Bill Text: NY S05286 | 2009-2010 | General Assembly | Introduced
Bill Title: Establishes a speed camera demonstration program to enforce maximum speed limits in certain cities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-06 - REFERRED TO TRANSPORTATION [S05286 Detail]
Download: New_York-2009-S05286-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5286
2009-2010 Regular Sessions
I N S E N A T E
April 27, 2009
___________
Introduced by Sen. SQUADRON -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation
AN ACT to amend the vehicle and traffic law and the public officers law,
in relation to establishing in a city with a population of one million
or more a demonstration program to enforce maximum speed limits by
means of speed limit photo devices; and providing for the repeal of
such provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 1 of section 235 of the vehicle and traffic
2 law, as amended by chapter 379 of the laws of 1992, is amended to read
3 as follows:
4 1. Notwithstanding any inconsistent provision of any general, special
5 or local law or administrative code to the contrary, in any city which
6 heretofore or hereafter is authorized to establish an administrative
7 tribunal to hear and determine complaints of traffic infractions consti-
8 tuting parking, standing or stopping violations, or to adjudicate the
9 liability of owners for violations of subdivision (d) of section eleven
10 hundred eleven of this chapter in accordance with section eleven hundred
11 eleven-a of this chapter, or to adjudicate the liability of owners for
12 violations of toll collection regulations as defined in and in accord-
13 ance with the provisions of section two thousand nine hundred eighty-
14 five of the public authorities law and sections sixteen-a, sixteen-b and
15 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
16 hundred fifty, OR TO ADJUDICATE LIABILITY OF OWNERS FOR VIOLATIONS OF
17 SUBDIVISIONS (C) AND (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAP-
18 TER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER,
19 such tribunal and the rules and regulations pertaining thereto shall be
20 constituted in substantial conformance with the following sections.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11068-01-9
S. 5286 2
1 S 1-a. Section 235 of the vehicle and traffic law, as separately
2 amended by chapter 746 of the laws of 1988 and chapter 379 of the laws
3 of 1992, is amended to read as follows:
4 S 235. Jurisdiction. Notwithstanding any inconsistent provision of
5 any general, special or local law or administrative code to the contra-
6 ry, in any city which heretofore or hereafter is authorized to establish
7 an administrative tribunal to hear and determine complaints of traffic
8 infractions constituting parking, standing or stopping violations, or to
9 adjudicate the liability of owners for violations of subdivision (d) of
10 section eleven hundred eleven of this chapter in accordance with section
11 eleven hundred eleven-a of this chapter, or to adjudicate the liability
12 of owners for violations of toll collection regulations as defined in
13 and in accordance with the provisions of section two thousand nine
14 hundred eighty-five of the public authorities law and sections
15 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
16 of the laws of nineteen hundred fifty, OR TO ADJUDICATE LIABILITY OF
17 OWNERS FOR VIOLATIONS OF SUBDIVISIONS (C) AND (D) OF SECTION ELEVEN
18 HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
19 EIGHTY-B OF THIS CHAPTER, such tribunal and the rules and regulations
20 pertaining thereto shall be constituted in substantial conformance with
21 the following sections.
22 S 1-b. Section 235 of the vehicle and traffic law, as added by chapter
23 715 of the laws of 1972 and as further amended by chapter 379 of the
24 laws of 1992, is amended to read as follows:
25 S 235. Jurisdiction. Notwithstanding any inconsistent provision of any
26 general, special or local law or administrative code to the contrary, in
27 any city which heretofore or hereafter is authorized to establish an
28 administrative tribunal to hear and determine complaints of traffic
29 infractions constituting parking, standing or stopping violations, or to
30 adjudicate the liability of owners for violations of toll collection
31 regulations as defined in and in accordance with the provisions of
32 section two thousand nine hundred eighty-five of the public authorities
33 law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven
34 hundred seventy-four of the laws of nineteen hundred fifty, OR TO ADJU-
35 DICATE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISIONS (C) AND (D) OF
36 SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION
37 ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER, such tribunal and the rules and
38 regulations pertaining thereto shall be constituted in substantial
39 conformance with the following sections.
40 S 2. Subdivision 1 of section 236 of the vehicle and traffic law, as
41 amended by chapter 379 of the laws of 1992, is amended to read as
42 follows:
43 1. Creation. In any city as hereinbefore or hereafter authorized such
44 tribunal when created shall be known as the parking violations bureau
45 and shall have jurisdiction of traffic infractions which constitute a
46 parking violation and, where authorized by local law adopted pursuant to
47 subdivision (a) of section eleven hundred eleven-a of this chapter,
48 shall adjudicate the liability of owners for violations of subdivision
49 (d) of section eleven hundred eleven of this chapter in accordance with
50 such section eleven hundred eleven-a, and shall adjudicate the liability
51 of owners for violations of toll collection regulations as defined in
52 and in accordance with the provisions of section two thousand nine
53 hundred eighty-five of the public authorities law and sections
54 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
55 of the laws of nineteen hundred fifty, AND SHALL ADJUDICATE LIABILITY OF
56 OWNERS FOR VIOLATIONS OF SUBDIVISIONS (C) AND (D) OF SECTION ELEVEN
S. 5286 3
1 HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
2 EIGHTY-B OF THIS CHAPTER. Such tribunal, except in a city with a popu-
3 lation of one million or more, shall also have jurisdiction of abandoned
4 vehicle violations. For the purposes of this article, a parking
5 violation is the violation of any law, rule or regulation providing for
6 or regulating the parking, stopping or standing of a vehicle. In addi-
7 tion for purposes of this article, "commissioner" shall mean and include
8 the commissioner of traffic of the city or an official possessing
9 authority as such a commissioner.
10 S 2-a. Subdivision 1 of section 236 of the vehicle and traffic law, as
11 added by chapter 715 of the laws of 1972, is amended to read as follows:
12 1. Creation. In any city as hereinbefore or hereafter authorized such
13 tribunal when created shall be known as the parking violations bureau
14 and shall have jurisdiction of traffic infractions which constitute a
15 parking violation, AND SHALL ADJUDICATE LIABILITY OF OWNERS FOR
16 VIOLATIONS OF SUBDIVISIONS (C) AND (D) OF SECTION ELEVEN HUNDRED EIGHTY
17 OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B OF
18 THIS CHAPTER. For the purposes of this article, a parking violation is
19 the violation of any law, rule or regulation providing for or regulating
20 the parking, stopping or standing of a vehicle. In addition for purposes
21 of this article, "commissioner" shall mean and include the commissioner
22 of traffic of the city or an official possessing authority as such a
23 commissioner.
24 S 3. Subdivision 11 of section 237 of the vehicle and traffic law, as
25 added by chapter 379 of the laws of 1992, is amended to read as follows:
26 11. To adjudicate the liability of owners for violations of toll
27 collection regulations as defined in and 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[.];
32 S 4. Section 237 of the vehicle and traffic law is amended by adding a
33 new subdivision 12 to read as follows:
34 12. TO ADJUDICATE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISIONS
35 (C) AND (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORD-
36 ANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER.
37 S 5. Paragraph f of subdivision 1 of section 239 of the vehicle and
38 traffic law, as amended by chapter 379 of the laws of 1992, is amended
39 to read as follows:
40 f. "Notice of violation" means a notice of violation as defined in
41 subdivision nine of section two hundred thirty-seven of this article,
42 but shall not be deemed to include a notice of liability issued pursuant
43 to authorization set forth in section eleven hundred eleven-a of this
44 chapter and shall not be deemed to include a notice of liability issued
45 pursuant to section two thousand nine hundred eighty-five of the public
46 authorities law and sections sixteen-a, sixteen-b and sixteen-c of chap-
47 ter seven hundred seventy-four of the laws of nineteen hundred fifty AND
48 SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT TO
49 SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER.
50 S 5-a. Paragraph f of subdivision 1 of section 239 of the vehicle and
51 traffic law, as added by chapter 180 of the laws of 1980, is amended to
52 read as follows:
53 f. "Notice of violation" means a notice of violation as defined in
54 subdivision nine of section two hundred thirty-seven of this article AND
55 SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT TO
56 SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER.
S. 5286 4
1 S 6. Subdivision 4 of section 239 of the vehicle and traffic law, as
2 amended by chapter 379 of the laws of 1992, is amended to read as
3 follows:
4 4. Applicability. The provisions of paragraph b of subdivision two and
5 subdivision three of this section shall not be applicable to determi-
6 nations of owner liability for the failure of an operator to comply with
7 subdivision (d) of section eleven hundred eleven of this chapter and
8 shall not be applicable to determinations of owner liability imposed
9 pursuant to section two thousand nine hundred eighty-five of the public
10 authorities law and sections sixteen-a, sixteen-b and sixteen-c of chap-
11 ter seven hundred seventy-four of the laws of nineteen hundred fifty AND
12 SHALL NOT BE APPLICABLE TO DETERMINATIONS OF OWNER LIABILITY FOR
13 VIOLATIONS OF SUBDIVISIONS (C) AND (D) OF SECTION ELEVEN HUNDRED EIGHT-
14 Y-B OF THIS CHAPTER.
15 S 6-a. Section 239 of the vehicle and traffic law is amended by adding
16 a new subdivision 4 to read as follows:
17 4. APPLICABILITY. THE PROVISIONS OF PARAGRAPH B OF SUBDIVISION TWO AND
18 SUBDIVISION THREE OF THIS SECTION SHALL NOT BE APPLICABLE TO DETERMI-
19 NATIONS OF OWNER LIABILITY FOR VIOLATIONS OF SUBDIVISIONS (C) AND (D) OF
20 SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER.
21 S 7. Subdivision 1 of section 240 of the vehicle and traffic law, as
22 amended by chapter 379 of the laws of 1992, is amended to read as
23 follows:
24 1. Notice of hearing. Whenever a person charged with a parking
25 violation enters a plea of not guilty or a person alleged to be liable
26 in accordance with section eleven hundred eleven-a of this chapter for a
27 violation of subdivision (d) of section eleven hundred eleven of this
28 chapter contests such allegation, or a person alleged to be liable in
29 accordance with the provisions of section two thousand nine hundred
30 eighty-five of the public authorities law or sections sixteen-a,
31 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
32 laws of nineteen hundred fifty, OR A PERSON ALLEGED TO BE LIABLE IN
33 ACCORDANCE WITH THE PROVISIONS OF SECTION ELEVEN HUNDRED EIGHTY-B OF
34 THIS CHAPTER FOR VIOLATIONS OF SUBDIVISIONS (C) AND (D) OF SECTION ELEV-
35 EN HUNDRED EIGHTY OF THIS CHAPTER CONTESTS SUCH ALLEGATION, the bureau
36 shall advise such person personally by such form of first class mail as
37 the director may direct of the date on which he must appear to answer
38 the charge at a hearing. The form and content of such notice of hearing
39 shall be prescribed by the director, and shall contain a warning to
40 advise the person so pleading or contesting that failure to appear on
41 the date designated, or on any subsequent adjourned date, shall be
42 deemed an admission of liability, and that a default judgment may be
43 entered thereon.
44 S 7-a. Subdivision 1 of section 240 of the vehicle and traffic law, as
45 added by chapter 715 of the laws of 1972, is amended to read as follows:
46 1. Notice of hearing. Whenever a person charged with a parking
47 violation enters a plea of not guilty, OR A PERSON ALLEGED TO BE LIABLE
48 IN ACCORDANCE WITH THE PROVISIONS OF SECTION ELEVEN HUNDRED EIGHTY-B OF
49 THIS CHAPTER FOR VIOLATIONS OF SUBDIVISIONS (C) AND (D) OF SECTION ELEV-
50 EN HUNDRED EIGHTY OF THIS CHAPTER CONTESTS SUCH ALLEGATION, the bureau
51 shall advise such person personally by such form of first class mail as
52 the director may direct of the date on which he OR SHE must appear to
53 answer the charge at a hearing. The form and content of such notice of
54 hearing shall be prescribed by the director, and shall contain a warning
55 to advise the person so pleading that failure to appear on the date
56 designated, or on any subsequent adjourned date, shall be deemed an
S. 5286 5
1 admission of liability, and that a default judgment may be entered ther-
2 eon.
3 S 8. Subdivision 1-a of section 240 of the vehicle and traffic law, as
4 amended by chapter 379 of the laws of 1992, is amended to read as
5 follows:
6 1-a. Fines and penalties. Whenever a plea of not guilty has been
7 entered, or the bureau has been notified that an allegation of liability
8 in accordance with section eleven hundred eleven-a of this chapter or an
9 allegation of liability in accordance with section two thousand nine
10 hundred eighty-five of the public authorities law or sections sixteen-a,
11 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
12 laws of nineteen hundred fifty OR AN ALLEGATION OF LIABILITY IN ACCORD-
13 ANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER, is being
14 contested, by a person in a timely fashion and a hearing upon the merits
15 has been demanded, but has not yet been held, the bureau shall not issue
16 any notice of fine or penalty to that person prior to the date of the
17 hearing.
18 S 8-a. Subdivision 1-a of section 240 of the vehicle and traffic law,
19 as added by chapter 365 of the laws of 1978, is amended to read as
20 follows:
21 1-a. Fines and penalties. Whenever a plea of not guilty has been
22 entered, OR THE BUREAU HAS BEEN NOTIFIED THAT AN ALLEGATION OF LIABILITY
23 IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER IS
24 BEING CONTESTED, by a person in a timely fashion and a hearing upon the
25 merits has been demanded, but has not yet been held, the bureau shall
26 not issue any notice of fine or penalty to that person prior to the date
27 of the hearing.
28 S 9. Paragraphs a and g of subdivision 2 of section 240 of the vehicle
29 and traffic law, as amended by chapter 379 of the laws of 1992, are
30 amended to read as follows:
31 a. Every hearing for the adjudication of a charge of parking violation
32 or an allegation of liability in accordance with section eleven hundred
33 eleven-a of this chapter or an allegation of liability in accordance
34 with section two thousand nine hundred eighty-five of the public author-
35 ities law or sections sixteen-a, sixteen-b and sixteen-c of chapter
36 seven hundred seventy-four of the laws of nineteen hundred fifty OR AN
37 ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT-
38 Y-B OF THIS CHAPTER shall be held before a hearing examiner in accord-
39 ance with rules and regulations promulgated by the bureau.
40 g. A record shall be made of a hearing on a plea of not guilty or of a
41 hearing at which liability in accordance with section eleven hundred
42 eleven-a of this chapter is contested or of a hearing at which liability
43 in accordance with section two thousand nine hundred eighty-five of the
44 public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
45 chapter seven hundred seventy-four of the laws of nineteen hundred fifty
46 is contested OR A HEARING AT WHICH LIABILITY IN ACCORDANCE WITH SECTION
47 ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER IS CONTESTED. Recording devices
48 may be used for the making of the record.
49 S 9-a. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
50 cle and traffic law, as added by chapter 715 of the laws of 1972, are
51 amended to read as follows:
52 a. Every hearing for the adjudication of a charge of parking violation
53 OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
54 EIGHTY-B OF THIS CHAPTER shall be held before a hearing examiner in
55 accordance with rules and regulations promulgated by the bureau.
S. 5286 6
1 g. A record shall be made of a hearing on a plea of not guilty OR A
2 HEARING AT WHICH LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
3 EIGHTY-B OF THIS CHAPTER IS CONTESTED. Recording devices may be used
4 for the making of the record.
5 S 10. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
6 law, as amended by chapter 379 of the laws of 1992, are amended to read
7 as 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 section eleven hundred eleven-a of this
13 chapter or the record of liabilities incurred in accordance with section
14 two thousand nine hundred eighty-five of the public authorities law or
15 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred
16 seventy-four of the laws of nineteen hundred fifty of the person charged
17 OR THE RECORD OF LIABILITIES INCURRED IN ACCORDANCE WITH SECTION ELEVEN
18 HUNDRED EIGHTY-B OF THIS CHAPTER, as applicable prior to rendering a
19 final determination. Final determinations sustaining or dismissing
20 charges shall be entered on a final determination roll maintained by the
21 bureau together with records showing payment and nonpayment of penal-
22 ties.
23 2. Where an operator or owner fails to enter a plea to a charge of a
24 parking violation or contest an allegation of liability in accordance
25 with section eleven hundred eleven-a of this chapter or fails to contest
26 an allegation of liability in accordance with section two thousand nine
27 hundred eighty-five of the public authorities law or sections sixteen-a,
28 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
29 laws of nineteen hundred fifty OR FAILS TO CONTEST AN ALLEGATION OF
30 LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS
31 CHAPTER, or fails to appear on a designated hearing date or subsequent
32 adjourned date or fails after a hearing to comply with the determination
33 of a hearing examiner, as prescribed by this article or by rule or regu-
34 lation of the bureau, such failure to plead or contest, appear or comply
35 shall be deemed, for all purposes, an admission of liability and shall
36 be grounds for rendering and entering a default judgment in an amount
37 provided by the rules and regulations of the bureau. However, after the
38 expiration of the original date prescribed for entering a plea and
39 before a default judgment may be rendered, in such case the bureau shall
40 pursuant to the applicable provisions of law notify such operator or
41 owner, by such form of first class mail as the commission may direct;
42 (1) of the violation charged, or liability in accordance with section
43 eleven hundred eleven-a of this chapter alleged or liability in accord-
44 ance with section two thousand nine hundred eighty-five of the public
45 authorities law or sections sixteen-a, sixteen-b and sixteen-c of chap-
46 ter seven hundred seventy-four of the laws of nineteen hundred fifty
47 alleged OR LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B
48 OF THIS CHAPTER, (2) of the impending default judgment, (3) that such
49 judgment will be entered in the Civil Court of the city in which the
50 bureau has been established, or other court of civil jurisdiction or any
51 other place provided for the entry of civil judgments within the state
52 of New York, and (4) that a default may be avoided by entering a plea or
53 contesting an allegation of liability in accordance with section eleven
54 hundred eleven-a of this chapter or contesting an allegation of liabil-
55 ity in accordance with section two thousand nine hundred eighty-five of
56 the public authorities law or sections sixteen-a, sixteen-b and
S. 5286 7
1 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
2 hundred fifty OR CONTESTING AN ALLEGATION OF LIABILITY IN ACCORDANCE
3 WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER, as appropriate, or
4 making an appearance within thirty days of the sending of such notice.
5 Pleas entered and allegations contested within that period shall be in
6 the manner prescribed in the notice and not subject to additional penal-
7 ty or fee. Such notice of impending default judgment shall not be
8 required prior to the rendering and entry thereof in the case of opera-
9 tors or owners who are non-residents of the state of New York. In no
10 case shall a default judgment be rendered or, where required, a notice
11 of impending default judgment be sent, more than two years after the
12 expiration of the time prescribed for entering a plea or contesting an
13 allegation. When a person has demanded a hearing, no fine or penalty
14 shall be imposed for any reason, prior to the holding of the hearing. If
15 the hearing examiner shall make a determination on the charges, sustain-
16 ing them, he OR SHE shall impose no greater penalty or fine than those
17 upon which the person was originally charged.
18 S 10-a. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
19 law, subdivision 1 as added by chapter 715 of the laws of 1972, subdivi-
20 sion 2 as amended by chapter 365 of the laws of 1978, are amended to
21 read as follows:
22 1. The hearing examiner shall make a determination on the charges,
23 either sustaining or dismissing them. Where the hearing examiner deter-
24 mines that the charges have been sustained he OR SHE may examine EITHER
25 the prior parking violations record of the person charged, OR THE RECORD
26 OF LIABILITIES INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT-
27 Y-B OF THIS CHAPTER, AS APPLICABLE, prior to rendering a final determi-
28 nation. Final determinations sustaining or dismissing charges shall be
29 entered on a final determination roll maintained by the bureau together
30 with records showing payment and nonpayment of penalties.
31 2. Where an operator or owner fails to enter a plea to a charge of a
32 parking violation, OR FAILS TO CONTEST AN ALLEGATION OF LIABILITY
33 INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS
34 CHAPTER, or fails to appear on a designated hearing date or subsequent
35 adjourned date or fails after a hearing to comply with the determination
36 of a hearing examiner, as prescribed by this article or by rule or regu-
37 lation of the bureau, such failure to plead, appear or comply shall be
38 deemed, for all purposes, an admission of liability and shall be grounds
39 for rendering and entering a default judgment in an amount provided by
40 the rules and regulations of the bureau. However, after the expiration
41 of the original date prescribed for entering a plea and before a default
42 judgment may be rendered, in such case the bureau shall pursuant to the
43 applicable provisions of law notify such operator or owner, by such form
44 of first class mail as the commission may direct; (1) of the violation
45 charged OR LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B
46 OF THIS CHAPTER, (2) of the impending default judgment, (3) that such
47 judgment will be entered in the Civil Court of the city in which the
48 bureau has been established, or other court of civil jurisdiction or any
49 other place provided for the entry of civil judgments within the state
50 of New York, and (4) that a default may be avoided by entering a plea,
51 OR CONTESTING AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION
52 ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER, or making an appearance within
53 thirty days of the sending of such notice. Pleas entered within that
54 period shall be in the manner prescribed in the notice and not subject
55 to additional penalty or fee. Such notice of impending default judgment
56 shall not be required prior to the rendering and entry thereof in the
S. 5286 8
1 case of operators or owners who are non-residents of the state of New
2 York. In no case shall a default judgment be rendered or, where
3 required, a notice of impending default judgment be sent, more than two
4 years after the expiration of the time prescribed for entering a plea.
5 When a person has demanded a hearing, no fine or penalty shall be
6 imposed for any reason, prior to the holding of the hearing. If the
7 hearing examiner shall make a determination on the charges, sustaining
8 them, he OR SHE shall impose no greater penalty or fine than those upon
9 which the person was originally charged.
10 S 11. Subparagraph (i) of paragraph a of subdivision 5-a of section
11 401 of the vehicle and traffic law, as amended by chapter 496 of the
12 laws of 1990 and as designated by chapter 373 of the laws of 1994, is
13 amended to read as follows:
14 (i) If at the time of application for a registration or renewal there-
15 of there is a certification from a court, parking violations bureau,
16 traffic and parking violations agency or administrative tribunal of
17 appropriate jurisdiction or administrative tribunal of appropriate
18 jurisdiction that the registrant or his OR HER representative failed to
19 appear on the return date or any subsequent adjourned date or failed to
20 comply with the rules and regulations of an administrative tribunal
21 following entry of a final decision in response to a total of three or
22 more summonses or other process in the aggregate, issued within an eigh-
23 teen month period, charging either that (i) such motor vehicle was
24 parked, stopped or standing, or that such motor vehicle was operated for
25 hire by the registrant or his OR HER agent without being licensed as a
26 motor vehicle for hire by the appropriate local authority, in violation
27 of any of the provisions of this chapter or of any law, ordinance, rule
28 or regulation made by a local authority or (ii) the registrant was
29 liable in accordance with section eleven hundred eleven-a of this chap-
30 ter for a violation of subdivision (d) of section eleven hundred eleven
31 of this chapter OR (III) THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH
32 SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER FOR VIOLATIONS OF SUBDI-
33 VISIONS (C) AND (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER,
34 the commissioner or his OR HER agent shall deny the registration or
35 renewal application until the applicant provides proof from the court,
36 traffic and parking violations agency or administrative tribunal wherein
37 the charges are pending that an appearance or answer has been made or in
38 the case of an administrative tribunal that he OR SHE has complied with
39 the rules and regulations of said tribunal following entry of a final
40 decision. Where an application is denied pursuant to this section, the
41 commissioner may, in his OR HER discretion, deny a registration or
42 renewal application to any other person for the same vehicle and may
43 deny a registration or renewal application for any other motor vehicle
44 registered in the name of the applicant where the commissioner has
45 determined that such registrant's intent has been to evade the purposes
46 of this subdivision and where the commissioner has reasonable grounds to
47 believe that such registration or renewal will have the effect of
48 defeating the purposes of this subdivision. Such denial shall only
49 remain in effect as long as the summonses remain unanswered, or in the
50 case of an administrative tribunal, the registrant fails to comply with
51 the rules and regulations following entry of a final decision.
52 S 11-a. Paragraph a of subdivision 5-a of section 401 of the vehicle
53 and traffic law, as separately amended by chapters 339 and 592 of the
54 laws of 1987, is amended to read as follows:
55 a. If at the time of application for a registration or renewal thereof
56 there is a certification from a court or administrative tribunal of
S. 5286 9
1 appropriate jurisdiction that the registrant or his OR HER represen-
2 tative failed to appear on the return date or any subsequent adjourned
3 date or failed to comply with the rules and regulations of an adminis-
4 trative tribunal following entry of a final decision in response to
5 three or more summonses or other process, issued within an eighteen
6 month period, charging that: (A) such motor vehicle was parked, stopped
7 or standing, or that such motor vehicle was operated for hire by the
8 registrant or his agent without being licensed as a motor vehicle for
9 hire by the appropriate local authority, in violation of any of the
10 provisions of this chapter or of any law, ordinance, rule or regulation
11 made by a local authority, OR (B) THE REGISTRANT WAS LIABLE IN ACCORD-
12 ANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER FOR VIOLATIONS
13 OF SUBDIVISIONS (C) AND (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS
14 CHAPTER, the commissioner or his OR HER agent shall deny the registra-
15 tion or renewal application until the applicant provides proof from the
16 court or administrative tribunal wherein the charges are pending that an
17 appearance or answer has been made or in the case of an administrative
18 tribunal that he OR SHE has complied with the rules and regulations of
19 said tribunal following entry of a final decision. Where an application
20 is denied pursuant to this section, the commissioner may, in his OR HER
21 discretion, deny a registration or renewal application to any other
22 person for the same vehicle and may deny a registration or renewal
23 application for any other motor vehicle registered in the name of the
24 applicant where the commissioner has determined that such registrant's
25 intent has been to evade the purposes of this subdivision and where the
26 commissioner has reasonable grounds to believe that such registration or
27 renewal will have the effect of defeating the purposes of this subdivi-
28 sion. Such denial shall only remain in effect as long as the summonses
29 remain unanswered, or in the case of an administrative tribunal, the
30 registrant fails to comply with the rules and regulations following
31 entry of a final decision.
32 S 12. The vehicle and traffic law is amended by adding a new section
33 1180-b to read as follows:
34 S 1180-B. OWNER LIABILITY FOR FAILURE OF OPERATOR TO COMPLY WITH
35 APPLICABLE MAXIMUM SPEED LIMIT. 1. NOTWITHSTANDING ANY OTHER PROVISION
36 OF LAW, EACH CITY WITH A POPULATION OF ONE MILLION OR MORE IS HEREBY
37 AUTHORIZED AND EMPOWERED TO ESTABLISH A DEMONSTRATION PROGRAM IMPOSING
38 MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR
39 THEREOF TO COMPLY WITH THE APPLICABLE MAXIMUM SPEED LIMIT IN SUCH CITY
40 IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. THE DEPARTMENT OF
41 TRANSPORTATION OF SUCH CITY, FOR PURPOSES OF THE IMPLEMENTATION OF SUCH
42 PROGRAM, SHALL OPERATE SPEED LIMIT PHOTO DEVICES WITHIN SUCH CITY AT NO
43 MORE THAN FORTY AND NO FEWER THAN TWENTY LOCATIONS AT ANY ONE TIME
44 DURING ANY YEAR OF SUCH PROGRAM. SUCH SPEED LIMIT PHOTO DEVICES MAY BE
45 STATIONARY OR MOBILE AND SHALL BE ACTIVATED AT LOCATIONS SELECTED BY
46 SUCH DEPARTMENT OF TRANSPORTATION.
47 2. IN ANY CITY THAT HAS ESTABLISHED A DEMONSTRATION PROGRAM PURSUANT
48 TO SUBDIVISION ONE OF THIS SECTION, THE OWNER OF A VEHICLE SHALL BE
49 LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION IF SUCH VEHICLE
50 WAS USED OR OPERATED WITH THE PERMISSION OF THE OWNER, EXPRESS OR
51 IMPLIED, IN VIOLATION OF SUBDIVISION (C) OR (D) OF SECTION ELEVEN
52 HUNDRED EIGHTY OF THIS ARTICLE, AND SUCH VIOLATION IS EVIDENCED BY
53 INFORMATION OBTAINED FROM A SPEED LIMIT PHOTO DEVICE; PROVIDED HOWEVER
54 THAT NO OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED PURSU-
55 ANT TO THIS SECTION WHERE THE OPERATOR OF SUCH VEHICLE HAS BEEN
S. 5286 10
1 CONVICTED OF THE UNDERLYING VIOLATION OF SUBDIVISION (C) OR (D) OF
2 SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
3 3. FOR PURPOSES OF THIS SECTION, "OWNER" SHALL HAVE THE MEANING
4 PROVIDED IN SECTION TWO HUNDRED THIRTY-NINE OF THIS CHAPTER. FOR
5 PURPOSES OF THIS SECTION, "SPEED LIMIT PHOTO DEVICE" SHALL MEAN EQUIP-
6 MENT THAT TAKES A FILM OR DIGITAL CAMERA-BASED PHOTOGRAPH, MICROPHOTO-
7 GRAPH, VIDEO, OR OTHER RECORDED IMAGE WHICH IS LINKED WITH A VIOLATION
8 DETECTION SYSTEM THAT SYNCHRONIZES THE TAKING OF SUCH IMAGE OF A VEHICLE
9 AT THE TIME THE VEHICLE IS USED OR OPERATED IN VIOLATION OF SUBDIVISION
10 (C) OR (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
11 4. A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY THE
12 CITY IN WHICH THE CHARGED VIOLATION OCCURRED OR ITS VENDOR OR CONTRAC-
13 TOR, OR A FACSIMILE THEREOF, BASED UPON INSPECTION OF PHOTOGRAPHS,
14 MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY A SPEED
15 LIMIT PHOTO DEVICE, SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED
16 THEREIN. ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED
17 IMAGES EVIDENCING SUCH A VIOLATION SHALL BE AVAILABLE FOR INSPECTION IN
18 ANY PROCEEDING TO ADJUDICATE THE LIABILITY FOR SUCH VIOLATION PURSUANT
19 TO THIS SECTION.
20 5. AN OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (C) OR (D) OF
21 SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE SHALL BE LIABLE FOR MONE-
22 TARY PENALTIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND PENALTIES
23 PROMULGATED BY THE PARKING VIOLATIONS BUREAU OF SUCH CITY; PROVIDED,
24 HOWEVER, THAT THE MONETARY PENALTY FOR DRIVING AT A SPEED ONE TO TEN
25 MILES PER HOUR IN EXCESS OF THE MAXIMUM SPEED LIMIT SHALL NOT EXCEED
26 FIFTY DOLLARS, THE MONETARY PENALTY FOR DRIVING AT A SPEED MORE THAN TEN
27 AND LESS THAN THIRTY MILES PER HOUR IN EXCESS OF THE MAXIMUM SPEED LIMIT
28 SHALL NOT EXCEED SEVENTY-FIVE DOLLARS, AND THE MONETARY PENALTY FOR
29 DRIVING THIRTY MILES PER HOUR OR MORE IN EXCESS OF THE MAXIMUM SPEED
30 LIMIT SHALL NOT EXCEED ONE HUNDRED FIFTY DOLLARS; PROVIDED, FURTHER,
31 THAN AN OWNER SHALL BE LIABLE FOR AN ADDITIONAL PENALTY NOT TO EXCEED
32 TWENTY-FIVE DOLLARS FOR EACH VIOLATION FOR THE FAILURE TO RESPOND TO A
33 NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME PERIOD.
34 6. AN IMPOSITION OF LIABILITY PURSUANT TO THIS SECTION SHALL NOT BE
35 DEEMED A CONVICTION AS AN OPERATOR AND SHALL NOT BE MADE PART OF THE
36 OPERATING RECORD OF THE PERSON UPON WHOM SUCH LIABILITY IS IMPOSED NOR
37 SHALL IT BE USED FOR INSURANCE PURPOSES IN THE PROVISION OF MOTOR VEHI-
38 CLE INSURANCE COVERAGE.
39 7. (A) A NOTICE OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL IN
40 ACCORDANCE WITH THIS SECTION TO EACH PERSON ALLEGED TO BE LIABLE AS AN
41 OWNER FOR A VIOLATION OF SUBDIVISION (C) OR (D) OF SECTION ELEVEN
42 HUNDRED EIGHTY OF THIS ARTICLE. PERSONAL DELIVERY ON THE OWNER SHALL NOT
43 BE REQUIRED. A MANUAL OR AUTOMATIC RECORD OF MAILING PREPARED IN THE
44 ORDINARY COURSE OF BUSINESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS
45 CONTAINED THEREIN.
46 (B) A NOTICE OF LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE
47 PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION
48 (C) OR (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE, THE REGIS-
49 TRATION NUMBER OF THE VEHICLE INVOLVED IN SUCH VIOLATION, THE LOCATION
50 WHERE SUCH VIOLATION TOOK PLACE, THE DATE AND TIME OF SUCH VIOLATION AND
51 THE IDENTIFICATION NUMBER OF THE SPEED LIMIT PHOTO DEVICE WHICH RECORDED
52 THE VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER.
53 (C) THE NOTICE OF LIABILITY SHALL CONTAIN INFORMATION ADVISING THE
54 PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE OR SHE MAY CONTEST
55 THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO
56 CONTAIN A WARNING TO ADVISE THE PERSONS CHARGED THAT FAILURE TO CONTEST
S. 5286 11
1 IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF LIABIL-
2 ITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
3 (D) THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE AGENCY
4 OR AGENCIES DESIGNATED BY SUCH CITY.
5 8. IF AN OWNER OF A VEHICLE RECEIVES A NOTICE OF LIABILITY PURSUANT TO
6 THIS SECTION FOR ANY TIME PERIOD DURING WHICH SUCH VEHICLE WAS REPORTED
7 TO THE POLICE DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE A VALID
8 DEFENSE TO AN ALLEGATION OF LIABILITY FOR A VIOLATION OF SUBDIVISION (C)
9 OR (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE THAT THE VEHICLE
10 HAD BEEN REPORTED TO THE POLICE AS STOLEN PRIOR TO THE TIME THE
11 VIOLATION OCCURRED AND HAD NOT BEEN RECOVERED BY SUCH TIME. FOR PURPOSES
12 OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION IT SHALL BE SUFFI-
13 CIENT THAT AN ORIGINAL INCIDENT FORM ISSUED BY THE POLICE ON THE STOLEN
14 VEHICLE BE SENT BY FIRST CLASS MAIL TO THE PARKING VIOLATIONS BUREAU OF
15 SUCH CITY.
16 9. (A) AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF
17 LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION SEVEN OF THIS SECTION SHALL
18 NOT BE LIABLE FOR THE VIOLATION OF SUBDIVISION (C) OR (D) OF SECTION
19 ELEVEN HUNDRED EIGHTY OF THIS ARTICLE, PROVIDED THAT:
20 (I) PRIOR TO THE VIOLATION, THE LESSOR HAS FILED WITH SUCH PARKING
21 VIOLATIONS BUREAU IN ACCORDANCE WITH THE PROVISIONS OF SECTION TWO
22 HUNDRED THIRTY-NINE OF THIS CHAPTER; AND
23 (II) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM SUCH BUREAU
24 OF THE DATE AND TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFORMATION
25 CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY, THE LESSOR SUBMITS TO
26 SUCH BUREAU THE CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE
27 IDENTIFIED IN THE NOTICE OF LIABILITY AT THE TIME OF SUCH VIOLATION,
28 TOGETHER WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL,
29 LEASE OR OTHER CONTRACT DOCUMENT, AS MAY BE REASONABLY REQUIRED BY SUCH
30 BUREAU PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE.
31 (B) FAILURE TO COMPLY WITH SUBPARAGRAPH (II) OF PARAGRAPH (A) OF THIS
32 SUBDIVISION SHALL RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED IN
33 THIS SECTION.
34 (C) WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF PARAGRAPH (A) OF
35 THIS SUBDIVISION, THE LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH
36 VIOLATION SHALL BE DEEMED TO BE THE OWNER OF SUCH VEHICLE FOR PURPOSES
37 OF THIS SECTION, SHALL BE SUBJECT TO LIABILITY FOR SUCH VIOLATION PURSU-
38 ANT TO THIS SECTION AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO
39 SUBDIVISION SEVEN OF THIS SECTION.
40 10. IF THE OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (C) OR (D) OF
41 SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO THIS SECTION
42 WAS NOT THE OPERATOR OF THE VEHICLE AT THE TIME OF THE VIOLATION, THE
43 OWNER MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR.
44 11. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
45 OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF SUBDIVISION (C) OR (D)
46 OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
47 12. ANY CITY THAT ADOPTS A DEMONSTRATION PROGRAM PURSUANT TO SUBDIVI-
48 SION ONE OF THIS SECTION SHALL SUBMIT A REPORT BY APRIL FIRST OF EACH
49 YEAR ON THE RESULTS OF THE USE OF SPEED LIMIT PHOTO DEVICES TO THE
50 GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE
51 ASSEMBLY. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:
52 (A) A DESCRIPTION OF THE LOCATIONS WHERE SPEED LIMIT PHOTO DEVICES
53 WERE USED;
54 (B) THE NUMBER OF VIOLATIONS RECORDED AT EACH SUCH LOCATION AND IN THE
55 AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS;
56 (C) THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED;
S. 5286 12
1 (D) THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID AFTER FIRST
2 NOTICE OF LIABILITY;
3 (E) THE NUMBER OF VIOLATIONS ADJUDICATED AND RESULTS OF SUCH ADJUDI-
4 CATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE;
5 (F) THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH CITY; AND
6 (G) QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
7 S 13. The opening paragraph and paragraph (c) of subdivision 1 of
8 section 1809 of the vehicle and traffic law, as amended by section 2 of
9 part DD of chapter 56 of the laws of 2008, are amended to read as
10 follows:
11 Whenever proceedings in an administrative tribunal or a court of this
12 state result in a conviction for an offense under this chapter or a
13 traffic infraction under this chapter, or a local law, ordinance, rule
14 or regulation adopted pursuant to this chapter, other than a traffic
15 infraction involving standing, stopping, or parking or violations by
16 pedestrians or bicyclists, or other than an adjudication of liability of
17 an owner for a violation of subdivision (d) of section eleven hundred
18 eleven of this chapter in accordance with section eleven hundred
19 eleven-a of this chapter, OR OTHER THAN AN ADJUDICATION OF LIABILITY OF
20 AN OWNER FOR VIOLATIONS OF SUBDIVISIONS (C) AND (D) OF SECTION ELEVEN
21 HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
22 EIGHTY-B OF THIS CHAPTER, there shall be levied a crime victim assist-
23 ance fee and a mandatory surcharge, in addition to any sentence required
24 or permitted by law, in accordance with the following schedule:
25 (c) Whenever proceedings in an administrative tribunal or a court of
26 this state result in a conviction for an offense under this chapter
27 other than a crime pursuant to section eleven hundred ninety-two of this
28 chapter, or a traffic infraction under this chapter, or a local law,
29 ordinance, rule or regulation adopted pursuant to this chapter, other
30 than a traffic infraction involving standing, stopping, or parking or
31 violations by pedestrians or bicyclists, or other than an adjudication
32 of liability of an owner for a violation of subdivision (d) of section
33 eleven hundred eleven of this chapter in accordance with section eleven
34 hundred eleven-a of this chapter or other than an infraction pursuant to
35 article nine of this chapter or other than an adjudication of liability
36 of an owner for a violation of toll collection regulations pursuant to
37 section two thousand nine hundred eighty-five of the public authorities
38 law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
39 hundred seventy-four of the laws of nineteen hundred fifty, OR OTHER
40 THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR VIOLATIONS OF SUBDIVI-
41 SIONS (C) AND (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN
42 ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER, there
43 shall be levied a crime victim assistance fee in the amount of five
44 dollars and a mandatory surcharge, in addition to any sentence required
45 or permitted by law, in the amount of fifty-five dollars.
46 S 13-a. Subdivision 1 of section 1809 of the vehicle and traffic law,
47 as amended by chapter 190 of the laws of 1990, is amended to read as
48 follows:
49 1. Whenever proceedings in an administrative tribunal or a court of
50 this state result in a conviction for a crime under this chapter or a
51 traffic infraction under this chapter, or a local law, ordinance, rule
52 or regulation adopted pursuant to this chapter, other than a traffic
53 infraction involving standing, stopping, parking or motor vehicle equip-
54 ment or violations by pedestrians or bicyclists, or other than an adju-
55 dication of liability of an owner for a violation of subdivision (d) of
56 section eleven hundred eleven of this chapter in accordance with section
S. 5286 13
1 eleven hundred eleven-a of this chapter, OR OTHER THAN AN ADJUDICATION
2 OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (C) OR (D) OF
3 SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION
4 ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER, there shall be levied a manda-
5 tory surcharge, in addition to any sentence required or permitted by
6 law, in the amount of twenty-five dollars.
7 S 13-b. Subdivision 1 of section 1809 of the vehicle and traffic law,
8 as separately amended by chapter 16 of the laws of 1983 and chapter 62
9 of the laws of 1989, is amended to read as follows:
10 1. Whenever proceedings in an administrative tribunal or a court of
11 this state result in a conviction for a crime under this chapter or a
12 traffic infraction under this chapter other than a traffic infraction
13 involving standing, stopping, parking or motor vehicle equipment or
14 violations by pedestrians or bicyclists, OR OTHER THAN AN ADJUDICATION
15 OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (C) OR (D) OF
16 SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION
17 ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER, there shall be levied a manda-
18 tory surcharge, in addition to any sentence required or permitted by
19 law, in the amount of seventeen dollars.
20 S 14. Subdivision 2 of section 87 of the public officers law is
21 amended by adding a new paragraph (k) to read as follows:
22 (K) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED
23 IMAGES PRODUCED BY A SPEED LIMIT PHOTO DEVICE PREPARED UNDER THE AUTHOR-
24 ITY OF SECTION ELEVEN HUNDRED EIGHTY-B OF THE VEHICLE AND TRAFFIC LAW.
25 S 15. This act shall take effect on the thirtieth day after it shall
26 have become a law and shall expire 3 years after such effective date
27 when upon such date the provisions of this act shall be deemed repealed;
28 and provided that any rules and regulations necessary for the implemen-
29 tation of this act on its effective date shall be promulgated on or
30 before such date;
31 (a) provided, however, that the amendments to subdivision 1 of section
32 235 of the vehicle and traffic law made by section one of this act shall
33 not affect the expiration of such section and shall be deemed to expire
34 therewith, when upon such date the provisions of section one-a of this
35 act shall take effect, provided, further, however, that the amendments
36 to subdivision 1 of section 235 of the vehicle and traffic law made by
37 section one-a of this act shall not affect the expiration of such subdi-
38 vision and shall be deemed to expire therewith, when upon such date the
39 provisions of section one-b of this act shall take effect;
40 (b) provided, further, that the amendments to subdivision 1 of section
41 236 of the vehicle and traffic law made by section two of this act shall
42 not affect the expiration of such subdivision and shall be deemed to
43 expire therewith, when upon such date the provisions of section two-a of
44 this act shall take effect;
45 (c) provided, further, that the amendments to paragraph f of subdivi-
46 sion 1 of section 239 of the vehicle and traffic law made by section
47 five of this act shall not affect the expiration of such paragraph and
48 shall be deemed to expire therewith, when upon such date the provisions
49 of section five-a of this act shall take effect;
50 (d) provided, further, that the amendments to subdivision 4 of section
51 239 of the vehicle and traffic law made by section six of this act shall
52 not affect the repeal of such subdivision and shall be deemed repealed
53 therewith, when upon such date the provisions of section six-a of this
54 act shall take effect;
55 (e) provided, further, that the amendments to subdivision 1 of section
56 240 of the vehicle and traffic law made by section seven of this act
S. 5286 14
1 shall not affect the expiration of such subdivision and shall be deemed
2 to expire therewith, when upon such date the provisions of section
3 seven-a of this act shall take effect;
4 (f) provided, further, that the amendments to subdivision 1-a of
5 section 240 of the vehicle and traffic law made by section eight of this
6 act shall not affect the expiration of such subdivision and shall be
7 deemed to expire therewith, when upon such date the provisions of
8 section eight-a of this act shall take effect;
9 (g) provided, further, that the amendments to paragraphs a and g of
10 subdivision 2 of section 240 of the vehicle and traffic law made by
11 section nine of this act shall not affect the expiration of such para-
12 graphs and shall be deemed to expire therewith, when upon such date the
13 provisions of section nine-a of this act shall take effect;
14 (h) provided, further, that the amendments to subdivisions 1 and 2 of
15 section 241 of the vehicle and traffic law made by section ten of this
16 act shall not affect the expiration of such subdivisions and shall be
17 deemed to expire therewith, when upon such date the provisions of
18 section ten-a of this act shall take effect;
19 (i) provided, further, that the amendments to subparagraph (i) of
20 paragraph a of subdivision 5-a of section 401 of the vehicle and traffic
21 law made by section eleven of this act shall not affect the expiration
22 of such paragraph and shall be deemed to expire therewith, when upon
23 such date the provisions of section eleven-a of this act shall take
24 effect; and
25 (j) provided, further, that the amendments to subdivision 1 of section
26 1809 of the vehicle and traffic law made by section thirteen of this act
27 shall not affect the expiration of such subdivision and shall be deemed
28 to expire therewith, when upon such date the provisions of section thir-
29 teen-a of this act shall take effect, provided, further, however, that
30 the amendments to subdivision 1 of section 1809 of the vehicle and traf-
31 fic law made by section thirteen-a of this act shall not affect the
32 expiration of such subdivision and shall be deemed to expire therewith,
33 when upon such date the provisions of section thirteen-b of this act
34 shall take effect.
