a local law, such city may elect to 9 impose the additional penalties set forth in subparagraphs one and two 10 of this paragraph for failure to respond to a notice of violation for a 11 parking violation in accordance with this paragraph. In the event that 12 no such local law was enacted prior to March 28, 1993, the alternate 13 additional penalty schedule set forth in paragraph b-2 of this subdivi- 14 sion shall apply. 15 (1) Failure to respond to a notice of violation for a parking 16 violation within thirty days shall result in liability, commencing on 17 the thirty-first day, for an additional penalty in an amount not to 18 exceed ten dollars, indicated on the notice of violation for a parking 19 violation; where a city has given a second notice pursuant to paragraph 20 a of this subdivision failure to respond to a notice of violation for a 21 parking violation within forty-five days may result in liability, 22 commencing on the forty-sixth day, for the penalty prescribed above for 23 failure to respond within thirty days and an additional penalty not to 24 exceed twenty dollars; and where a city has given a second notice pursu- 25 ant to paragraph a of this subdivision failure to respond to a notice of 26 violation for a parking violation within seventy-five days may result in 27 liability, commencing on the seventy-sixth day, for the penalties 28 prescribed above for failure to respond within thirty days and for fail- 29 ure to respond within forty-five days and an additional penalty not to 30 exceed thirty dollars. 31 (2) Notwithstanding the foregoing schedule of alternative additional 32 penalties, if an owner makes a plea or appears within twenty days after 33 issuance of a second notice of violation in accordance with paragraph a 34 of this subdivision, or prior to such mailing, such additional penalty 35 shall not exceed ten dollars. 36 b-2. Alternate additional penalty schedule. In any city in which the 37 schedule of penalties contained in paragraph b of this subdivision, as 38 interpreted in 9 New York Code of Rules and Regulations Part 6180, has 39 not been implemented and was not in effect on or before January first, 40 nineteen hundred ninety-three and which has not enacted a local law 41 pursuant to paragraph b-1 of this subdivision prior to March 28, 1993, 42 the following alternate additional penalty schedule shall apply: 43 (1) Failure to respond to a notice of violation for a parking 44 violation within eight days may result in the liability, commencing on 45 the ninth day, for an additional penalty in an amount not to exceed five 46 dollars; 47 (2) Failure to respond to a notice of violation for a parking 48 violation within thirty days may result in the liability, commencing on 49 the thirty-first day, for the penalty prescribed above for failure to 50 respond within eight days and an additional penalty not to exceed ten 51 dollars or, if the first penalty assessed by the city does not exceed 52 five dollars, such city may assess an additional penalty within thirty- 53 one to seventy-five days not to exceed ten dollars; 54 (3) Where a city has given a second notice pursuant to paragraph a of 55 this subdivision failure to respond to a notice of violation for a park- 56 ing violation within seventy-five days may result in the liability,S. 4682--B 5 1 commencing on the seventy-sixth day, for the penalties prescribed above 2 for failure to respond within eight days and for failure to respond 3 within thirty days and an additional penalty not to exceed twenty 4 dollars; and 5 (4) Notwithstanding the foregoing schedule of alternate penalties, if 6 an owner makes a plea or appears within twenty days after issuance of a 7 second notice of violation in accordance with paragraph a of this subdi- 8 vision, or prior to such mailing, such additional penalty shall not 9 exceed five dollars. 10 c. Default judgment. Where a city has given notice pursuant to para- 11 graph a of this subdivision, failure to respond to a notice of violation 12 for a parking violation within ninety days shall be deemed an admission 13 of liability and shall subject the owner to a default judgment being 14 entered thereon in an amount not greater than the amount of the original 15 fine and accrued penalties plus any applicable surcharges. Such default 16 shall be reported to the department which department shall cause a 17 suspension and non-renewal of the owner's registration pursuant to the 18 provisions of subdivision four-c of section five hundred ten of this 19 chapter. 20 3. Nothing set forth in this article shall be construed to authorize 21 the imposition of monetary liability on the owner of a vehicle for fail- 22 ure of an operator thereof to comply with any provision of law, rule or 23 regulation through the installation and operation of a photo enforcement 24 device or system, except as otherwise explicitly authorized by article 25 twenty-four, twenty-nine or thirty of this chapter, by section two thou- 26 sand nine hundred eighty-five of the public authorities law, or by 27 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred 28 seventy-four of the laws of nineteen hundred fifty, nor be construed to 29 grant any municipality the authority to establish by local law, ordi- 30 nance, order, rule, regulation, resolution or any other means, an admin- 31 istrative tribunal to hear and determine complaints of traffic infrac- 32 tions or jurisdiction to adjudicate any liability set forth in 33 subdivision one of this section. 34 § 2. Subdivision 1 of section 236 of the vehicle and traffic law is 35 REPEALED and a new subdivision 1 is added to read as follows: 36 1. Creation. In any city as hereinbefore or hereafter authorized such 37 tribunal when created shall be known as the parking violations bureau 38 and shall have jurisdiction of traffic infractions which constitute a 39 parking violation and, where authorized: (a) to adjudicate the liability 40 of owners for violations of subdivision (d) of section eleven hundred 41 eleven of this chapter imposed pursuant to a local law or ordinance 42 imposing monetary liability on the owner of a vehicle for failure of an 43 operator thereof to comply with traffic-control indications through the 44 installation and operation of traffic-control signal photo violation- 45 monitoring systems, in accordance with article twenty-four of this chap- 46 ter, or (b) to adjudicate the liability of owners for violations of 47 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty 48 of this chapter imposed pursuant to a demonstration program imposing 49 monetary liability on the owner of a vehicle for failure of an operator 50 thereof to comply with such posted maximum speed limits through the 51 installation and operation of photo speed violation monitoring systems, 52 in accordance with article thirty of this chapter, or (c) to adjudicate 53 the liability of owners for violations of bus lane restrictions as 54 defined by article twenty-four of this chapter imposed pursuant to a bus 55 rapid transit program imposing monetary liability on the owner of a 56 vehicle for failure of an operator thereof to comply with such bus laneS. 4682--B 6 1 restrictions through the installation and operation of bus lane photo 2 devices, in accordance with article twenty-four of this chapter, or (d) 3 to adjudicate the liability of owners for violations of toll collection 4 regulations imposed by certain public authorities pursuant to the law 5 authorizing such public authorities to impose monetary liability on the 6 owner of a vehicle for failure of an operator thereof to comply with 7 toll collection regulations of such public authorities through the 8 installation and operation of photo-monitoring systems, in accordance 9 with the provisions of section two thousand nine hundred eighty-five of 10 the public authorities law and sections sixteen-a, sixteen-b and 11 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen 12 hundred fifty, or (e) to adjudicate the liability of owners for 13 violations of section eleven hundred seventy-four of this chapter when 14 meeting a school bus marked and equipped as provided in subdivisions 15 twenty and twenty-one-c of section three hundred seventy-five of this 16 chapter imposed pursuant to a local law or ordinance imposing monetary 17 liability on the owner of a vehicle for failure of an operator thereof 18 to comply with school bus red visual signals through the installation 19 and operation of school bus photo violation monitoring systems, in 20 accordance with article twenty-nine of this chapter, or (f) to adjudi- 21 cate the liability of owners for violations of subdivision (b), (d), (f) 22 or (g) of section eleven hundred eighty of this chapter imposed pursuant 23 to a demonstration program imposing monetary liability on the owner of a 24 vehicle for failure of an operator thereof to comply with such posted 25 maximum speed limits within a highway construction or maintenance work 26 area through the installation and operation of photo speed violation 27 monitoring systems, in accordance with article thirty of this chapter. 28 Such tribunal, except in a city with a population of one million or 29 more, shall also have jurisdiction of abandoned vehicle violations. For 30 the purposes of this article, a parking violation is the violation of 31 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 § 3. Paragraph f of subdivision 1 of section 239 of the vehicle and 37 traffic law is REPEALED and a new paragraph f is added to read as 38 follows: 39 f. "Notice of violation" means a notice of violation as defined in 40 subdivision nine of section two hundred thirty-seven of this article, 41 but shall not be deemed to include a notice of liability issued pursuant 42 to authorization set forth in articles twenty-four, twenty-nine and 43 thirty of this chapter, section two thousand nine hundred eighty-five of 44 the public authorities law and sections sixteen-a, sixteen-b and 45 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen 46 hundred fifty to impose monetary liability on the owner of a vehicle for 47 failure of an operator thereof: to comply with traffic-control indi- 48 cations in violation of subdivision (d) of section eleven hundred eleven 49 of this chapter through the installation and operation of traffic-con- 50 trol signal photo violation-monitoring systems, in accordance with arti- 51 cle twenty-four of this chapter; or to comply with certain posted maxi- 52 mum speed limits in violation of subdivision (b), (c), (d), (f) or (g) 53 of section eleven hundred eighty of this chapter through the installa- 54 tion and operation of photo speed violation monitoring systems, in 55 accordance with article thirty of this chapter; or to comply with bus 56 lane restrictions as defined by article twenty-four of this chapterS. 4682--B 7 1 through the installation and operation of bus lane photo devices, in 2 accordance with article twenty-four of this chapter; or to comply with 3 toll collection regulations of certain public authorities through the 4 installation and operation of photo-monitoring systems, in accordance 5 with the provisions of section two thousand nine hundred eighty-five of 6 the public authorities law and sections sixteen-a, sixteen-b and 7 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen 8 hundred fifty; or to stop for a school bus displaying a red visual 9 signal in violation of section eleven hundred seventy-four of this chap- 10 ter through the installation and operation of school bus photo violation 11 monitoring systems, in accordance with article twenty-nine of this chap- 12 ter, or to comply with certain posted maximum speed limits in violation 13 of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of 14 this chapter within a highway construction or maintenance work area 15 through the installation and operation of photo speed violation monitor- 16 ing systems, in accordance with article thirty of this chapter. 17 § 4. Subdivisions 1 and 1-a of section 240 of the vehicle and traffic 18 law are REPEALED and two new subdivisions 1 and 1-a are added to read as 19 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 any provisions of law specifically authorizing the 23 imposition of monetary liability on the owner of a vehicle for failure 24 of an operator thereof: to comply with traffic-control indications in 25 violation of subdivision (d) of section eleven hundred eleven of this 26 chapter through the installation and operation of traffic-control signal 27 photo violation-monitoring systems, in accordance with article twenty- 28 four of this chapter; or to comply with certain posted maximum speed 29 limits in violation of subdivision (b), (c), (d), (f) or (g) of section 30 eleven hundred eighty of this chapter through the installation and oper- 31 ation of photo speed violation monitoring systems, in accordance with 32 article thirty of this chapter; or to comply with bus lane restrictions 33 as defined by article twenty-four of this chapter through the installa- 34 tion and operation of bus lane photo devices, in accordance with article 35 twenty-four of this chapter; or to comply with toll collection regu- 36 lations of certain public authorities through the installation and oper- 37 ation of photo-monitoring systems, in accordance with the provisions of 38 section two thousand nine hundred eighty-five of the public authorities 39 law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven 40 hundred seventy-four of the laws of nineteen hundred fifty; or to stop 41 for a school bus displaying a red visual signal in violation of section 42 eleven hundred seventy-four of this chapter through the installation and 43 operation of school bus photo violation monitoring systems, in accord- 44 ance with article twenty-nine of this chapter, or to comply with certain 45 posted maximum speed limits in violation of subdivision (b), (d), (f) or 46 (g) of section eleven hundred eighty of this chapter within a highway 47 construction or maintenance work area through the installation and oper- 48 ation of photo speed violation monitoring systems, in accordance with 49 article thirty of this chapter, contests such allegation, the bureau 50 shall advise such person personally by such form of first class mail as 51 the director may direct of the date on which he or she must appear to 52 answer the charge at a hearing. The form and content of such notice of 53 hearing shall be prescribed by the director, and shall contain a warning 54 to advise the person so pleading or contesting that failure to appear on 55 the date designated, or on any subsequent adjourned date, shall beS. 4682--B 8 1 deemed an admission of liability, and that a default judgment may be 2 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 provisions of law specifically authorizing the impo- 6 sition of monetary liability on the owner of a vehicle for failure of an 7 operator thereof: to comply with traffic-control indications in 8 violation of subdivision (d) of section eleven hundred eleven of this 9 chapter through the installation and operation of traffic-control signal 10 photo violation-monitoring systems, in accordance with article twenty- 11 four of this chapter; or to comply with certain posted maximum speed 12 limits in violation of subdivision (b), (c), (d), (f) or (g) of section 13 eleven hundred eighty of this chapter through the installation and oper- 14 ation of photo speed violation monitoring systems, in accordance with 15 article thirty of this chapter; or to comply with bus lane restrictions 16 as defined by article twenty-four of this chapter through the installa- 17 tion and operation of bus lane photo devices, in accordance with article 18 twenty-four of this chapter; or to comply with toll collection regu- 19 lations of certain public authorities through the installation and oper- 20 ation of photo-monitoring systems, in accordance with the provisions of 21 section two thousand nine hundred eighty-five of the public authorities 22 law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven 23 hundred seventy-four of the laws of nineteen hundred fifty; or to stop 24 for a school bus displaying a red visual signal in violation of section 25 eleven hundred seventy-four of this chapter through the installation and 26 operation of school bus photo violation monitoring systems, in accord- 27 ance with article twenty-nine of this chapter, or to comply with certain 28 posted maximum speed limits in violation of subdivision (b), (d), (f) or 29 (g) of section eleven hundred eighty of this chapter within a highway 30 construction or maintenance work area through the installation and oper- 31 ation of photo speed violation monitoring systems, in accordance with 32 article thirty of this chapter, is being contested, by a person in a 33 timely fashion and a hearing upon the merits has been demanded, but has 34 not yet been held, the bureau shall not issue any notice of fine or 35 penalty to that person prior to the date of the hearing. 36 § 5. Paragraphs a and g of subdivision 2 of section 240 of the vehicle 37 and traffic law are REPEALED and two new paragraphs a and g are added to 38 read as follows: 39 a. Every hearing for the adjudication of a charge of parking violation 40 or an allegation of liability of an owner for a violation of subdivision 41 (d) of section eleven hundred eleven of this chapter imposed pursuant to 42 a local law or ordinance imposing monetary liability on the owner of a 43 vehicle for failure of an operator thereof to comply with traffic-con- 44 trol indications through the installation and operation of traffic-con- 45 trol signal photo violation-monitoring systems, in accordance with arti- 46 cle twenty-four of this chapter, or an allegation of liability of an 47 owner for a violation of subdivision (b), (c), (d), (f) or (g) of 48 section eleven hundred eighty of this chapter imposed pursuant to a 49 demonstration program imposing monetary liability on the owner of a 50 vehicle for failure of an operator thereof to comply with certain posted 51 maximum speed limits through the installation and operation of photo 52 speed violation monitoring systems, in accordance with article thirty of 53 this chapter, or an allegation of liability of an owner for a violation 54 of bus lane restrictions as defined by article twenty-four of this chap- 55 ter imposed pursuant to a bus rapid transit program imposing monetary 56 liability on the owner of a vehicle for failure of an operator thereofS. 4682--B 9 1 to comply with such bus lane restrictions through the installation and 2 operation of bus lane photo devices, in accordance with article twenty- 3 four of this chapter, or an allegation of liability of an owner for a 4 violation of toll collection regulations imposed by certain public 5 authorities pursuant to the law authorizing such public authorities to 6 impose monetary liability on the owner of a vehicle for failure of an 7 operator thereof to comply with toll collection regulations of such 8 public authorities through the installation and operation of photo-moni- 9 toring systems, in accordance with the provisions of section two thou- 10 sand nine hundred eighty-five of the public authorities law and sections 11 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four 12 of the laws of nineteen hundred fifty, or an allegation of liability of 13 an owner for a violation of section eleven hundred seventy-four of this 14 chapter when meeting a school bus marked and equipped as provided in 15 subdivisions twenty and twenty-one-c of section three hundred seventy- 16 five of this chapter imposed pursuant to a local law or ordinance impos- 17 ing monetary liability on the owner of a vehicle for failure of an oper- 18 ator thereof to comply with school bus red visual signals through the 19 installation and operation of school bus photo violation monitoring 20 systems, in accordance with article twenty-nine of this chapter, or an 21 allegation of liability of an owner for a violation of subdivision (b), 22 (d), (f) or (g) of section eleven hundred eighty of this chapter imposed 23 pursuant to a demonstration program imposing monetary liability on the 24 owner of a vehicle for failure of an operator thereof to comply with 25 certain posted maximum speed limits within a highway construction or 26 maintenance work area through the installation and operation of photo 27 speed violation monitoring systems, in accordance with article thirty of 28 this chapter, shall be held before a hearing examiner in accordance with 29 rules and regulations promulgated by the bureau. 30 g. A record shall be made of a hearing on a plea of not guilty or of a 31 hearing at which liability in accordance with any provisions of law 32 specifically authorizing the imposition of monetary liability on the 33 owner of a vehicle for failure of an operator thereof: to comply with 34 traffic-control indications in violation of subdivision (d) of section 35 eleven hundred eleven of this chapter through the installation and oper- 36 ation of traffic-control signal photo violation-monitoring systems, in 37 accordance with article twenty-four of this chapter; to comply with 38 certain posted maximum speed limits in violation of subdivision (b), 39 (c), (d), (f) or (g) of section eleven hundred eighty of this chapter 40 through the installation and operation of photo speed violation monitor- 41 ing systems, in accordance with article thirty of this chapter; to 42 comply with bus lane restrictions as defined by article twenty-four of 43 this chapter through the installation and operation of bus lane photo 44 devices, in accordance with article twenty-four of this chapter; to 45 comply with toll collection regulations of certain public authorities 46 through the installation and operation of photo-monitoring systems, in 47 accordance with the provisions of section two thousand nine hundred 48 eighty-five of the public authorities law and sections sixteen-a, 49 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the 50 laws of nineteen hundred fifty; or to stop for a school bus displaying a 51 red visual signal in violation of section eleven hundred seventy-four of 52 this chapter through the installation and operation of school bus photo 53 violation monitoring systems, in accordance with article twenty-nine of 54 this chapter, or to comply with certain posted maximum speed limits in 55 violation of subdivision (b), (d), (f) or (g) of section eleven hundred 56 eighty of this chapter within a highway construction or maintenance workS. 4682--B 10 1 area through the installation and operation of photo speed violation 2 monitoring systems, in accordance with article thirty of this chapter, 3 is contested. Recording devices may be used for the making of the 4 record. 5 § 6. Subdivisions 1 and 2 of section 241 of the vehicle and traffic 6 law are REPEALED and two new subdivisions 1 and 2 are added to read as 7 follows: 8 1. The hearing examiner shall make a determination on the charges, 9 either sustaining or dismissing them. Where the hearing examiner deter- 10 mines that the charges have been sustained he or she may examine either 11 the prior parking violations record or the record of liabilities 12 incurred in accordance with any provisions of law specifically authoriz- 13 ing the imposition of monetary liability on the owner of a vehicle for 14 failure of an operator thereof: to comply with traffic-control indi- 15 cations in violation of subdivision (d) of section eleven hundred eleven 16 of this chapter through the installation and operation of traffic-con- 17 trol signal photo violation-monitoring systems, in accordance with 18 article twenty-four of this chapter; to comply with certain posted maxi- 19 mum speed limits in violation of subdivision (b), (c), (d), (f) or (g) 20 of section eleven hundred eighty of this chapter through the instal- 21 lation and operation of photo speed violation monitoring systems, in 22 accordance with article thirty of this chapter; to comply with bus lane 23 restrictions as defined by article twenty-four of this chapter through 24 the installation and operation of bus lane photo devices, in accordance 25 with article twenty-four of this chapter; to comply with toll 26 collection regulations of certain public authorities through the instal- 27 lation and operation of photo-monitoring systems, in accordance with the 28 provisions of section two thousand nine hundred eighty-five of the 29 public authorities law and sections sixteen-a, sixteen-b and sixteen-c 30 of chapter seven hundred seventy-four of the laws of nineteen hundred 31 fifty; or to stop for a school bus displaying a red visual signal in 32 violation of section eleven hundred seventy-four of this chapter through 33 the installation and operation of school bus photo violation monitoring 34 systems, in accordance with article twenty-nine of this chapter, or to 35 comply with certain posted maximum speed limits in violation of subdivi- 36 sion (b), (d), (f) or (g) of section eleven hundred eighty of this chap- 37 ter within a highway construction or maintenance work area through the 38 installation and operation of photo speed violation monitoring systems, 39 in accordance with article thirty of this chapter, of the person 40 charged, as applicable prior to rendering a final determination. Final 41 determinations sustaining or dismissing charges shall be entered on a 42 final determination roll maintained by the bureau together with 43 records showing payment and nonpayment of penalties. 44 2. Where an operator or owner fails to enter a plea to a charge of a 45 parking violation or contest an allegation of liability in accordance 46 with any provisions of law specifically authorizing the imposition of 47 monetary liability on the owner of a vehicle for failure of an operator 48 thereof: to comply with traffic-control indications in violation of 49 subdivision (d) of section eleven hundred eleven of this chapter through 50 the installation and operation of traffic-control signal photo viola- 51 tion-monitoring systems, in accordance with article twenty-four of this 52 chapter; to comply with certain posted maximum speed limits in 53 violation of subdivision (b), (c), (d), (f) or (g) of section eleven 54 hundred eighty of this chapter through the installation and operation of 55 photo speed violation monitoring systems, in accordance with article 56 thirty of this chapter; to comply with bus lane restrictions as definedS. 4682--B 11 1 by article twenty-four of this chapter through the installation and 2 operation of bus lane photo devices, in accordance with article twenty- 3 four of this chapter; to comply with toll collection regulations of 4 certain public authorities through the installation and operation of 5 photo-monitoring systems, in accordance with the provisions of section 6 two thousand nine hundred eighty-five of the public authorities law and 7 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred 8 seventy-four of the laws of nineteen hundred fifty; to stop for a school 9 bus displaying a red visual signal in violation of section eleven 10 hundred seventy-four of this chapter through the installation and opera- 11 tion of school bus photo violation monitoring systems, in accordance 12 with article twenty-nine of this chapter, or to comply with certain 13 posted maximum speed limits in violation of subdivision (b), (d), (f) or 14 (g) of section eleven hundred eighty of this chapter within a highway 15 construction or maintenance work area through the installation and oper- 16 ation of photo speed violation monitoring systems, in accordance with 17 article thirty of this chapter, or fails to appear on a designated hear- 18 ing date or subsequent adjourned date or fails after a hearing to 19 comply with the determination of a hearing examiner, as prescribed 20 by this article or by rule or regulation of the bureau, such failure to 21 plead or contest, appear or comply shall be deemed, for all purposes, 22 an admission of liability and shall be grounds for rendering and 23 entering a default judgment in an amount provided by the rules and 24 regulations of the bureau. However, after the expiration of the 25 original date prescribed for entering a plea and before a default 26 judgment may be rendered, in such case the bureau shall pursuant to 27 the applicable provisions of law notify such operator or owner, by 28 such form of first class mail as the commission may direct; (1) of the 29 violation charged, or liability alleged in accordance with any 30 provisions of law specifically authorizing the imposition of monetary 31 liability on the owner of a vehicle for failure of an operator thereof: 32 to comply with traffic-control indications in violation of subdivision 33 (d) of section eleven hundred eleven of this chapter through the 34 installation and operation of traffic-control signal photo violation- 35 monitoring systems, in accordance with article twenty-four of this 36 chapter; to comply with certain posted maximum speed limits in 37 violation of subdivision (b), (c), (d), (f) or (g) of section eleven 38 hundred eighty of this chapter through the installation and operation of 39 photo speed violation monitoring systems, in accordance with article 40 thirty of this chapter; to comply with bus lane restrictions as defined 41 by article twenty-four of this chapter through the installation and 42 operation of bus lane photo devices, in accordance with article twenty- 43 four of this chapter; to comply with toll collection regulations of 44 certain public authorities through the installation and operation of 45 photo-monitoring systems, in accordance with the provisions of section 46 two thousand nine hundred eighty-five of the public authorities law and 47 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred 48 seventy-four of the laws of nineteen hundred fifty; to stop for a school 49 bus displaying a red visual signal in violation of section eleven 50 hundred seventy-four of this chapter through the installation and opera- 51 tion of school bus photo violation monitoring systems, in accordance 52 with article twenty-nine of this chapter, or to comply with certain 53 posted maximum speed limits in violation of subdivision (b), (d), (f) or 54 (g) of section eleven hundred eighty of this chapter within a highway 55 construction or maintenance work area through the installation and oper- 56 ation of photo speed violation monitoring systems, in accordance withS. 4682--B 12 1 article thirty of this chapter, (2) of the impending default judgment, 2 (3) that such judgment will be entered in the Civil Court of the city in 3 which the bureau has been established, or other court of civil jurisdic- 4 tion or any other place provided for the entry of civil judgments within 5 the state of New York, and (4) that a default may be avoided by entering 6 a plea or contesting an allegation of liability in accordance with any 7 provisions of law specifically authorizing the imposition of monetary 8 liability on the owner of a vehicle for failure of an operator thereof: 9 to comply with traffic-control indications in violation of subdivi- 10 sion (d) of section eleven hundred eleven of this chapter through the 11 installation and operation of traffic-control signal photo violation- 12 monitoring systems, in accordance with article twenty-four of this 13 chapter; to comply with certain posted maximum speed limits in 14 violation of subdivision (b), (c), (d), (f) or (g) of section eleven 15 hundred eighty of this chapter through the installation and operation 16 of photo speed violation monitoring systems, in accordance with arti- 17 cle thirty of this chapter; to comply with bus lane restrictions as 18 defined by article twenty-four of this chapter through the installation 19 and operation of bus lane photo devices, in accordance with article 20 twenty-four of this chapter; to comply with toll collection regulations 21 of certain public authorities through the installation and operation of 22 photo-monitoring systems, in accordance with the provisions of section 23 two thousand nine hundred eighty-five of the public authorities law and 24 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred 25 seventy-four of the laws of nineteen hundred fifty; to stop for a school 26 bus displaying a red visual signal in violation of section eleven 27 hundred seventy-four of this chapter through the installation and opera- 28 tion of school bus photo violation monitoring systems, in accordance 29 with article twenty-nine of this chapter, or to comply with certain 30 posted maximum speed limits in violation of subdivision (b), (d), (f) or 31 (g) of section eleven hundred eighty of this chapter within a highway 32 construction or maintenance work area through the installation and oper- 33 ation of photo speed violation monitoring systems, in accordance with 34 article thirty of this chapter, or making an appearance within thirty 35 days of the sending of such notice. Pleas entered and allegations 36 contested within that period shall be in the manner prescribed in the 37 notice and not subject to additional penalty or fee. Such notice of 38 impending default judgment shall not be required prior to the rendering 39 and entry thereof in the case of operators or owners who are non-resi- 40 dents of the state of New York. In no case shall a default judgment be 41 rendered or, where required, a notice of impending default judgment be 42 sent, more than two years after the expiration of the time prescribed 43 for entering a plea or contesting an allegation. When a person has 44 demanded a hearing, no fine or penalty shall be imposed for any reason, 45 prior to the holding of the hearing. If the hearing examiner shall make 46 a determination on the charges, sustaining them, he or she shall 47 impose no greater penalty or fine than those upon which the person was 48 originally charged. 49 § 7. Paragraph a of subdivision 5-a of section 401 of the vehicle and 50 traffic law is REPEALED and a new paragraph a is added to read as 51 follows: 52 a. (i) If at the time of application for a registration or renewal 53 thereof there is a certification from a court, parking violations 54 bureau, traffic and parking violations agency or administrative tribunal 55 of appropriate jurisdiction that the registrant or his or her represen- 56 tative failed to appear on the return date or any subsequent adjournedS. 4682--B 13 1 date or failed to comply with the rules and regulations of an adminis- 2 trative tribunal following entry of a final decision in response to a 3 total of three or more summonses or other process in the aggregate, 4 issued within an eighteen month period, charging either that: (i) such 5 motor vehicle was parked, stopped or standing, or that such motor vehi- 6 cle was operated for hire by the registrant or his or her agent without 7 being licensed as a motor vehicle for hire by the appropriate local 8 authority, in violation of any of the provisions of this chapter or of 9 any law, ordinance, rule or regulation made by a local authority; or 10 (ii) the registrant was liable for a violation of subdivision (d) of 11 section eleven hundred eleven of this chapter imposed pursuant to a 12 local law or ordinance imposing monetary liability on the owner of a 13 vehicle for failure of an operator thereof to comply with traffic-con- 14 trol indications through the installation and operation of traffic-con- 15 trol signal photo violation-monitoring systems, in accordance with arti- 16 cle twenty-four of this chapter; or (iii) the registrant was liable for 17 a violation of subdivision (b), (c), (d), (f) or (g) of section eleven 18 hundred eighty of this chapter imposed pursuant to a demonstration 19 program imposing monetary liability on the owner of a vehicle for fail- 20 ure of an operator thereof to comply with such posted maximum speed 21 limits through the installation and operation of photo speed violation 22 monitoring systems, in accordance with article thirty of this chapter; 23 or (iv) the registrant was liable for a violation of bus lane 24 restrictions as defined by article twenty-four of this chapter imposed 25 pursuant to a bus rapid transit program imposing monetary liability on 26 the owner of a vehicle for failure of an operator thereof to comply with 27 such bus lane restrictions through the installation and operation of bus 28 lane photo devices, in accordance with article twenty-four of this chap- 29 ter; or (v) the registrant was liable for a violation of section eleven 30 hundred seventy-four of this chapter when meeting a school bus marked 31 and equipped as provided in subdivisions twenty and twenty-one-c of 32 section three hundred seventy-five of this chapter imposed pursuant to a 33 local law or ordinance imposing monetary liability on the owner of a 34 vehicle for failure of an operator thereof to comply with school bus red 35 visual signals through the installation and operation of school bus 36 photo violation monitoring systems, in accordance with article twenty- 37 nine of this chapter; or (vi) the registrant was liable for a violation 38 of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of 39 this chapter imposed pursuant to a demonstration program imposing mone- 40 tary liability on the owner of a vehicle for failure of an operator 41 thereof to comply with such posted maximum speed limits within a highway 42 construction or maintenance work area through the installation and oper- 43 ation of photo speed violation monitoring systems, in accordance with 44 article thirty of this chapter, the commissioner or his or her agent 45 shall deny the registration or renewal application until the applicant 46 provides proof from the court, traffic and parking violations agency or 47 administrative tribunal wherein the charges are pending that an appear- 48 ance or answer has been made or in the case of an administrative tribu- 49 nal that he or she has complied with the rules and regulations of said 50 tribunal following entry of a final decision. Where an application is 51 denied pursuant to this section, the commissioner may, in his or her 52 discretion, deny a registration or renewal application to any other 53 person for the same vehicle and may deny a registration or renewal 54 application for any other motor vehicle registered in the name of the 55 applicant where the commissioner has determined that such registrant's 56 intent has been to evade the purposes of this subdivision and where theS. 4682--B 14 1 commissioner has reasonable grounds to believe that such registration or 2 renewal will have the effect of defeating the purposes of this subdivi- 3 sion. Such denial shall only remain in effect as long as the summonses 4 remain unanswered, or in the case of an administrative tribunal, the 5 registrant fails to comply with the rules and regulations following 6 entry of a final decision. 7 (ii) For purposes of this paragraph, the term "motor vehicle operated 8 for hire" shall mean and include a taxicab, livery, coach, limousine or 9 tow truck. 10 § 8. The opening paragraph and paragraph (c) of subdivision 1 of 11 section 1809 of the vehicle and traffic law, as separately amended by 12 section 10 of chapter 145 and section 9 of chapter 148 of the laws of 13 2019, are amended to read as follows: 14 Whenever proceedings in an administrative tribunal or a court of this 15 state result in a conviction for an offense under this chapter or a 16 traffic infraction under this chapter, or a local law, ordinance, rule 17 or regulation adopted pursuant to this chapter, other than a traffic 18 infraction involving standing, stopping, or parking or violations by 19 pedestrians or bicyclists[, or other than an adjudication of liability20of an owner for a violation of subdivision (d) of section eleven hundred21eleven of this chapter in accordance with section eleven hundred22eleven-a of this chapter, or other than an adjudication of liability of23an owner for a violation of subdivision (d) of section eleven hundred24eleven of this chapter in accordance with section eleven hundred25eleven-b of this chapter, or other than an adjudication in accordance26with section eleven hundred eleven-c of this chapter for a violation of27a bus lane restriction as defined in such section, or other than an28adjudication of liability of an owner for a violation of subdivision (d)29of section eleven hundred eleven of this chapter in accordance with30section eleven hundred eleven-d of this chapter, or other than an adju-31dication of liability of an owner for a violation of subdivision (b),32(c), (d), (f) or (g) of section eleven hundred eighty of this chapter in33accordance with section eleven hundred eighty-b of this chapter, or34other than an adjudication of liability of an owner for a violation of35subdivision (d) of section eleven hundred eleven of this chapter in36accordance with section eleven hundred eleven-e of this chapter, or37other than an adjudication of liability of an owner for a violation of38section eleven hundred seventy-four of this chapter in accordance with39section eleven hundred seventy-four-a of this chapter, or other than an40adjudication of liability of an owner for a violation of subdivision41(b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-42ter in accordance with section eleven hundred eighty-d of this chapter,] 43 and except as otherwise provided by subdivision one-a of this section, 44 there shall be levied a crime victim assistance fee and a mandatory 45 surcharge, in addition to any sentence required or permitted by law, in 46 accordance with the following schedule: 47 (c) Whenever proceedings in an administrative tribunal or a court of 48 this state result in a conviction for an offense under this chapter 49 other than a crime pursuant to section eleven hundred ninety-two of this 50 chapter, or a traffic infraction under this chapter, or a local law, 51 ordinance, rule or regulation adopted pursuant to this chapter, other 52 than a traffic infraction involving standing, stopping, or parking or 53 violations by pedestrians or bicyclists[, or other than an adjudication54of liability of an owner for a violation of subdivision (d) of section55eleven hundred eleven of this chapter in accordance with section eleven56hundred eleven-a of this chapter, or other than an adjudication ofS. 4682--B 15 1liability of an owner for a violation of subdivision (d) of section2eleven hundred eleven of this chapter in accordance with section eleven3hundred eleven-b of this chapter, or other than an adjudication of4liability of an owner for a violation of subdivision (d) of section5eleven hundred eleven of this chapter in accordance with section eleven6hundred eleven-d of this chapter, or other than an infraction pursuant7to article nine of this chapter or other than an adjudication of liabil-8ity of an owner for a violation of toll collection regulations pursuant9to section two thousand nine hundred eighty-five of the public authori-10ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven11hundred seventy-four of the laws of nineteen hundred fifty or other than12an adjudication in accordance with section eleven hundred eleven-c of13this chapter for a violation of a bus lane restriction as defined in14such section, or other than an adjudication of liability of an owner for15a violation of subdivision (b), (c), (d), (f) or (g) of section eleven16hundred eighty of this chapter in accordance with section eleven hundred17eighty-b of this chapter, or other than an adjudication of liability of18an owner for a violation of subdivision (d) of section eleven hundred19eleven of this chapter in accordance with section eleven hundred20eleven-e of this chapter, or other than an adjudication of liability of21an owner for a violation of section eleven hundred seventy-four of this22chapter in accordance with section eleven hundred seventy-four-a of this23chapter, or other than an adjudication of liability of an owner for a24violation of subdivision (b), (c), (d), (f) or (g) of section eleven25hundred eighty of this chapter in accordance with section eleven hundred26eighty-d of this chapter,] and except as otherwise provided by subdivi- 27 sion one-a of this section, there shall be levied a crime victim assist- 28 ance fee in the amount of five dollars and a mandatory surcharge, in 29 addition to any sentence required or permitted by law, in the amount of 30 fifty-five dollars. 31 § 8-a. The opening paragraph and paragraph (c) of subdivision 1 of 32 section 1809 of the vehicle and traffic law, as amended by section 10 of 33 chapter 145 of the laws of 2019, are amended to read as follows: 34 Whenever proceedings in an administrative tribunal or a court of this 35 state result in a conviction for an offense under this chapter or a 36 traffic infraction under this chapter, or a local law, ordinance, rule 37 or regulation adopted pursuant to this chapter, other than a traffic 38 infraction involving standing, stopping, or parking or violations by 39 pedestrians or bicyclists[, or other than an adjudication of liability40of an owner for a violation of subdivision (d) of section eleven hundred41eleven of this chapter in accordance with section eleven hundred42eleven-a of this chapter, or other than an adjudication of liability of43an owner for a violation of subdivision (d) of section eleven hundred44eleven of this chapter in accordance with section eleven hundred45eleven-b of this chapter, or other than an adjudication in accordance46with section eleven hundred eleven-c of this chapter for a violation of47a bus lane restriction as defined in such section, or other than an48adjudication of liability of an owner for a violation of subdivision (d)49of section eleven hundred eleven of this chapter in accordance with50section eleven hundred eleven-d of this chapter, or other than an adju-51dication of liability of an owner for a violation of subdivision (b),52(c), (d), (f) or (g) of section eleven hundred eighty of this chapter in53accordance with section eleven hundred eighty-b of this chapter, or54other than an adjudication of liability of an owner for a violation of55subdivision (d) of section eleven hundred eleven of this chapter in56accordance with section eleven hundred eleven-e of this chapter, orS. 4682--B 16 1other than an adjudication of liability of an owner for a violation of2section eleven hundred seventy-four of this chapter in accordance with3section eleven hundred seventy-four-a of this chapter,] and except as 4 otherwise provided by subdivision one-a of this section, there shall be 5 levied a crime victim assistance fee and a mandatory surcharge, in addi- 6 tion to any sentence required or permitted by law, in accordance with 7 the following schedule: 8 (c) Whenever proceedings in an administrative tribunal or a court of 9 this state result in a conviction for an offense under this chapter 10 other than a crime pursuant to section eleven hundred ninety-two of this 11 chapter, or a traffic infraction under this chapter, or a local law, 12 ordinance, rule or regulation adopted pursuant to this chapter, other 13 than a traffic infraction involving standing, stopping, or parking or 14 violations by pedestrians or bicyclists[, or other than an adjudication15of liability of an owner for a violation of subdivision (d) of section16eleven hundred eleven of this chapter in accordance with section eleven17hundred eleven-a of this chapter, or other than an adjudication of18liability of an owner for a violation of subdivision (d) of section19eleven hundred eleven of this chapter in accordance with section eleven20hundred eleven-b of this chapter, or other than an adjudication of21liability of an owner for a violation of subdivision (d) of section22eleven hundred eleven of this chapter in accordance with section eleven23hundred eleven-d of this chapter, or other than an infraction pursuant24to article nine of this chapter or other than an adjudication of liabil-25ity of an owner for a violation of toll collection regulations pursuant26to section two thousand nine hundred eighty-five of the public authori-27ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven28hundred seventy-four of the laws of nineteen hundred fifty or other than29an adjudication in accordance with section eleven hundred eleven-c of30this chapter for a violation of a bus lane restriction as defined in31such section, or other than an adjudication of liability of an owner for32a violation of subdivision (b), (c), (d), (f) or (g) of section eleven33hundred eighty of this chapter in accordance with section eleven hundred34eighty-b of this chapter, or other than an adjudication of liability of35an owner for a violation of subdivision (d) of section eleven hundred36eleven of this chapter in accordance with section eleven hundred37eleven-e of this chapter, or other than an adjudication of liability of38an owner for a violation of section eleven hundred seventy-four of this39chapter in accordance with section eleven hundred seventy-four-a of this40chapter,] and except as otherwise provided by subdivision one-a of this 41 section, there shall be levied a crime victim assistance fee in the 42 amount of five dollars and a mandatory surcharge, in addition to any 43 sentence required or permitted by law, in the amount of fifty-five 44 dollars. 45 § 8-b. Subdivision 1 of section 1809 of the vehicle and traffic law, 46 as separately amended by section 10-a of chapter 145 and section 9-a of 47 chapter 148 of the laws of 2019, is amended to read as follows: 48 1. Whenever proceedings in an administrative tribunal or a court of 49 this state result in a conviction for a crime under this chapter or a 50 traffic infraction under this chapter, or a local law, ordinance, rule 51 or regulation adopted pursuant to this chapter, other than a traffic 52 infraction involving standing, stopping, parking or motor vehicle equip- 53 ment or violations by pedestrians or bicyclists[, or other than an adju-54dication of liability of an owner for a violation of subdivision (d) of55section eleven hundred eleven of this chapter in accordance with section56eleven hundred eleven-a of this chapter, or other than an adjudicationS. 4682--B 17 1of liability of an owner for a violation of subdivision (d) of section2eleven hundred eleven of this chapter in accordance with section eleven3hundred eleven-b of this chapter, or other than an adjudication in4accordance with section eleven hundred eleven-c of this chapter for a5violation of a bus lane restriction as defined in such section, or other6than an adjudication of liability of an owner for a violation of subdi-7vision (d) of section eleven hundred eleven of this chapter in accord-8ance with section eleven hundred eleven-d of this chapter, or other than9an adjudication of liability of an owner for a violation of subdivision10(b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-11ter in accordance with section eleven hundred eighty-b of this chapter,12or other than an adjudication of liability of an owner for a violation13of subdivision (b), (c), (d), (f) or (g) of section eleven hundred14eighty of this chapter in accordance with section eleven hundred eight-15y-d of this chapter, or other than an adjudication of liability of an16owner for a violation of subdivision (d) of section eleven hundred elev-17en of this chapter in accordance with section eleven hundred eleven-e of18this chapter, or other than an adjudication of liability of an owner for19a violation of section eleven hundred seventy-four of this chapter in20accordance with section eleven hundred seventy-four-a of this chapter,] 21 and except as otherwise provided by subdivision one-a of this section, 22 there shall be levied a mandatory surcharge, in addition to any sentence 23 required or permitted by law, in the amount of twenty-five dollars. 24 § 8-c. Subdivision 1 of section 1809 of the vehicle and traffic law, 25 as separately amended by section 10-b of chapter 145 and section 9-b of 26 chapter 148 of the laws of 2019, is amended to read as follows: 27 1. Whenever proceedings in an administrative tribunal or a court of 28 this state result in a conviction for a crime under this chapter or a 29 traffic infraction under this chapter other than a traffic infraction 30 involving standing, stopping, parking or motor vehicle equipment or 31 violations by pedestrians or bicyclists[, or other than an adjudication32in accordance with section eleven hundred eleven-c of this chapter for a33violation of a bus lane restriction as defined in such section, or other34than an adjudication of liability of an owner for a violation of subdi-35vision (d) of section eleven hundred eleven of this chapter in accord-36ance with section eleven hundred eleven-d of this chapter, or other than37an adjudication of liability of an owner for a violation of subdivision38(b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-39ter in accordance with section eleven hundred eighty-d of this chapter,40or other than an adjudication of liability of an owner for a violation41of subdivision (d) of section eleven hundred eleven of this chapter in42accordance with section eleven hundred eleven-e of this chapter, or43other than an adjudication of liability of an owner for a violation of44section eleven hundred seventy-four of this chapter in accordance with45section eleven hundred seventy-four-a of this chapter,] and except as 46 otherwise provided by subdivision one-a of this section, there shall be 47 levied a mandatory surcharge, in addition to any sentence required or 48 permitted by law, in the amount of seventeen dollars. 49 § 8-d. Subdivision 1 of section 1809 of the vehicle and traffic law, 50 as separately amended by section 10-c of chapter 145 and section 9-c of 51 chapter 148 of the laws of 2019, is amended to read as follows: 52 1. Whenever proceedings in an administrative tribunal or a court of 53 this state result in a conviction for a crime under this chapter or a 54 traffic infraction under this chapter other than a traffic infraction 55 involving standing, stopping, parking or motor vehicle equipment or 56 violations by pedestrians or bicyclists[, or other than an adjudicationS. 4682--B 18 1of liability of an owner for a violation of subdivision (b), (c), (d),2(f) or (g) of section eleven hundred eighty of this chapter in accord-3ance with section eleven hundred eighty-b of this chapter, or other than4an adjudication of liability of an owner for a violation of subdivision5(b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-6ter in accordance with section eleven hundred eighty-d of this chapter,7or other than an adjudication of liability of an owner for a violation8of subdivision (d) of section eleven hundred eleven of this chapter in9accordance with section eleven hundred eleven-d of this chapter, or10other than an adjudication of liability of an owner for a violation of11subdivision (d) of section eleven hundred eleven of this chapter in12accordance with section eleven hundred eleven-e of this chapter, or13other than an adjudication of liability of an owner for a violation of14section eleven hundred seventy-four of this chapter in accordance with15section eleven hundred seventy-four-a of this chapter,] and except as 16 otherwise provided by subdivision one-a of this section, there shall be 17 levied a mandatory surcharge, in addition to any sentence required or 18 permitted by law, in the amount of seventeen dollars. 19 § 8-e. Subdivision 1 of section 1809 of the vehicle and traffic law, 20 as separately amended by section 10-d of chapter 145 and section 9-d of 21 chapter 148 of the laws of 2019, is amended to read as follows: 22 1. Whenever proceedings in an administrative tribunal or a court of 23 this state result in a conviction for a crime under this chapter or a 24 traffic infraction under this chapter other than a traffic infraction 25 involving standing, stopping, parking or motor vehicle equipment or 26 violations by pedestrians or bicyclists[, or other than an adjudication27of liability of an owner for a violation of subdivision (b), (c), (d),28(f) or (g) of section eleven hundred eighty of this chapter in accord-29ance with section eleven hundred eighty-d of this chapter, or other than30an adjudication of liability of an owner for a violation of subdivision31(d) of section eleven hundred eleven of this chapter in accordance with32section eleven hundred eleven-d of this chapter, or other than an adju-33dication of liability of an owner for a violation of subdivision (d) of34section eleven hundred eleven of this chapter in accordance with section35eleven hundred eleven-e of this chapter, or other than an adjudication36of liability of an owner for a violation of section eleven hundred37seventy-four of this chapter in accordance with section eleven hundred38seventy-four-a of this chapter,] and except as otherwise provided by 39 subdivision one-a of this section, there shall be levied a mandatory 40 surcharge, in addition to any sentence required or permitted by law, in 41 the amount of seventeen dollars. 42 § 8-f. Subdivision 1 of section 1809 of the vehicle and traffic law, 43 as separately amended by section 10-f of chapter 145 and section 9-f of 44 chapter 148 of the laws of 2019, is amended to read as follows: 45 1. Whenever proceedings in an administrative tribunal or a court of 46 this state result in a conviction for a crime under this chapter or a 47 traffic infraction under this chapter other than a traffic infraction 48 involving standing, stopping, parking or motor vehicle equipment or 49 violations by pedestrians or bicyclists[, or other than an adjudication50of liability of an owner for a violation of subdivision (b), (c), (d),51(f) or (g) of section eleven hundred eighty of this chapter in accord-52ance with section eleven hundred eighty-d of this chapter, or other than53an adjudication of liability of an owner for a violation of subdivision54(d) of section eleven hundred eleven of this chapter in accordance with55section eleven hundred eleven-e of this chapter, or other than an adju-56dication of liability of an owner for a violation of section elevenS. 4682--B 19 1hundred seventy-four of this chapter in accordance with section eleven2hundred seventy-four-a of this chapter,] and except as otherwise 3 provided by subdivision one-a of this section, there shall be levied a 4 mandatory surcharge, in addition to any sentence required or permitted 5 by law, in the amount of seventeen dollars. 6 § 8-g. Subdivision 1 of section 1809 of the vehicle and traffic law, 7 as separately amended by section 10-g of chapter 145 and section 9-g of 8 chapter 148 of the laws of 2019, is amended to read as follows: 9 1. Whenever proceedings in an administrative tribunal or a court of 10 this state result in a conviction for a crime under this chapter or a 11 traffic infraction under this chapter other than a traffic infraction 12 involving standing, stopping, parking or motor vehicle equipment or 13 violations by pedestrians or bicyclists[, or other than an adjudication14of liability of an owner for a violation of subdivision (b), (d), (f) or15(g) of section eleven hundred eighty of this chapter in accordance with16section eleven hundred eighty-d of this chapter, or other than an adju-17dication of liability of an owner for a violation of section eleven18hundred seventy-four of this chapter in accordance with section eleven19hundred seventy-four-a of this chapter,] and except as otherwise 20 provided by subdivision one-a of this section, there shall be levied a 21 mandatory surcharge, in addition to any sentence required or permitted 22 by law, in the amount of seventeen dollars. 23 § 8-h. Subdivision 1 of section 1809 of the vehicle and traffic law, 24 as separately amended by chapter 16 of the laws of 1983 and chapter 62 25 of the laws of 1989, is 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 and except as otherwise provided 31 by subdivision one-a of this section, there shall be levied a mandatory 32 surcharge, in addition to any sentence required or permitted by law, in 33 the amount of seventeen dollars. 34 § 9. Section 1809 of the vehicle and traffic law is amended by adding 35 a new subdivision 1-a to read as follows: 36 1-a. Notwithstanding the provisions of subdivision one of this 37 section, the provisions of subdivision one of this section shall not 38 apply to an adjudication of liability of owners: (a) for violations of 39 subdivision (d) of section eleven hundred eleven of this chapter imposed 40 pursuant to a local law or ordinance imposing monetary liability on the 41 owner of a vehicle for failure of an operator thereof to comply with 42 traffic-control indications through the installation and operation of 43 traffic-control signal photo violation-monitoring systems, in accordance 44 with article twenty-four of this chapter; or (b) for violations of 45 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty 46 of this chapter imposed pursuant to a demonstration program imposing 47 monetary liability on the owner of a vehicle for failure of an operator 48 thereof to comply with such posted maximum speed limits through the 49 installation and operation of photo speed violation monitoring systems, 50 in accordance with article thirty of this chapter; or (c) for violations 51 of bus lane restrictions as defined by article twenty-four of this chap- 52 ter imposed pursuant to a bus rapid transit program imposing monetary 53 liability on the owner of a vehicle for failure of an operator thereof 54 to comply with such bus lane restrictions through the installation and 55 operation of bus lane photo devices, in accordance with article twenty- 56 four of this chapter; or (d) for violations of toll collection regu-S. 4682--B 20 1 lations imposed by certain public authorities pursuant to the law 2 authorizing such public authorities to impose monetary liability on the 3 owner of a vehicle for failure of an operator thereof to comply with 4 toll collection regulations of such public authorities through the 5 installation and operation of photo-monitoring systems, in accordance 6 with the provisions of section two thousand nine hundred eighty-five of 7 the public authorities law and sections sixteen-a, sixteen-b and 8 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen 9 hundred fifty; or (e) for violations of section eleven hundred seventy- 10 four of this chapter when meeting a school bus marked and equipped as 11 provided in subdivisions twenty and twenty-one-c of section three 12 hundred seventy-five of this chapter imposed pursuant to a local law or 13 ordinance imposing monetary liability on the owner of a vehicle for 14 failure of an operator thereof to comply with school bus red visual 15 signals through the installation and operation of school bus photo 16 violation monitoring systems, in accordance with article twenty-nine of 17 this chapter; or (f) for violations of subdivision (b), (d), (f) or (g) 18 of section eleven hundred eighty of this chapter imposed pursuant to a 19 demonstration program imposing monetary liability on the owner of a 20 vehicle for failure of an operator thereof to comply with such posted 21 maximum speed limits within a highway construction or maintenance work 22 area through the installation and operation of photo speed violation 23 monitoring systems, in accordance with article thirty of this chapter. 24 § 10. Paragraph a of subdivision 1 of section 1809-e of the vehicle 25 and traffic law is REPEALED and a new paragraph a is added to read as 26 follows: 27 a. Notwithstanding any other provision of law, whenever proceedings in 28 a court or an administrative tribunal of this state result in a 29 conviction for an offense under this chapter, except a conviction pursu- 30 ant to section eleven hundred ninety-two of this chapter, or for a traf- 31 fic infraction under this chapter, or a local law, ordinance, rule or 32 regulation adopted pursuant to this chapter, except: (i) a traffic 33 infraction involving standing, stopping, or parking or violations by 34 pedestrians or bicyclists; and (ii) an adjudication of liability of an 35 owner for a violation of subdivision (d) of section eleven hundred elev- 36 en of this chapter imposed pursuant to a local law or ordinance imposing 37 monetary liability on the owner of a vehicle for failure of an operator 38 thereof to comply with traffic-control indications through the installa- 39 tion and operation of traffic-control signal photo violation-monitoring 40 systems, in accordance with article twenty-four of this chapter; and 41 (iii) an adjudication of liability of an owner for a violation of subdi- 42 vision (b), (c), (d), (f) or (g) of section eleven hundred eighty of 43 this chapter imposed pursuant to a demonstration program imposing mone- 44 tary liability on the owner of a vehicle for failure of an operator 45 thereof to comply with such posted maximum speed limits through the 46 installation and operation of photo speed violation monitoring systems, 47 in accordance with article thirty of this chapter; and (iv) an adjudi- 48 cation of liability of an owner for a violation of bus lane restrictions 49 as defined by article twenty-four of this chapter imposed pursuant to a 50 bus rapid transit program imposing monetary liability on the owner of a 51 vehicle for failure of an operator thereof to comply with such bus lane 52 restrictions through the installation and operation of bus lane photo 53 devices, in accordance with article twenty-four of this chapter; and (v) 54 an adjudication of liability of an owner for a violation of toll 55 collection regulations imposed by certain public authorities pursuant to 56 the law authorizing such public authorities to impose monetary liabilityS. 4682--B 21 1 on the owner of a vehicle for failure of an operator thereof to comply 2 with toll collection regulations of such public authorities through the 3 installation and operation of photo-monitoring systems, in accordance 4 with section two thousand nine hundred eighty-five of the public author- 5 ities law or sections sixteen-a, sixteen-b and sixteen-c of chapter 6 seven hundred seventy-four of the laws of nineteen hundred fifty; and 7 (vi) an adjudication of liability of an owner for a violation of section 8 eleven hundred seventy-four of this chapter when meeting a school bus 9 marked and equipped as provided in subdivisions twenty and twenty-one-c 10 of section three hundred seventy-five of this chapter imposed pursuant 11 to a local law or ordinance imposing monetary liability on the owner of 12 a vehicle for failure of an operator thereof to comply with school bus 13 red visual signals through the installation and operation of school bus 14 photo violation monitoring systems, in accordance with article twenty- 15 nine of this chapter; and (vii) an adjudication of liability of an owner 16 for a violation of subdivision (b), (d), (f) or (g) of section eleven 17 hundred eighty of this chapter imposed pursuant to a demonstration 18 program imposing monetary liability on the owner of a vehicle for fail- 19 ure of an operator thereof to comply with such posted maximum speed 20 limits within a highway construction or maintenance work area through 21 the installation and operation of photo speed violation monitoring 22 systems, in accordance with article thirty of this chapter, there shall 23 be levied in addition to any sentence, penalty or other surcharge 24 required or permitted by law, an additional surcharge of twenty-eight 25 dollars. 26 § 11. The general municipal law is amended by adding a new section 27 371-a to read as follows: 28 § 371-a. Additional jurisdiction and procedure related to the adjudi- 29 cation of certain notices of liability. A traffic violations bureau 30 established pursuant to subdivision one and a traffic and parking 31 violations agency established pursuant to subdivision two of section 32 three hundred seventy-one of this article may be authorized to adjudi- 33 cate, in accordance with the provisions of this article, the liability 34 of owners: (a) for violations of subdivision (d) of section eleven 35 hundred eleven of the vehicle and traffic law imposed pursuant to a 36 local law or ordinance imposing monetary liability on the owner of a 37 vehicle for failure of an operator thereof to comply with traffic-con- 38 trol indications through the installation and operation of traffic-con- 39 trol signal photo violation-monitoring systems, in accordance with arti- 40 cle twenty-four of the vehicle and traffic law; or (b) for violations of 41 section eleven hundred seventy-four of the vehicle and traffic law when 42 meeting a school bus marked and equipped as provided in subdivisions 43 twenty and twenty-one-c of section three hundred seventy-five of the 44 vehicle and traffic law imposed pursuant to a local law or ordinance 45 imposing monetary liability on the owner of a vehicle for failure of an 46 operator thereof to comply with school bus red visual signals through 47 the installation and operation of school bus photo violation monitoring 48 systems, in accordance with article twenty-nine of the vehicle and traf- 49 fic law; or (c) for violations of subdivision (b), (d), (f) or (g) of 50 section eleven hundred eighty of the vehicle and traffic law imposed 51 pursuant to a demonstration program imposing monetary liability on the 52 owner of a vehicle for failure of an operator thereof to comply with 53 such posted maximum speed limits within a highway construction or main- 54 tenance work area through the installation and operation of photo speed 55 violation monitoring systems, in accordance with article thirty of this 56 chapter.S. 4682--B 22 1 § 12. The vehicle and traffic law is amended by adding a new section 2 1180-e to read as follows: 3 § 1180-e. Owner liability for failure of operator to comply with 4 certain posted maximum speed limits. (a) 1. Notwithstanding any other 5 provision of law, the commissioner of transportation is hereby author- 6 ized to establish a demonstration program imposing monetary liability on 7 the owner of a vehicle for failure of an operator thereof to comply with 8 posted maximum speed limits in a highway construction or maintenance 9 work area located on a controlled-access highway (i) when highway 10 construction or maintenance work is occurring and a work area speed 11 limit is in effect as provided in paragraph two of subdivision (d) or 12 subdivision (f) of section eleven hundred eighty of this article or (ii) 13 when highway construction or maintenance work is occurring and other 14 speed limits are in effect as provided in subdivision (b) or (g) or 15 paragraph one of subdivision (d) of section eleven hundred eighty of 16 this article. Such demonstration program shall empower the commissioner 17 to install photo speed violation monitoring systems within no more than 18 twenty highway construction or maintenance work areas located on cont- 19 rolled-access highways and to operate such systems within such work 20 areas (iii) when highway construction or maintenance work is occurring 21 and a work area speed limit is in effect as provided in paragraph two of 22 subdivision (d) or subdivision (f) of section eleven hundred eighty of 23 this article or (iv) when highway construction or maintenance work is 24 occurring and other speed limits are in effect as provided in subdivi- 25 sion (b) or (g) or paragraph one of subdivision (d) of section eleven 26 hundred eighty of this article. The commissioner, in consultation with 27 the superintendent of the division of state police, shall determine the 28 location of the highway construction or maintenance work areas located 29 on a controlled-access highway in which to install and operate photo 30 speed violation monitoring systems. In selecting a highway construction 31 or maintenance work area in which to install and operate a photo speed 32 violation monitoring system, the commissioner shall consider criteria 33 including, but not limited to, the speed data, crash history, and road- 34 way geometry applicable to such highway construction or maintenance work 35 area. A photo speed violation monitoring system shall not be installed 36 or operated on a controlled-access highway exit ramp. 37 2. Notwithstanding any other provision of law, after holding a public 38 hearing in accordance with the public officers law and subsequent 39 approval of the establishment of a demonstration program in accordance 40 with this section by a majority of the members of the entire board of 41 the thruway authority, the chair of the thruway authority is hereby 42 authorized to establish a demonstration program imposing monetary 43 liability on the owner of a vehicle for failure of an operator thereof 44 to comply with posted maximum speed limits in a highway construction or 45 maintenance work area located on the thruway (i) when highway 46 construction or maintenance work is occurring and a work area speed 47 limit is in effect as provided in paragraph two of subdivision (d) or 48 subdivision (f) of section eleven hundred eighty of this article or (ii) 49 when highway construction or maintenance work is occurring and other 50 speed limits are in effect as provided in subdivision (b) or (g) or 51 paragraph one of subdivision (d) of section eleven hundred eighty of 52 this article. Such demonstration program shall empower the chair to 53 install photo speed violation monitoring systems within no more than ten 54 highway construction or maintenance work areas located on the thruway 55 and to operate such systems within such work areas (iii) when highway 56 construction or maintenance work is occurring and a work area speedS. 4682--B 23 1 limit is in effect as provided in paragraph two of subdivision (d) or 2 subdivision (f) of section eleven hundred eighty of this article or (iv) 3 when highway construction or maintenance work is occurring and other 4 speed limits are in effect as provided in subdivision (b) or (g) or 5 paragraph one of subdivision (d) of section eleven hundred eighty of 6 this article. The chair, in consultation with the superintendent of the 7 division of state police, shall determine the location of the highway 8 construction or maintenance work areas located on the thruway in which 9 to install and operate photo speed violation monitoring systems. In 10 selecting a highway construction or maintenance work area in which to 11 install and operate a photo speed violation monitoring system, the chair 12 shall consider criteria including, but not limited to, the speed data, 13 crash history, and roadway geometry applicable to such highway 14 construction or maintenance work area. A photo speed violation monitor- 15 ing system shall not be installed or operated on a thruway exit ramp. 16 3. No photo speed violation monitoring system shall be used in a high- 17 way construction or maintenance work area unless (i) on the day it is to 18 be used it has successfully passed a self-test of its functions; and 19 (ii) it has undergone an annual calibration check performed pursuant to 20 paragraph five of this subdivision. The commissioner or chair, as appli- 21 cable, shall install signs giving notice that a photo speed violation 22 monitoring system is in use, in conformance with standards established 23 in the MUTCD. 24 4. Operators of photo speed violation monitoring systems shall have 25 completed training in the procedures for setting up, testing, and oper- 26 ating such systems. Each such operator shall complete and sign a daily 27 set-up log for each such system that he or she operates that (i) states 28 the date and time when, and the location where, the system was set up 29 that day, and (ii) states that such operator successfully performed, and 30 the system passed, the self-tests of such system before producing a 31 recorded image that day. The commissioner or the chair, as applicable, 32 shall retain each such daily log until the later of the date on which 33 the photo speed violation monitoring system to which it applies has been 34 permanently removed from use or the final resolution of all cases 35 involving notices of liability issued based on photographs, microphoto- 36 graphs, video or other recorded images produced by such system. 37 5. Each photo speed violation monitoring system shall undergo an annu- 38 al calibration check performed by an independent calibration laboratory 39 which shall issue a signed certificate of calibration. The commissioner 40 or the chair, as applicable, shall keep each such annual certificate of 41 calibration on file until the final resolution of all cases involving a 42 notice of liability issued during such year which were based on photo- 43 graphs, microphotographs, videotape or other recorded images produced by 44 such photo speed violation monitoring system. 45 6. (i) Such demonstration program shall utilize necessary technologies 46 to ensure, to the extent practicable, that photographs, microphoto- 47 graphs, videotape or other recorded images produced by such photo speed 48 violation monitoring systems shall not include images that identify the 49 driver, the passengers, or the contents of the vehicle. Provided, howev- 50 er, that no notice of liability issued pursuant to this section shall be 51 dismissed solely because such a photograph, microphotograph, videotape 52 or other recorded image allows for the identification of the driver, the 53 passengers, or the contents of vehicles where the commissioner or the 54 chair, as applicable, shows that they made reasonable efforts to comply 55 with the provisions of this paragraph in such case.S. 4682--B 24 1 (ii) Photographs, microphotographs, videotape or any other recorded 2 image from a photo speed violation monitoring system shall be for the 3 exclusive use of the commissioner or the chair, as applicable, for the 4 purpose of the adjudication of liability imposed pursuant to this 5 section and of the owner receiving a notice of liability pursuant to 6 this section, and shall be destroyed by the commissioner or chair, as 7 applicable, upon the final resolution of the notice of liability to 8 which such photographs, microphotographs, videotape or other recorded 9 images relate, or one year following the date of issuance of such notice 10 of liability, whichever is later. Notwithstanding the provisions of any 11 other law, rule or regulation to the contrary, photographs, microphoto- 12 graphs, videotape or any other recorded image from a photo speed 13 violation monitoring system shall not be open to the public, nor subject 14 to civil or criminal process or discovery, nor used by any court or 15 administrative or adjudicatory body in any action or proceeding therein 16 except that which is necessary for the adjudication of a notice of 17 liability issued pursuant to this section, and no public entity or 18 employee, officer or agent thereof shall disclose such information, 19 except that such photographs, microphotographs, videotape or any other 20 recorded images from such systems: 21 (A) shall be available for inspection and copying and use by the motor 22 vehicle owner and operator for so long as such photographs, microphoto- 23 graphs, videotape or other recorded images are required to be maintained 24 or are maintained by such public entity, employee, officer or agent; and 25 (B) (1) shall be furnished when described in a search warrant issued 26 by a court authorized to issue such a search warrant pursuant to article 27 six hundred ninety of the criminal procedure law or a federal court 28 authorized to issue such a search warrant under federal law, where such 29 search warrant states that there is reasonable cause to believe such 30 information constitutes evidence of, or tends to demonstrate that, a 31 misdemeanor or felony offense was committed in this state or another 32 state, or that a particular person participated in the commission of a 33 misdemeanor or felony offense in this state or another state, provided, 34 however, that if such offense was against the laws of another state, the 35 court shall only issue a warrant if the conduct comprising such offense 36 would, if occurring in this state, constitute a misdemeanor or felony 37 against the laws of this state; and 38 (2) shall be furnished in response to a subpoena duces tecum signed by 39 a judge of competent jurisdiction and issued pursuant to article six 40 hundred ten of the criminal procedure law or a judge or magistrate of a 41 federal court authorized to issue such a subpoena duces tecum under 42 federal law, where the judge finds and the subpoena states that there is 43 reasonable cause to believe such information is relevant and material to 44 the prosecution, or the defense, or the investigation by an authorized 45 law enforcement official, of the alleged commission of a misdemeanor or 46 felony in this state or another state, provided, however, that if such 47 offense was against the laws of another state, such judge or magistrate 48 shall only issue such subpoena if the conduct comprising such offense 49 would, if occurring in this state, constitute a misdemeanor or felony in 50 this state; and 51 (3) may, if lawfully obtained pursuant to this clause and clause (A) 52 of this subparagraph and otherwise admissible, be used in such criminal 53 action or proceeding. 54 (b) If the commissioner or chair establishes a demonstration program 55 pursuant to subdivision (a) of this section, the owner of a vehicle 56 shall be liable for a penalty imposed pursuant to this section if suchS. 4682--B 25 1 vehicle was used or operated with the permission of the owner, express 2 or implied, within a highway construction or maintenance work area 3 located on a controlled-access highway or on the thruway in violation of 4 paragraph two of subdivision (d) or subdivision (f), or when other speed 5 limits are in effect in violation of subdivision (b) or (g) or paragraph 6 one of subdivision (d), of section eleven hundred eighty of this arti- 7 cle, such vehicle was traveling at a speed of more than ten miles per 8 hour above the posted speed limit in effect within such highway 9 construction or maintenance work area, and such violation is evidenced 10 by information obtained from a photo speed violation monitoring system; 11 provided however that no owner of a vehicle shall be liable for a penal- 12 ty imposed pursuant to this section where the operator of such vehicle 13 has been convicted of the underlying violation of subdivision (b), (d), 14 (f) or (g) of section eleven hundred eighty of this article. 15 (c) For purposes of this section, the following terms shall have the 16 following meanings: 17 1. "chair" shall mean the chair of the New York state thruway authori- 18 ty; 19 2. "commissioner" shall mean the commissioner of transportation; 20 3. "controlled-access highway" shall mean a controlled-access highway 21 as defined by section one hundred nine of this chapter under the commis- 22 sioner's jurisdiction which has been functionally classified by the 23 department of transportation as principal arterial - interstate or prin- 24 cipal arterial - other freeway/expressway on official functional classi- 25 fication maps approved by the federal highway administration pursuant to 26 part 470.105 of title 23 of the code of federal regulations, as amended 27 from time to time; 28 4. "manual on uniform traffic control devices" or "MUTCD" shall mean 29 the manual and specifications for a uniform system of traffic control 30 devices maintained by the commissioner of transportation pursuant to 31 section sixteen hundred eighty of this chapter; 32 5. "owner" shall have the meaning provided in article two-B of this 33 chapter; 34 6. "photo speed violation monitoring system" shall mean a vehicle 35 sensor installed to work in conjunction with a speed measuring device 36 which automatically produces two or more photographs, two or more micro- 37 photographs, a videotape or other recorded images of each vehicle at the 38 time it is used or operated in a highway construction or maintenance 39 work area located on a controlled-access highway or on the thruway in 40 violation of subdivision (b), (d), (f) or (g) of section eleven hundred 41 eighty of this article in accordance with the provisions of this 42 section; 43 7. "thruway authority" shall mean the New York state thruway authori- 44 ty, a body corporate and politic constituting a public corporation 45 created and constituted pursuant to title nine of article two of the 46 public authorities law; and 47 8. "thruway" shall mean generally a divided highway under the juris- 48 diction of the thruway authority for mixed traffic with access limited 49 as the authority may determine and generally with grade separations at 50 intersections. 51 (d) A certificate, sworn to or affirmed by a technician employed by 52 the commissioner or chair as applicable, or a facsimile thereof, based 53 upon inspection of photographs, microphotographs, videotape or other 54 recorded images produced by a photo speed violation monitoring system, 55 shall be prima facie evidence of the facts contained therein. Any photo- 56 graphs, microphotographs, videotape or other recorded images evidencingS. 4682--B 26 1 such a violation shall include at least two date and time stamped images 2 of the rear of the motor vehicle that include the same stationary object 3 near the motor vehicle and shall be available for inspection reasonably 4 in advance of and at any proceeding to adjudicate the liability for such 5 violation pursuant to this section. 6 (e) An owner liable for a violation of subdivision (b), (d), (f) or 7 (g) of section eleven hundred eighty of this article pursuant to a 8 demonstration program established pursuant to this section shall be 9 liable for monetary penalties not to exceed fifty dollars for a first 10 violation, seventy-five dollars for a second violation both of which 11 were committed within a period of eighteen months, and one hundred 12 dollars for a third or subsequent violation all of which were committed 13 within a period of eighteen months; provided, however, that an addi- 14 tional penalty not in excess of twenty-five dollars for each violation 15 may be imposed for the failure to respond to a notice of liability with- 16 in the prescribed time period. 17 (f) An imposition of liability under the demonstration program estab- 18 lished pursuant to this section shall not be deemed a conviction as an 19 operator and shall not be made part of the operating record of the 20 person upon whom such liability is imposed nor shall it be used for 21 insurance purposes in the provision of motor vehicle insurance coverage. 22 (g) 1. A notice of liability shall be sent by first class mail to each 23 person alleged to be liable as an owner for a violation of subdivision 24 (b), (d), (f) or (g) of section eleven hundred eighty of this article 25 pursuant to this section, within fourteen business days if such owner is 26 a resident of this state and within forty-five business days if such 27 owner is a non-resident. Personal delivery on the owner shall not be 28 required. A manual or automatic record of mailing prepared in the ordi- 29 nary course of business shall be prima facie evidence of the facts 30 contained therein. 31 2. A notice of liability shall contain the name and address of the 32 person alleged to be liable as an owner for a violation of subdivision 33 (b), (d), (f) or (g) of section eleven hundred eighty of this article 34 pursuant to this section, the registration number of the vehicle 35 involved in such violation, the location where such violation took 36 place, the date and time of such violation, the identification number of 37 the camera which recorded the violation or other document locator 38 number, at least two date and time stamped images of the rear of the 39 motor vehicle that include the same stationary object near the motor 40 vehicle, and the certificate charging the liability. 41 3. The notice of liability shall contain information advising the 42 person charged of the manner and the time in which he or she may contest 43 the liability alleged in the notice. Such notice of liability shall also 44 contain a prominent warning to advise the person charged that failure to 45 contest in the manner and time provided shall be deemed an admission of 46 liability and that a default judgment may be entered thereon. 47 4. The notice of liability shall be prepared and mailed by the commis- 48 sioner or chair as applicable, or by any other entity authorized by the 49 commissioner or chair to prepare and mail such notice of liability. 50 (h) Adjudication of the liability imposed upon owners of this section 51 shall be by a traffic violations bureau established pursuant to section 52 three hundred seventy of the general municipal law where the violation 53 occurred or, if there be none, by the court having jurisdiction over 54 traffic infractions where the violation occurred, except that if a city 55 has established an administrative tribunal to hear and determine 56 complaints of traffic infractions constituting parking, standing orS. 4682--B 27 1 stopping violations such city may, by local law, authorize such adjudi- 2 cation by such tribunal. 3 (i) If an owner receives a notice of liability pursuant to this 4 section for any time period during which the vehicle or the number plate 5 or plates of such vehicle was reported to the police department as 6 having been stolen, it shall be a valid defense to an allegation of 7 liability for a violation of subdivision (b), (d), (f) or (g) of section 8 eleven hundred eighty of this article pursuant to this section that the 9 vehicle or the number plate or plates of such vehicle had been reported 10 to the police as stolen prior to the time the violation occurred and had 11 not been recovered by such time. For purposes of asserting the defense 12 provided by this subdivision, it shall be sufficient that a certified 13 copy of the police report on the stolen vehicle or number plate or 14 plates of such vehicle be sent by first class mail to the traffic 15 violations bureau, court having jurisdiction or parking violations 16 bureau. 17 (j) 1. Where the adjudication of liability imposed upon owners pursu- 18 ant to this section is by a traffic violations bureau or a court having 19 jurisdiction, an owner who is a lessor of a vehicle to which a notice of 20 liability was issued pursuant to subdivision (g) of this section shall 21 not be liable for the violation of subdivision (b), (d), (f) or (g) of 22 section eleven hundred eighty of this article pursuant to this section, 23 provided that he or she sends to the traffic violations bureau or court 24 having jurisdiction a copy of the rental, lease or other such contract 25 document covering such vehicle on the date of the violation, with the 26 name and address of the lessee clearly legible, within thirty-seven days 27 after receiving notice from the bureau or court of the date and time of 28 such violation, together with the other information contained in the 29 original notice of liability. Failure to send such information within 30 such thirty-seven day time period shall render the owner liable for the 31 penalty prescribed by this section. Where the lessor complies with the 32 provisions of this paragraph, the lessee of such vehicle on the date of 33 such violation shall be deemed to be the owner of such vehicle for 34 purposes of this section, shall be subject to liability for the 35 violation of subdivision (b), (d), (f) or (g) of section eleven hundred 36 eighty of this article pursuant to this section and shall be sent a 37 notice of liability pursuant to subdivision (g) of this section. 38 2. (i) In a city which, by local law, has authorized the adjudication 39 of liability imposed upon owners by this section by a parking violations 40 bureau, an owner who is a lessor of a vehicle to which a notice of 41 liability was issued pursuant to subdivision (g) of this section shall 42 not be liable for the violation of subdivision (b), (d), (f) or (g) of 43 section eleven hundred eighty of this article, provided that: 44 (A) prior to the violation, the lessor has filed with the bureau in 45 accordance with the provisions of section two hundred thirty-nine of 46 this chapter; and 47 (B) within thirty-seven days after receiving notice from the bureau of 48 the date and time of a liability, together with the other information 49 contained in the original notice of liability, the lessor submits to the 50 bureau the correct name and address of the lessee of the vehicle identi- 51 fied in the notice of liability at the time of such violation, together 52 with such other additional information contained in the rental, lease or 53 other contract document, as may be reasonably required by the bureau 54 pursuant to regulations that may be promulgated for such purpose.S. 4682--B 28 1 (ii) Failure to comply with clause (B) of subparagraph (i) of this 2 paragraph shall render the owner liable for the penalty prescribed in 3 this section. 4 (iii) Where the lessor complies with the provisions of this paragraph, 5 the lessee of such vehicle on the date of such violation shall be deemed 6 to be the owner of such vehicle for purposes of this section, shall be 7 subject to liability for such violation pursuant to this section and 8 shall be sent a notice of liability pursuant to subdivision (g) of this 9 section. 10 (k) 1. If the owner liable for a violation of subdivision (b), (d), 11 (f) or (g) of section eleven hundred eighty of this article pursuant to 12 this section was not the operator of the vehicle at the time of the 13 violation, the owner may maintain an action for indemnification against 14 the operator. 15 2. Notwithstanding any other provision of this section, no owner of a 16 vehicle shall be subject to a monetary fine imposed pursuant to this 17 section if the operator of such vehicle was operating such vehicle with- 18 out the consent of the owner at the time such operator operated such 19 vehicle in violation of subdivision (b), (d), (f) or (g) of section 20 eleven hundred eighty of this article. For purposes of this subdivision 21 there shall be a presumption that the operator of such vehicle was oper- 22 ating such vehicle with the consent of the owner at the time such opera- 23 tor operated such vehicle in violation of subdivision (b), (d), (f) or 24 (g) of section eleven hundred eighty of this article. 25 (l) Nothing in this section shall be construed to limit the liability 26 of an operator of a vehicle for any violation of subdivision (b), (d), 27 (f) or (g) of section eleven hundred eighty of this article. 28 (m) If the commissioner or chair adopts a demonstration program pursu- 29 ant to subdivision (a) of this section the commissioner or chair, as 30 applicable, shall conduct a study and submit a report on or before May 31 first, two thousand twenty-four and a report on or before May first, two 32 thousand twenty-six on the results of the use of photo devices to the 33 governor, the temporary president of the senate and the speaker of the 34 assembly. The commissioner or chair shall also make such reports avail- 35 able on their public-facing websites, provided that they may provide 36 aggregate data from paragraph one of this subdivision if the commission- 37 er or chair finds that publishing specific location data would jeopard- 38 ize public safety. Such report shall include: 39 1. the locations where and dates when photo speed violation monitoring 40 systems were used; 41 2. the aggregate number, type and severity of crashes, fatalities, 42 injuries and property damage reported within all highway construction or 43 maintenance work areas on controlled-access highways or on the thruway, 44 to the extent the information is maintained by the commissioner, chair 45 or the department of motor vehicles of this state; 46 3. the aggregate number, type and severity of crashes, fatalities, 47 injuries and property damage reported within highway construction or 48 maintenance work areas where photo speed violation monitoring systems 49 were used, to the extent the information is maintained by the commis- 50 sioner, chair or the department of motor vehicles of this state; 51 4. the number of violations recorded within all highway construction 52 or maintenance work areas on controlled-access highways or on the thru- 53 way, in the aggregate on a daily, weekly and monthly basis to the extent 54 the information is maintained by the commissioner, chair or the depart- 55 ment of motor vehicles of this state;S. 4682--B 29 1 5. the number of violations recorded within each highway construction 2 or maintenance work area where a photo speed violation monitoring system 3 is used, in the aggregate on a daily, weekly and monthly basis; 4 6. to the extent the information is maintained by the commissioner, 5 chair or the department of motor vehicles of this state, the number of 6 violations recorded within all highway construction or maintenance work 7 areas on controlled-access highways or on the thruway that were: 8 (i) more than ten but not more than twenty miles per hour over the 9 posted speed limit; 10 (ii) more than twenty but not more than thirty miles per hour over the 11 posted speed limit; 12 (iii) more than thirty but not more than forty miles per hour over the 13 posted speed limit; and 14 (iv) more than forty miles per hour over the posted speed limit; 15 7. the number of violations recorded within each highway construction 16 or maintenance work area where a photo speed violation monitoring system 17 is used that were: 18 (i) more than ten but not more than twenty miles per hour over the 19 posted speed limit; 20 (ii) more than twenty but not more than thirty miles per hour over the 21 posted speed limit; 22 (iii) more than thirty but not more than forty miles per hour over the 23 posted speed limit; and 24 (iv) more than forty miles per hour over the posted speed limit; 25 8. the total number of notices of liability issued for violations 26 recorded by such systems; 27 9. the number of fines and total amount of fines paid after the first 28 notice of liability issued for violations recorded by such systems, to 29 the extent the information is maintained by the commissioner, chair or 30 the department of motor vehicles of this state; 31 10. the number of violations adjudicated and the results of such adju- 32 dications including breakdowns of dispositions made for violations 33 recorded by such systems, to the extent the information is maintained by 34 the commissioner, chair or the department of motor vehicles of this 35 state; 36 11. the total amount of revenue realized by the state or thruway 37 authority in connection with the program; 38 12. the expenses incurred by the state or the thruway authority in 39 connection with the program; 40 13. an itemized list of expenditures made by the state and the thruway 41 authority on work zone safety projects undertaken in accordance with 42 subdivisions eleven and twelve of section eighteen hundred three of this 43 chapter; and 44 14. the quality of the adjudication process and its results, to the 45 extent the information is maintained by the commissioner, chair or the 46 department of motor vehicles of this state. 47 (n) It shall be a defense to any prosecution for a violation of subdi- 48 vision (b), (d), (f) or (g) of section eleven hundred eighty of this 49 article pursuant to this section that such photo speed violation moni- 50 toring system was malfunctioning at the time of the alleged violation. 51 § 13. Section 1803 of the vehicle and traffic law is amended by adding 52 two new subdivisions 11 and 12 to read as follows: 53 11. Except as otherwise provided in paragraph e of subdivision one of 54 this section, where the commissioner of transportation has established a 55 demonstration program imposing monetary liability on the owner of a 56 vehicle for failure of an operator thereof to comply with subdivisionS. 4682--B 30 1 (b), (d), (f) or (g) of section eleven hundred eighty of this chapter in 2 accordance with section eleven hundred eighty-e of this chapter, any 3 fine or penalty collected by a court, judge, magistrate or other officer 4 for an imposition of liability which occurs pursuant to such program 5 shall be paid to the state comptroller within the first ten days of the 6 month following collection. Every such payment shall be accompanied by a 7 statement in such form and detail as the comptroller shall provide. The 8 comptroller shall pay eighty percent of any such fine or penalty imposed 9 for such liability to the general fund, and twenty percent of any such 10 fine or penalty to the city, town or village in which the violation 11 giving rise to the liability occurred. With respect to the percentage 12 of fines or penalties paid to the general fund, no less than sixty 13 percent shall be dedicated to department of transportation work zone 14 safety projects after deducting the expenses necessary to administer 15 such demonstration program, provided, however, that such funds provided 16 pursuant to this subdivision shall be payable on the audit and warrant 17 of the comptroller and shall only be used to supplement and not supplant 18 current expenditures of state funds on work zone safety projects. For 19 the purposes of this subdivision, "work zone safety projects" shall 20 apply to work zones under the jurisdiction of the department of trans- 21 portation and shall include, but not be limited to, inspection and 22 implementation of work zone design, maintenance, traffic plans and mark- 23 ings, worker safety training, contractor outreach, enforcement efforts, 24 radar speed display signs at major active work zones and police presence 25 at major active work zones, as provided in section twenty-two of the 26 transportation law. All fines, penalties and forfeitures paid to a 27 city, town or village pursuant to the provisions of this subdivision 28 shall be credited to the general fund of such city, town or village, 29 unless a different disposition is prescribed by charter, special law, 30 local law or ordinance. 31 12. Except as otherwise provided in paragraph e of subdivision one of 32 this section, where the chair of the New York state thruway authority 33 has established a demonstration program imposing monetary liability on 34 the owner of a vehicle for failure of an operator thereof to comply with 35 subdivision (b), (d), (f) or (g) of section eleven hundred eighty of 36 this chapter in accordance with section eleven hundred eighty-e of this 37 chapter, any fine or penalty collected by a court, judge, magistrate or 38 other officer for an imposition of liability which occurs pursuant to 39 such program shall be paid to the state comptroller within the first ten 40 days of the month following collection. Every such payment shall be 41 accompanied by a statement in such form and detail as the comptroller 42 shall provide. The comptroller shall pay eighty percent of any such fine 43 or penalty imposed for such liability to the thruway authority, and 44 twenty percent of any such fine or penalty to the city, town or village 45 in which the violation giving rise to the liability occurred. With 46 respect to the percentage of fines or penalties paid to the thruway 47 authority, no less than sixty percent shall be dedicated to thruway 48 authority work zone safety projects after deducting the expenses neces- 49 sary to administer such demonstration program, provided, however, that 50 such funds provided pursuant to this subdivision shall be payable on the 51 audit and warrant of the comptroller and shall only be used to supple- 52 ment and not supplant current expenditures of state funds on work zone 53 safety projects. For the purposes of this subdivision, "work zone safety 54 projects" shall apply to work zones under the jurisdiction of the thru- 55 way authority and shall include, but not be limited to, inspection and 56 implementation of work zone design, maintenance, traffic plans and mark-S. 4682--B 31 1 ings, worker safety training, contractor outreach, enforcement efforts, 2 radar speed display signs at major active work zones and police presence 3 at major active work zones, as provided in section twenty-two of the 4 transportation law. For the purposes of this subdivision, the term 5 "thruway authority" shall mean the New York state thruway authority, a 6 body corporate and politic constituting a public corporation created and 7 constituted pursuant to title nine of article two of the public authori- 8 ties law. All fines, penalties and forfeitures paid to a city, town or 9 village pursuant to the provisions of this subdivision shall be credited 10 to the general fund of such city, town or village, unless a different 11 disposition is prescribed by charter, special law, local law or ordi- 12 nance. 13 § 14. Subdivision 2 of section 87 of the public officers law is 14 amended by adding a new paragraph (r) to read as follows: 15 (r) are photographs, microphotographs, videotape or other recorded 16 images prepared under the authority of section eleven hundred eighty-e 17 of the vehicle and traffic law. 18 § 15. For the purpose of informing and educating owners of motor vehi- 19 cles in this state, an agency or authority authorized to issue notices 20 of liability pursuant to the provisions of this act shall, during the 21 first thirty-day period in which the photo violation monitoring systems 22 are in operation pursuant to the provisions of this act, issue a written 23 warning in lieu of a notice of liability to all owners of motor vehicles 24 who would be held liable for failure of operators thereof to comply with 25 subdivision (b), (d), (f) or (g) of section eleven hundred eighty of the 26 vehicle and traffic law in accordance with section eleven hundred eight- 27 y-e of the vehicle and traffic law. 28 § 16. This act shall take effect on the thirtieth day after it shall 29 have become a law; provided, however, that sections twelve, thirteen, 30 fourteen and fifteen of this act shall expire and be deemed repealed 5 31 years after such effective date when upon such date the provisions of 32 such sections shall be deemed repealed; provided that effective imme- 33 diately, the addition, amendment and/or repeal of any rule or regulation 34 necessary for the implementation of this act on its effective date are 35 authorized to be made and completed on or before such effective date; 36 and provided further, that: 37 (a) the amendments to the opening paragraph and paragraph (c) of 38 subdivision 1 of section 1809 of the vehicle and traffic law made by 39 section eight of this act shall not affect the expiration of such 40 section and shall be deemed to expire therewith, when upon such date the 41 provisions of section eight-a of this act shall take effect; 42 (b) the amendments to the opening paragraph and paragraph (c) of 43 subdivision 1 of section 1809 of the vehicle and traffic law made by 44 section eight-a of this act shall not affect the expiration of such 45 section and shall be deemed to expire therewith, when upon such date the 46 provisions of section eight-b of this act shall take effect; 47 (c) the amendments to subdivision 1 of section 1809 of the vehicle and 48 traffic law made by section eight-b of this act shall not affect the 49 expiration of such section and shall be deemed to expire therewith, when 50 upon such date the provisions of section eight-c of this act shall take 51 effect; 52 (d) the amendments to subdivision 1 of section 1809 of the vehicle and 53 traffic law made by section eight-c of this act shall not affect the 54 expiration of such section and shall be deemed to expire therewith, when 55 upon such date the provisions of section eight-d of this act shall take 56 effect;S. 4682--B 32 1 (e) the amendments to subdivision 1 of section 1809 of the vehicle and 2 traffic law made by section eight-d of this act shall not affect the 3 expiration of such section and shall be deemed to expire therewith, when 4 upon such date the provisions of section eight-e of this act shall take 5 effect; 6 (f) the amendments to subdivision 1 of section 1809 of the vehicle and 7 traffic law made by section eight-e of this act shall not affect the 8 expiration of such section and shall be deemed to expire therewith, when 9 upon such date the provisions of section eight-f of this act shall take 10 effect; 11 (g) the amendments to subdivision 1 of section 1809 of the vehicle and 12 traffic law made by section eight-f of this act shall not affect the 13 expiration of such section and shall be deemed to expire therewith, when 14 upon such date the provisions of section eight-g of this act shall take 15 effect; and 16 (h) the amendments to subdivision 1 of section 1809 of the vehicle and 17 traffic law made by section eight-g of this act shall not affect the 18 expiration of such section and shall be deemed to expire therewith, when 19 upon such date the provisions of section eight-h of this act shall take 20 effect.