Bill Text: NY S07735 | 2009-2010 | General Assembly | Introduced
Bill Title: Establishes in a city with a population of one million or more a bus rapid transit and bus mobility demonstration program to enforce certain restrictions on the use of bus lanes by means of bus lane photo devices.
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Introduced - Dead) 2010-06-10 - REPORTED AND COMMITTED TO FINANCE [S07735 Detail]
Download: New_York-2009-S07735-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 7735 I N S E N A T E May 5, 2010 ___________ Introduced by Sen. DILAN -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the vehicle and traffic law and the public officers law, in relation to establishing in a city with a population of one million or more a bus lane demonstration program to enforce restrictions on the use of bus lanes by means of bus lane photo devices; and providing for the repeal of such provisions upon expiration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision 1 of section 235 of the vehicle and traffic 2 law, as separately amended by section 1 of chapters 20, 21, 22 and 383 3 of the laws of 2009, is amended to read as follows: 4 1. Notwithstanding any inconsistent provision of any general, special 5 or local law or administrative code to the contrary, in any city which 6 heretofore or hereafter is authorized to establish an administrative 7 tribunal to hear and determine complaints of traffic infractions consti- 8 tuting parking, standing or stopping violations, or to adjudicate the 9 liability of owners for violations of subdivision (d) of section eleven 10 hundred eleven of this chapter in accordance with section eleven hundred 11 eleven-a of this chapter, or to adjudicate the liability of owners for 12 violations of subdivision (d) of section eleven hundred eleven of this 13 chapter in accordance with section eleven hundred eleven-b of this chap- 14 ter as added by section sixteen of [the chapter] CHAPTERS TWENTY, TWEN- 15 TY-ONE, TWENTY-TWO AND THREE HUNDRED EIGHTY-THREE of the laws of two 16 thousand nine [which amended this subdivision], or to adjudicate the 17 liability of owners for violations of toll collection regulations as 18 defined in and in accordance with the provisions of section two thousand 19 nine hundred eighty-five of the public authorities law and sections 20 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four 21 of the laws of nineteen hundred fifty, OR TO ADJUDICATE LIABILITY OF 22 OWNERS IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAP- 23 TER FOR VIOLATIONS OF BUS LANE RESTRICTIONS AS DEFINED IN SUCH SECTION, 24 such tribunal and the rules and regulations pertaining thereto shall be 25 constituted in substantial conformance with the following sections. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15824-02-0 S. 7735 2 1 S 1-a. Section 235 of the vehicle and traffic law, as separately 2 amended by section 2 of chapters 20, 21, 22 and 383 of the laws of 2009, 3 is amended to read as follows: 4 S 235. Jurisdiction. Notwithstanding any inconsistent provision of any 5 general, special or local law or administrative code to the contrary, in 6 any city which heretofore or hereafter is authorized to establish an 7 administrative tribunal to hear and determine complaints of traffic 8 infractions constituting parking, standing or stopping violations, or to 9 adjudicate the liability of owners for violations of subdivision (d) of 10 section eleven hundred eleven of this chapter in accordance with section 11 eleven hundred eleven-a of this chapter, or to adjudicate the liability 12 of owners for violations of subdivision (d) of section eleven hundred 13 eleven of this chapter in accordance with section eleven hundred 14 eleven-b of this chapter as added by section sixteen of [the chapter] 15 CHAPTERS TWENTY, TWENTY-ONE, TWENTY-TWO AND THREE HUNDRED EIGHTY-THREE 16 of the laws of two thousand nine [which amended this section], or to 17 adjudicate the liability of owners for violations of toll collection 18 regulations as defined in and in accordance with the provisions of 19 section two thousand nine hundred eighty-five of the public authorities 20 law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven 21 hundred seventy-four of the laws of nineteen hundred fifty, OR TO ADJU- 22 DICATE LIABILITY OF OWNERS IN ACCORDANCE WITH SECTION ELEVEN HUNDRED 23 ELEVEN-C OF THIS CHAPTER FOR VIOLATIONS OF BUS LANE RESTRICTIONS AS 24 DEFINED IN SUCH SECTION, such tribunal and the rules and regulations 25 pertaining thereto shall be constituted in substantial conformance with 26 the following sections. 27 S 1-b. Section 235 of the vehicle and traffic law, as separately 28 amended by section 3 of chapters 20, 21, 22 and 383 of the laws of 2009, 29 is amended to read as follows: 30 S 235. Jurisdiction. Notwithstanding any inconsistent provision of any 31 general, special or local law or administrative code to the contrary, in 32 any city which heretofore or hereafter is authorized to establish an 33 administrative tribunal to hear and determine complaints of traffic 34 infractions constituting parking, standing or stopping violations, or to 35 adjudicate the liability of owners for violations of subdivision (d) of 36 section eleven hundred eleven of this chapter in accordance with section 37 eleven hundred eleven-b of this chapter as added by section sixteen of 38 [the chapter] CHAPTERS TWENTY, TWENTY-ONE, TWENTY-TWO AND THREE HUNDRED 39 EIGHTY-THREE of the laws of two thousand nine [which amended this 40 section], or to adjudicate the liability of owners for violations of 41 toll collection regulations as defined in and in accordance with the 42 provisions of section two thousand nine hundred eighty-five of the 43 public authorities law and sections sixteen-a, sixteen-b and sixteen-c 44 of chapter seven hundred seventy-four of the laws of nineteen hundred 45 fifty, OR TO ADJUDICATE LIABILITY OF OWNERS IN ACCORDANCE WITH SECTION 46 ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER FOR VIOLATIONS OF BUS LANE 47 RESTRICTIONS AS DEFINED IN SUCH SECTION, such tribunal and the rules and 48 regulations pertaining thereto shall be constituted in substantial 49 conformance with the following sections. 50 S 1-c. Section 235 of the vehicle and traffic law, as separately 51 amended by chapter 715 of the laws of 1972 and chapter 379 of the laws 52 of 1992, is amended to read as follows: 53 S 235. Jurisdiction. Notwithstanding any inconsistent provision of any 54 general, special or local law or administrative code to the contrary, in 55 any city which heretofore or hereafter is authorized to establish an 56 administrative tribunal to hear and determine complaints of traffic S. 7735 3 1 infractions constituting parking, standing or stopping violations, or to 2 adjudicate the liability of owners for violations of toll collection 3 regulations as defined in and in accordance with the provisions of 4 section two thousand nine hundred eighty-five of the public authorities 5 law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven 6 hundred seventy-four of the laws of nineteen hundred fifty, OR TO ADJU- 7 DICATE LIABILITY OF OWNERS IN ACCORDANCE WITH SECTION ELEVEN HUNDRED 8 ELEVEN-C OF THIS CHAPTER FOR VIOLATIONS OF BUS LANE RESTRICTIONS AS 9 DEFINED IN SUCH SECTION, such tribunal and the rules and regulations 10 pertaining thereto shall be constituted in substantial conformance with 11 the following sections. 12 S 2. Subdivision 1 of section 236 of the vehicle and traffic law, as 13 separately amended by section 4 of chapters 20, 21, 22 and 383 of the 14 laws of 2009, is amended to read as follows: 15 1. Creation. In any city as hereinbefore or hereafter authorized such 16 tribunal when created shall be known as the parking violations bureau 17 and shall have jurisdiction of traffic infractions which constitute a 18 parking violation and, where authorized by local law adopted pursuant to 19 subdivision (a) of section eleven hundred eleven-a of this chapter or 20 subdivision (a) of section eleven hundred eleven-b of this chapter as 21 added by section sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE, 22 TWENTY-TWO AND THREE HUNDRED EIGHTY-THREE of the laws of two thousand 23 nine [which amended this subdivision], shall adjudicate the liability of 24 owners for violations of subdivision (d) of section eleven hundred elev- 25 en of [this chapter] CHAPTERS TWENTY, TWENTY-ONE, TWENTY-TWO AND THREE 26 HUNDRED EIGHTY-THREE in accordance with such section eleven hundred 27 eleven-a or such section eleven hundred eleven-b as added by section 28 sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE, TWENTY-TWO AND 29 THREE HUNDRED EIGHTY-THREE of the laws of two thousand nine [which 30 amended this subdivision] and shall adjudicate the liability of owners 31 for violations of toll collection regulations as defined in and in 32 accordance with the provisions of section two thousand nine hundred 33 eighty-five of the public authorities law and sections sixteen-a, 34 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the 35 laws of nineteen hundred fifty, AND SHALL ADJUDICATE LIABILITY OF OWNERS 36 IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER FOR 37 VIOLATIONS OF BUS LANE RESTRICTIONS AS DEFINED IN SUCH SECTION. Such 38 tribunal, except in a city with a population of one million or more, 39 shall also have jurisdiction of abandoned vehicle violations. For the 40 purposes of this article, a parking violation is the violation of any 41 law, rule or regulation providing for or regulating the parking, stop- 42 ping or standing of a vehicle. In addition for purposes of this article, 43 "commissioner" shall mean and include the commissioner of traffic of the 44 city or an official possessing authority as such a commissioner. 45 S 2-a. Subdivision 1 of section 236 of the vehicle and traffic law, 46 as separately amended by section 5 of chapters 20, 21, 22 and 383 of the 47 laws of 2009, is amended to read as follows: 48 1. Creation. In any city as hereinbefore or hereafter authorized such 49 tribunal when created shall be known as the parking violations bureau 50 and shall have jurisdiction of traffic infractions which constitute a 51 parking violation and, where authorized by local law adopted pursuant to 52 subdivision (a) of section eleven hundred eleven-b of this chapter as 53 added by section sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE, 54 TWENTY-TWO AND THREE HUNDRED EIGHTY-THREE of the laws of two thousand 55 nine [which amended this subdivision], shall adjudicate the liability of 56 owners for violations of subdivision (d) of section eleven hundred elev- S. 7735 4 1 en of this chapter in accordance with such section eleven hundred 2 eleven-b as added by section sixteen of [the chapter] CHAPTERS TWENTY, 3 TWENTY-ONE, TWENTY-TWO AND THREE HUNDRED EIGHTY-THREE of the laws of two 4 thousand nine which amended this subdivision, AND SHALL ADJUDICATE 5 LIABILITY OF OWNERS IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C 6 OF THIS CHAPTER FOR VIOLATIONS OF BUS LANE RESTRICTIONS AS DEFINED IN 7 SUCH SECTION. For the purposes of this article, a parking violation is 8 the violation of any law, rule or regulation providing for or regulating 9 the parking, stopping or standing of a vehicle. In addition for purposes 10 of this article, "commissioner" shall mean and include the commissioner 11 of traffic of the city or an official possessing authority as such a 12 commissioner. 13 S 2-b. Subdivision 1 of section 236 of the vehicle and traffic law, as 14 added by chapter 715 of the laws of 1972, is amended to read as follows: 15 1. Creation. In any city as hereinbefore or hereafter authorized such 16 tribunal when created shall be known as the parking violations bureau 17 and shall have jurisdiction of traffic infractions which constitute a 18 parking violation, AND SHALL ADJUDICATE LIABILITY OF OWNERS IN ACCORD- 19 ANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER FOR VIOLATIONS 20 OF BUS LANE RESTRICTIONS AS DEFINED IN SUCH SECTION. For the purposes 21 of this article, a parking violation is the violation of any law, rule 22 or regulation providing for or regulating the parking, stopping or 23 standing of a vehicle. In addition for purposes of this article, 24 "commissioner" shall mean and include the commissioner of traffic of the 25 city or an official possessing authority as such a commissioner. 26 S 3. Subdivision 11 of section 237 of the vehicle and traffic law, as 27 added by chapter 379 of the laws of 1992, is amended to read as 28 follows: 29 11. To adjudicate the liability of owners for violations of toll 30 collection regulations as defined in and in accordance with the 31 provisions of section two thousand nine hundred eighty-five of the 32 public authorities law and sections sixteen-a, sixteen-b and sixteen-c 33 of chapter seven hundred seventy-four of the laws of nineteen hundred 34 fifty[.]; 35 S 4. Section 237 of the vehicle and traffic law is amended by adding 36 a new subdivision 12 to read as follows: 37 12. TO ADJUDICATE LIABILITY OF OWNERS IN ACCORDANCE WITH SECTION ELEV- 38 EN HUNDRED ELEVEN-C OF THIS CHAPTER FOR VIOLATIONS OF BUS LANE 39 RESTRICTIONS AS DEFINED IN SUCH SECTION. 40 S 5. Paragraph f of subdivision 1 of section 239 of the vehicle and 41 traffic law, as separately amended by section 8 of chapters 20, 21, 22 42 and 383 of the laws of 2009, is amended to read as follows: 43 f. "Notice of violation" means a notice of violation as defined in 44 subdivision nine of section two hundred thirty-seven of this article, 45 but shall not be deemed to include a notice of liability issued pursuant 46 to authorization set forth in section eleven hundred eleven-a of this 47 chapter or section eleven hundred eleven-b of this chapter as added by 48 section sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE, TWENTY-TWO 49 AND THREE HUNDRED EIGHTY-THREE of the laws of two thousand nine [which 50 amended this paragraph], and shall not be deemed to include a notice of 51 liability issued pursuant to section two thousand nine hundred eighty- 52 five of the public authorities law and sections sixteen-a, sixteen-b and 53 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen 54 hundred fifty AND SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY 55 ISSUED PURSUANT TO SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER. S. 7735 5 1 S 5-a. Paragraph f of subdivision 1 of section 239 of the vehicle and 2 traffic law, as separately amended by section 9 of chapters 20, 21, 22 3 and 383 of the laws of 2009, is amended to read as follows: 4 f. "Notice of violation" means a notice of violation as defined in 5 subdivision nine of section two hundred thirty-seven of this article but 6 shall not be deemed to include a notice of liability issued pursuant to 7 authorization set forth in section eleven hundred eleven-b of [this 8 chapter] CHAPTERS TWENTY, TWENTY-ONE, TWENTY-TWO AND THREE HUNDRED 9 EIGHTY-THREE as added by section sixteen of the chapter of the laws of 10 two thousand nine [which amended this paragraph] AND SHALL NOT BE DEEMED 11 TO INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT TO SECTION ELEVEN 12 HUNDRED ELEVEN-C OF THIS CHAPTER. 13 S 5-b. Paragraph f of subdivision 1 of section 239 of the vehicle and 14 traffic law, as added by chapter 180 of the laws of 1980, is amended to 15 read as follows: 16 f. "Notice of violation" means a notice of violation as defined in 17 subdivision nine of section two hundred thirty-seven of this article AND 18 SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT TO 19 SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER. 20 S 6. Subdivision 4 of section 239 of the vehicle and traffic law, as 21 amended by chapter 379 of the laws of 1992, is amended to read as 22 follows: 23 4. Applicability. The provisions of paragraph b of subdivision two and 24 subdivision three of this section shall not be applicable to determi- 25 nations of owner liability for the failure of an operator to comply with 26 subdivision (d) of section eleven hundred eleven of this chapter and 27 shall not be applicable to determinations of owner liability imposed 28 pursuant to section two thousand nine hundred eighty-five of the public 29 authorities law and sections sixteen-a, sixteen-b and sixteen-c of chap- 30 ter seven hundred seventy-four of the laws of nineteen hundred fifty AND 31 SHALL NOT BE APPLICABLE TO DETERMINATIONS OF OWNER LIABILITY FOR 32 VIOLATIONS OF SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER. 33 S 6-a. Section 239 of the vehicle and traffic law is amended by adding 34 a new subdivision 4 to read as follows: 35 4. APPLICABILITY. THE PROVISIONS OF PARAGRAPH B OF SUBDIVISION TWO AND 36 SUBDIVISION THREE OF THIS SECTION SHALL NOT BE APPLICABLE TO DETERMI- 37 NATIONS OF OWNER LIABILITY FOR VIOLATIONS OF SECTION ELEVEN HUNDRED 38 ELEVEN-C OF THIS CHAPTER. 39 S 7. Subdivision 1 of section 240 of the vehicle and traffic law, as 40 separately amended by section 10 of chapters 20, 21, 22 and 383 of the 41 laws of 2009, is amended to read as follows: 42 1. Notice of hearing. Whenever a person charged with a parking 43 violation enters a plea of not guilty or a person alleged to be liable 44 in accordance with section eleven hundred eleven-a of this chapter or 45 section eleven hundred eleven-b of this chapter as added by section 46 sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE, TWENTY-TWO AND 47 THREE HUNDRED EIGHTY-THREE of the laws of two thousand nine [which 48 amended this paragraph subdivision], for a violation of subdivision (d) 49 of section eleven hundred eleven of this chapter contests such allega- 50 tion, or a person alleged to be liable in accordance with the provisions 51 of section two thousand nine hundred eighty-five of the public authori- 52 ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven 53 hundred seventy-four of the laws of nineteen hundred fifty, OR A PERSON 54 ALLEGED TO BE LIABLE IN ACCORDANCE WITH THE PROVISIONS OF SECTION ELEVEN 55 HUNDRED ELEVEN-C OF THIS CHAPTER FOR A VIOLATION OF A BUS LANE 56 RESTRICTION AS DEFINED IN SUCH SECTION CONTESTS SUCH ALLEGATION, the S. 7735 6 1 bureau shall advise such person personally by such form of first class 2 mail as the director may direct of the date on which he or she must 3 appear to answer the charge at a hearing. The form and content of such 4 notice of hearing shall be prescribed by the director, and shall contain 5 a warning to advise the person so pleading or contesting that failure to 6 appear on the date designated, or on any subsequent adjourned date, 7 shall be deemed an admission of liability, and that a default judgment 8 may be entered thereon. 9 S 7-a. Subdivision 1 of section 240 of the vehicle and traffic law, as 10 separately amended by section 11 of chapters 20, 21, 22 and 383 of the 11 laws of 2009, is amended to read as follows: 12 1. Notice of hearing. Whenever a person charged with a parking 13 violation enters a plea of not guilty or a person alleged to be liable 14 in accordance with section eleven hundred eleven-b of this chapter as 15 added by section sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE, 16 TWENTY-TWO AND THREE HUNDRED EIGHTY-THREE of the laws of two thousand 17 nine [which amended this subdivision], for a violation of subdivision 18 (d) of section eleven hundred eleven of this chapter contests such alle- 19 gation, OR A PERSON ALLEGED TO BE LIABLE IN ACCORDANCE WITH THE 20 PROVISIONS OF SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER FOR A 21 VIOLATION OF A BUS LANE RESTRICTION AS DEFINED IN SUCH SECTION CONTESTS 22 SUCH ALLEGATION, the bureau shall advise such person personally by such 23 form of first class mail as the director may direct of the date on which 24 he or she must appear to answer the charge at a hearing. The form and 25 content of such notice of hearing shall be prescribed by the director, 26 and shall contain a warning to advise the person so pleading or contest- 27 ing that failure to appear on the date designated, or on any subsequent 28 adjourned date, shall be deemed an admission of liability, and that a 29 default judgment may be entered thereon. 30 S 7-b. Subdivision 1 of section 240 of the vehicle and traffic law, as 31 added by chapter 715 of the laws of 1972, is amended to read as follows: 32 1. Notice of hearing. Whenever a person charged with a parking 33 violation enters a plea of not guilty, OR A PERSON ALLEGED TO BE LIABLE 34 IN ACCORDANCE WITH THE PROVISIONS OF SECTION ELEVEN HUNDRED ELEVEN-C OF 35 THIS CHAPTER FOR A VIOLATION OF A BUS LANE RESTRICTION AS DEFINED IN 36 SUCH SECTION CONTESTS SUCH ALLEGATION, the bureau shall advise such 37 person personally by such form of first class mail as the director may 38 direct of the date on which he OR SHE must appear to answer the charge 39 at a hearing. The form and content of such notice of hearing shall be 40 prescribed by the director, and shall contain a warning to advise the 41 person so pleading that failure to appear on the date designated, or on 42 any subsequent adjourned date, shall be deemed an admission of liabil- 43 ity, and that a default judgment may be entered thereon. 44 S 8. Subdivision 1-a of section 240 of the vehicle and traffic law, as 45 separately amended by section 10 of chapters 20, 21, 22 and 383 of the 46 laws of 2009, is amended to read as follows: 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-a of this chapter or 50 section eleven hundred eleven-b of this chapter as added by section 51 sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE, TWENTY-TWO AND 52 THREE HUNDRED EIGHTY-THREE of the laws of two thousand nine [which 53 amended this subdivision] or an allegation of liability in accordance 54 with section two thousand nine hundred eighty-five of the public author- 55 ities law or sections sixteen-a, sixteen-b and sixteen-c of chapter 56 seven hundred seventy-four of the laws of nineteen hundred fifty OR AN S. 7735 7 1 ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED 2 ELEVEN-C OF THIS CHAPTER, is being contested, by a person in a timely 3 fashion and a hearing upon the merits has been demanded, but has not yet 4 been held, the bureau shall not issue any notice of fine or penalty to 5 that person prior to the date of the hearing. 6 S 8-a. Subdivision 1-a of section 240 of the vehicle and traffic law, 7 as separately amended by section 11 of chapters 20, 21, 22 and 383 of 8 the laws of 2009, is amended to read as follows: 9 1-a. Fines and penalties. Whenever a plea of not guilty has been 10 entered, or the bureau has been notified that an allegation of liability 11 in accordance with section eleven hundred eleven-b of this chapter, as 12 added by section sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE, 13 TWENTY-TWO AND THREE HUNDRED EIGHTY-THREE of the laws of two thousand 14 nine [which amended this subdivision], is being contested, by a person 15 in a timely fashion and a hearing upon the merits has been demanded, but 16 has not yet been held, the bureau shall not issue any notice of fine or 17 penalty to that person prior to the date of the hearing. 18 S 8-b. Subdivision 1-a of section 240 of the vehicle and traffic law, 19 as added by chapter 365 of the laws of 1978, is amended to read as 20 follows: 21 1-a. Fines and penalties. Whenever a plea of not guilty has been 22 entered, OR THE BUREAU HAS BEEN NOTIFIED THAT AN ALLEGATION OF LIABILITY 23 IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER IS 24 BEING CONTESTED, by a person in a timely fashion and a hearing upon the 25 merits has been demanded, but has not yet been held, the bureau shall 26 not issue any notice of fine or penalty to that person prior to the date 27 of the hearing. 28 S 9. Paragraphs a and g of subdivision 2 of section 240 of the vehicle 29 and traffic law, as separately amended by section 10 of chapters 20, 21, 30 22 and 383 of the laws of 2009, are amended to read as follows: 31 a. Every hearing for the adjudication of a charge of parking violation 32 or an allegation of liability in accordance with section eleven hundred 33 eleven-a of this chapter or in accordance with section eleven hundred 34 eleven-b of this chapter as added by section sixteen of [the chapter] 35 CHAPTERS TWENTY, TWENTY-ONE, TWENTY-TWO AND THREE HUNDRED EIGHTY-THREE 36 of the laws of two thousand nine [which amended this paragraph] or an 37 allegation of liability in accordance with section two thousand nine 38 hundred eighty-five of the public authorities law or sections sixteen-a, 39 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the 40 laws of nineteen hundred fifty OR AN ALLEGATION OF LIABILITY IN ACCORD- 41 ANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER shall be held 42 before a hearing examiner in accordance with rules and regulations 43 promulgated by the bureau. 44 g. A record shall be made of a hearing on a plea of not guilty or of a 45 hearing at which liability in accordance with section eleven hundred 46 eleven-a of this chapter or in accordance with section eleven hundred 47 eleven-b of this chapter as added by section sixteen of [the chapter] 48 CHAPTERS TWENTY, TWENTY-ONE, TWENTY-TWO AND THREE HUNDRED EIGHTY-THREE 49 of the laws of two thousand nine [which amended this paragraph] is 50 contested or of a hearing at which liability in accordance with section 51 two thousand nine hundred eighty-five of the public authorities law or 52 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred 53 seventy-four of the laws of nineteen hundred fifty is contested OR A 54 HEARING AT WHICH LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED 55 ELEVEN-C OF THIS CHAPTER IS CONTESTED. Recording devices may be used 56 for the making of the record. S. 7735 8 1 S 9-a. Paragraphs a and g of subdivision 2 of section 240 of the vehi- 2 cle and traffic law, as separately amended by section 11 of chapters 20, 3 21, 22 and 383 of the laws of 2009, are amended to read as follows: 4 a. Every hearing for the adjudication of a charge of parking violation 5 or an allegation of liability in accordance with section eleven hundred 6 eleven-b of this chapter, as added by section sixteen of [the chapter] 7 CHAPTERS TWENTY, TWENTY-ONE, TWENTY-TWO AND THREE HUNDRED EIGHTY-THREE 8 of the laws of two thousand nine [which amended this paragraph] OR A 9 HEARING AT WHICH LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED 10 ELEVEN-C OF THIS CHAPTER shall be held before a hearing examiner in 11 accordance with rules and regulations promulgated by the bureau. 12 g. A record shall be made of a hearing on a plea of not guilty or of a 13 hearing at which liability in accordance with section eleven hundred 14 eleven-b of this chapter, as added by section sixteen of [the chapter] 15 CHAPTERS TWENTY, TWENTY-ONE, TWENTY-TWO AND THREE HUNDRED EIGHTY-THREE 16 of the laws of two thousand nine [which amended this paragraph] OR A 17 HEARING AT WHICH LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED 18 ELEVEN-C OF THIS CHAPTER. Recording devices may be used for the making 19 of the record. 20 S 9-b. Paragraphs a and g of subdivision 2 of section 240 of the vehi- 21 cle and traffic law, as added by chapter 715 of the laws of 1972, are 22 amended to read as follows: 23 a. Every hearing for the adjudication of a charge of parking violation 24 OR A HEARING AT WHICH LIABILITY IN ACCORDANCE WITH SECTION ELEVEN 25 HUNDRED ELEVEN-C OF THIS CHAPTER shall be held before a hearing examiner 26 in accordance with rules and regulations promulgated by the bureau. 27 g. A record shall be made of a hearing on a plea of not guilty OR A 28 HEARING AT WHICH LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED 29 ELEVEN-C OF THIS CHAPTER. Recording devices may be used for the making 30 of the record. 31 S 10. Subdivisions 1 and 2 of section 241 of the vehicle and traffic 32 law, as separately amended by section 12 of chapters 20, 21, 22 and 383 33 of the laws of 2009, are amended to read as follows: 34 1. The hearing examiner shall make a determination on the charges, 35 either sustaining or dismissing them. Where the hearing examiner deter- 36 mines that the charges have been sustained he or she may examine either 37 the prior parking violations record or the record of liabilities 38 incurred in accordance with section eleven hundred eleven-a of this 39 chapter or in accordance with section eleven hundred eleven-b of this 40 chapter as added by section sixteen of [the chapter] CHAPTERS TWENTY, 41 TWENTY-ONE, TWENTY-TWO AND THREE HUNDRED EIGHTY-THREE of the laws of two 42 thousand nine [which amended this subdivision], or the record of liabil- 43 ities incurred in accordance with section two thousand nine hundred 44 eighty-five of the public authorities law or sections sixteen-a, 45 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the 46 laws of nineteen hundred fifty of the person charged OR THE RECORD OF 47 LIABILITIES INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C 48 OF THIS CHAPTER, as applicable prior to rendering a final determination. 49 Final determinations sustaining or dismissing charges shall be entered 50 on a final determination roll maintained by the bureau together with 51 records showing payment and nonpayment of penalties. 52 2. Where an operator or owner fails to enter a plea to a charge of a 53 parking violation or contest an allegation of liability in accordance 54 with section eleven hundred eleven-a of this chapter or in accordance 55 with section eleven hundred eleven-b of this chapter as added by section 56 sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE, TWENTY-TWO AND S. 7735 9 1 THREE HUNDRED EIGHTY-THREE of the laws of two thousand nine [which 2 amended this subdivision], or fails to contest an allegation of liabil- 3 ity in accordance with section two thousand nine hundred eighty-five of 4 the public authorities law or sections sixteen-a, sixteen-b and 5 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen 6 hundred fifty OR FAILS TO CONTEST AN ALLEGATION OF LIABILITY IN ACCORD- 7 ANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER, or fails to 8 appear on a designated hearing date or subsequent adjourned date or 9 fails after a hearing to comply with the determination of a hearing 10 examiner, as prescribed by this article or by rule or regulation of the 11 bureau, such failure to plead or contest, appear or comply shall be 12 deemed, for all purposes, an admission of liability and shall be grounds 13 for rendering and entering a default judgment in an amount provided by 14 the rules and regulations of the bureau. However, after the expiration 15 of the original date prescribed for entering a plea and before a default 16 judgment may be rendered, in such case the bureau shall pursuant to the 17 applicable provisions of law notify such operator or owner, by such form 18 of first class mail as the commission may direct; (1) of the violation 19 charged, or liability in accordance with section eleven hundred eleven-a 20 of this chapter or in accordance with section eleven hundred eleven-b of 21 this chapter as added by section sixteen of [the chapter] CHAPTERS TWEN- 22 TY, TWENTY-ONE, TWENTY-TWO AND THREE HUNDRED EIGHTY-THREE of the laws of 23 two thousand nine [which amended this subdivision], alleged or liability 24 in accordance with section two thousand nine hundred eighty-five of the 25 public authorities law or sections sixteen-a, sixteen-b and sixteen-c of 26 chapter seven hundred seventy-four of the laws of nineteen hundred fifty 27 alleged OR LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C 28 OF THIS CHAPTER ALLEGED, (2) of the impending default judgment, (3) that 29 such judgment will be entered in the Civil Court of the city in which 30 the bureau has been established, or other court of civil jurisdiction or 31 any other place provided for the entry of civil judgments within the 32 state of New York, and (4) that a default may be avoided by entering a 33 plea or contesting an allegation of liability in accordance with section 34 eleven hundred eleven-a of this chapter or in accordance with section 35 eleven hundred eleven-b of this chapter as added by section sixteen of 36 [the chapter] CHAPTERS TWENTY, TWENTY-ONE, TWENTY-TWO AND THREE HUNDRED 37 EIGHTY-THREE of the laws of two thousand nine [which amended this subdi- 38 vision], or contesting an allegation of liability in accordance with 39 section two thousand nine hundred eighty-five of the public authorities 40 law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven 41 hundred seventy-four of the laws of nineteen hundred fifty OR CONTESTING 42 AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED 43 ELEVEN-C OF THIS CHAPTER, as appropriate, or making an appearance within 44 thirty days of the sending of such notice. Pleas entered and allegations 45 contested within that period shall be in the manner prescribed in the 46 notice and not subject to additional penalty or fee. Such notice of 47 impending default judgment shall not be required prior to the rendering 48 and entry thereof in the case of operators or owners who are non-resi- 49 dents of the state of New York. In no case shall a default judgment be 50 rendered or, where required, a notice of impending default judgment be 51 sent, more than two years after the expiration of the time prescribed 52 for entering a plea or contesting an allegation. When a person has 53 demanded a hearing, no fine or penalty shall be imposed for any reason, 54 prior to the holding of the hearing. If the hearing examiner shall make 55 a determination on the charges, sustaining them, he shall impose no S. 7735 10 1 greater penalty or fine than those upon which the person was originally 2 charged. 3 S 10-a. Subdivisions 1 and 2 of section 241 of the vehicle and traffic 4 law, as separately amended by section 13 of chapters 20, 21, 22 and 383 5 of the laws of 2009, are amended to read as follows: 6 1. The hearing examiner shall make a determination on the charges, 7 either sustaining or dismissing them. Where the hearing examiner deter- 8 mines that the charges have been sustained he or she may examine either 9 the prior parking violations record or the record of liabilities 10 incurred in accordance with section eleven hundred eleven-b of this 11 chapter as added by section sixteen of [the chapter] CHAPTERS TWENTY, 12 TWENTY-ONE, TWENTY-TWO AND THREE HUNDRED EIGHTY-THREE of the laws of two 13 thousand nine [which amended this subdivision] of the person charged OR 14 THE RECORD OF LIABILITIES INCURRED IN ACCORDANCE WITH SECTION ELEVEN 15 HUNDRED ELEVEN-C OF THIS CHAPTER, as applicable prior to rendering a 16 final determination. Final determinations sustaining or dismissing 17 charges shall be entered on a final determination roll maintained by the 18 bureau together with records showing payment and nonpayment of penal- 19 ties. 20 2. Where an operator or owner fails to enter a plea to a charge of a 21 parking violation or contest an allegation of liability in accordance 22 with section eleven hundred eleven-b of this chapter as added by section 23 sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE, TWENTY-TWO AND 24 THREE HUNDRED EIGHTY-THREE of the laws of two thousand nine [which 25 amended this subdivision] OR FAILS TO CONTEST AN ALLEGATION OF LIABILITY 26 IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER, or 27 fails to appear on a designated hearing date or subsequent adjourned 28 date or fails after a hearing to comply with the determination of a 29 hearing examiner, as prescribed by this article or by rule or regulation 30 of the bureau, such failure to plead, contest, appear or comply shall be 31 deemed, for all purposes, an admission of liability and shall be grounds 32 for rendering and entering a default judgment in an amount provided by 33 the rules and regulations of the bureau. However, after the expiration 34 of the original date prescribed for entering a plea and before a default 35 judgment may be rendered, in such case the bureau shall pursuant to the 36 applicable provisions of law notify such operator or owner, by such form 37 of first class mail as the commission may direct; (1) of the violation 38 charged, or liability in accordance with section eleven hundred eleven-b 39 of this chapter, as added by section sixteen of [the chapter] CHAPTERS 40 TWENTY, TWENTY-ONE, TWENTY-TWO, AND THREE HUNDRED EIGHTY-THREE of the 41 laws of two thousand nine [which amended this subdivision], alleged OR 42 LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS 43 CHAPTER ALLEGED, (2) of the impending default judgment, (3) that such 44 judgment will be entered in the Civil Court of the city in which the 45 bureau has been established, or other court of civil jurisdiction or any 46 other place provided for the entry of civil judgments within the state 47 of New York, and (4) that a default may be avoided by entering a plea or 48 contesting an allegation of liability in accordance with section eleven 49 hundred eleven-b of this chapter as added by section sixteen of [the 50 chapter] CHAPTERS TWENTY, TWENTY-ONE, TWENTY-TWO AND THREE HUNDRED 51 EIGHTY-THREE of the laws of two thousand nine [which amended this subdi- 52 vision] OR CONTESTING AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH 53 SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER, as appropriate, or 54 making an appearance within thirty days of the sending of such notice. 55 Pleas entered and allegations contested within that period shall be in 56 the manner prescribed in the notice and not subject to additional penal- S. 7735 11 1 ty or fee. Such notice of impending default judgment shall not be 2 required prior to the rendering and entry thereof in the case of opera- 3 tors or owners who are non-residents of the state of New York. In no 4 case shall a default judgment be rendered or, where required, a notice 5 of impending default judgment be sent, more than two years after the 6 expiration of the time prescribed for entering a plea or contesting an 7 allegation. When a person has demanded a hearing, no fine or penalty 8 shall be imposed for any reason, prior to the holding of the hearing. If 9 the hearing examiner shall make a determination on the charges, sustain- 10 ing them, he or she shall impose no greater penalty or fine than those 11 upon which the person was originally charged. 12 S 10-b. Subdivisions 1 and 2 of section 241 of the vehicle and traffic 13 law, subdivision 1 as added by chapter 715 of the laws of 1972, subdivi- 14 sion 2 as amended by chapter 365 of the laws of 1978, are amended to 15 read as follows: 16 1. The hearing examiner shall make a determination on the charges, 17 either sustaining or dismissing them. Where the hearing examiner deter- 18 mines that the charges have been sustained he OR SHE may examine EITHER 19 the prior parking violations record of the person charged, OR THE RECORD 20 OF LIABILITIES INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED 21 ELEVEN-C OF THIS CHAPTER, AS APPLICABLE, prior to rendering a final 22 determination. Final determinations sustaining or dismissing charges 23 shall be entered on a final determination roll maintained by the bureau 24 together with records showing payment and nonpayment of penalties. 25 2. Where an operator or owner fails to enter a plea to a charge of a 26 parking violation or, FAILS TO CONTEST AN ALLEGATION OF LIABILITY 27 INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS 28 CHAPTER, fails to appear on a designated hearing date or subsequent 29 adjourned date or fails after a hearing to comply with the determination 30 of a hearing examiner, as prescribed by this article or by rule or regu- 31 lation of the bureau, such failure to plead, appear or comply shall be 32 deemed, for all purposes, an admission of liability and shall be grounds 33 for rendering and entering a default judgment in an amount provided by 34 the rules and regulations of the bureau. However, after the expiration 35 of the original date prescribed for entering a plea and before a default 36 judgment may be rendered, in such case the bureau shall pursuant to the 37 applicable provisions of law notify such operator or owner, by such form 38 of first class mail as the commission may direct; (1) of the violation 39 charged OR LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C 40 OF THIS CHAPTER ALLEGED, (2) of the impending default judgment, (3) that 41 such judgment will be entered in the Civil Court of the city in which 42 the bureau has been established, or other court of civil jurisdiction or 43 any other place provided for the entry of civil judgments within the 44 state of New York, and (4) that a default may be avoided by entering a 45 plea, OR CONTESTING AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH 46 SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER, or making an appearance 47 within thirty days of the sending of such notice. Pleas entered within 48 that period shall be in the manner prescribed in the notice and not 49 subject to additional penalty or fee. Such notice of impending default 50 judgment shall not be required prior to the rendering and entry thereof 51 in the case of operators or owners who are non-residents of the state of 52 New 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. 7735 12 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 11. Subparagraph (i) of paragraph a of subdivision 5-a of section 5 401 of the vehicle and traffic law, as separately amended by section 1 6 of chapter 19, section 14 of chapters 20, 21, 22 and 383 and section 1 7 of chapter 23 of the laws of 2009, is amended to read as follows: 8 (i) If at the time of application for a registration or renewal there- 9 of there is a certification from a court, parking violations bureau, 10 traffic and parking violations agency or administrative tribunal of 11 appropriate jurisdiction or administrative tribunal of appropriate 12 jurisdiction that the registrant or his or her representative failed to 13 appear on the return date or any subsequent adjourned date or failed to 14 comply with the rules and regulations of an administrative tribunal 15 following entry of a final decision in response to a total of three or 16 more summonses or other process in the aggregate, issued within an eigh- 17 teen month period, charging either that (i) such motor vehicle was 18 parked, stopped or standing, or that such motor vehicle was operated for 19 hire by the registrant or his or her agent without being licensed as a 20 motor vehicle for hire by the appropriate local authority, in violation 21 of any of the provisions of this chapter or of any law, ordinance, rule 22 or regulation made by a local authority or (ii) the registrant was 23 liable in accordance with section eleven hundred eleven-a of this chap- 24 ter or section eleven hundred eleven-b of this chapter for a violation 25 of subdivision (d) of section eleven hundred eleven of this chapter OR 26 (III) THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION ELEVEN 27 HUNDRED ELEVEN-C OF THIS CHAPTER FOR A VIOLATION OF A BUS LANE 28 RESTRICTION AS DEFINED IN SUCH SECTION, the commissioner or his or her 29 agent shall deny the registration or renewal application until the 30 applicant provides proof from the court, traffic and parking violations 31 agency or administrative tribunal wherein the charges are pending that 32 an appearance or answer has been made or in the case of an administra- 33 tive tribunal that he or she has complied with the rules and regulations 34 of said tribunal following entry of a final decision. Where an applica- 35 tion is denied pursuant to this section, the commissioner may, in his or 36 her discretion, deny a registration or renewal application to any other 37 person for the same vehicle and may deny a registration or renewal 38 application for any other motor vehicle registered in the name of the 39 applicant where the commissioner has determined that such registrant's 40 intent has been to evade the purposes of this subdivision and where the 41 commissioner has reasonable grounds to believe that such registration or 42 renewal will have the effect of defeating the purposes of this subdivi- 43 sion. Such denial shall only remain in effect as long as the summonses 44 remain unanswered, or in the case of an administrative tribunal, the 45 registrant fails to comply with the rules and regulations following 46 entry of a final decision. 47 S 11-a. Paragraph a of subdivision 5-a of section 401 of the vehicle 48 and traffic law, as separately amended by section 2 of chapter 19, 49 section 15 of chapters 20, 21, 22 and 383 and section 2 of chapter 23 of 50 the laws of 2009, is amended to read as follows: 51 a. If at the time of application for a registration or renewal thereof 52 there is a certification from a court or administrative tribunal of 53 appropriate jurisdiction that the registrant or his or her represen- 54 tative failed to appear on the return date or any subsequent adjourned 55 date or failed to comply with the rules and regulations of an adminis- 56 trative tribunal following entry of a final decision in response to a S. 7735 13 1 total of three or more summonses or other process in the aggregate, 2 issued within an eighteen month period, charging either that (i) such 3 motor vehicle was parked, stopped or standing, or that such motor vehi- 4 cle was operated for hire by the registrant or his or her agent without 5 being licensed as a motor vehicle for hire by the appropriate local 6 authority, in violation of any of the provisions of this chapter or of 7 any law, ordinance, rule or regulation made by a local authority or (ii) 8 the registrant was liable in accordance with section eleven hundred 9 eleven-b of this chapter for a violation of subdivision (d) of section 10 eleven hundred eleven of this chapter OR (III) THE REGISTRANT WAS LIABLE 11 IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER FOR A 12 VIOLATION OF A BUS LANE RESTRICTION AS DEFINED IN SUCH SECTION, the 13 commissioner or his or her agent shall deny the registration or renewal 14 application until the applicant provides proof from the court or admin- 15 istrative tribunal wherein the charges are pending that an appearance or 16 answer has been made or in the case of an administrative tribunal that 17 he or she has complied with the rules and regulations of said tribunal 18 following entry of a final decision. Where an application is denied 19 pursuant to this section, the commissioner may, in his or her 20 discretion, deny a registration or renewal application to any other 21 person for the same vehicle and may deny a registration or renewal 22 application for any other motor vehicle registered in the name of the 23 applicant where the commissioner has determined that such registrant's 24 intent has been to evade the purposes of this subdivision and where the 25 commissioner has reasonable grounds to believe that such registration or 26 renewal will have the effect of defeating the purposes of this subdivi- 27 sion. Such denial shall only remain in effect as long as the summonses 28 remain unanswered, or in the case of an administrative tribunal, the 29 registrant fails to comply with the rules and regulations following 30 entry of a final decision. 31 S 11-b. Paragraph a of subdivision 5-a of section 401 of the vehicle 32 and traffic law, as separately amended by chapters 339 and 592 of the 33 laws of 1987, is amended to read as follows: 34 a. If at the time of application for a registration or renewal thereof 35 there is a certification from a court or administrative tribunal of 36 appropriate jurisdiction that the registrant or his OR HER represen- 37 tative failed to appear on the return date or any subsequent adjourned 38 date or failed to comply with the rules and regulations of an adminis- 39 trative tribunal following entry of a final decision in response to 40 three or more summonses or other process, issued within an eighteen 41 month period, charging that: (A) such motor vehicle was parked, stopped 42 or standing, or that such motor vehicle was operated for hire by the 43 registrant or his OR HER agent without being licensed as a motor vehicle 44 for hire by the appropriate local authority, in violation of any of the 45 provisions of this chapter or of any law, ordinance, rule or regulation 46 made by a local authority, OR (B) THE REGISTRANT WAS LIABLE IN ACCORD- 47 ANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER FOR A 48 VIOLATION OF A BUS LANE RESTRICTION AS DEFINED IN SUCH SECTION, the 49 commissioner or his OR HER agent shall deny the registration or renewal 50 application until the applicant provides proof from the court or admin- 51 istrative tribunal wherein the charges are pending that an appearance or 52 answer has been made or in the case of an administrative tribunal that 53 he has complied with the rules and regulations of said tribunal follow- 54 ing entry of a final decision. Where an application is denied pursuant 55 to this section, the commissioner may, in his OR HER discretion, deny a 56 registration or renewal application to any other person for the same S. 7735 14 1 vehicle and may deny a registration or renewal application for any other 2 motor vehicle registered in the name of the applicant where the commis- 3 sioner has determined that such registrant's intent has been to evade 4 the purposes of this subdivision and where the commissioner has reason- 5 able grounds to believe that such registration or renewal will have the 6 effect of defeating the purposes of this subdivision. Such denial shall 7 only remain in effect as long as the summonses remain unanswered, or in 8 the case of an administrative tribunal, the registrant fails to comply 9 with the rules and regulations following entry of a final decision. 10 S 12. The vehicle and traffic law is amended by adding a new section 11 1111-c to read as follows: 12 S 1111-C. OWNER LIABILITY FOR FAILURE OF OPERATOR TO COMPLY WITH BUS 13 LANE RESTRICTION. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EACH 14 CITY WITH A POPULATION OF ONE MILLION OR MORE IS HEREBY AUTHORIZED AND 15 EMPOWERED TO ESTABLISH A BUS LANE DEMONSTRATION PROGRAM IMPOSING MONE- 16 TARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR 17 THEREOF TO COMPLY WITH ANY BUS LANE RESTRICTION IN SUCH A CITY IN 18 ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. THE DEPARTMENT OF TRANS- 19 PORTATION OF SUCH A CITY OR THE APPLICABLE MASS TRANSIT AGENCY, FOR 20 PURPOSES OF THE IMPLEMENTATION OF A BUS LANE DEMONSTRATION PROGRAM, MAY 21 OPERATE BUS LANE PHOTO DEVICES ONLY TO ENFORCE BUS LANE RESTRICTIONS 22 IMPOSED ON ROUTES WITHIN SUCH A PROGRAM IN SUCH A CITY. SUCH BUS LANE 23 PHOTO DEVICES MAY BE STATIONARY OR MOBILE AND SHALL BE ACTIVATED AT 24 LOCATIONS DETERMINED BY SUCH DEPARTMENT OF TRANSPORTATION AND/OR ON 25 BUSES SELECTED BY SUCH DEPARTMENT OF TRANSPORTATION IN CONSULTATION WITH 26 THE APPLICABLE MASS TRANSIT AGENCY. ANY MOBILE BUS LANE PHOTO DEVICE 27 MOUNTED ON A BUS SHALL BE DIRECTED OUTWARDLY FROM SUCH BUS TO CAPTURE 28 IMAGES OF VEHICLES OPERATED IN VIOLATION OF BUS LANE RESTRICTIONS, AND 29 IMAGES PRODUCED BY SUCH DEVICE SHALL NOT BE USED FOR ANY OTHER PURPOSE 30 IN THE ABSENCE OF A COURT ORDER REQUIRING SUCH IMAGES TO BE PRODUCED. 31 ANY IMAGE OR IMAGES CAPTURED BY STATIONARY BUS LANE PHOTO DEVICES SHALL 32 BE INADMISSIBLE IN ANY DISCIPLINARY PROCEEDING CONVENED BY THE APPLICA- 33 BLE MASS TRANSIT AGENCY OR ANY SUBSIDIARY THEREOF AND ANY PROCEEDING 34 INITIATED BY THE DEPARTMENT OF MOTOR VEHICLES INVOLVING LICENSURE PRIVI- 35 LEGES OF BUS OPERATORS. A CITY AUTHORIZED TO INSTALL BUS LANE PHOTO 36 DEVICES PURSUANT TO THE PROVISIONS OF THIS SECTION SHALL ADOPT AND 37 ENFORCE MEASURES TO PROTECT THE PRIVACY OF DRIVERS, PASSENGERS, PEDES- 38 TRIANS AND CYCLISTS WHOSE IDENTITY AND IDENTIFYING INFORMATION MAY BE 39 CAPTURED BY SUCH BUS LANE PHOTO DEVICES. SUCH MEASURES SHALL INCLUDE: 40 1. UTILIZATION OF NECESSARY TECHNOLOGIES TO ENSURE, TO THE EXTENT 41 PRACTICABLE, THAT PHOTOGRAPHS PRODUCED BY BUS LANE PHOTO DEVICES SHALL 42 NOT INCLUDE IMAGES THAT IDENTIFY THE DRIVER, THE PASSENGERS, OR THE 43 CONTENTS OF THE VEHICLE, PROVIDED, HOWEVER, THAT NO NOTICE OF LIABILITY 44 ISSUED PURSUANT TO THIS SECTION SHALL BE DISMISSED SOLELY BECAUSE A 45 PHOTOGRAPH OR PHOTOGRAPHS ALLOW FOR THE IDENTIFICATION OF THE DRIVER, 46 THE PASSENGERS OR OTHER CONTENTS OF A VEHICLE; 47 2. A PROHIBITION ON THE USE OR DISSEMINATION OF VEHICLES' LICENSE 48 PLATE INFORMATION AND OTHER INFORMATION AND IMAGES CAPTURED BY BUS LANE 49 PHOTO DEVICES EXCEPT AS REQUIRED TO ESTABLISH LIABILITY UNDER THIS 50 SECTION OR COLLECT PAYMENT OF PENALTIES; OR TO RESPOND TO REQUESTS BY 51 LAW ENFORCEMENT OFFICIALS PERTAINING TO A SPECIFIC ACCIDENT OR SPECIFIC 52 INCIDENT OF ALLEGED CRIMINAL CONDUCT; OR EXCEPT AS OTHERWISE REQUIRED BY 53 LAW; 54 3. THE INSTALLATION OF SIGNAGE WITHIN RESTRICTED BUS LANES STATING 55 THAT BUS LANE PHOTO DEVICES ARE USED TO ENFORCE RESTRICTIONS ON VEHICU- 56 LAR TRAFFIC IN BUS LANES; AND S. 7735 15 1 4. OVERSIGHT PROCEDURES TO ENSURE COMPLIANCE WITH THE AFOREMENTIONED 2 PRIVACY-PROTECTION MEASURES. 3 WITHIN THE CITY WITH A POPULATION OF ONE MILLION OR MORE, SUCH BUS 4 LANE PHOTO DEVICES SHALL BE OPERATED ON NO MORE THAN FIFTY MILES OF BUS 5 LANES WITHIN SUCH CITY. 6 (B) IN ANY CITY THAT HAS ESTABLISHED A BUS LANE DEMONSTRATION PROGRAM 7 PURSUANT TO SUBDIVISION (A) OF THIS SECTION, THE OWNER OF A VEHICLE 8 SHALL BE LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION IF SUCH 9 VEHICLE IS USED OR OPERATED WITH THE PERMISSION OF THE OWNER, EXPRESS OR 10 IMPLIED, IN VIOLATION OF ANY BUS LANE RESTRICTION IMPOSED ON A ROUTE 11 WITHIN SUCH BUS LANE DEMONSTRATION PROGRAM, AND SUCH VIOLATION IS 12 EVIDENCED BY INFORMATION OBTAINED FROM A BUS LANE PHOTO DEVICE; PROVIDED 13 HOWEVER THAT NO OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED 14 PURSUANT TO THIS SECTION WHERE THE OPERATOR OF SUCH VEHICLE HAS BEEN 15 CONVICTED OF THE UNDERLYING VIOLATION OF SUCH BUS LANE RESTRICTION. 16 (C) FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL MEAN: 17 1. "OWNER" SHALL HAVE THE MEANING PROVIDED IN ARTICLE TWO-B OF THIS 18 CHAPTER. 19 2. "BUS LANE PHOTO DEVICE" SHALL MEAN A DEVICE THAT IS CAPABLE OF 20 OPERATING INDEPENDENTLY OF AN ENFORCEMENT OFFICER AND PRODUCES ONE OR 21 MORE IMAGES OF EACH VEHICLE AT THE TIME IT IS IN VIOLATION OF A BUS LANE 22 RESTRICTION. 23 3. "BUS LANE RESTRICTION" SHALL MEAN A RESTRICTION ON THE USE OF 24 DESIGNATED TRAFFIC LANES BY VEHICLES OTHER THAN BUSES IMPOSED BY RULE OR 25 SIGNS ERECTED BY THE DEPARTMENT OF TRANSPORTATION OF A CITY THAT ESTAB- 26 LISHES A BUS LANE DEMONSTRATION PROGRAM PURSUANT TO THIS SECTION. 27 4. "BUS LANE DEMONSTRATION PROGRAM" SHALL MEAN A PROGRAM THAT OPERATES 28 ON ROUTES RECEIVING ENHANCED MARKINGS AND/OR SIGNAGE DESIGNATED BY THE 29 DEPARTMENT OF TRANSPORTATION OF A CITY THAT ESTABLISHES SUCH A DEMON- 30 STRATION PROGRAM PURSUANT TO THIS SECTION. 31 (D) A CERTIFICATE, OR A FACSIMILE THEREOF, SWORN TO OR AFFIRMED BY A 32 TECHNICIAN EMPLOYED BY THE CITY IN WHICH THE CHARGED VIOLATION OCCURRED 33 OR BY ITS VENDOR OR CONTRACTOR OR BY THE APPLICABLE MASS TRANSIT AGENCY, 34 BASED UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR 35 OTHER RECORDED IMAGES PRODUCED BY A BUS LANE PHOTO DEVICE, SHALL BE 36 PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN. ANY PHOTOGRAPHS, 37 MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES EVIDENCING SUCH A 38 VIOLATION SHALL BE AVAILABLE FOR INSPECTION IN ANY PROCEEDING TO ADJUDI- 39 CATE THE LIABILITY FOR SUCH VIOLATION PURSUANT TO THIS SECTION. 40 (E) AN OWNER LIABLE FOR A VIOLATION OF A BUS LANE RESTRICTION IMPOSED 41 ON ANY ROUTE WITHIN A BUS LANE DEMONSTRATION PROGRAM SHALL BE LIABLE FOR 42 MONETARY PENALTIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND PENALTIES 43 PROMULGATED BY THE PARKING VIOLATIONS BUREAU OF SUCH CITY; PROVIDED, 44 HOWEVER, THAT THE MONETARY PENALTY FOR VIOLATING A BUS LANE RESTRICTION 45 SHALL NOT EXCEED ONE HUNDRED FIFTEEN DOLLARS; PROVIDED, FURTHER, THAT AN 46 OWNER SHALL BE LIABLE FOR AN ADDITIONAL PENALTY NOT TO EXCEED 47 TWENTY-FIVE DOLLARS FOR EACH VIOLATION FOR THE FAILURE TO RESPOND TO A 48 NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME PERIOD. 49 (F) AN IMPOSITION OF LIABILITY PURSUANT TO THIS SECTION SHALL NOT BE 50 DEEMED A CONVICTION OF AN OPERATOR AND SHALL NOT BE MADE PART OF THE 51 OPERATING RECORD OF THE PERSON UPON WHOM SUCH LIABILITY IS IMPOSED, NOR 52 SHALL IT BE USED FOR INSURANCE PURPOSES IN THE PROVISION OF MOTOR VEHI- 53 CLE INSURANCE COVERAGE. 54 (G) 1. A NOTICE OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL TO EACH 55 PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF A BUS LANE 56 RESTRICTION. PERSONAL DELIVERY TO THE OWNER SHALL NOT BE REQUIRED. A S. 7735 16 1 MANUAL OR AUTOMATIC RECORD OF MAILING PREPARED IN THE ORDINARY COURSE OF 2 BUSINESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN. 3 2. A NOTICE OF LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE 4 PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF A BUS LANE 5 RESTRICTION, THE REGISTRATION NUMBER OF THE VEHICLE INVOLVED IN SUCH 6 VIOLATION, THE LOCATION WHERE SUCH VIOLATION TOOK PLACE, THE DATE AND 7 TIME OF SUCH VIOLATION AND THE IDENTIFICATION NUMBER OF THE BUS LANE 8 PHOTO DEVICE WHICH RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR 9 NUMBER. 10 3. THE NOTICE OF LIABILITY SHALL CONTAIN INFORMATION ADVISING THE 11 PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE OR SHE MAY CONTEST 12 THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO 13 CONTAIN A WARNING TO ADVISE THE PERSONS CHARGED THAT FAILURE TO CONTEST 14 IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF LIABIL- 15 ITY AND THAT A DEFAULT JUDGEMENT MAY BE ENTERED THEREON. 16 4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE AGENCY 17 OR AGENCIES DESIGNATED BY SUCH CITY. 18 (H) IF AN OWNER OF A VEHICLE RECEIVES A NOTICE OF LIABILITY PURSUANT 19 TO THIS SECTION FOR ANY TIME PERIOD DURING WHICH SUCH VEHICLE WAS 20 REPORTED TO THE POLICE DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE A 21 VALID DEFENSE TO AN ALLEGATION OF LIABILITY FOR A VIOLATION OF A BUS 22 LANE RESTRICTION THAT THE VEHICLE HAD BEEN REPORTED TO THE POLICE AS 23 STOLEN PRIOR TO THE TIME THE VIOLATION OCCURRED AND HAD NOT BEEN RECOV- 24 ERED BY SUCH TIME. FOR PURPOSES OF ASSERTING THE DEFENSE PROVIDED BY 25 THIS SUBDIVISION IT SHALL BE SUFFICIENT THAT AN ORIGINAL INCIDENT FORM 26 ISSUED BY THE POLICE ON THE STOLEN VEHICLE BE SENT BY FIRST CLASS MAIL 27 TO THE PARKING VIOLATIONS BUREAU OF SUCH CITY. 28 (I) 1. AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF 29 LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION (G) OF THIS SECTION SHALL 30 NOT BE LIABLE FOR THE VIOLATION OF A BUS LANE RESTRICTION, PROVIDED 31 THAT: 32 (I) PRIOR TO THE VIOLATION, THE LESSOR HAS FILED WITH SUCH PARKING 33 VIOLATIONS BUREAU IN ACCORDANCE WITH THE PROVISIONS OF SECTION TWO 34 HUNDRED THIRTY-NINE OF THIS CHAPTER; AND 35 (II) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM SUCH BUREAU 36 OF THE DATE AND TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFORMATION 37 CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY, THE LESSOR SUBMITS TO 38 SUCH BUREAU THE CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE 39 IDENTIFIED IN THE NOTICE OF LIABILITY AT THE TIME OF SUCH VIOLATION, 40 TOGETHER WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL, 41 LEASE OR OTHER CONTRACT DOCUMENT, AS MAY BE REASONABLY REQUIRED BY SUCH 42 BUREAU PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE. 43 2. FAILURE TO COMPLY WITH SUBPARAGRAPH (II) OF PARAGRAPH ONE OF THIS 44 SUBDIVISION SHALL RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED IN 45 THIS SECTION. 46 3. WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF PARAGRAPH ONE OF 47 THIS SUBDIVISION, THE LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH 48 VIOLATION SHALL BE DEEMED TO BE THE OWNER OF SUCH VEHICLE FOR PURPOSES 49 OF THIS SECTION, SHALL BE SUBJECT TO LIABILITY FOR SUCH VIOLATION PURSU- 50 ANT TO THIS SECTION AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO 51 SUBDIVISION (G) OF THIS SECTION. 52 (J) IF THE OWNER LIABLE FOR A VIOLATION OF A BUS LANE RESTRICTION WAS 53 NOT THE OPERATOR OF THE VEHICLE AT THE TIME OF THE VIOLATION, THE OWNER 54 MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR. 55 (K) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY 56 OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF BUS LANE RESTRICTIONS. S. 7735 17 1 (L) ANY CITY THAT ADOPTS A BUS LANE DEMONSTRATION PROGRAM PURSUANT TO 2 SUBDIVISION (A) OF THIS SECTION SHALL SUBMIT A REPORT ON THE RESULTS OF 3 THE USE OF BUS LANE PHOTO DEVICES TO THE GOVERNOR, THE TEMPORARY PRESI- 4 DENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY BY APRIL FIRST, TWO 5 THOUSAND FOURTEEN. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO: 6 1. A DESCRIPTION OF THE LOCATIONS AND/OR BUSES WHERE BUS LANE PHOTO 7 DEVICES WERE USED; 8 2. THE TOTAL NUMBER OF VIOLATIONS RECORDED ON A MONTHLY AND ANNUAL 9 BASIS; 10 3. THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED; 11 4. THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID AFTER FIRST 12 NOTICE OF LIABILITY; 13 5. THE NUMBER OF VIOLATIONS ADJUDICATED AND RESULTS OF SUCH ADJUDI- 14 CATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE; 15 6. THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH CITY; AND 16 7. THE QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS. 17 S 13. The opening paragraph and paragraph (c) of subdivision 1 of 18 section 1809 of the vehicle and traffic law, as separately amended by 19 section 4 of chapter 19, section 17 of chapters 20, 21, 22 and 383 and 20 section 4 of chapter 23 of the laws of 2009, are amended to read as 21 follows: 22 Whenever proceedings in an administrative tribunal or a court of this 23 state result in a conviction for an offense under this chapter or a 24 traffic infraction under this chapter, or a local law, ordinance, rule 25 or regulation adopted pursuant to this chapter, other than a traffic 26 infraction involving standing, stopping, or parking or violations by 27 pedestrians or bicyclists, or other than an adjudication of liability of 28 an owner for a violation of subdivision (d) of section eleven hundred 29 eleven of this chapter in accordance with section eleven hundred 30 eleven-a of this chapter, or other than an adjudication of liability of 31 an owner for a violation of subdivision (d) of section eleven hundred 32 eleven of this chapter in accordance with section eleven hundred 33 eleven-b of this chapter OR OTHER THAN AN ADJUDICATION IN ACCORDANCE 34 WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER OF A VIOLATION OF A 35 BUS LANE RESTRICTION AS DEFINED IN SUCH SECTION, there shall be levied a 36 crime victim assistance fee and a mandatory surcharge, in addition to 37 any sentence required or permitted by law, in accordance with the 38 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 infraction pursuant 52 to article nine of this chapter or other than an adjudication of liabil- 53 ity of an owner for a violation of toll collection regulations pursuant 54 to section two thousand nine hundred eighty-five of the public authori- 55 ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven 56 hundred seventy-four of the laws of nineteen hundred fifty OR OTHER THAN S. 7735 18 1 AN ADJUDICATION IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF 2 THIS CHAPTER OF A VIOLATION OF A BUS LANE RESTRICTION AS DEFINED IN SUCH 3 SECTION, there shall be levied a crime victim assistance fee in the 4 amount of five dollars and a mandatory surcharge, in addition to any 5 sentence required or permitted by law, in the amount of fifty-five 6 dollars. 7 S 13-a. The opening paragraph of subdivision 1 of section 1809 of the 8 vehicle and traffic law, as separately amended by section 5 of chapter 9 19, section 18 of chapters 20, 21, 22 and 383 and section 5 of chapter 10 23 of the laws of 2009, is amended to read as follows: 11 Whenever proceedings in an administrative tribunal or a court of this 12 state result in a conviction for a crime under this chapter or a traffic 13 infraction under this chapter, or a local law, ordinance, rule or regu- 14 lation adopted pursuant to this chapter, other than a traffic infraction 15 involving standing, stopping, parking or motor vehicle equipment or 16 violations by pedestrians or bicyclists, or other than an adjudication 17 of liability of an owner for a violation of subdivision (d) of section 18 eleven hundred eleven of this chapter in accordance with section eleven 19 hundred eleven-a of this chapter, or other than an adjudication of 20 liability of an owner for a violation of subdivision (d) of section 21 eleven hundred eleven of this chapter in accordance with section eleven 22 hundred eleven-b of this chapter OR OTHER THAN AN ADJUDICATION IN 23 ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER OF A 24 VIOLATION OF A BUS LANE RESTRICTION AS DEFINED IN SUCH SECTION, there 25 shall be levied a mandatory surcharge, in addition to any sentence 26 required or permitted by law, in the amount of twenty-five dollars. 27 S 13-b. Subdivision 1 of section 1809 of the vehicle and traffic law, 28 as separately amended by chapter 16 of the laws of 1983 and chapter 62 29 of the laws of 1989, is amended to read as follows: 30 1. Whenever proceedings in an administrative tribunal or a court of 31 this state result in a conviction for a crime under this chapter or a 32 traffic infraction under this chapter other than a traffic infraction 33 involving standing, stopping, parking or motor vehicle equipment or 34 violations by pedestrians or bicyclists, OR OTHER THAN AN ADJUDICATION 35 IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER OF A 36 VIOLATION OF A BUS LANE RESTRICTION AS DEFINED IN SUCH SECTION, there 37 shall be levied a mandatory surcharge, in addition to any sentence 38 required or permitted by law, in the amount of seventeen dollars. 39 S 14. Subdivision 2 of section 87 of the public officers law is 40 amended by adding a new paragraph (l) to read as follows: 41 (L) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED 42 IMAGES PRODUCED BY A BUS LANE PHOTO DEVICE PREPARED UNDER THE AUTHORITY 43 OF SECTION ELEVEN HUNDRED ELEVEN-C OF THE VEHICLE AND TRAFFIC LAW. 44 S 15. This act shall take effect on the thirtieth day after it shall 45 have become a law and shall expire 7 years after such effective date 46 when upon such date the provisions of this act shall be deemed repealed; 47 and provided that any rules and regulations necessary for the implemen- 48 tation of this act on its effective date shall be promulgated on or 49 before such date; 50 (a) provided, however, that the amendments to subdivision 1 of section 51 235 of the vehicle and traffic law made by section one of this act shall 52 not affect the expiration of such section and shall be deemed to expire 53 therewith, when upon such date the provisions of section one-a of this 54 act shall take effect, provided, further, however, that the amendments 55 to section 235 of the vehicle and traffic law made by section one-a of 56 this act shall not affect the expiration of such section and shall be S. 7735 19 1 deemed to expire therewith, when upon such date the provisions of 2 section one-b of this act shall take effect; provided, further, however, 3 that the amendments to section 235 of the vehicle and traffic law made 4 by section one-b of this act shall not affect the expiration of such 5 section and shall be deemed to expire therewith, when upon such date the 6 provisions of section one-c of this act shall take effect; 7 (b) provided, further, that the amendments to subdivision 1 of section 8 236 of the vehicle and traffic law made by section two of this act shall 9 not affect the expiration of such subdivision and shall be deemed to 10 expire therewith, when upon such date the provisions of section two-a of 11 this act shall take effect; provided, further, that the amendments to 12 subdivision 1 of section 236 of the vehicle and traffic law made by 13 section two-a of this act shall not affect the expiration of such subdi- 14 vision and shall be deemed to expire therewith, when upon such date the 15 provisions of section two-b of this act shall take effect; 16 (c) provided, further, that the amendments to paragraph f of subdivi- 17 sion 1 of section 239 of the vehicle and traffic law made by section 18 five of this act shall not affect the expiration of such paragraph and 19 shall be deemed to expire therewith, when upon such date the provisions 20 of section five-a of this act shall take effect; provided, further, that 21 the amendments to paragraph f of subdivision 1 of section 239 of the 22 vehicle and traffic law made by section five-a 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 five-b of this 25 act shall take effect; 26 (d) provided, further, that the amendments to subdivision 4 of section 27 239 of the vehicle and traffic law made by section six of this act shall 28 not affect the repeal of such subdivision and shall be deemed repealed 29 therewith, when upon such date the provisions of section six-a of this 30 act shall take effect; 31 (e) provided, further, that the amendments to subdivision 1 of section 32 240 of the vehicle and traffic law made by section seven of this act 33 shall not affect the expiration of such subdivision and shall be deemed 34 to expire therewith, when upon such date the provisions of section 35 seven-a of this act shall take effect; provided, further, that the 36 amendments to subdivision 1 of section 240 of the vehicle and traffic 37 law made by section seven-a of this act shall not affect the expiration 38 of such subdivision and shall be deemed to expire therewith, when upon 39 such date the provisions of section seven-b of this act shall take 40 effect; 41 (f) provided, further, that the amendments to subdivision 1-a of 42 section 240 of the vehicle and traffic law made by section eight of this 43 act shall not affect the expiration of such subdivision and shall be 44 deemed to expire therewith, when upon such date the provisions of 45 section eight-a of this act shall take effect; provided, further, that 46 the amendments to subdivision 1-a of section 240 of the vehicle and 47 traffic law made by section eight-a of this act shall not affect the 48 expiration of such subdivision and shall be deemed to expire therewith, 49 when upon such date the provisions of section eight-b of this act shall 50 take effect; 51 (g) provided, further, that the amendments to paragraphs a and g of 52 subdivision 2 of section 240 of the vehicle and traffic law made by 53 section nine of this act shall not affect the expiration of such para- 54 graphs and shall be deemed to expire therewith, when upon such date the 55 provision of section nine-a of this act shall take effect; provided, 56 further, that the amendments to paragraphs a and g of subdivision 2 of S. 7735 20 1 section 240 of the vehicle and traffic law made by section nine-a of 2 this act shall not affect the expiration of such subdivision and shall 3 be deemed to expire therewith, when upon such date the provisions of 4 section nine-b of this act shall take effect; 5 (h) provided, further, that the amendments to subdivisions 1 and 2 of 6 section 241 of the vehicle and traffic law made by section ten of this 7 act shall not affect the expiration of such subdivisions and shall be 8 deemed to expire therewith, when upon such date the provisions of 9 section ten-a of this act shall take effect; provided, further, that the 10 amendments to subdivisions 1 and 2 of section 241 of the vehicle and 11 traffic law made by section ten-a of this act shall not affect the expi- 12 ration of such subdivisions and shall be deemed to expire therewith, 13 when upon such date the provisions of section ten-b of this act shall 14 take effect; 15 (i) provided, further, that the amendments to subparagraph (i) of 16 paragraph a of subdivision 5-a of section 401 of the vehicle and traffic 17 law made by section eleven of this act shall not affect the expiration 18 of such paragraph and shall be deemed to expire therewith, when upon 19 such date the provisions of section eleven-a of this act shall take 20 effect; provided, further, that the amendments to paragraph a of subdi- 21 vision 5-a of section 401 of the vehicle and traffic law made by section 22 eleven-a of this act shall not affect the expiration of such paragraph 23 and shall be deemed to expire therewith, when upon such date the 24 provisions of section eleven-b of this act shall take effect; 25 (j) provided, further, that the amendments to subdivision 1 of section 26 1809 of the vehicle and traffic law made by section thirteen of this act 27 shall not affect the expiration of such subdivision pursuant to section 28 406 of chapter 166 of the laws of 1991, as amended, and shall be deemed 29 to expire therewith, when upon such date the provisions of section thir- 30 teen-a of this act shall take effect; and 31 (k) provided, further, that the amendments to subdivision 1 of section 32 1809 of the vehicle and traffic law made by section thirteen-a of this 33 act shall not affect the expiration of such subdivision pursuant to 34 chapter 746 of the laws of 1988, as amended, and shall be deemed to 35 expire therewith, when upon such date the provisions of section thir- 36 teen-b of this act shall take effect.