Bill Text: NY S07295 | 2013-2014 | General Assembly | Amended
Bill Title: Relates to owner liability for failure of operator to comply with traffic control indications in the city of Albany; authorizes such city to establish a demonstration program for traffic-control signal photo violation monitoring devices.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-06-20 - SUBSTITUTED BY A9583A [S07295 Detail]
Download: New_York-2013-S07295-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
S. 7295--A A. 9583--A
S E N A T E - A S S E M B L Y
May 9, 2014
___________
IN SENATE -- Introduced by Sen. BRESLIN -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Transporta-
tion -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
IN ASSEMBLY -- Introduced by M. of A. FAHY, McDONALD -- read once and
referred to the Committee on Transportation -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the vehicle and traffic law, the general municipal law,
and the public officers law, in relation to owner liability for fail-
ure of operator to comply with traffic-control indications; and
providing for the repeal of such provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 1 of section 235 of the vehicle and traffic
2 law, as amended by section 1 of chapter 189 of the laws of 2013, is
3 amended to read as follows:
4 1. Notwithstanding any inconsistent provision of any general, special
5 or local law or administrative code to the contrary, in any city which
6 heretofore or hereafter is authorized to establish an administrative
7 tribunal to hear and determine complaints of traffic infractions consti-
8 tuting parking, standing or stopping violations, or to adjudicate the
9 liability of owners for violations of subdivision (d) of section eleven
10 hundred eleven of this chapter in accordance with section eleven hundred
11 eleven-a of this chapter, or to adjudicate the liability of owners for
12 violations of subdivision (d) of section eleven hundred eleven of this
13 chapter in accordance with sections eleven hundred eleven-b of this
14 chapter as added by sections sixteen of chapters twenty, twenty-one, and
15 twenty-two of the laws of two thousand nine, OR TO ADJUDICATE THE
16 LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (D) OF SECTION ELEVEN
17 HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
18 ELEVEN-D OF THIS CHAPTER, or to adjudicate the liability of owners for
19 violations of toll collection regulations as defined in and in accord-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14185-05-4
S. 7295--A 2 A. 9583--A
1 ance with the provisions of section two thousand nine hundred eighty-
2 five of the public authorities law and sections sixteen-a, sixteen-b and
3 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
4 hundred fifty, or to adjudicate liability of owners in accordance with
5 section eleven hundred eleven-c of this chapter for violations of bus
6 lane restrictions as defined in subdivision (b), (c), (d), (f) or (g) of
7 such section, or to adjudicate the liability of owners for violations of
8 section eleven hundred eighty of this chapter in accordance with section
9 eleven hundred eighty-b of this chapter, such tribunal and the rules and
10 regulations pertaining thereto shall be constituted in substantial
11 conformance with the following sections.
12 S 1-a. Section 235 of the vehicle and traffic law, as amended by
13 section 1-a of chapter 189 of the laws of 2013, is amended to read as
14 follows:
15 S 235. Jurisdiction. Notwithstanding any inconsistent provision of any
16 general, special or local law or administrative code to the contrary, in
17 any city which heretofore or hereafter is authorized to establish an
18 administrative tribunal to hear and determine complaints of traffic
19 infractions constituting parking, standing or stopping violations, or to
20 adjudicate the liability of owners for violations of subdivision (d) of
21 section eleven hundred eleven of this chapter in accordance with section
22 eleven hundred eleven-a of this chapter, or to adjudicate the liability
23 of owners for violations of subdivision (d) of section eleven hundred
24 eleven of this chapter in accordance with sections eleven hundred
25 eleven-b of this chapter as added by sections sixteen of chapters twen-
26 ty, twenty-one, and twenty-two of the laws of two thousand nine, OR TO
27 ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (D) OF
28 SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION
29 ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, or to adjudicate the liability
30 of owners for violations of toll collection regulations as defined in
31 and in accordance with the provisions of section two thousand nine
32 hundred eighty-five of the public authorities law and sections
33 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
34 of the laws of nineteen hundred fifty, or to adjudicate liability of
35 owners in accordance with section eleven hundred eleven-c of this chap-
36 ter for violations of bus lane restrictions as defined in such section,
37 or to adjudicate the liability of owners for violations of subdivision
38 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
39 ter in accordance with section eleven hundred eighty-b of this chapter,
40 such tribunal and the rules and regulations pertaining thereto shall be
41 constituted in substantial conformance with the following sections.
42 S 1-b. Section 235 of the vehicle and traffic law, as amended by
43 section 1-b of chapter 189 of the laws of 2013, is amended to read as
44 follows:
45 S 235. Jurisdiction. Notwithstanding any inconsistent provision of any
46 general, special or local law or administrative code to the contrary, in
47 any city which heretofore or hereafter is authorized to establish an
48 administrative tribunal to hear and determine complaints of traffic
49 infractions constituting parking, standing or stopping violations, or to
50 adjudicate the liability of owners for violations of subdivision (d) of
51 section eleven hundred eleven of this chapter in accordance with
52 sections eleven hundred eleven-b of this chapter as added by sections
53 sixteen of chapters twenty, twenty-one, and twenty-two of the laws of
54 two thousand nine, OR TO ADJUDICATE THE LIABILITY OF OWNERS FOR
55 VIOLATIONS OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS
56 CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAP-
S. 7295--A 3 A. 9583--A
1 TER, or to adjudicate the liability of owners for violations of toll
2 collection regulations as defined in and in accordance with the
3 provisions of section two thousand nine hundred eighty-five of the
4 public authorities law and sections sixteen-a, sixteen-b and sixteen-c
5 of chapter seven hundred seventy-four of the laws of nineteen hundred
6 fifty, or to adjudicate liability of owners in accordance with section
7 eleven hundred eleven-c of this chapter for violations of bus lane
8 restrictions as defined in such section, or to adjudicate the liability
9 of owners for violations of subdivision (b), (c), (d), (f) or (g) of
10 section eleven hundred eighty of this chapter in accordance with section
11 eleven hundred eighty-b of this chapter, such tribunal and the rules and
12 regulations pertaining thereto shall be constituted in substantial
13 conformance with the following sections.
14 S 1-c. Section 235 of the vehicle and traffic law, as amended by
15 section 1-c of chapter 189 of the laws of 2013, is amended to read as
16 follows:
17 S 235. Jurisdiction. Notwithstanding any inconsistent provision of any
18 general, special or local law or administrative code to the contrary, in
19 any city which heretofore or hereafter is authorized to establish an
20 administrative tribunal to hear and determine complaints of traffic
21 infractions constituting parking, standing or stopping violations, OR TO
22 ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (D) OF
23 SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION
24 ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, or to adjudicate the liability
25 of owners for violations of toll collection regulations as defined in
26 and in accordance with the provisions of section two thousand nine
27 hundred eighty-five of the public authorities law and sections
28 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
29 of the laws of nineteen hundred fifty, or to adjudicate liability of
30 owners in accordance with section eleven hundred eleven-c of this chap-
31 ter for violations of bus lane restrictions as defined in such section,
32 or to adjudicate the liability of owners for violations of subdivision
33 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
34 ter in accordance with section eleven hundred eighty-b of this chapter,
35 such tribunal and the rules and regulations pertaining thereto shall be
36 constituted in substantial conformance with the following sections.
37 S 1-d. Section 235 of the vehicle and traffic law, as amended by
38 section 1-d of chapter 189 of the laws of 2013, is amended to read as
39 follows:
40 S 235. Jurisdiction. Notwithstanding any inconsistent provision of any
41 general, special or local law or administrative code to the contrary, in
42 any city which heretofore or hereafter is authorized to establish an
43 administrative tribunal to hear and determine complaints of traffic
44 infractions constituting parking, standing or stopping violations, OR TO
45 ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (D) OF
46 SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION
47 ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, or to adjudicate the liability
48 of owners for violations of toll collection regulations as defined in
49 and in accordance with the provisions of section two thousand nine
50 hundred eighty-five of the public authorities law and sections
51 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
52 of the laws of nineteen hundred fifty, or to adjudicate liability of
53 owners for violations of subdivisions (c) and (d) of section eleven
54 hundred eighty of this chapter in accordance with section eleven hundred
55 eighty-b of this chapter, such tribunal and the rules and regulations
S. 7295--A 4 A. 9583--A
1 pertaining thereto shall be constituted in substantial conformance with
2 the following sections.
3 S 1-e. Section 235 of the vehicle and traffic law, as separately
4 amended by chapter 715 of the laws of 1972 and chapter 379 of the laws
5 of 1992, is amended to read as follows:
6 S 235. Jurisdiction. Notwithstanding any inconsistent provision of any
7 general, special or local law or administrative code to the contrary, in
8 any city which heretofore or hereafter is authorized to establish an
9 administrative tribunal to hear and determine complaints of traffic
10 infractions constituting parking, standing or stopping violations, OR TO
11 ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (D) OF
12 SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION
13 ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, or to adjudicate the liability
14 of owners for violations of toll collection regulations as defined in
15 and in accordance with the provisions of section two thousand nine
16 hundred eighty-five of the public authorities law and sections
17 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
18 of the laws of nineteen hundred fifty, such tribunal and the rules and
19 regulations pertaining thereto shall be constituted in substantial
20 conformance with the following sections.
21 S 2. Subdivision 1 of section 236 of the vehicle and traffic law, as
22 amended by section 2 of chapter 189 of the laws of 2013, is amended to
23 read as follows:
24 1. Creation. In any city as hereinbefore or hereafter authorized such
25 tribunal when created shall be known as the parking violations bureau
26 and shall have jurisdiction of traffic infractions which constitute a
27 parking violation and, where authorized by local law adopted pursuant to
28 subdivision (a) of section eleven hundred eleven-a of this chapter or
29 subdivisions (a) of sections eleven hundred eleven-b of this chapter as
30 added by sections sixteen of chapters twenty, twenty-one, and twenty-two
31 of the laws of two thousand nine, OR SUBDIVISION (A) OF SECTION ELEVEN
32 HUNDRED ELEVEN-D OF THIS CHAPTER, shall adjudicate the liability of
33 owners for violations of subdivision (d) of section eleven hundred elev-
34 en of this chapter in accordance with such section eleven hundred
35 eleven-a [or such], sections eleven hundred eleven-b as added by
36 sections sixteen of chapters twenty, twenty-one, and twenty-two of the
37 laws of two thousand nine, OR SECTION ELEVEN HUNDRED ELEVEN-D and shall
38 adjudicate the liability of owners for violations of toll collection
39 regulations as defined in and in accordance with the provisions of
40 section two thousand nine hundred eighty-five of the public authorities
41 law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven
42 hundred seventy-four of the laws of nineteen hundred fifty and shall
43 adjudicate liability of owners in accordance with section eleven hundred
44 eleven-c of this chapter for violations of bus lane restrictions as
45 defined in such section and shall adjudicate the liability of owners for
46 violations of subdivision (b), (c), (d), (f) or (g) of section eleven
47 hundred eighty of this chapter in accordance with section eleven hundred
48 eighty-b of this chapter. Such tribunal, except in a city with a popu-
49 lation of one million or more, shall also have jurisdiction of abandoned
50 vehicle violations. For the purposes of this article, a parking
51 violation is the violation of any law, rule or regulation providing for
52 or regulating the parking, stopping or standing of a vehicle. In addi-
53 tion for purposes of this article, "commissioner" shall mean and include
54 the commissioner of traffic of the city or an official possessing
55 authority as such a commissioner.
S. 7295--A 5 A. 9583--A
1 S 2-a. Subdivision 1 of section 236 of the vehicle and traffic law, as
2 amended by section 2-a of chapter 189 of the laws of 2013, is amended to
3 read as follows:
4 1. Creation. In any city as hereinbefore or hereafter authorized such
5 tribunal when created shall be known as the parking violations bureau
6 and shall have jurisdiction of traffic infractions which constitute a
7 parking violation and, where authorized by local law adopted pursuant to
8 subdivisions (a) of sections eleven hundred eleven-b of this chapter as
9 added by sections sixteen of chapters twenty, twenty-one, and twenty-two
10 of the laws of two thousand nine, OR SUBDIVISION (A) OF SECTION ELEVEN
11 HUNDRED ELEVEN-D OF THIS CHAPTER, shall adjudicate the liability of
12 owners for violations of subdivision (d) of section eleven hundred elev-
13 en of this chapter in accordance with such sections eleven hundred
14 eleven-b as added by sections sixteen of chapters twenty, twenty-one,
15 and twenty-two of the laws of two thousand nine OR SECTION ELEVEN
16 HUNDRED ELEVEN-D; and shall adjudicate liability of owners in accordance
17 with section eleven hundred eleven-c of this chapter for violations of
18 bus lane restrictions as defined in such section and shall adjudicate
19 liability of owners for violations of subdivisions (c) and (d) of
20 section eleven hundred eighty of this chapter in accordance with section
21 eleven hundred eighty-b of this chapter. For the purposes of this arti-
22 cle, a parking violation is the violation of any law, rule or regulation
23 providing for or regulating the parking, stopping or standing of a vehi-
24 cle. In addition for purposes of this article, "commissioner" shall mean
25 and include the commissioner of traffic of the city or an official
26 possessing authority as such a commissioner.
27 S 2-b. Subdivision 1 of section 236 of the vehicle and traffic law, as
28 amended by section 2-b of chapter 189 of the laws of 2013, is amended to
29 read as follows:
30 1. Creation. In any city as hereinbefore or hereafter authorized such
31 tribunal when created shall be known as the parking violations bureau
32 and shall have jurisdiction of traffic infractions which constitute a
33 parking violation and, WHERE AUTHORIZED BY LOCAL LAW ADOPTED PURSUANT TO
34 SUBDIVISION (A) OF SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER,
35 shall adjudicate liability of owners in accordance with section eleven
36 hundred eleven-c of this chapter for violations of bus lane restrictions
37 as defined in such section; and shall adjudicate the liability of owners
38 for violations of subdivision (b), (c), (d), (f) or (g) of section elev-
39 en hundred eighty of this chapter in accordance with section eleven
40 hundred eighty-b of this chapter. For the purposes of this article, a
41 parking violation is the violation of any law, rule or regulation
42 providing for or regulating the parking, stopping or standing of a vehi-
43 cle. In addition for purposes of this article, "commissioner" shall mean
44 and include the commissioner of traffic of the city or an official
45 possessing authority as such a commissioner.
46 S 2-c. Subdivision 1 of section 236 of the vehicle and traffic law, as
47 amended by section 2-c of chapter 189 of the laws of 2013, is amended to
48 read as follows:
49 1. Creation. In any city as hereinbefore or hereafter authorized such
50 tribunal when created shall be known as the parking violations bureau
51 and, WHERE AUTHORIZED BY LOCAL LAW ADOPTED PURSUANT TO SUBDIVISION (A)
52 OF SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, shall have jurisdic-
53 tion of traffic infractions which constitute a parking violation and
54 shall adjudicate the liability of owners for violations of subdivision
55 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
56 ter in accordance with section eleven hundred eighty-b of this chapter.
S. 7295--A 6 A. 9583--A
1 For the purposes of this article, a parking violation is the violation
2 of any law, rule or regulation providing for or regulating the parking,
3 stopping or standing of a vehicle. In addition for purposes of this
4 article, "commissioner" shall mean and include the commissioner of traf-
5 fic of the city or an official possessing authority as such a commis-
6 sioner.
7 S 2-d. Subdivision 1 of section 236 of the vehicle and traffic law, as
8 added by chapter 715 of the laws of 1972, is amended to read as follows:
9 1. Creation. In any city as hereinbefore or hereafter authorized such
10 tribunal when created shall be known as the parking violations bureau
11 and, WHERE AUTHORIZED BY LOCAL LAW ADOPTED PURSUANT TO SUBDIVISION (A)
12 OF SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, shall have jurisdic-
13 tion of traffic infractions which constitute a parking violation. For
14 the purposes of this article, a parking violation is the violation of
15 any law, rule or regulation providing for or regulating the parking,
16 stopping or standing of a vehicle. In addition for purposes of this
17 article, "commissioner" shall mean and include the commissioner of traf-
18 fic of the city or an official possessing authority as such a commis-
19 sioner.
20 S 3. Section 237 of the vehicle and traffic law is amended by adding a
21 new subdivision 14 to read as follows:
22 14. TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVI-
23 SION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE
24 WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, IF AUTHORIZED BY
25 LOCAL LAW ADOPTED PURSUANT TO SUBDIVISION (A) OF SUCH SECTION ELEVEN
26 HUNDRED ELEVEN-D.
27 S 4. Paragraph f of subdivision 1 of section 239 of the vehicle and
28 traffic law, as amended by section 4 of chapter 189 of the laws of 2013,
29 is amended to read as follows:
30 f. "Notice of violation" means a notice of violation as defined in
31 subdivision nine of section two hundred thirty-seven of this article,
32 but shall not be deemed to include a notice of liability issued pursuant
33 to authorization set forth in section eleven hundred eleven-a of this
34 chapter, or sections eleven hundred eleven-b of this chapter as added by
35 sections sixteen of chapters twenty, twenty-one, and twenty-two of the
36 laws of two thousand nine, OR SECTION ELEVEN HUNDRED ELEVEN-D OF THIS
37 CHAPTER, and shall not be deemed to include a notice of liability issued
38 pursuant to section two thousand nine hundred eighty-five of the public
39 authorities law and sections sixteen-a, sixteen-b and sixteen-c of chap-
40 ter seven hundred seventy-four of the laws of nineteen hundred fifty and
41 shall not be deemed to include a notice of liability issued pursuant to
42 section eleven hundred eleven-c of this chapter and shall not be deemed
43 to include a notice of liability issued pursuant to section eleven
44 hundred eighty-b of this chapter.
45 S 4-a. Paragraph f of subdivision 1 of section 239 of the vehicle and
46 traffic law, as amended by section 4-a of chapter 189 of the laws of
47 2013, is amended to read as follows:
48 f. "Notice of violation" means a notice of violation as defined in
49 subdivision nine of section two hundred thirty-seven of this article but
50 shall not be deemed to include a notice of liability issued pursuant to
51 authorization set forth in sections eleven hundred eleven-b of this
52 chapter as added by sections sixteen of chapters twenty, twenty-one, and
53 twenty-two of the laws of two thousand nine OR SECTION ELEVEN HUNDRED
54 ELEVEN-D OF THIS CHAPTER and shall not be deemed to include a notice of
55 liability issued pursuant to section eleven hundred eleven-c of this
S. 7295--A 7 A. 9583--A
1 chapter and shall not be deemed to include a notice of liability issued
2 pursuant to section eleven hundred eighty-b of this chapter.
3 S 4-b. Paragraph f of subdivision 1 of section 239 of the vehicle and
4 traffic law, as amended by section 4-b of chapter 189 of the laws of
5 2013, is amended to read as follows:
6 f. "Notice of violation" means a notice of violation as defined in
7 subdivision nine of section two hundred thirty-seven of this article and
8 shall not be deemed to include a notice of liability issued pursuant TO
9 AUTHORIZATION SET FORTH IN SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAP-
10 TER AND SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED
11 PURSUANT to section eleven hundred eleven-c of this chapter and shall
12 not be deemed to include a notice of liability issued pursuant to
13 section eleven hundred eighty-b of this chapter.
14 S 4-c. Paragraph f of subdivision 1 of section 239 of the vehicle and
15 traffic law, as amended by section 4-c of chapter 189 of the laws of
16 2013, is amended to read as follows:
17 f. "Notice of violation" means a notice of violation as defined in
18 subdivision nine of section two hundred thirty-seven of this article AND
19 SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT TO
20 AUTHORIZATION SET FORTH IN SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAP-
21 TER and shall not be deemed to include a notice of liability issued
22 pursuant to section eleven hundred eighty-b of this chapter.
23 S 4-d. Paragraph f of subdivision 1 of section 239 of the vehicle and
24 traffic law, as added by chapter 180 of the laws of 1980, is amended to
25 read as follows:
26 f. "Notice of violation" means a notice of violation as defined in
27 subdivision nine of section two hundred thirty-seven of this article AND
28 SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT TO
29 AUTHORIZATION SET FORTH IN SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAP-
30 TER.
31 S 5. Subdivisions 1 and 1-a of section 240 of the vehicle and traffic
32 law, as amended by section 6 of chapter 189 of the laws of 2013, are
33 amended to read as follows:
34 1. Notice of hearing. Whenever a person charged with a parking
35 violation enters a plea of not guilty or a person alleged to be liable
36 in accordance with section eleven hundred eleven-a of this chapter or
37 sections eleven hundred eleven-b of this chapter as added by sections
38 sixteen of chapters twenty, twenty-one, and twenty-two of the laws of
39 two thousand nine OR SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER,
40 for a violation of subdivision (d) of section eleven hundred eleven of
41 this chapter contests such allegation, or a person alleged to be liable
42 in accordance with the provisions of section two thousand nine hundred
43 eighty-five of the public authorities law or sections sixteen-a,
44 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
45 laws of nineteen hundred fifty, or a person alleged to be liable in
46 accordance with the provisions of section eleven hundred eleven-c of
47 this chapter for a violation of a bus lane restriction as defined in
48 such section contests such allegation, or a person alleged to be liable
49 in accordance with the provisions of section eleven hundred eighty-b of
50 this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of
51 section eleven hundred eighty of this chapter contests such allegation,
52 the bureau shall advise such person personally by such form of first
53 class mail as the director may direct of the date on which he or she
54 must appear to answer the charge at a hearing. The form and content of
55 such notice of hearing shall be prescribed by the director, and shall
56 contain a warning to advise the person so pleading or contesting that
S. 7295--A 8 A. 9583--A
1 failure to appear on the date designated, or on any subsequent adjourned
2 date, shall be deemed an admission of liability, and that a default
3 judgment may be entered thereon.
4 1-a. Fines and penalties. Whenever a plea of not guilty has been
5 entered, or the bureau has been notified that an allegation of liability
6 in accordance with section eleven hundred eleven-a of this chapter or
7 sections eleven hundred eleven-b of this chapter as added by sections
8 sixteen of chapters twenty, twenty-one, and twenty-two of the laws of
9 two thousand nine OR SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER or
10 an allegation of liability in accordance with section two thousand nine
11 hundred eighty-five of the public authorities law or sections sixteen-a,
12 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
13 laws of nineteen hundred fifty or an allegation of liability in accord-
14 ance with section eleven hundred eleven-c of this chapter or an allega-
15 tion of liability in accordance with section eleven hundred eighty-b of
16 this chapter, is being contested, by a person in a timely fashion and a
17 hearing upon the merits has been demanded, but has not yet been held,
18 the bureau shall not issue any notice of fine or penalty to that person
19 prior to the date of the hearing.
20 S 5-a. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
21 fic law, as amended by section 6-a of chapter 189 of the laws of 2013,
22 are amended to read as follows:
23 1. Notice of hearing. Whenever a person charged with a parking
24 violation enters a plea of not guilty or a person alleged to be liable
25 in accordance with sections eleven hundred eleven-b of this chapter as
26 added by sections sixteen of chapters twenty, twenty-one, and twenty-two
27 of the laws of two thousand nine OR SECTION ELEVEN HUNDRED ELEVEN-D OF
28 THIS CHAPTER for a violation of subdivision (d) of section eleven
29 hundred eleven of this chapter, or a person alleged to be liable in
30 accordance with the provisions of section eleven hundred eleven-c of
31 this chapter for a violation of a bus lane restriction as defined in
32 such section contests such allegation, or a person alleged to be liable
33 in accordance with the provisions of section eleven hundred eighty-b of
34 this chapter for violations of subdivision (b), (c), (d), (f) or (g) of
35 section eleven hundred eighty of this chapter contests such allegation,
36 the bureau shall advise such person personally by such form of first
37 class mail as the director may direct of the date on which he or she
38 must appear to answer the charge at a hearing. The form and content of
39 such notice of hearing shall be prescribed by the director, and shall
40 contain a warning to advise the person so pleading or contesting that
41 failure to appear on the date designated, or on any subsequent adjourned
42 date, shall be deemed an admission of liability, and that a default
43 judgment may be entered thereon.
44 1-a. Fines and penalties. Whenever a plea of not guilty has been
45 entered, or the bureau has been notified that an allegation of liability
46 in accordance with sections eleven hundred eleven-b of this chapter, as
47 added by sections sixteen of chapters twenty, twenty-one, and twenty-two
48 of the laws of two thousand nine[,] OR IN ACCORDANCE WITH SECTION ELEVEN
49 HUNDRED ELEVEN-D OF THIS CHAPTER or an allegation of liability in
50 accordance with section eleven hundred eleven-c of this chapter or an
51 allegation of liability in accordance with section eleven hundred eight-
52 y-b of this chapter is being contested, by a person in a timely fashion
53 and a hearing upon the merits has been demanded, but has not yet been
54 held, the bureau shall not issue any notice of fine or penalty to that
55 person prior to the date of the hearing.
S. 7295--A 9 A. 9583--A
1 S 5-b. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
2 fic law, as amended by section 6-b of chapter 189 of the laws of 2013,
3 are amended to read as follows:
4 1. Notice of hearing. Whenever a person charged with a parking
5 violation enters a plea of not guilty or a person alleged to be liable
6 in accordance with SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER OR IN
7 ACCORDANCE WITH the provisions of section eleven hundred eleven-c of
8 this chapter for a violation of a bus lane restriction as defined in
9 such section, contests such allegation, or a person alleged to be liable
10 in accordance with the provisions of section eleven hundred eighty-b of
11 this chapter for violations of subdivision (b), (c), (d), (f) or (g) of
12 section eleven hundred eighty of this chapter contests such allegation,
13 the bureau shall advise such person personally by such form of first
14 class mail as the director may direct of the date on which he or she
15 must appear to answer the charge at a hearing. The form and content of
16 such notice of hearing shall be prescribed by the director, and shall
17 contain a warning to advise the person so pleading that failure to
18 appear on the date designated, or on any subsequent adjourned date,
19 shall be deemed an admission of liability, and that a default judgment
20 may be entered thereon.
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 ELEVEN-D OF THIS CHAPTER OR IN
24 ACCORDANCE WITH section eleven hundred eleven-c of this chapter or an
25 allegation of liability in accordance with section eleven hundred eight-
26 y-b of this chapter is being contested, by a person in a timely fashion
27 and a hearing upon the merits has been demanded, but has not yet been
28 held, the bureau shall not issue any notice of fine or penalty to that
29 person prior to the date of the hearing.
30 S 5-c. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
31 fic law, as amended by section 6-c of chapter 189 of the laws of 2013,
32 are amended to read as follows:
33 1. Notice of hearing. Whenever a person charged with a parking
34 violation enters a plea of not guilty, OR A PERSON ALLEGED TO BE LIABLE
35 IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, or a
36 person alleged to be liable in accordance with the provisions of section
37 eleven hundred eighty-b of this chapter for violations of subdivision
38 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
39 ter contests such allegation, the bureau shall advise such person
40 personally by such form of first class mail as the director may direct
41 of the date on which he or she must appear to answer the charge at a
42 hearing. The form and content of such notice of hearing shall be
43 prescribed by the director, and shall contain a warning to advise the
44 person so pleading that failure to appear on the date designated, or on
45 any subsequent adjourned date, shall be deemed an admission of liabil-
46 ity, and that a default judgment may be entered thereon.
47 1-a. Fines and penalties. Whenever a plea of not guilty has been
48 entered, OR THE BUREAU HAS BEEN NOTIFIED THAT AN ALLEGATION OF LIABILITY
49 IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, or
50 the bureau has been notified that an allegation of liability in accord-
51 ance with section eleven hundred eighty-b of this chapter, is being
52 contested, by a person in a timely fashion and a hearing upon the merits
53 has been demanded, but has not yet been held, the bureau shall not issue
54 any notice of fine or penalty to that person prior to the date of the
55 hearing.
S. 7295--A 10 A. 9583--A
1 S 5-d. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
2 fic law, subdivision 1 as added by chapter 715 of the laws of 1972 and
3 subdivision 1-a as added by chapter 365 of the laws of 1978, are amended
4 to read as follows:
5 1. Notice of hearing. Whenever a person charged with a parking
6 violation enters a plea of not guilty, OR A PERSON ALLEGED TO BE LIABLE
7 IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER
8 CONTESTS SUCH ALLEGATION, the bureau shall advise such person personally
9 by such form of first class mail as the director may direct of the date
10 on which he OR SHE must appear to answer the charge at a hearing. The
11 form and content of such notice of hearing shall be prescribed by the
12 director, and shall contain a warning to advise the person so pleading
13 that failure to appear on the date designated, or on any subsequent
14 adjourned date, shall be deemed an admission of liability, and that a
15 default judgment may be entered thereon.
16 1-a. Fines and penalties. Whenever a plea of not guilty has been
17 entered, OR THE BUREAU HAS BEEN NOTIFIED THAT AN ALLEGATION OF LIABILITY
18 IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, IS
19 BEING CONTESTED, by a person in a timely fashion and a hearing upon the
20 merits has been demanded, but has not yet been held, the bureau shall
21 not issue any notice of fine or penalty to that person prior to the date
22 of the hearing.
23 S 6. Paragraphs a and g of subdivision 2 of section 240 of the vehicle
24 and traffic law, as amended by section 7 of chapter 189 of the laws of
25 2013, are amended to read as follows:
26 a. Every hearing for the adjudication of a charge of parking violation
27 or an allegation of liability in accordance with section eleven hundred
28 eleven-a of this chapter or in accordance with sections eleven hundred
29 eleven-b of this chapter as added by sections sixteen of chapters twen-
30 ty, twenty-one, and twenty-two of the laws of two thousand nine or IN
31 ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER OR an
32 allegation of liability in accordance with section two thousand nine
33 hundred eighty-five of the public authorities law or sections sixteen-a,
34 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
35 laws of nineteen hundred fifty or an allegation of liability in accord-
36 ance with section eleven hundred eleven-c of this chapter or an allega-
37 tion of liability in accordance with section eleven hundred eighty-b of
38 this chapter, shall be held before a hearing examiner in accordance with
39 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 or in accordance with sections eleven hundred
43 eleven-b of this chapter as added by sections sixteen of chapters twen-
44 ty, twenty-one, and twenty-two of the laws of two thousand nine OR IN
45 ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER is
46 contested or of a hearing at which liability in accordance with section
47 two thousand nine hundred eighty-five of the public authorities law or
48 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred
49 seventy-four of the laws of nineteen hundred fifty is contested or of a
50 hearing at which liability in accordance with section eleven hundred
51 eleven-c of this chapter or a hearing at which liability in accordance
52 with section eleven hundred eighty-b of this chapter is contested.
53 Recording devices may be used for the making of the record.
54 S 6-a. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
55 cle and traffic law, as amended by section 7-a of chapter 189 of the
56 laws of 2013, are amended to read as follows:
S. 7295--A 11 A. 9583--A
1 a. Every hearing for the adjudication of a charge of parking violation
2 or an allegation of liability in accordance with sections eleven hundred
3 eleven-b of this chapter, as added by sections sixteen of chapters twen-
4 ty, twenty-one, and twenty-two of the laws of two thousand nine OR IN
5 ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER or an
6 allegation of liability in accordance with section eleven hundred
7 eleven-c of this chapter or an allegation of liability in accordance
8 with section eleven hundred eighty-b of this chapter, shall be held
9 before a hearing examiner in accordance with rules and regulations
10 promulgated by the bureau.
11 g. A record shall be made of a hearing on a plea of not guilty or of a
12 hearing at which liability in accordance with sections eleven hundred
13 eleven-b of this chapter, as added by sections sixteen of chapters twen-
14 ty, twenty-one, and twenty-two of the laws of two thousand nine OR IN
15 ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER or of a
16 hearing at which liability in accordance with section eleven hundred
17 eleven-c of this chapter or a hearing at which liability in accordance
18 with section eleven hundred eighty-b of this chapter is contested.
19 Recording devices may be used for the making of the record.
20 S 6-b. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
21 cle and traffic law, as amended by section 7-b of chapter 189 of the
22 laws of 2013, are amended to read as follows:
23 a. Every hearing for the adjudication of a charge of parking violation
24 OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
25 ELEVEN-D OF THIS CHAPTER or an allegation of liability in accordance
26 with section eleven hundred eleven-c of this chapter or an allegation of
27 liability in accordance with section eleven hundred eighty-b of this
28 chapter shall be held before a hearing examiner in accordance with rules
29 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 SECTION ELEVEN HUNDRED
32 ELEVEN-D OF THIS CHAPTER OR of a hearing at which liability in accord-
33 ance with section eleven hundred eleven-c of this chapter or a hearing
34 at which liability in accordance with section eleven hundred eighty-b of
35 this chapter is contested. Recording devices may be used for the making
36 of the record.
37 S 6-c. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
38 cle and traffic law, as amended by section 7-c of chapter 189 of the
39 laws of 2013, are amended to read as follows:
40 a. Every hearing for the adjudication of a charge of parking violation
41 OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
42 ELEVEN-D OF THIS CHAPTER or an allegation of liability in accordance
43 with section eleven hundred eighty-b of this chapter shall be held
44 before a hearing examiner in accordance with rules and regulations
45 promulgated by the bureau.
46 g. A record shall be made of a hearing on a plea of not guilty OR OF A
47 HEARING AT WHICH LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
48 ELEVEN-D OF THIS CHAPTER or a hearing at which liability in accordance
49 with section eleven hundred eighty-b of this chapter is contested.
50 Recording devices may be used for the making of the record.
51 S 6-d. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
52 cle and traffic law, as added by chapter 715 of the laws of 1972, are
53 amended to read as follows:
54 a. Every hearing for the adjudication of a charge of parking violation
55 OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
S. 7295--A 12 A. 9583--A
1 ELEVEN-D OF THIS CHAPTER shall be held before a hearing examiner in
2 accordance with rules and regulations promulgated by the bureau.
3 g. A record shall be made of a hearing on a plea of not guilty OR A
4 HEARING AT WHICH LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
5 ELEVEN-D OF THIS CHAPTER IS CONTESTED. Recording devices may be used for
6 the making of the record.
7 S 7. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
8 law, as amended by section 8 of chapter 189 of the laws of 2013, are
9 amended to read as follows:
10 1. The hearing examiner shall make a determination on the charges,
11 either sustaining or dismissing them. Where the hearing examiner deter-
12 mines that the charges have been sustained he or she may examine either
13 the prior parking violations record or the record of liabilities
14 incurred in accordance with section eleven hundred eleven-a of this
15 chapter or in accordance with sections eleven hundred eleven-b of this
16 chapter as added by sections sixteen of chapters twenty, twenty-one, and
17 twenty-two of the laws of two thousand nine OR IN ACCORDANCE WITH
18 SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER or the record of liabil-
19 ities incurred in accordance with section two thousand nine hundred
20 eighty-five of the public authorities law or sections sixteen-a,
21 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
22 laws of nineteen hundred fifty of the person charged, or the record of
23 liabilities incurred in accordance with section eleven hundred eleven-c
24 of this chapter, or the record of liabilities incurred in accordance
25 with section eleven hundred eighty-b of this chapter, as applicable
26 prior to rendering a final determination. Final determinations sustain-
27 ing or dismissing charges shall be entered on a final determination roll
28 maintained by the bureau together with records showing payment and
29 nonpayment of penalties.
30 2. Where an operator or owner fails to enter a plea to a charge of a
31 parking violation or contest an allegation of liability in accordance
32 with section eleven hundred eleven-a of this chapter or in accordance
33 with sections eleven hundred eleven-b of this chapter as added by
34 sections sixteen of chapters twenty, twenty-one, and twenty-two of the
35 laws of two thousand nine OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
36 ELEVEN-D OF THIS CHAPTER or fails to contest an allegation of liability
37 in accordance with section two thousand nine hundred eighty-five of the
38 public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
39 chapter seven hundred seventy-four of the laws of nineteen hundred
40 fifty, or fails to contest an allegation of liability in accordance with
41 section eleven hundred eleven-c of this chapter or fails to contest an
42 allegation of liability in accordance with section eleven hundred eight-
43 y-b of this chapter or fails to appear on a designated hearing date or
44 subsequent adjourned date or fails after a hearing to comply with the
45 determination of a hearing examiner, as prescribed by this article or by
46 rule or regulation of the bureau, such failure to plead or contest,
47 appear or comply shall be deemed, for all purposes, an admission of
48 liability and shall be grounds for rendering and entering a default
49 judgment in an amount provided by the rules and regulations of the
50 bureau. However, after the expiration of the original date prescribed
51 for entering a plea and before a default judgment may be rendered, in
52 such case the bureau shall pursuant to the applicable provisions of law
53 notify such operator or owner, by such form of first class mail as the
54 commission may direct; (1) of the violation charged, or liability in
55 accordance with section eleven hundred eleven-a of this chapter or in
56 accordance with sections eleven hundred eleven-b of this chapter as
S. 7295--A 13 A. 9583--A
1 added by sections sixteen of chapters twenty, twenty-one, and twenty-two
2 of the laws of two thousand nine OR IN ACCORDANCE WITH SECTION ELEVEN
3 HUNDRED ELEVEN-D OF THIS CHAPTER alleged or liability in accordance with
4 section two thousand nine hundred eighty-five of the public authorities
5 law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
6 hundred seventy-four of the laws of nineteen hundred fifty alleged or
7 liability in accordance with section eleven hundred eleven-c of this
8 chapter or liability in accordance with section eleven hundred eighty-b
9 of this chapter alleged, (2) of the impending default judgment, (3) that
10 such judgment will be entered in the Civil Court of the city in which
11 the bureau has been established, or other court of civil jurisdiction or
12 any other place provided for the entry of civil judgments within the
13 state of New York, and (4) that a default may be avoided by entering a
14 plea or contesting an allegation of liability in accordance with section
15 eleven hundred eleven-a of this chapter or in accordance with sections
16 eleven hundred eleven-b of this chapter as added by sections sixteen of
17 chapters twenty, twenty-one, and twenty-two of the laws of two thousand
18 nine OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAP-
19 TER or contesting an allegation of liability in accordance with section
20 two thousand nine hundred eighty-five of the public authorities law or
21 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred
22 seventy-four of the laws of nineteen hundred fifty or contesting an
23 allegation of liability in accordance with section eleven hundred
24 eleven-c of this chapter or contesting an allegation of liability in
25 accordance with section eleven hundred eighty-b of this chapter, as
26 appropriate, or making an appearance within thirty days of the sending
27 of such notice. Pleas entered and allegations contested within that
28 period shall be in the manner prescribed in the notice and not subject
29 to additional penalty or fee. Such notice of impending default judgment
30 shall not be required prior to the rendering and entry thereof in the
31 case of operators or owners who are non-residents of the state of New
32 York. In no case shall a default judgment be rendered or, where
33 required, a notice of impending default judgment be sent, more than two
34 years after the expiration of the time prescribed for entering a plea or
35 contesting an allegation. When a person has demanded a hearing, no fine
36 or penalty shall be imposed for any reason, prior to the holding of the
37 hearing. If the hearing examiner shall make a determination on the
38 charges, sustaining them, he or she shall impose no greater penalty or
39 fine than those upon which the person was originally charged.
40 S 7-a. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
41 law, as amended by section 8-a of chapter 189 of the laws of 2013, are
42 amended to read as follows:
43 1. The hearing examiner shall make a determination on the charges,
44 either sustaining or dismissing them. Where the hearing examiner deter-
45 mines that the charges have been sustained he or she may examine either
46 the prior parking violations record or the record of liabilities
47 incurred in accordance with sections eleven hundred eleven-b of this
48 chapter as added by sections sixteen of chapters twenty, twenty-one, and
49 twenty-two of the laws of two thousand nine OR IN ACCORDANCE WITH
50 SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER of the person charged,
51 or the record of liabilities incurred in accordance with section eleven
52 hundred eleven-c of this chapter, or the record of liabilities incurred
53 in accordance with section eleven hundred eighty-b of this chapter, as
54 applicable prior to rendering a final determination. Final determi-
55 nations sustaining or dismissing charges shall be entered on a final
S. 7295--A 14 A. 9583--A
1 determination roll maintained by the bureau together with records show-
2 ing payment and nonpayment of penalties.
3 2. Where an operator or owner fails to enter a plea to a charge of a
4 parking violation or contest an allegation of liability in accordance
5 with sections eleven hundred eleven-b of this chapter as added by
6 sections sixteen of chapters twenty, twenty-one, and twenty-two of the
7 laws of two thousand nine OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
8 ELEVEN-D OF THIS CHAPTER, or fails to contest an allegation of liability
9 in accordance with section eleven hundred eleven-c of this chapter, or
10 fails to contest an allegation of liability incurred in accordance with
11 section eleven hundred eighty-b of this chapter, or fails to appear on a
12 designated hearing date or subsequent adjourned date or fails after a
13 hearing to comply with the determination of a hearing examiner, as
14 prescribed by this article or by rule or regulation of the bureau, such
15 failure to plead, contest, appear or comply shall be deemed, for all
16 purposes, an admission of liability and shall be grounds for rendering
17 and entering a default judgment in an amount provided by the rules and
18 regulations of the bureau. However, after the expiration of the original
19 date prescribed for entering a plea and before a default judgment may be
20 rendered, in such case the bureau shall pursuant to the applicable
21 provisions of law notify such operator or owner, by such form of first
22 class mail as the commission may direct; (1) of the violation charged,
23 or liability in accordance with sections eleven hundred eleven-b of this
24 chapter, as added by sections sixteen of chapters twenty, twenty-one,
25 and twenty-two of the laws of two thousand nine OR IN ACCORDANCE WITH
26 SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, or liability in accord-
27 ance with section eleven hundred eleven-c of this chapter or liability
28 in accordance with section eleven hundred eighty-b of this chapter
29 alleged, (2) of the impending default judgment, (3) that such judgment
30 will be entered in the Civil Court of the city in which the bureau has
31 been established, or other court of civil jurisdiction or any other
32 place provided for the entry of civil judgments within the state of New
33 York, and (4) that a default may be avoided by entering a plea or
34 contesting an allegation of liability in accordance with sections eleven
35 hundred eleven-b of this chapter as added by sections sixteen of chap-
36 ters twenty, twenty-one, and twenty-two of the laws of two thousand nine
37 OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER,
38 or contesting an allegation of liability in accordance with section
39 eleven hundred eleven-c of this chapter or contesting an allegation of
40 liability in accordance with section eleven hundred eighty-b of this
41 chapter as appropriate, or making an appearance within thirty days of
42 the sending of such notice. Pleas entered and allegations contested
43 within that period shall be in the manner prescribed in the notice and
44 not subject to additional penalty or fee. Such notice of impending
45 default judgment shall not be required prior to the rendering and entry
46 thereof in the case of operators or owners who are non-residents of the
47 state of New York. In no case shall a default judgment be rendered or,
48 where required, a notice of impending default judgment be sent, more
49 than two years after the expiration of the time prescribed for entering
50 a plea or contesting an allegation. When a person has demanded a hear-
51 ing, no fine or penalty shall be imposed for any reason, prior to the
52 holding of the hearing. If the hearing examiner shall make a determi-
53 nation on the charges, sustaining them, he or she shall impose no great-
54 er penalty or fine than those upon which the person was originally
55 charged.
S. 7295--A 15 A. 9583--A
1 S 7-b. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
2 law, as amended by section 8-b of chapter 189 of the laws of 2013, are
3 amended to read as follows:
4 1. The hearing examiner shall make a determination on the charges,
5 either sustaining or dismissing them. Where the hearing examiner deter-
6 mines that the charges have been sustained he or she may examine the
7 prior parking violations record OR THE RECORD OF LIABILITIES INCURRED IN
8 ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER of the
9 person charged, or the record of liabilities incurred in accordance with
10 section eleven hundred eleven-c of this chapter, or the record of
11 liabilities incurred in accordance with section eleven hundred eighty-b
12 of this chapter, as applicable, prior to rendering a final determi-
13 nation. Final determinations sustaining or dismissing charges shall be
14 entered on a final determination roll maintained by the bureau together
15 with records showing payment and nonpayment of penalties.
16 2. Where an operator or owner fails to enter a plea to a charge of a
17 parking violation OR CONTEST AN ALLEGATION OF LIABILITY IN ACCORDANCE
18 WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, or fails to
19 contest an allegation of liability in accordance with section eleven
20 hundred eleven-c of this chapter, or fails to contest an allegation of
21 liability incurred in accordance with section eleven hundred eighty-b of
22 this chapter, or fails to appear on a designated hearing date or subse-
23 quent adjourned date or fails after a hearing to comply with the deter-
24 mination of a hearing examiner, as prescribed by this article or by rule
25 or regulation of the bureau, such failure to plead, appear or comply
26 shall be deemed, for all purposes, an admission of liability and shall
27 be grounds for rendering and entering a default judgment in an amount
28 provided by the rules and regulations of the bureau. However, after the
29 expiration of the original date prescribed for entering a plea and
30 before a default judgment may be rendered, in such case the bureau shall
31 pursuant to the applicable provisions of law notify such operator or
32 owner, by such form of first class mail as the commission may direct;
33 (1) of the violation charged, OR LIABILITY IN ACCORDANCE WITH SECTION
34 ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, or alleged liability in accord-
35 ance with section eleven hundred eleven-c of this chapter or alleged
36 liability in accordance with section eleven hundred eighty-b of this
37 chapter, (2) of the impending default judgment, (3) that such judgment
38 will be entered in the Civil Court of the city in which the bureau has
39 been established, or other court of civil jurisdiction or any other
40 place provided for the entry of civil judgments within the state of New
41 York, and (4) that a default may be avoided by entering a plea or
42 CONTESTING AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN
43 HUNDRED ELEVEN-D OF THIS CHAPTER OR contesting an allegation of liabil-
44 ity in accordance with section eleven hundred eleven-c of this chapter
45 or contesting an allegation of liability in accordance with section
46 eleven hundred eighty-b of this chapter or making an appearance within
47 thirty days of the sending of such notice. Pleas entered within that
48 period shall be in the manner prescribed in the notice and not subject
49 to additional penalty or fee. Such notice of impending default judgment
50 shall not be required prior to the rendering and entry thereof in the
51 case of operators or owners who are non-residents of the state of New
52 York. In no case shall a default judgment be rendered or, where
53 required, a notice of impending default judgment be sent, more than two
54 years after the expiration of the time prescribed for entering a plea.
55 When a person has demanded a hearing, no fine or penalty shall be
56 imposed for any reason, prior to the holding of the hearing. If the
S. 7295--A 16 A. 9583--A
1 hearing examiner shall make a determination on the charges, sustaining
2 them, he or she shall impose no greater penalty or fine than those upon
3 which the person was originally charged.
4 S 7-c. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
5 law, as amended by section 8-c of chapter 189 of the laws of 2013, are
6 amended to read as follows:
7 1. The hearing examiner shall make a determination on the charges,
8 either sustaining or dismissing them. Where the hearing examiner deter-
9 mines that the charges have been sustained he OR SHE may examine EITHER
10 the prior parking violations record OR THE RECORD OF LIABILITIES
11 INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS
12 CHAPTER of the person charged, or the record of liabilities incurred in
13 accordance with section eleven hundred eighty-b of this chapter, as
14 applicable, prior to rendering a final determination. Final determi-
15 nations sustaining or dismissing charges shall be entered on a final
16 determination roll maintained by the bureau together with records show-
17 ing payment and nonpayment of penalties.
18 2. Where an operator or owner fails to enter a plea to a charge of a
19 parking violation OR CONTEST AN ALLEGATION OF LIABILITY IN ACCORDANCE
20 WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER or fails to contest
21 an allegation of liability incurred in accordance with section eleven
22 hundred eighty-b of this chapter or fails to appear on a designated
23 hearing date or subsequent adjourned date or fails after a hearing to
24 comply with the determination of a hearing examiner, as prescribed by
25 this article or by rule or regulation of the bureau, such failure to
26 plead, appear or comply shall be deemed, for all purposes, an admission
27 of liability and shall be grounds for rendering and entering a default
28 judgment in an amount provided by the rules and regulations of the
29 bureau. However, after the expiration of the original date prescribed
30 for entering a plea and before a default judgment may be rendered, in
31 such case the bureau shall pursuant to the applicable provisions of law
32 notify such operator or owner, by such form of first class mail as the
33 commission may direct; (1) of the violation charged OR LIABILITY IN
34 ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER or
35 liability in accordance with section eleven hundred eighty-b of this
36 chapter alleged, (2) of the impending default judgment, (3) that such
37 judgment will be entered in the Civil Court of the city in which the
38 bureau has been established, or other court of civil jurisdiction or any
39 other place provided for the entry of civil judgments within the state
40 of New York, and (4) that a default may be avoided by entering a plea or
41 CONTESTING AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN
42 HUNDRED ELEVEN-D OF THIS CHAPTER OR contesting an allegation of liabil-
43 ity in accordance with section eleven hundred eighty-b of this chapter
44 or making an appearance within thirty days of the sending of such
45 notice. Pleas entered within that period shall be in the manner
46 prescribed in the notice and not subject to additional penalty or fee.
47 Such notice of impending default judgment shall not be required prior to
48 the rendering and entry thereof in the case of operators or owners who
49 are non-residents of the state of New York. In no case shall a default
50 judgment be rendered or, where required, a notice of impending default
51 judgment be sent, more than two years after the expiration of the time
52 prescribed for entering a plea. When a person has demanded a hearing, no
53 fine or penalty shall be imposed for any reason, prior to the holding of
54 the hearing. If the hearing examiner shall make a determination on the
55 charges, sustaining them, he shall impose no greater penalty or fine
56 than those upon which the person was originally charged.
S. 7295--A 17 A. 9583--A
1 S 7-d. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
2 law, subdivision 1 as added by chapter 715 of the laws of 1972 and
3 subdivision 2 as amended by chapter 365 of the laws of 1978, are amended
4 to read as follows:
5 1. The hearing examiner shall make a determination on the charges,
6 either sustaining or dismissing them. Where the hearing examiner deter-
7 mines that the charges have been sustained he OR SHE may examine EITHER
8 the prior parking violations record OR THE RECORD OF LIABILITIES
9 INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS
10 CHAPTER of the person charged, AS APPLICABLE, prior to rendering a final
11 determination. Final determinations sustaining or dismissing charges
12 shall be entered on a final determination roll maintained by the bureau
13 together with records showing payment and nonpayment of penalties.
14 2. Where an operator or owner fails to enter a plea to a charge of a
15 parking violation OR CONTEST AN ALLEGATION OF LIABILITY IN ACCORDANCE
16 WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER or fails to appear
17 on a designated hearing date or subsequent adjourned date or fails after
18 a hearing to comply with the determination of a hearing examiner, as
19 prescribed by this article or by rule or regulation of the bureau, such
20 failure to plead, appear or comply shall be deemed, for all purposes, an
21 admission of liability and shall be grounds for rendering and entering a
22 default judgment in an amount provided by the rules and regulations of
23 the bureau. However, after the expiration of the original date
24 prescribed for entering a plea and before a default judgment may be
25 rendered, in such case the bureau shall pursuant to the applicable
26 provisions of law notify such operator or owner, by such form of first
27 class mail as the commission may direct; (1) of the violation charged OR
28 LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS
29 CHAPTER ALLEGED, (2) of the impending default judgment, (3) that such
30 judgment will be entered in the Civil Court of the city in which the
31 bureau has been established, or other court of civil jurisdiction or any
32 other place provided for the entry of civil judgments within the state
33 of New York, and (4) that a default may be avoided by entering a plea OR
34 CONTESTING AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN
35 HUNDRED ELEVEN-D OF THIS CHAPTER or making an appearance within thirty
36 days of the sending of such notice. Pleas entered within that period
37 shall be in the manner prescribed in the notice and not subject to addi-
38 tional penalty or fee. Such notice of impending default judgment shall
39 not be required prior to the rendering and entry thereof in the case of
40 operators or owners who are non-residents of the state of New York. In
41 no case shall a default judgment be rendered or, where required, a
42 notice of impending default judgment be sent, more than two years after
43 the expiration of the time prescribed for entering a plea. When a person
44 has demanded a hearing, no fine or penalty shall be imposed for any
45 reason, prior to the holding of the hearing. If the hearing examiner
46 shall make a determination on the charges, sustaining them, he shall
47 impose no greater penalty or fine than those upon which the person was
48 originally charged.
49 S 8. Subparagraph (i) of paragraph a of subdivision 5-a of section 401
50 of the vehicle and traffic law, as amended by section 9 of chapter 189
51 of the laws of 2013, is amended to read as follows:
52 (i) If at the time of application for a registration or renewal there-
53 of there is a certification from a court, parking violations bureau,
54 traffic and parking violations agency or administrative tribunal of
55 appropriate jurisdiction or administrative tribunal of appropriate
56 jurisdiction that the registrant or his or her representative failed to
S. 7295--A 18 A. 9583--A
1 appear on the return date or any subsequent adjourned date or failed to
2 comply with the rules and regulations of an administrative tribunal
3 following entry of a final decision in response to a total of three or
4 more summonses or other process in the aggregate, issued within an eigh-
5 teen month period, charging either that: (i) such motor vehicle was
6 parked, stopped or standing, or that such motor vehicle was operated for
7 hire by the registrant or his or her agent without being licensed as a
8 motor vehicle for hire by the appropriate local authority, in violation
9 of any of the provisions of this chapter or of any law, ordinance, rule
10 or regulation made by a local authority; or (ii) the registrant was
11 liable in accordance with section eleven hundred eleven-a [of this chap-
12 ter or], section eleven hundred eleven-b OR SECTION ELEVEN HUNDRED
13 ELEVEN-D of this chapter for a violation of subdivision (d) of section
14 eleven hundred eleven of this chapter; or (iii) the registrant was
15 liable in accordance with section eleven hundred eleven-c of this chap-
16 ter for a violation of a bus lane restriction as defined in such
17 section, or (iv) the registrant was liable in accordance with section
18 eleven hundred eighty-b of this chapter for a violation of subdivision
19 (c) or (d) of section eleven hundred eighty of this chapter, the commis-
20 sioner or his or her agent shall deny the registration or renewal appli-
21 cation until the applicant provides proof from the court, traffic and
22 parking violations agency or administrative tribunal wherein the charges
23 are pending that an appearance or answer has been made or in the case of
24 an administrative tribunal that he or she has complied with the rules
25 and regulations of said tribunal following entry of a final decision.
26 Where an application is denied pursuant to this section, the commission-
27 er may, in his or her discretion, deny a registration or renewal appli-
28 cation to any other person for the same vehicle and may deny a registra-
29 tion or renewal application for any other motor vehicle registered in
30 the name of the applicant where the commissioner has determined that
31 such registrant's intent has been to evade the purposes of this subdivi-
32 sion and where the commissioner has reasonable grounds to believe that
33 such registration or renewal will have the effect of defeating the
34 purposes of this subdivision. Such denial shall only remain in effect as
35 long as the summonses remain unanswered, or in the case of an adminis-
36 trative tribunal, the registrant fails to comply with the rules and
37 regulations following entry of a final decision.
38 S 8-a. Paragraph a of subdivision 5-a of section 401 of the vehicle
39 and traffic law, as amended by section 9-a of chapter 189 of the laws of
40 2013, is amended to read as follows:
41 a. If at the time of application for a registration or renewal thereof
42 there is a certification from a court or administrative tribunal of
43 appropriate jurisdiction that the registrant or his or her represen-
44 tative failed to appear on the return date or any subsequent adjourned
45 date or failed to comply with the rules and regulations of an adminis-
46 trative tribunal following entry of a final decision in response to a
47 total of three or more summonses or other process in the aggregate,
48 issued within an eighteen month period, charging either that: (i) such
49 motor vehicle was parked, stopped or standing, or that such motor vehi-
50 cle was operated for hire by the registrant or his or her agent without
51 being licensed as a motor vehicle for hire by the appropriate local
52 authority, in violation of any of the provisions of this chapter or of
53 any law, ordinance, rule or regulation made by a local authority; or
54 (ii) the registrant was liable in accordance with section eleven hundred
55 eleven-b of this chapter for a violation of subdivision (d) of section
56 eleven hundred eleven of this chapter; or (iii) the registrant was
S. 7295--A 19 A. 9583--A
1 liable in accordance with section eleven hundred eleven-c of this chap-
2 ter for a violation of a bus lane restriction as defined in such
3 section; OR (IV) THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION
4 ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION
5 (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER or [(iv)] (V) the
6 registrant was liable in accordance with section eleven hundred eighty-b
7 of this chapter for a violation of subdivision (b), (c), (d), (f) or (g)
8 of section eleven hundred eighty of this chapter, the commissioner or
9 his or her agent shall deny the registration or renewal application
10 until the applicant provides proof from the court or administrative
11 tribunal wherein the charges are pending that an appearance or answer
12 has been made or in the case of an administrative tribunal that he or
13 she has complied with the rules and regulations of said tribunal follow-
14 ing entry of a final decision. Where an application is denied pursuant
15 to this section, the commissioner may, in his or her discretion, deny a
16 registration or renewal application to any other person for the same
17 vehicle and may deny a registration or renewal application for any other
18 motor vehicle registered in the name of the applicant where the commis-
19 sioner has determined that such registrant's intent has been to evade
20 the purposes of this subdivision and where the commissioner has reason-
21 able grounds to believe that such registration or renewal will have the
22 effect of defeating the purposes of this subdivision. Such denial shall
23 only remain in effect as long as the summonses remain unanswered, or in
24 the case of an administrative tribunal, the registrant fails to comply
25 with the rules and regulations following entry of a final decision.
26 S 8-b. Paragraph a of subdivision 5-a of section 401 of the vehicle
27 and traffic law, as amended by section 9-b of chapter 189 of the laws of
28 2013, is amended to read as follows:
29 a. If at the time of application for a registration or renewal thereof
30 there is a certification from a court or administrative tribunal of
31 appropriate jurisdiction that the registrant or his or her represen-
32 tative failed to appear on the return date or any subsequent adjourned
33 date or failed to comply with the rules and regulations of an adminis-
34 trative tribunal following entry of a final decision in response to
35 three or more summonses or other process, issued within an eighteen
36 month period, charging that: (I) such motor vehicle was parked, stopped
37 or standing, or that such motor vehicle was operated for hire by the
38 registrant or his or her agent without being licensed as a motor vehicle
39 for hire by the appropriate local authority, in violation of any of the
40 provisions of this chapter or of any law, ordinance, rule or regulation
41 made by a local authority; or (II) the registrant was liable in accord-
42 ance with section eleven hundred eleven-c of this chapter for a
43 violation of a bus lane restriction as defined in such section[,]; OR
44 (III) THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION ELEVEN
45 HUNDRED ELEVEN-D OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (D) OF
46 SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER; or (IV) the registrant
47 was liable in accordance with section eleven hundred eighty-b of this
48 chapter for a violation of subdivision (b), (c), (d), (f) or (g) of
49 section eleven hundred eighty of this chapter, the commissioner or his
50 or her agent shall deny the registration or renewal application until
51 the applicant provides proof from the court or administrative tribunal
52 wherein the charges are pending that an appearance or answer has been
53 made or in the case of an administrative tribunal that he or she has
54 complied with the rules and regulations of said tribunal following entry
55 of a final decision. Where an application is denied pursuant to this
56 section, the commissioner may, in his or her discretion, deny a regis-
S. 7295--A 20 A. 9583--A
1 tration or renewal application to any other person for the same vehicle
2 and may deny a registration or renewal application for any other motor
3 vehicle registered in the name of the applicant where the commissioner
4 has determined that such registrant's intent has been to evade the
5 purposes of this subdivision and where the commissioner has reasonable
6 grounds to believe that such registration or renewal will have the
7 effect of defeating the purposes of this subdivision. Such denial shall
8 only remain in effect as long as the summonses remain unanswered, or in
9 the case of an administrative tribunal, the registrant fails to comply
10 with the rules and regulations following entry of a final decision.
11 S 8-c. Paragraph a of subdivision 5-a of section 401 of the vehicle
12 and traffic law, as amended by section 9-c of chapter 189 of the laws of
13 2013, is amended to read as follows:
14 a. If at the time of application for a registration or renewal thereof
15 there is a certification from a court or administrative tribunal of
16 appropriate jurisdiction that the registrant or his representative
17 failed to appear on the return date or any subsequent adjourned date or
18 failed to comply with the rules and regulations of an administrative
19 tribunal following entry of a final decision in response to three or
20 more summonses or other process, issued within an eighteen month period,
21 charging that: (I) such motor vehicle was parked, stopped or standing,
22 or that such motor vehicle was operated for hire by the registrant or
23 his agent without being licensed as a motor vehicle for hire by the
24 appropriate local authority, in violation of any of the provisions of
25 this chapter or of any law, ordinance, rule or regulation made by a
26 local authority[,]; OR (II) THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH
27 SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER FOR A VIOLATION OF
28 SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER; or
29 (III) the registrant was liable in accordance with section eleven
30 hundred eighty-b of this chapter for violations of subdivision (b), (c),
31 (d), (f) or (g) of section eleven hundred eighty of this chapter, the
32 commissioner or his agent shall deny the registration or renewal appli-
33 cation until the applicant provides proof from the court or administra-
34 tive tribunal wherein the charges are pending that an appearance or
35 answer has been made or in the case of an administrative tribunal that
36 he has complied with the rules and regulations of said tribunal follow-
37 ing entry of a final decision. Where an application is denied pursuant
38 to this section, the commissioner may, in his discretion, deny a regis-
39 tration or renewal application to any other person for the same vehicle
40 and may deny a registration or renewal application for any other motor
41 vehicle registered in the name of the applicant where the commissioner
42 has determined that such registrant's intent has been to evade the
43 purposes of this subdivision and where the commissioner has reasonable
44 grounds to believe that such registration or renewal will have the
45 effect of defeating the purposes of this subdivision. Such denial shall
46 only remain in effect as long as the summonses remain unanswered, or in
47 the case of an administrative tribunal, the registrant fails to comply
48 with the rules and regulations following entry of a final decision.
49 S 8-d. Paragraph a of subdivision 5-a of section 401 of the vehicle
50 and traffic law, as separately amended by chapters 339 and 592 of the
51 laws of 1987, is amended to read as follows:
52 a. If at the time of application for a registration or renewal thereof
53 there is a certification from a court or administrative tribunal of
54 appropriate jurisdiction that the registrant or his representative
55 failed to appear on the return date or any subsequent adjourned date or
56 failed to comply with the rules and regulations of an administrative
S. 7295--A 21 A. 9583--A
1 tribunal following entry of a final decision in response to three or
2 more summonses or other process, issued within an eighteen month period,
3 charging that such motor vehicle was parked, stopped or standing, or
4 that such motor vehicle was operated for hire by the registrant or his
5 agent without being licensed as a motor vehicle for hire by the appro-
6 priate local authority, in violation of any of the provisions of this
7 chapter or of any law, ordinance, rule or regulation made by a local
8 authority, OR THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION ELEV-
9 EN HUNDRED ELEVEN-D OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (D)
10 OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER, the commissioner or
11 his agent shall deny the registration or renewal application until the
12 applicant provides proof from the court or administrative tribunal wher-
13 ein the charges are pending that an appearance or answer has been made
14 or in the case of an administrative tribunal that he has complied with
15 the rules and regulations of said tribunal following entry of a final
16 decision. Where an application is denied pursuant to this section, the
17 commissioner may, in his discretion, deny a registration or renewal
18 application to any other person for the same vehicle and may deny a
19 registration or renewal application for any other motor vehicle regis-
20 tered in the name of the applicant where the commissioner has determined
21 that such registrant's intent has been to evade the purposes of this
22 subdivision and where the commissioner has reasonable grounds to believe
23 that such registration or renewal will have the effect of defeating the
24 purposes of this subdivision. Such denial shall only remain in effect as
25 long as the summonses remain unanswered, or in the case of an adminis-
26 trative tribunal, the registrant fails to comply with the rules and
27 regulations following entry of a final decision.
28 S 9. The vehicle and traffic law is amended by adding a new section
29 1111-d to read as follows:
30 S 1111-D. OWNER LIABILITY FOR FAILURE OF OPERATOR TO COMPLY WITH
31 TRAFFIC-CONTROL INDICATIONS. (A) 1. NOTWITHSTANDING ANY OTHER PROVISION
32 OF LAW, THE CITY OF ALBANY IS HEREBY AUTHORIZED AND EMPOWERED TO ADOPT
33 AND AMEND A LOCAL LAW OR ORDINANCE ESTABLISHING A DEMONSTRATION PROGRAM
34 IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN
35 OPERATOR THEREOF TO COMPLY WITH TRAFFIC-CONTROL INDICATIONS IN SUCH CITY
36 IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. SUCH DEMONSTRATION
37 PROGRAM SHALL EMPOWER SUCH CITY TO INSTALL AND OPERATE TRAFFIC-CONTROL
38 SIGNAL PHOTO VIOLATION-MONITORING DEVICES AT NO MORE THAN TWENTY INTER-
39 SECTIONS WITHIN SUCH CITY AT ANY ONE TIME.
40 2. SUCH DEMONSTRATION PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES TO
41 ENSURE, TO THE EXTENT PRACTICABLE, THAT PHOTOGRAPHS PRODUCED BY SUCH
42 TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING SYSTEMS SHALL NOT
43 INCLUDE IMAGES THAT IDENTIFY THE DRIVER, THE PASSENGERS, OR THE CONTENTS
44 OF THE VEHICLE. PROVIDED, HOWEVER, THAT NO NOTICE OF LIABILITY ISSUED
45 PURSUANT TO THIS SECTION SHALL BE DISMISSED SOLELY BECAUSE A PHOTOGRAPH
46 OR PHOTOGRAPHS ALLOW FOR THE IDENTIFICATION OF THE CONTENTS OF A VEHI-
47 CLE, PROVIDED THAT SUCH CITY HAS MADE A REASONABLE EFFORT TO COMPLY WITH
48 THE PROVISIONS OF THIS PARAGRAPH.
49 (B) IN ANY SUCH CITY WHICH HAS ADOPTED A LOCAL LAW OR ORDINANCE PURSU-
50 ANT TO SUBDIVISION (A) OF THIS SECTION, THE OWNER OF A VEHICLE SHALL BE
51 LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION IF SUCH VEHICLE
52 WAS USED OR OPERATED WITH THE PERMISSION OF THE OWNER, EXPRESS OR
53 IMPLIED, IN VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEV-
54 EN OF THIS ARTICLE, AND SUCH VIOLATION IS EVIDENCED BY INFORMATION
55 OBTAINED FROM A TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING
56 SYSTEM; PROVIDED HOWEVER THAT NO OWNER OF A VEHICLE SHALL BE LIABLE FOR
S. 7295--A 22 A. 9583--A
1 A PENALTY IMPOSED PURSUANT TO THIS SECTION WHERE THE OPERATOR OF SUCH
2 VEHICLE HAS BEEN CONVICTED OF THE UNDERLYING VIOLATION OF SUBDIVISION
3 (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE.
4 (C) FOR PURPOSES OF THIS SECTION, "OWNER" SHALL HAVE THE MEANING
5 PROVIDED IN ARTICLE TWO-B OF THIS CHAPTER. FOR PURPOSES OF THIS SECTION,
6 "TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING SYSTEM" SHALL MEAN A
7 VEHICLE SENSOR INSTALLED TO WORK IN CONJUNCTION WITH A TRAFFIC-CONTROL
8 SIGNAL WHICH AUTOMATICALLY PRODUCES TWO OR MORE PHOTOGRAPHS, TWO OR MORE
9 MICROPHOTOGRAPHS, A VIDEOTAPE OR OTHER RECORDED IMAGES OF EACH VEHICLE
10 AT THE TIME IT IS USED OR OPERATED IN VIOLATION OF SUBDIVISION (D) OF
11 SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE.
12 (D) A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY
13 THE CITY OF ALBANY IN WHICH THE CHARGED VIOLATION OCCURRED, OR A FACSIM-
14 ILE THEREOF, BASED UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTOGRAPHS,
15 VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY A TRAFFIC-CONTROL SIGNAL
16 PHOTO VIOLATION-MONITORING SYSTEM, SHALL BE PRIMA FACIE EVIDENCE OF THE
17 FACTS CONTAINED THEREIN. ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR
18 OTHER RECORDED IMAGES EVIDENCING SUCH A VIOLATION SHALL BE AVAILABLE FOR
19 INSPECTION IN ANY PROCEEDING TO ADJUDICATE THE LIABILITY FOR SUCH
20 VIOLATION PURSUANT TO A LOCAL LAW OR ORDINANCE ADOPTED PURSUANT TO THIS
21 SECTION.
22 (E) AN OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (D) OF SECTION
23 ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO A LOCAL LAW OR ORDI-
24 NANCE ADOPTED PURSUANT TO THIS SECTION SHALL BE LIABLE FOR MONETARY
25 PENALTIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND PENALTIES TO BE SET
26 FORTH IN SUCH LOCAL LAW OR ORDINANCE, EXCEPT THAT IF SUCH CITY BY LOCAL
27 LAW HAS AUTHORIZED THE ADJUDICATION OF SUCH OWNER LIABILITY BY A PARKING
28 VIOLATIONS BUREAU, SUCH SCHEDULE SHALL BE PROMULGATED BY SUCH BUREAU.
29 THE LIABILITY OF THE OWNER PURSUANT TO THIS SECTION SHALL NOT EXCEED
30 FIFTY DOLLARS FOR EACH VIOLATION; PROVIDED, HOWEVER, THAT SUCH LOCAL LAW
31 OR ORDINANCE MAY PROVIDE FOR AN ADDITIONAL PENALTY NOT IN EXCESS OF
32 TWENTY-FIVE DOLLARS FOR EACH VIOLATION FOR THE FAILURE TO RESPOND TO A
33 NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME PERIOD.
34 (F) AN IMPOSITION OF LIABILITY UNDER A LOCAL LAW OR ORDINANCE ADOPTED
35 PURSUANT TO THIS SECTION SHALL NOT BE DEEMED A CONVICTION AS AN OPERATOR
36 AND SHALL NOT BE MADE PART OF THE OPERATING RECORD OF THE PERSON UPON
37 WHOM SUCH LIABILITY IS IMPOSED NOR SHALL IT BE USED FOR INSURANCE
38 PURPOSES IN THE PROVISION OF MOTOR VEHICLE INSURANCE COVERAGE.
39 (G) 1. A NOTICE OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL TO EACH
40 PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION
41 (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO THIS
42 SECTION. PERSONAL DELIVERY ON THE OWNER SHALL NOT BE REQUIRED. A MANUAL
43 OR AUTOMATIC RECORD OF MAILING PREPARED IN THE ORDINARY COURSE OF BUSI-
44 NESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN.
45 2. A NOTICE OF LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE
46 PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION
47 (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO THIS
48 SECTION, THE REGISTRATION NUMBER OF THE VEHICLE INVOLVED IN SUCH
49 VIOLATION, THE LOCATION WHERE SUCH VIOLATION TOOK PLACE, THE DATE AND
50 TIME OF SUCH VIOLATION AND THE IDENTIFICATION NUMBER OF THE CAMERA WHICH
51 RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER.
52 3. THE NOTICE OF LIABILITY SHALL CONTAIN INFORMATION ADVISING THE
53 PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE OR SHE MAY CONTEST
54 THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO
55 CONTAIN A WARNING TO ADVISE THE PERSONS CHARGED THAT FAILURE TO CONTEST
S. 7295--A 23 A. 9583--A
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 4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE CITY OF
4 ALBANY, OR BY ANY OTHER ENTITY AUTHORIZED BY SUCH CITY TO PREPARE AND
5 MAIL SUCH NOTIFICATION OF VIOLATION.
6 (H) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION
7 SHALL BE BY A TRAFFIC VIOLATIONS BUREAU ESTABLISHED PURSUANT TO SECTION
8 THREE HUNDRED SEVENTY OF THE GENERAL MUNICIPAL LAW OR, IF THERE BE NONE,
9 BY THE COURT HAVING JURISDICTION OVER TRAFFIC INFRACTIONS, EXCEPT THAT
10 IF SUCH CITY HAS ESTABLISHED AN ADMINISTRATIVE TRIBUNAL TO HEAR AND
11 DETERMINE COMPLAINTS OF TRAFFIC INFRACTIONS CONSTITUTING PARKING, STAND-
12 ING OR STOPPING VIOLATIONS SUCH CITY MAY, BY LOCAL LAW, AUTHORIZE SUCH
13 ADJUDICATION BY SUCH TRIBUNAL.
14 (I) IF AN OWNER RECEIVES A NOTICE OF LIABILITY PURSUANT TO THIS
15 SECTION FOR ANY TIME PERIOD DURING WHICH THE VEHICLE WAS REPORTED TO THE
16 POLICE DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE A VALID DEFENSE TO
17 AN ALLEGATION OF LIABILITY FOR A VIOLATION OF SUBDIVISION (D) OF SECTION
18 ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO THIS SECTION THAT THE
19 VEHICLE HAD BEEN REPORTED TO THE POLICE AS STOLEN PRIOR TO THE TIME THE
20 VIOLATION OCCURRED AND HAD NOT BEEN RECOVERED BY SUCH TIME. FOR PURPOSES
21 OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION IT SHALL BE SUFFI-
22 CIENT THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE STOLEN VEHICLE
23 BE SENT BY FIRST CLASS MAIL TO THE TRAFFIC VIOLATIONS BUREAU, COURT
24 HAVING JURISDICTION OR PARKING VIOLATIONS BUREAU.
25 (J) 1. IN SUCH CITY WHERE THE ADJUDICATION OF LIABILITY IMPOSED UPON
26 OWNERS PURSUANT TO THIS SECTION IS BY A TRAFFIC VIOLATIONS BUREAU OR A
27 COURT HAVING JURISDICTION, AN OWNER WHO IS A LESSOR OF A VEHICLE TO
28 WHICH A NOTICE OF LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION (G) OF
29 THIS SECTION SHALL NOT BE LIABLE FOR THE VIOLATION OF SUBDIVISION (D) OF
30 SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE, PROVIDED THAT HE OR SHE
31 SENDS TO THE TRAFFIC VIOLATIONS BUREAU OR COURT HAVING JURISDICTION A
32 COPY OF THE RENTAL, LEASE OR OTHER SUCH CONTRACT DOCUMENT COVERING SUCH
33 VEHICLE ON THE DATE OF THE VIOLATION, WITH THE NAME AND ADDRESS OF THE
34 LESSEE CLEARLY LEGIBLE, WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE
35 FROM THE BUREAU OR COURT OF THE DATE AND TIME OF SUCH VIOLATION, TOGETH-
36 ER WITH THE OTHER INFORMATION CONTAINED IN THE ORIGINAL NOTICE OF
37 LIABILITY. FAILURE TO SEND SUCH INFORMATION WITHIN SUCH THIRTY-SEVEN DAY
38 TIME PERIOD SHALL RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED BY
39 THIS SECTION. WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF THIS
40 PARAGRAPH, THE LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH VIOLATION
41 SHALL BE DEEMED TO BE THE OWNER OF SUCH VEHICLE FOR PURPOSES OF THIS
42 SECTION, SHALL BE SUBJECT TO LIABILITY FOR THE VIOLATION OF SUBDIVISION
43 (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO THIS
44 SECTION AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION
45 (G) OF THIS SECTION.
46 2. (I) IN SUCH CITY WHICH, BY LOCAL LAW, HAS AUTHORIZED THE ADJUDI-
47 CATION OF LIABILITY IMPOSED UPON OWNERS BY THIS SECTION BY A PARKING
48 VIOLATIONS BUREAU, AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A
49 NOTICE OF LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION (G) OF THIS
50 SECTION SHALL NOT BE LIABLE FOR THE VIOLATION OF SUBDIVISION (D) OF
51 SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE, PROVIDED THAT:
52 (A) PRIOR TO THE VIOLATION, THE LESSOR HAS FILED WITH THE BUREAU IN
53 ACCORDANCE WITH THE PROVISIONS OF SECTION TWO HUNDRED THIRTY-NINE OF
54 THIS CHAPTER; AND
55 (B) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE BUREAU OF
56 THE DATE AND TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFORMATION
S. 7295--A 24 A. 9583--A
1 CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY, THE LESSOR SUBMITS TO THE
2 BUREAU THE CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE IDENTI-
3 FIED IN THE NOTICE OF LIABILITY AT THE TIME OF SUCH VIOLATION, TOGETHER
4 WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL, LEASE OR
5 OTHER CONTRACT DOCUMENT, AS MAY BE REASONABLY REQUIRED BY THE BUREAU
6 PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE.
7 (II) FAILURE TO COMPLY WITH CLAUSE (B) OF SUBPARAGRAPH (I) OF THIS
8 PARAGRAPH SHALL RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED IN
9 THIS SECTION.
10 (III) WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF THIS PARAGRAPH,
11 THE LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH VIOLATION SHALL BE DEEMED
12 TO BE THE OWNER OF SUCH VEHICLE FOR PURPOSES OF THIS SECTION, SHALL BE
13 SUBJECT TO LIABILITY FOR SUCH VIOLATION PURSUANT TO THIS SECTION AND
14 SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (G) OF THIS
15 SECTION.
16 (K) 1. IF THE OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (D) OF
17 SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO THIS SECTION
18 WAS NOT THE OPERATOR OF THE VEHICLE AT THE TIME OF THE VIOLATION, THE
19 OWNER MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR.
20 2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO OWNER OF A
21 VEHICLE SHALL BE SUBJECT TO A MONETARY FINE IMPOSED PURSUANT TO THIS
22 SECTION IF THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH-
23 OUT THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR FAILED TO OBEY A
24 TRAFFIC-CONTROL INDICATION. FOR PURPOSES OF THIS SUBDIVISION THERE SHALL
25 BE A PRESUMPTION THAT THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH
26 VEHICLE WITH THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR FAILED
27 TO OBEY A TRAFFIC-CONTROL INDICATION.
28 (L) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
29 OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF SUBDIVISION (D) OF
30 SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE.
31 (M) IN ANY SUCH CITY WHICH ADOPTS A DEMONSTRATION PROGRAM PURSUANT TO
32 SUBDIVISION (A) OF THIS SECTION, SUCH CITY SHALL SUBMIT AN ANNUAL REPORT
33 ON THE RESULTS OF THE USE OF A TRAFFIC-CONTROL SIGNAL PHOTO
34 VIOLATION-MONITORING SYSTEM TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF
35 THE SENATE AND THE SPEAKER OF THE ASSEMBLY ON OR BEFORE JUNE FIRST, TWO
36 THOUSAND FIFTEEN AND ON THE SAME DATE IN EACH SUCCEEDING YEAR IN WHICH
37 THE DEMONSTRATION PROGRAM IS OPERABLE. SUCH REPORT SHALL INCLUDE, BUT
38 NOT BE LIMITED TO:
39 1. A DESCRIPTION OF THE LOCATIONS WHERE TRAFFIC-CONTROL SIGNAL PHOTO
40 VIOLATION-MONITORING SYSTEMS WERE USED;
41 2. THE AGGREGATE NUMBER, TYPE AND SEVERITY OF ACCIDENTS REPORTED AT
42 INTERSECTIONS WHERE A TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING
43 SYSTEM IS USED FOR THE YEAR PRECEDING THE INSTALLATION OF SUCH SYSTEM,
44 TO THE EXTENT THE INFORMATION IS MAINTAINED BY THE DEPARTMENT OF MOTOR
45 VEHICLES OF THIS STATE;
46 3. THE AGGREGATE NUMBER, TYPE AND SEVERITY OF ACCIDENTS REPORTED AT
47 INTERSECTIONS WHERE A TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING
48 SYSTEM IS USED, TO THE EXTENT THE INFORMATION IS MAINTAINED BY THE
49 DEPARTMENT OF MOTOR VEHICLES OF THIS STATE;
50 4. THE NUMBER OF VIOLATIONS RECORDED AT EACH INTERSECTION WHERE A
51 TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING SYSTEM IS USED AND IN
52 THE AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS;
53 5. THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED FOR VIOLATIONS
54 RECORDED BY SUCH SYSTEMS;
55 6. THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID AFTER FIRST
56 NOTICE OF LIABILITY ISSUED FOR VIOLATIONS RECORDED BY SUCH SYSTEMS;
S. 7295--A 25 A. 9583--A
1 7. THE NUMBER OF VIOLATIONS ADJUDICATED AND RESULTS OF SUCH ADJUDI-
2 CATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE FOR VIOLATIONS
3 RECORDED BY SUCH SYSTEMS;
4 8. THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH CITY FROM SUCH ADJUDI-
5 CATIONS;
6 9. EXPENSES INCURRED BY SUCH CITY IN CONNECTION WITH THE PROGRAM; AND
7 10. QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
8 (N) IT SHALL BE A DEFENSE TO ANY PROSECUTION FOR A VIOLATION OF SUBDI-
9 VISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO
10 A LOCAL LAW OR ORDINANCE ADOPTED PURSUANT TO THIS SECTION THAT SUCH
11 TRAFFIC-CONTROL INDICATIONS WERE MALFUNCTIONING AT THE TIME OF THE
12 ALLEGED VIOLATION.
13 S 10. The opening paragraph and paragraph (c) of subdivision 1 of
14 section 1809 of the vehicle and traffic law, as amended by section 11 of
15 chapter 189 of the laws of 2013, are amended to read as follows:
16 Whenever proceedings in an administrative tribunal or a court of this
17 state result in a conviction for an offense under this chapter or a
18 traffic infraction under this chapter, or a local law, ordinance, rule
19 or regulation adopted pursuant to this chapter, other than a traffic
20 infraction involving standing, stopping, or parking or violations by
21 pedestrians or bicyclists, or other than an adjudication of liability of
22 an owner for a violation of subdivision (d) of section eleven hundred
23 eleven of this chapter in accordance with section eleven hundred
24 eleven-a of this chapter, or other than an adjudication of liability of
25 an owner for a violation of subdivision (d) of section eleven hundred
26 eleven of this chapter in accordance with section eleven hundred
27 eleven-b of this chapter, or other than an adjudication in accordance
28 with section eleven hundred eleven-c of this chapter for a violation of
29 a bus lane restriction as defined in such section, OR OTHER THAN AN
30 ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (D)
31 OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH
32 SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, or other than an adju-
33 dication of liability of an owner for a violation of subdivision (b),
34 (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in
35 accordance with section eleven hundred eighty-b of this chapter, there
36 shall be levied a crime victim assistance fee and a mandatory surcharge,
37 in addition to any sentence required or permitted by law, in accordance
38 with the following schedule:
39 (c) Whenever proceedings in an administrative tribunal or a court of
40 this state result in a conviction for an offense under this chapter
41 other than a crime pursuant to section eleven hundred ninety-two of this
42 chapter, or a traffic infraction under this chapter, or a local law,
43 ordinance, rule or regulation adopted pursuant to this chapter, other
44 than a traffic infraction involving standing, stopping, or parking or
45 violations by pedestrians or bicyclists, or other than an adjudication
46 of liability of an owner for a violation of subdivision (d) of section
47 eleven hundred eleven of this chapter in accordance with section eleven
48 hundred eleven-a of this chapter, or other than an adjudication of
49 liability of an owner for a violation of subdivision (d) of section
50 eleven hundred eleven of this chapter in accordance with section eleven
51 hundred eleven-b of this chapter, OR OTHER THAN AN ADJUDICATION OF
52 LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (D) OF SECTION
53 ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN
54 HUNDRED ELEVEN-D OF THIS CHAPTER, or other than an infraction pursuant
55 to article nine of this chapter or other than an adjudication of liabil-
56 ity of an owner for a violation of toll collection regulations pursuant
S. 7295--A 26 A. 9583--A
1 to section two thousand nine hundred eighty-five of the public authori-
2 ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
3 hundred seventy-four of the laws of nineteen hundred fifty or other than
4 an adjudication in accordance with section eleven hundred eleven-c of
5 this chapter for a violation of a bus lane restriction as defined in
6 such section, or other than an adjudication of liability of an owner for
7 a violation of subdivision (b), (c), (d), (f) or (g) of section eleven
8 hundred eighty of this chapter in accordance with section eleven hundred
9 eighty-b of this chapter, there shall be levied a crime victim assist-
10 ance fee in the amount of five dollars and a mandatory surcharge, in
11 addition to any sentence required or permitted by law, in the amount of
12 fifty-five dollars.
13 S 10-a. Subdivision 1 of section 1809 of the vehicle and traffic law,
14 as amended by section 11-a of chapter 189 of the laws of 2013, is
15 amended to read as follows:
16 1. Whenever proceedings in an administrative tribunal or a court of
17 this state result in a conviction for a crime under this chapter or a
18 traffic infraction under this chapter, or a local law, ordinance, rule
19 or regulation adopted pursuant to this chapter, other than a traffic
20 infraction involving standing, stopping, parking or motor vehicle equip-
21 ment or violations by pedestrians or bicyclists, or other than an adju-
22 dication of liability of an owner for a violation of subdivision (d) of
23 section eleven hundred eleven of this chapter in accordance with section
24 eleven hundred eleven-a of this chapter, or other than an adjudication
25 of liability of an owner for a violation of subdivision (d) of section
26 eleven hundred eleven of this chapter in accordance with section eleven
27 hundred eleven-b of this chapter, or other than an adjudication in
28 accordance with section eleven hundred eleven-c of this chapter for a
29 violation of a bus lane restriction as defined in such section, OR
30 OTHER THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF
31 SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN
32 ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, or
33 other than an adjudication of liability of an owner for a violation of
34 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty
35 of this chapter in accordance with section eleven hundred eighty-b of
36 this chapter, there shall be levied a mandatory surcharge, in addition
37 to any sentence required or permitted by law, in the amount of twenty-
38 five dollars.
39 S 10-b. Subdivision 1 of section 1809 of the vehicle and traffic law,
40 as amended by section 11-b of chapter 189 of the laws of 2013, is
41 amended to read as follows:
42 1. Whenever proceedings in an administrative tribunal or a court of
43 this state result in a conviction for a crime under this chapter or a
44 traffic infraction under this chapter other than a traffic infraction
45 involving standing, stopping, parking or motor vehicle equipment or
46 violations by pedestrians or bicyclists, or other than an adjudication
47 in accordance with section eleven hundred eleven-c of this chapter for a
48 violation of a bus lane restriction as defined in such section, OR OTHER
49 THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDI-
50 VISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN ACCORD-
51 ANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, or other than
52 an adjudication of liability of an owner for a violation of subdivision
53 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
54 ter in accordance with section eleven hundred eighty-b of this chapter,
55 there shall be levied a mandatory surcharge, in addition to any sentence
56 required or permitted by law, in the amount of seventeen dollars.
S. 7295--A 27 A. 9583--A
1 S 10-c. Subdivision 1 of section 1809 of the vehicle and traffic law,
2 as amended by section 11-c of chapter 189 of the laws of 2013, is
3 amended to read as follows:
4 1. Whenever proceedings in an administrative tribunal or a court of
5 this state result in a conviction for a crime under this chapter or a
6 traffic infraction under this chapter other than a traffic infraction
7 involving standing, stopping, parking or motor vehicle equipment or
8 violations by pedestrians or bicyclists, or other than an adjudication
9 of liability of an owner for a violation of subdivision (b), (c), (d),
10 (f) or (g) of section eleven hundred eighty of this chapter in accord-
11 ance with section eleven hundred eighty-b of this chapter, OR OTHER THAN
12 AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION
13 (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH
14 SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, there shall be levied a
15 mandatory surcharge, in addition to any sentence required or permitted
16 by law, in the amount of seventeen dollars.
17 S 10-d. Subdivision 1 of section 1809 of the vehicle and traffic law,
18 as separately amended by chapter 16 of the laws of 1983 and chapter 62
19 of the laws of 1989, is amended to read as follows:
20 1. Whenever proceedings in an administrative tribunal or a court of
21 this state result in a conviction for a crime under this chapter or a
22 traffic infraction under this chapter other than a traffic infraction
23 involving standing, stopping, parking or motor vehicle equipment or
24 violations by pedestrians or bicyclists, OR OTHER THAN AN ADJUDICATION
25 OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (D) OF SECTION
26 ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN
27 HUNDRED ELEVEN-D OF THIS CHAPTER, there shall be levied a mandatory
28 surcharge, in addition to any sentence required or permitted by law, in
29 the amount of seventeen dollars.
30 S 11. Paragraph a of subdivision 1 of section 1809-e of the vehicle
31 and traffic law, as amended by section 12-a of chapter 189 of the laws
32 of 2013, is amended to read as follows:
33 a. Notwithstanding any other provision of law, whenever proceedings in
34 a court or an administrative tribunal of this state result in a
35 conviction for an offense under this chapter, except a conviction pursu-
36 ant to section eleven hundred ninety-two of this chapter, or for a traf-
37 fic infraction under this chapter, or a local law, ordinance, rule or
38 regulation adopted pursuant to this chapter, except a traffic infraction
39 involving standing, stopping, or parking or violations by pedestrians or
40 bicyclists, and except an adjudication of liability of an owner for a
41 violation of subdivision (d) of section eleven hundred eleven of this
42 chapter in accordance with section eleven hundred eleven-a of this chap-
43 ter OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAP-
44 TER, and except an adjudication of liability of an owner for a violation
45 of subdivision (d) of section eleven hundred eleven of this chapter in
46 accordance with section eleven hundred eleven-b of this chapter, and
47 except an adjudication in accordance with section eleven hundred
48 eleven-c of this chapter of a violation of a bus lane restriction as
49 defined in such section, and [expect] EXCEPT an adjudication of liabil-
50 ity of an owner for a violation of subdivision (b), (c), (d), (f) or (g)
51 of section eleven hundred eighty of this chapter in accordance with
52 section eleven hundred eighty-b of this chapter, and except an adjudi-
53 cation of liability of an owner for a violation of toll collection regu-
54 lations pursuant to section two thousand nine hundred eighty-five of the
55 public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
56 chapter seven hundred seventy-four of the laws of nineteen hundred
S. 7295--A 28 A. 9583--A
1 fifty, there shall be levied in addition to any sentence, penalty or
2 other surcharge required or permitted by law, an additional surcharge of
3 twenty-eight dollars.
4 S 11-a. Paragraph a of subdivision 1 of section 1809-e of the vehicle
5 and traffic law, as amended by section 12-b of chapter 189 of the laws
6 of 2013, is amended to read as follows:
7 a. Notwithstanding any other provision of law, whenever proceedings in
8 a court or an administrative tribunal of this state result in a
9 conviction for an offense under this chapter, except a conviction pursu-
10 ant to section eleven hundred ninety-two of this chapter, or for a traf-
11 fic infraction under this chapter, or a local law, ordinance, rule or
12 regulation adopted pursuant to this chapter, except a traffic infraction
13 involving standing, stopping, or parking or violations by pedestrians or
14 bicyclists, and except an adjudication of liability of an owner for a
15 violation of subdivision (d) of section eleven hundred eleven of this
16 chapter in accordance with section eleven hundred eleven-a of this chap-
17 ter OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAP-
18 TER, and except an adjudication in accordance with section eleven
19 hundred eleven-c of this chapter of a violation of a bus lane
20 restriction as defined in such section, and except an adjudication of
21 liability of an owner for a violation of subdivision (b), (c), (d), (f)
22 or (g) of section eleven hundred eighty of this chapter in accordance
23 with section eleven hundred eighty-b of this chapter, and except an
24 adjudication of liability of an owner for a violation of toll collection
25 regulations pursuant to section two thousand nine hundred eighty-five of
26 the public authorities law or sections sixteen-a, sixteen-b and
27 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
28 hundred fifty, there shall be levied in addition to any sentence, penal-
29 ty or other surcharge required or permitted by law, an additional
30 surcharge of twenty-eight dollars.
31 S 11-b. Paragraph a of subdivision 1 of section 1809-e of the vehicle
32 and traffic law, as amended by section 12-c of chapter 189 of the laws
33 of 2013, is amended to read as follows:
34 a. Notwithstanding any other provision of law, whenever proceedings in
35 a court or an administrative tribunal of this state result in a
36 conviction for an offense under this chapter, except a conviction pursu-
37 ant to section eleven hundred ninety-two of this chapter, or for a traf-
38 fic infraction under this chapter, or a local law, ordinance, rule or
39 regulation adopted pursuant to this chapter, except a traffic infraction
40 involving standing, stopping, or parking or violations by pedestrians or
41 bicyclists, and except an adjudication of liability of an owner for a
42 violation of subdivision (d) of section eleven hundred eleven of this
43 chapter in accordance with section eleven hundred eleven-a of this chap-
44 ter OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAP-
45 TER, and except an adjudication of liability of an owner for a violation
46 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred
47 eighty of this chapter in accordance with section eleven hundred eight-
48 y-b of this chapter, and except an adjudication of liability of an owner
49 for a violation of toll collection regulations pursuant to section two
50 thousand nine hundred eighty-five of the public authorities law or
51 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred
52 seventy-four of the laws of nineteen hundred fifty, there shall be
53 levied in addition to any sentence, penalty or other surcharge required
54 or permitted by law, an additional surcharge of twenty-eight dollars.
S. 7295--A 29 A. 9583--A
1 S 11-c. Paragraph a of subdivision 1 of section 1809-e of the vehicle
2 and traffic law, as amended by section 5 of part C of chapter 55 of the
3 laws of 2013, is amended to read as follows:
4 a. Notwithstanding any other provision of law, whenever proceedings in
5 a court or an administrative tribunal of this state result in a
6 conviction for an offense under this chapter, except a conviction pursu-
7 ant to section eleven hundred ninety-two of this chapter, or for a traf-
8 fic infraction under this chapter, or a local law, ordinance, rule or
9 regulation adopted pursuant to this chapter, except a traffic infraction
10 involving standing, stopping, or parking or violations by pedestrians or
11 bicyclists, and except an adjudication of liability of an owner for a
12 violation of subdivision (d) of section eleven hundred eleven of this
13 chapter in accordance with section eleven hundred eleven-a of this chap-
14 ter OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAP-
15 TER, and except an adjudication of liability of an owner for a violation
16 of toll collection regulations pursuant to section two thousand nine
17 hundred eighty-five of the public authorities law or sections sixteen-a,
18 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
19 laws of nineteen hundred fifty, there shall be levied in addition to any
20 sentence, penalty or other surcharge required or permitted by law, an
21 additional surcharge of twenty-eight dollars.
22 S 12. Subdivision 1 of section 371 of the general municipal law, as
23 separately amended by sections 20 of chapters 20 and 383 of the laws of
24 2009, is amended to read as follows:
25 1. A traffic violations bureau so established may be authorized to
26 dispose of violations of traffic laws, ordinances, rules and regulations
27 when such offenses shall not constitute the traffic infraction known as
28 speeding or a misdemeanor or felony, and, if authorized by local law or
29 ordinance, to adjudicate the liability of owners for violations of
30 subdivision (d) of section eleven hundred eleven of the vehicle and
31 traffic law in accordance with section eleven hundred eleven-a of such
32 law or section eleven hundred eleven-b of such law [as added by section
33 sixteen of the chapter of the laws of two thousand nine] AS ADDED BY
34 SECTIONS SIXTEEN OF CHAPTERS TWENTY, TWENTY-ONE, AND TWENTY-TWO OF THE
35 LAWS OF TWO THOUSAND NINE which amended this [section] subdivision, OR
36 SECTION ELEVEN HUNDRED ELEVEN-D OF SUCH LAW.
37 S 12-a. Section 371 of the general municipal law, as separately
38 amended by sections 21 of chapters 20 and 383 of the laws of 2009, is
39 amended to read as follows:
40 S 371. Jurisdiction and procedure. A traffic violations bureau so
41 established may be authorized to dispose of violations of traffic laws,
42 ordinances, rules and regulations when such offenses shall not consti-
43 tute the traffic infraction known as speeding or a misdemeanor or felo-
44 ny, and, if authorized by local law or ordinance, to adjudicate the
45 liability of owners for violations of subdivision (d) of section eleven
46 hundred eleven of the vehicle and traffic law in accordance with section
47 eleven hundred eleven-b of such law as added by [section] SECTIONS
48 sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE, AND TWENTY-TWO of
49 the laws of two thousand nine which amended this section OR SECTION
50 ELEVEN HUNDRED ELEVEN-D OF SUCH LAW, by permitting a person charged with
51 an offense within the limitations herein stated, to answer, within a
52 specified time, at the traffic violations bureau, either in person or by
53 written power of attorney in such form as may be prescribed in the ordi-
54 nance creating the bureau, by paying a prescribed fine and, in writing,
55 waiving a hearing in court, pleading guilty to the charge or admitting
56 liability as an owner for the violation of subdivision (d) of section
S. 7295--A 30 A. 9583--A
1 eleven hundred eleven of the vehicle and traffic law, as the case may
2 be, and authorizing the person in charge of the bureau to make such a
3 plea or admission and pay such a fine in court. Acceptance of the
4 prescribed fine and power of attorney by the bureau shall be deemed
5 complete satisfaction for the violation or of the liability, and the
6 violator or owner liable for a violation of subdivision (d) of section
7 eleven hundred eleven of the vehicle and traffic law shall be given a
8 receipt which so states. If a person charged with a traffic violation
9 does not answer as hereinbefore prescribed, within a designated time,
10 the bureau shall cause a complaint to be entered against him or her
11 forthwith and a warrant to be issued for his or her arrest and appear-
12 ance before the court. Any person who shall have been, within the
13 preceding twelve months, guilty of a number of parking violations in
14 excess of such maximum number as may be designated by the court, or of
15 three or more violations other than parking violations, shall not be
16 permitted to appear and answer to a subsequent violation at the traffic
17 violations bureau, but must appear in court at a time specified by the
18 bureau. Such traffic violations bureau shall not be authorized to
19 deprive a person of his or her right to counsel or to prevent him or her
20 from exercising his or her right to appear in court to answer to,
21 explain, or defend any charge of a violation of any traffic law, ordi-
22 nance, rule or regulation.
23 S 12-b. Section 371 of the general municipal law, as amended by chap-
24 ter 802 of the laws of 1949, is amended to read as follows:
25 S 371. Jurisdiction and procedure. A traffic violations bureau so
26 established may be authorized to dispose of violations of traffic laws,
27 ordinances, rules and regulations when such offenses shall not consti-
28 tute the traffic infraction known as speeding or a misdemeanor or felo-
29 ny, AND, IF AUTHORIZED BY LOCAL LAW OR ORDINANCE, TO ADJUDICATE THE
30 LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (D) OF SECTION ELEVEN
31 HUNDRED ELEVEN OF THE VEHICLE AND TRAFFIC LAW IN ACCORDANCE WITH SECTION
32 ELEVEN HUNDRED ELEVEN-D OF THE VEHICLE AND TRAFFIC LAW, by permitting a
33 person charged with an offense within the limitations herein stated, to
34 answer, within a specified time, at the traffic violations bureau,
35 either in person or by written power of attorney in such form as may be
36 prescribed in the ordinance creating the bureau, by paying a prescribed
37 fine and, in writing, waiving a hearing in court, pleading guilty to the
38 charge OR ADMITTING LIABILITY AS AN OWNER FOR THE VIOLATION OF SUBDIVI-
39 SION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THE VEHICLE AND TRAFFIC
40 LAW, AS THE CASE MAY BE, and authorizing the person in charge of the
41 bureau to make such a plea OR ADMISSION and pay such a fine in court.
42 Acceptance of the prescribed fine and power of attorney by the bureau
43 shall be deemed complete satisfaction for the violation OR OF THE
44 LIABILITY, and the violator OR OWNER LIABLE FOR A VIOLATION OF SUBDIVI-
45 SION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THE VEHICLE AND TRAFFIC LAW
46 shall be given a receipt which so states. If a person charged with a
47 traffic violation does not answer as hereinbefore prescribed, within a
48 designated time, the bureau shall cause a complaint to be entered
49 against him OR HER forthwith and a warrant to be issued for his OR HER
50 arrest and appearance before the court. Any person who shall have been,
51 within the preceding twelve months, guilty of a number of parking
52 violations in excess of such maximum number as may be designated by the
53 court, or of three or more violations other than parking violations,
54 shall not be permitted to appear and answer to a subsequent violation at
55 the traffic violations bureau, but must appear in court at a time speci-
56 fied by the bureau. Such traffic violations bureau shall not be author-
S. 7295--A 31 A. 9583--A
1 ized to deprive a person of his OR HER right to counsel or to prevent
2 him OR HER from exercising his OR HER right to appear in court to answer
3 to, explain, or defend any charge of a violation of any traffic law,
4 ordinance, rule or regulation.
5 S 13. Subdivision 2 of section 87 of the public officers law is
6 amended by adding a new paragraph (n) to read as follows:
7 (N) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED
8 IMAGES PREPARED UNDER AUTHORITY OF SECTION ELEVEN HUNDRED ELEVEN-D OF
9 THE VEHICLE AND TRAFFIC LAW.
10 S 14. The purchase or lease of equipment for a demonstration program
11 established pursuant to section 1111-d of the vehicle and traffic law
12 shall be subject to the provisions of section 103 of the general munici-
13 pal law.
14 S 15. This act shall take effect on the thirtieth day after it shall
15 have become a law and shall expire 5 years after such effective date
16 when upon such date the provisions of this act shall be deemed repealed;
17 and provided further that any rules necessary for the implementation of
18 this act on its effective date shall be promulgated on or before such
19 effective date, provided that:
20 (a) the amendments to subdivision 1 of section 235 of the vehicle and
21 traffic law made by section one of this act shall not affect the expira-
22 tion of such subdivision and shall be deemed to expire therewith, when
23 upon such date the provisions of section one-a of this act shall take
24 effect;
25 (b) the amendments to section 235 of the vehicle and traffic law made
26 by section one-a of this act shall not affect the expiration of such
27 section and shall be deemed to expire therewith, when upon such date the
28 provisions of section one-b of this act shall take effect;
29 (c) the amendments to section 235 of the vehicle and traffic law made
30 by section one-b of this act shall not affect the expiration of such
31 section and shall be deemed to expire therewith, when upon such date the
32 provisions of section one-c of this act shall take effect;
33 (d) the amendments to section 235 of the vehicle and traffic law made
34 by section one-c of this act shall not affect the expiration of such
35 section and shall be deemed to expire therewith, when upon such date the
36 provisions of section one-d of this act shall take effect;
37 (e) the amendments to section 235 of the vehicle and traffic law made
38 by section one-d of this act shall not affect the expiration of such
39 section and shall be deemed to expire therewith, when upon such date the
40 provisions of section one-e of this act shall take effect;
41 (f) the amendments to subdivision 1 of section 236 of the vehicle and
42 traffic law made by section two of this act shall not affect the expira-
43 tion of such subdivision and shall be deemed to expire therewith, when
44 upon such date the provisions of section two-a of this act shall take
45 effect;
46 (g) the amendments to subdivision 1 of section 236 of the vehicle and
47 traffic law made by section two-a of this act shall not affect the expi-
48 ration of such subdivision and shall be deemed to expire therewith, when
49 upon such date the provisions of section two-b of this act shall take
50 effect;
51 (h) the amendments to subdivision 1 of section 236 of the vehicle and
52 traffic law made by section two-b of this act shall not affect the expi-
53 ration of such subdivision and shall be deemed to expire therewith, when
54 upon such date the provisions of section two-c of this act shall take
55 effect;
S. 7295--A 32 A. 9583--A
1 (i) the amendments to subdivision 1 of section 236 of the vehicle and
2 traffic law made by section two-c of this act shall not affect the expi-
3 ration of such subdivision and shall be deemed to expire therewith, when
4 upon such date the provisions of section two-d of this act shall take
5 effect;
6 (j) the amendments to paragraph f of subdivision 1 of section 239 of
7 the vehicle and traffic law made by section four of this act shall not
8 affect the expiration of such paragraph and shall be deemed to expire
9 therewith, when upon such date the provisions of section four-a of this
10 act shall take effect;
11 (k) the amendments to paragraph f of subdivision 1 of section 239 of
12 the vehicle and traffic law made by section four-a of this act shall not
13 affect the expiration of such paragraph and shall be deemed to expire
14 therewith, when upon such date the provisions of section four-b of this
15 act shall take effect;
16 (l) the amendments to paragraph f of subdivision 1 of section 239 of
17 the vehicle and traffic law made by section four-b of this act shall not
18 affect the expiration of such paragraph and shall be deemed to expire
19 therewith, when upon such date the provisions of section four-c of this
20 act shall take effect;
21 (m) the amendments to paragraph f of subdivision 1 of section 239 of
22 the vehicle and traffic law made by section four-c of this act shall not
23 affect the expiration of such paragraph and shall be deemed to expire
24 therewith, when upon such date the provisions of section four-d of this
25 act shall take effect;
26 (n) the amendments to subdivisions 1 and 1-a of section 240 of the
27 vehicle and traffic law made by section five of this act shall not
28 affect the expiration of such subdivisions and shall be deemed to expire
29 therewith, when upon such date the provisions of section five-a of this
30 act shall take effect;
31 (o) the amendments to subdivisions 1 and 1-a of section 240 of the
32 vehicle and traffic law made by section five-a of this act shall not
33 affect the expiration of such subdivisions and shall be deemed to expire
34 therewith, when upon such date the provisions of section five-b of this
35 act shall take effect;
36 (p) the amendments to subdivisions 1 and 1-a of section 240 of the
37 vehicle and traffic law made by section five-b of this act shall not
38 affect the expiration of such subdivisions and shall be deemed to expire
39 therewith, when upon such date the provisions of section five-c of this
40 act shall take effect;
41 (q) the amendments to subdivisions 1 and 1-a of section 240 of the
42 vehicle and traffic law made by section five-c of this act shall not
43 affect the expiration of such subdivisions and shall be deemed to expire
44 therewith, when upon such date the provisions of section five-d of this
45 act shall take effect;
46 (r) the amendments to paragraphs a and g of subdivision 2 of section
47 240 of the vehicle and traffic law made by section six of this act shall
48 not affect the expiration of such paragraphs and shall be deemed to
49 expire therewith, when upon such date the provisions of section six-a of
50 this act shall take effect;
51 (s) the amendments to paragraphs a and g of subdivision 2 of section
52 240 of the vehicle and traffic law made by section six-a of this act
53 shall not affect the expiration of such paragraphs and shall be deemed
54 to expire therewith, when upon such date the provisions of section six-b
55 of this act shall take effect;
S. 7295--A 33 A. 9583--A
1 (t) the amendments to paragraphs a and g of subdivision 2 of section
2 240 of the vehicle and traffic law made by section six-b of this act
3 shall not affect the expiration of such paragraphs and shall be deemed
4 to expire therewith, when upon such date the provisions of section six-c
5 of this act shall take effect;
6 (u) the amendments to paragraphs a and g of subdivision 2 of section
7 240 of the vehicle and traffic law made by section six-c of this act
8 shall not affect the expiration of such paragraphs and shall be deemed
9 to expire therewith, when upon such date the provisions of section six-d
10 of this act shall take effect;
11 (v) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
12 cle and traffic law made by section seven of this act shall not affect
13 the expiration of such subdivisions and shall be deemed to expire there-
14 with, when upon such date the provisions of section seven-a of this act
15 shall take effect;
16 (w) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
17 cle and traffic law made by section seven-a of this act shall not affect
18 the expiration of such subdivisions and shall be deemed to expire there-
19 with, when upon such date the provisions of section seven-b of this act
20 shall take effect;
21 (x) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
22 cle and traffic law made by section seven-b of this act shall not affect
23 the expiration of such subdivisions and shall be deemed to expire there-
24 with, when upon such date the provisions of section seven-c of this act
25 shall take effect;
26 (y) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
27 cle and traffic law made by section seven-c of this act shall not affect
28 the expiration of such subdivisions and shall be deemed to expire there-
29 with, when upon such date the provisions of section seven-d of this act
30 shall take effect;
31 (z) the amendments to subparagraph (i) of paragraph a of subdivision
32 5-a of section 401 of the vehicle and traffic law made by section eight
33 of this act shall not affect the expiration of such paragraph and shall
34 be deemed to expire therewith, when upon such date the provisions of
35 section eight-a of this act shall take effect;
36 (aa) the amendments to paragraph a of subdivision 5-a of section 401
37 of the vehicle and traffic law made by section eight-a of this act shall
38 not affect the expiration of such paragraph and shall be deemed to
39 expire therewith, when upon such date the provisions of section eight-b
40 of this act shall take effect;
41 (bb) the amendments to paragraph a of subdivision 5-a of section 401
42 of the vehicle and traffic law made by section eight-b of this act shall
43 not affect the expiration of such paragraph and shall be deemed to
44 expire therewith, when upon such date the provisions of section eight-c
45 of this act shall take effect;
46 (cc) the amendments to paragraph a of subdivision 5-a of section 401
47 of the vehicle and traffic law made by section eight-c of this act shall
48 not affect the expiration of such paragraph and shall be deemed to
49 expire therewith, when upon such date the provisions of section eight-d
50 of this act shall take effect;
51 (dd) the amendments to subdivision 1 of section 1809 of the vehicle
52 and traffic law made by section ten of this act shall not affect the
53 expiration of such subdivision and shall be deemed to expire therewith,
54 when upon such date the provisions of section ten-a of this act shall
55 take effect;
S. 7295--A 34 A. 9583--A
1 (ee) the amendments to subdivision 1 of section 1809 of the vehicle
2 and traffic law made by section ten-a of this act shall not affect the
3 expiration of such subdivision and shall be deemed to expire therewith,
4 when upon such date the provisions of section ten-b of this act shall
5 take effect;
6 (ff) the amendments to subdivision 1 of section 1809 of the vehicle
7 and traffic law made by section ten-b of this act shall not affect the
8 expiration of such subdivision and shall be deemed to expire therewith,
9 when upon such date the provisions of section ten-c of this act shall
10 take effect;
11 (gg) the amendments to subdivision 1 of section 1809 of the vehicle
12 and traffic law made by section ten-c of this act shall not affect the
13 expiration of such subdivision and shall be deemed to expire therewith,
14 when upon such date the provisions of section ten-d of this act shall
15 take effect;
16 (hh) the amendments to paragraph a of subdivision 1 of section 1809-e
17 of the vehicle and traffic law made by section eleven of this act shall
18 not affect the expiration of such paragraph and shall be deemed to
19 expire therewith, when upon such date the provisions of section eleven-a
20 of this act shall take effect;
21 (ii) the amendments to paragraph a of subdivision 1 of section 1809-e
22 of the vehicle and traffic law made by section eleven-a of this act
23 shall not affect the expiration of such paragraph and shall be deemed to
24 expire therewith, when upon such date the provisions of section eleven-b
25 of this act shall take effect;
26 (jj) the amendments to paragraph a of subdivision 1 of section 1809-e
27 of the vehicle and traffic law made by section eleven-b of this act
28 shall not affect the expiration of such paragraph and shall be deemed to
29 expire therewith, when upon such date the provisions of section eleven-c
30 of this act shall take effect;
31 (kk) the amendments made to subdivision 1 of section 371 of the gener-
32 al municipal law made by section twelve of this act shall not affect the
33 expiration of such subdivision and shall be deemed to expire therewith,
34 when upon such date the provisions of section twelve-a of this act shall
35 take effect; and
36 (ll) the amendments made to section 371 of the general municipal law
37 by section twelve-a of this act shall not affect the expiration of such
38 section and shall be deemed to expire therewith, when upon such date the
39 provisions of section twelve-b of this act shall take effect.
