STATE OF NEW YORK ________________________________________________________________________ 8137 IN SENATE March 27, 2020 ___________ Introduced by Sen. BIAGGI -- 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 general municipal law, in relation to certain traffic infractions and repealing certain provisions of such laws relating thereto; and to amend the vehicle and traffic law, in relation to adjudications and owner liability for a violation of traffic-control signal indications in the village of Pelham Manor; and providing for the repeal of certain provisions upon expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 235 of the vehicle and traffic law is REPEALED and 2 a new section 235 is added to read as follows: 3 § 235. Jurisdiction. 1. Notwithstanding any inconsistent provision of 4 any general, special or local law or administrative code to the contra- 5 ry, in any city which heretofore or hereafter is authorized to establish 6 an administrative tribunal to hear and determine complaints of traffic 7 infractions constituting parking, standing or stopping violations, or 8 authorized to adjudicate the liability of owners for violations of 9 subdivision (d) of section eleven hundred eleven of this chapter in 10 accordance with a local law or ordinance imposing monetary liability on 11 the owner of a vehicle for failure of an operator thereof to comply with 12 traffic-control indications through the installation of traffic-control 13 signal photo violation-monitoring devices pursuant to article twenty- 14 four of this chapter, or authorized to adjudicate the liability of 15 owners for violations of section eleven hundred eighty of this chapter 16 in accordance with local laws imposing liability on owners for failure 17 of an operator to comply with certain posted maximum speed limits 18 through the installation of photo speed violation monitoring systems 19 pursuant to article thirty of this chapter, or authorized to adjudicate 20 liability of owners for violations of bus lane restrictions in accord- 21 ance with local laws imposing liability on owners for failure of opera- 22 tors to comply with such restrictions through the use of photo devices 23 pursuant to article twenty-four of this chapter, or authorized to adju- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16039-01-0S. 8137 2 1 dicate the liability of owners for violations of toll collection regu- 2 lations by an operator 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 authorized to adjudicate the liability of owners for failure 7 of operator to stop for a school bus displaying a red visual signal and 8 stop-arm when meeting a school bus marked and equipped as provided in 9 subdivisions twenty and twenty-one-c of section three hundred seventy- 10 five of this chapter in accordance with provisions of law specifically 11 authorizing the imposition of monetary liability on the owner of a vehi- 12 cle through the installation of school bus photo monitoring systems 13 pursuant to article twenty-nine of this chapter, such tribunal and the 14 rules and regulations pertaining thereto shall be constituted in 15 substantial conformance with the following sections. 16 2. Notwithstanding any inconsistent provision of any general, special 17 or local law or administrative code to the contrary, any city with a 18 population in excess of one hundred thousand persons according to the 19 nineteen hundred eighty United States census hereinafter referred to as 20 a city shall provide notice of parking violations and of the imposition 21 of additional penalties whenever the person who is liable therefor fails 22 to respond to the parking ticket in the manner designated thereon. Such 23 notice shall be in substantial conformance with the following 24 provisions: 25 a. Notice. (1) Whenever a city issues a notice of violation for a 26 parking violation, it shall be served in the manner prescribed by subdi- 27 vision two of section two hundred thirty-eight of this article. 28 (2) Whenever a person has been issued a notice of violation for a 29 parking violation and has not responded in the manner described in the 30 notice, a city shall give the owner a second notice of the violation by 31 regular first class mail: (i) within forty days of issuance of the first 32 notice of violation for a parking violation where the vehicle is a vehi- 33 cle registered in this state; or (ii) within forty days of the receipt 34 by such city of the name and address of the owner of the vehicle where 35 the vehicle is a vehicle registered in any other state. Such second 36 notice shall include, but not be limited to, the following information: 37 (A) that the owner has a period of twenty days from issuance of the 38 second notice in which to respond to the notice of violation for a park- 39 ing violation; 40 (B) that failure to respond to the notice of violation for a parking 41 violation may result in the suspension and non-renewal of the owner's 42 registration; 43 (C) that failure to respond to the notice of violation for a parking 44 violation may subject the owner to additional penalties as provided in 45 paragraph b of this subdivision; 46 (D) that failure to respond to the notice of violation for a parking 47 violation shall subject the owner to a default judgment as provided in 48 paragraph c of this subdivision and the additional penalties imposed 49 upon parking violations pursuant to paragraph b of this subdivision; and 50 (E) that submission of a plea of guilty to the parking violation makes 51 the owner liable for payment of the stated fine and additional penalties 52 imposed pursuant to paragraph b of this subdivision and the mandatory 53 surcharge of fifteen dollars imposed upon parking violations pursuant to 54 section eighteen hundred nine-a of this chapter. 55 b. Additional penalties. (1) For the purposes of this paragraph, each 56 locality shall determine an initial response date of not less than eightS. 8137 3 1 days nor more than thirty days, after which time a penalty may be 2 imposed. The liability for such initial penalty shall commence on the 3 date following the initial response date. 4 (2) Failure to respond to a notice of violation for a parking 5 violation by the initial response date may result in the liability for a 6 penalty in an amount of the fine indicated on the notice of violation 7 for a parking violation; where a city has given a second notice pursuant 8 to paragraph a of this subdivision, the following schedule of additional 9 penalties may apply: 10 (A) failure to respond to a notice of violation for a parking 11 violation by the initial response date may result in the liability for 12 an additional penalty not to exceed ten dollars or, if the first penalty 13 assessed by a city does not exceed five dollars, such city may assess an 14 additional penalty within thirty-one to seventy-five days not to exceed 15 ten dollars; and 16 (B) where a city has given a second notice pursuant to paragraph a of 17 this subdivision failure to respond to a notice of violation for a park- 18 ing violation within seventy-five days may result in the liability, 19 commencing on the seventy-sixth day, for an additional penalty not to 20 exceed twenty dollars. 21 (3) Where the additional penalty schedule set forth in subparagraph 22 two of this paragraph, as interpreted in 9 New York Code of Rules and 23 Regulations Part 6180, has not been implemented by a city and is not in 24 effect in such city on or before January first, nineteen hundred nine- 25 ty-three, the provisions of this paragraph shall not apply. For the 26 purposes of this subdivision, the provisions of this paragraph shall not 27 be considered to have been implemented and in effect unless the penalty 28 schedule contained herein shall have been applied to parking violations 29 issued in such city on or before January first, nineteen hundred nine- 30 ty-three. 31 b-1. Alternate additional penalty schedule. In any city in which the 32 schedule of penalties contained in subparagraph two of paragraph b of 33 this subdivision, as interpreted in 9 New York Code of Rules and Regu- 34 lations Part 6180, has not been implemented and was not in effect on or 35 before January first, nineteen hundred ninety-three, the provisions of 36 this paragraph shall only apply upon enactment of a local law containing 37 the penalty schedule provided in this paragraph prior to July 28, 1991. 38 Following the enactment of such a local law, such city may elect to 39 impose the additional penalties set forth in subparagraphs one and two 40 of this paragraph for failure to respond to a notice of violation for a 41 parking violation in accordance with this paragraph. In the event that 42 no such local law was enacted prior to July 28, 1991, the alternate 43 additional penalty schedule set forth in paragraph b-2 of this subdivi- 44 sion shall apply. 45 (1) Failure to respond to a notice of violation for a parking 46 violation within thirty days shall result in liability, commencing on 47 the thirty-first day, for an additional penalty in an amount not to 48 exceed ten dollars, indicated on the notice of violation for a parking 49 violation: where a city has given a second notice pursuant to paragraph 50 a of this subdivision failure to respond to a notice of violation for a 51 parking violation within forty-five days may result in liability, 52 commencing on the forty-sixth day, for the penalty prescribed above for 53 failure to respond within thirty days and an additional penalty not to 54 exceed twenty dollars; and where a city has given a second notice pursu- 55 ant to paragraph a of this subdivision failure to respond to a notice of 56 violation for a parking violation within seventy-five days may result inS. 8137 4 1 liability, commencing on the seventy-sixth day, for the penalties 2 prescribed above for failure to respond within thirty days and for fail- 3 ure to respond within forty-five days and an additional penalty not to 4 exceed thirty dollars. 5 (2) Notwithstanding the foregoing schedule of alternative additional 6 penalties, if an owner makes a plea or appears within twenty days after 7 issuance of a second notice of violation in accordance with paragraph a 8 of this subdivision, or prior to such mailing, such additional penalty 9 shall not exceed ten dollars. 10 b-2. Alternate additional penalty schedule. In any city in which the 11 schedule of penalties contained in paragraph b of this subdivision, as 12 interpreted in 9 New York Code of Rules and Regulations Part 6180, has 13 not been implemented and was not in effect on or before January first, 14 nineteen hundred ninety-three and which has not enacted a local law 15 pursuant to paragraph b-1 of this subdivision prior to July 28, 1991, 16 the following alternate additional penalty schedule shall apply: 17 (1) Failure to respond to a notice of violation for a parking 18 violation within eight days may result in the liability, commencing on 19 the ninth day, for an additional penalty in an amount not to exceed five 20 dollars; 21 (2) Failure to respond to a notice of violation for a parking 22 violation within thirty days may result in the liability, commencing on 23 the thirty-first day, for the penalty prescribed above for failure to 24 respond within eight days and an additional penalty not to exceed ten 25 dollars or, if the first penalty assessed by the city does not exceed 26 five dollars, such city may assess an additional penalty within thirty- 27 one to seventy-five days not to exceed ten dollars; 28 (3) Where a city has given a second notice pursuant to paragraph a of 29 this subdivision failure to respond to a notice of violation for a park- 30 ing violation within seventy-five days may result in the liability, 31 commencing on the seventy-sixth day, for the penalties prescribed above 32 for failure to respond within eight days and for failure to respond 33 within thirty days and an additional penalty not to exceed twenty 34 dollars; and 35 (4) Notwithstanding the foregoing schedule of alternate penalties, if 36 an owner makes a plea or appears within twenty days after issuance of a 37 second notice of violation in accordance with paragraph a of this subdi- 38 vision, or prior to such mailing, such additional penalty shall not 39 exceed five dollars. 40 c. Default judgment. Where a city has given notice pursuant to para- 41 graph a of this subdivision, failure to respond to a notice of violation 42 for a parking violation within ninety days shall be deemed an admission 43 of liability and shall subject the owner to a default judgment being 44 entered thereon in an amount not greater than the amount of the original 45 fine and accrued penalties plus any applicable surcharges. Such default 46 shall be reported to the department which department shall cause a 47 suspension and non-renewal of the owner's registration pursuant to the 48 provisions of subdivision four-c of section five hundred ten of this 49 chapter. 50 3. Nothing set forth in this section shall be construed to grant any 51 municipality the authority to establish by local law, ordinance, resol- 52 ution or any other means, an administrative tribunal to hear and deter- 53 mine complaints of traffic infractions or jurisdiction to adjudicate any 54 liability set forth in subdivision one of this section. 55 § 2. Subdivision 1 of section 236 of the vehicle and traffic law is 56 REPEALED and a new subdivision 1 is added to read as follows:S. 8137 5 1 1. Creation. In any city as hereinbefore or hereafter authorized such 2 tribunal when created shall be known as the parking violations bureau 3 and shall have jurisdiction of traffic infractions which constitute a 4 parking violation and, where authorized, to adjudicate the liability of 5 owners for violations of subdivision (d) of section eleven hundred elev- 6 en of this chapter in accordance with a local law or ordinance imposing 7 monetary liability on the owner of a vehicle for failure of an operator 8 thereof to comply with traffic-control indications through the installa- 9 tion of traffic-control signal photo violation-monitoring devices pursu- 10 ant to article twenty-four of this chapter, or authorized to adjudicate 11 the liability of owners for violations of section eleven hundred eighty 12 of this chapter in accordance with local laws imposing liability on 13 owners for failure of an operator to comply with certain posted maximum 14 speed limits through the installation of photo speed violation monitor- 15 ing systems pursuant to article thirty of this chapter, or authorized to 16 adjudicate liability of owners for violations of bus lane restrictions 17 in accordance with local laws imposing liability on owners for failure 18 of operators to comply with such restrictions through the use of photo 19 devices pursuant to article twenty-four of this chapter, or authorized 20 to adjudicate the liability of owners for violations of toll collection 21 regulations by an operator as defined in and in accordance with the 22 provisions of section two thousand nine hundred eighty-five of the 23 public authorities law and sections sixteen-a, sixteen-b and sixteen-c 24 of chapter seven hundred seventy-four of the laws of nineteen hundred 25 fifty, or authorized to adjudicate the liability of owners for failure 26 of operator to stop for a school bus displaying a red visual signal and 27 stop-arm when meeting a school bus marked and equipped as provided in 28 subdivisions twenty and twenty-one-c of section three hundred seventy- 29 five of this chapter in accordance with provisions of law specifically 30 authorizing the imposition of monetary liability on the owner of a vehi- 31 cle through the installation of school bus photo monitoring systems 32 pursuant to article twenty-nine of this chapter. Such tribunal, except 33 in a city with a population of one million or more, shall also have 34 jurisdiction of abandoned vehicle violations. For the purposes of this 35 article, a parking violation is the violation of any law, rule or regu- 36 lation providing for or regulating the parking, stopping or standing of 37 a vehicle. In addition for purposes of this article, "commissioner" 38 shall mean and include the commissioner of traffic of the city or an 39 official possessing authority as such a commissioner. 40 § 3. Paragraph f of subdivision 1 of section 239 of the vehicle and 41 traffic law is REPEALED and a new paragraph f is added to read as 42 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 under this chapter to impose monetary liability on the 47 owner of a vehicle for failure of an operator thereof: to comply with 48 traffic-control indications through the use of traffic-control signal 49 photo violation-monitoring devices pursuant to article twenty-four of 50 this chapter; or to comply with certain posted maximum speed limits in 51 violation of section eleven hundred eighty of this chapter through the 52 use of photo speed violation monitoring systems pursuant to article 53 thirty of this chapter; or to comply with bus lane restrictions through 54 the use of photo devices pursuant to article twenty-four of this chap- 55 ter; or to comply with toll collection regulations as defined in and in 56 accordance with the provisions of section two thousand nine hundredS. 8137 6 1 eighty-five of the public authorities law and sections sixteen-a, 2 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the 3 laws of nineteen hundred fifty; or to stop for a school bus displaying a 4 red visual signal and stop-arm when meeting a school bus marked and 5 equipped as provided in subdivisions twenty and twenty-one-c of section 6 three hundred seventy-five of this chapter through the installation of 7 school bus photo monitoring systems pursuant to article twenty-nine of 8 this chapter. 9 § 4. Subdivisions 1 and 1-a of section 240 of the vehicle and traffic 10 law are REPEALED and two new subdivisions 1 and 1-a are added to read as 11 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 any provisions of law specifically authorizing the 15 imposition of monetary liability on the owner of a vehicle for failure 16 of an operator thereof: to comply with traffic-control indications 17 through the use of traffic-control signal photo violation-monitoring 18 devices pursuant to article twenty-four of this chapter; or to comply 19 with certain posted maximum speed limits in violation of section eleven 20 hundred eighty of this chapter through the use of photo speed violation 21 monitoring systems pursuant to article thirty of this chapter; or to 22 comply with bus lane restrictions through the use of photo devices 23 pursuant to article twenty-four of this chapter; or to comply with toll 24 collection regulations as defined in and in accordance with the 25 provisions of section two thousand nine hundred eighty-five of the 26 public authorities law and sections sixteen-a, sixteen-b and sixteen-c 27 of chapter seven hundred seventy-four of the laws of nineteen hundred 28 fifty; or to stop for a school bus displaying a red visual signal and 29 stop-arm when meeting a school bus marked and equipped as provided in 30 subdivisions twenty and twenty-one-c of section three hundred seventy- 31 five of this chapter through the installation of school bus photo moni- 32 toring systems pursuant to article twenty-nine of this chapter, contests 33 such allegation, the bureau shall advise such person personally by such 34 form of first class mail as the director may direct of the date on which 35 he or she must appear to answer the charge at a hearing. The form and 36 content of such notice of hearing shall be prescribed by the director, 37 and shall contain a warning to advise the person so pleading or contest- 38 ing that failure to appear on the date designated, or on any subsequent 39 adjourned date, shall be deemed an admission of liability, and that a 40 default judgment may be entered thereon. 41 1-a. Fines and penalties. Whenever a plea of not guilty has been 42 entered, or the bureau has been notified that an allegation of liability 43 in accordance with provisions of law specifically authorizing the impo- 44 sition of monetary liability on the owner of a vehicle for failure of an 45 operator thereof: to comply with traffic-control indications through the 46 use of traffic-control signal photo violation-monitoring devices pursu- 47 ant to article twenty-four of this chapter; or to comply with certain 48 posted maximum speed limits in violation of section eleven hundred 49 eighty of this chapter through the use of photo speed violation monitor- 50 ing systems pursuant to article thirty of this chapter; or to comply 51 with bus lane restrictions through the use of photo devices pursuant to 52 article twenty-four of this chapter; or to comply with toll collection 53 regulations as defined in and in accordance with the provisions of 54 section two thousand nine hundred eighty-five of the public authorities 55 law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven 56 hundred seventy-four of the laws of nineteen hundred fifty; or to stopS. 8137 7 1 for a school bus displaying a red visual signal and stop-arm when meet- 2 ing a school bus marked and equipped as provided in subdivisions twenty 3 and twenty-one-c of section three hundred seventy-five of this chapter 4 through the installation of school bus photo monitoring systems pursuant 5 to article twenty-nine of this chapter, is being contested, by a person 6 in a timely fashion and a hearing upon the merits has been demanded, but 7 has not yet been held, the bureau shall not issue any notice of fine or 8 penalty to that person prior to the date of the hearing. 9 § 5. Paragraphs a and g of subdivision 2 of section 240 of the vehicle 10 and traffic law are REPEALED and two new paragraphs a and g are added to 11 read as follows: 12 a. Every hearing for the adjudication of a charge of parking violation 13 or an allegation of liability for violations of subdivision (d) of 14 section eleven hundred eleven of this chapter in accordance with a local 15 law or ordinance imposing monetary liability on the owner of a vehicle 16 for failure of an operator thereof to comply with traffic-control indi- 17 cations through the installation of traffic-control signal photo viola- 18 tion-monitoring devices pursuant to article twenty-four of this chapter, 19 or an allegation of liability for violations of section eleven hundred 20 eighty of this chapter in accordance with local laws imposing liability 21 on owners for failure of an operator to comply with certain posted maxi- 22 mum speed limits through the installation of photo speed violation moni- 23 toring systems pursuant to article thirty of this chapter, or an allega- 24 tion of liability for violations of bus lane restrictions in accordance 25 with local laws imposing liability on owners for failure of operators to 26 comply with such restrictions through the use of photo devices pursuant 27 to article twenty-four of this chapter, or an allegation of liability 28 for violations of toll collection regulations by an operator as defined 29 in and in accordance with the provisions of section two thousand nine 30 hundred eighty-five of the public authorities law and sections 31 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four 32 of the laws of nineteen hundred fifty, or an allegation of liability of 33 owners for failure of an operator to stop for a school bus displaying a 34 red visual signal and stop-arm when meeting a school bus marked and 35 equipped as provided in subdivisions twenty and twenty-one-c of section 36 three hundred seventy-five of this chapter in accordance with provisions 37 of law specifically authorizing the imposition of monetary liability on 38 the owner of a vehicle through the installation of school bus photo 39 monitoring systems pursuant to article twenty-nine of this chapter, 40 shall be held before a hearing examiner in accordance with rules and 41 regulations promulgated by the bureau. 42 g. A record shall be made of a hearing on a plea of not guilty or of a 43 hearing at which liability in accordance with any provisions of law 44 specifically authorizing the imposition of monetary liability on the 45 owner of a vehicle for failure of an operator thereof: to comply with 46 traffic-control indications through the use of traffic-control signal 47 photo violation-monitoring devices pursuant to article twenty-four of 48 this chapter; to comply with certain posted maximum speed limits in 49 violation of section eleven hundred eighty of this chapter through the 50 use of photo speed violation monitoring systems pursuant to article 51 thirty of this chapter; to comply with bus lane restrictions as specif- 52 ically set forth in local laws establishing such restrictions through 53 the use of photo devices pursuant to article twenty-four of this chap- 54 ter; to comply with toll collection regulations as defined in and in 55 accordance with the provisions of section two thousand nine hundred 56 eighty-five of the public authorities law and sections sixteen-a,S. 8137 8 1 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the 2 laws of nineteen hundred fifty; or to stop for a school bus displaying a 3 red visual signal and stop-arm when meeting a school bus marked and 4 equipped as provided in subdivisions twenty and twenty-one-c of section 5 three hundred seventy-five of this chapter through the installation of 6 school bus photo monitoring systems pursuant to article twenty-nine of 7 this chapter, is contested. Recording devices may be used for the 8 making of the record. 9 § 6. Subdivisions 1 and 2 of section 241 of the vehicle and traffic 10 law are REPEALED and two new subdivisions 1 and 2 are added to read as 11 follows: 12 1. The hearing examiner shall make a determination on the charges, 13 either sustaining or dismissing them. Where the hearing examiner deter- 14 mines that the charges have been sustained he or she may examine either 15 the prior parking violations record or the record of liabilities 16 incurred in accordance with any provisions of law specifically authoriz- 17 ing the imposition of monetary liability on the owner of a vehicle for 18 failure of an operator thereof: to comply with traffic-control indi- 19 cations through the use of traffic-control signal photo violation-moni- 20 toring devices pursuant to article twenty-four of this chapter; to 21 comply with certain posted maximum speed limits in violation of section 22 eleven hundred eighty of this chapter through the use of photo speed 23 violation monitoring systems pursuant to article thirty of this chapter; 24 to comply with bus lane restrictions as specifically set forth in local 25 laws establishing such restrictions through the use of photo devices 26 pursuant to article twenty-four of this chapter; to comply with toll 27 collection regulations as defined in and in accordance with the 28 provisions of section two thousand nine hundred eighty-five of the 29 public authorities law and sections sixteen-a, sixteen-b and sixteen-c 30 of chapter seven hundred seventy-four of the laws of nineteen hundred 31 fifty; or to stop for a school bus displaying a red visual signal and 32 stop-arm when meeting a school bus marked and equipped as provided in 33 subdivisions twenty and twenty-one-c of section three hundred seventy- 34 five of this chapter through the installation of school bus photo moni- 35 toring systems pursuant to article twenty-nine of this chapter, of the 36 person charged, as applicable prior to rendering a final determination. 37 Final determinations sustaining or dismissing charges shall be entered 38 on a final determination roll maintained by the bureau together with 39 records showing payment and nonpayment of penalties. 40 2. Where an operator or owner fails to enter a plea to a charge of a 41 parking violation or contest an allegation of liability in accordance 42 with any provisions of law specifically authorizing the imposition of 43 monetary liability on the owner of a vehicle for failure of an operator 44 thereof: to comply with traffic-control indications through the use of 45 traffic-control signal photo violation-monitoring devices pursuant to 46 article twenty-four of this chapter; to comply with certain posted maxi- 47 mum speed limits in violation of section eleven hundred eighty of this 48 chapter through the use of photo speed violation monitoring systems 49 systems pursuant to article thirty of this chapter; to comply with bus 50 lane restrictions as specifically set forth in local laws establishing 51 such restrictions through the use of photo devices pursuant to article 52 twenty-four of this chapter; to comply with toll collection regulations 53 as defined in and in accordance with the provisions of section two thou- 54 sand nine hundred eighty-five of the public authorities law and sections 55 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four 56 of the laws of nineteen hundred fifty; or to stop for a school busS. 8137 9 1 displaying a red visual signal and stop-arm when meeting a school bus 2 marked and equipped as provided in subdivisions twenty and twenty-one-c 3 of section three hundred seventy-five of this chapter through the 4 installation of school bus photo monitoring systems pursuant to article 5 twenty-nine of this chapter, or fails to appear on a designated hearing 6 date or subsequent adjourned date or fails after a hearing to comply 7 with the determination of a hearing examiner, as prescribed by this 8 article or by rule or regulation of the bureau, such failure to plead or 9 contest, appear or comply shall be deemed, for all purposes, an admis- 10 sion of liability and shall be grounds for rendering and entering a 11 default judgment in an amount provided by the rules and regulations of 12 the bureau. However, after the expiration of the original date 13 prescribed for entering a plea and before a default judgment may be 14 rendered, in such case the bureau shall pursuant to the applicable 15 provisions of law notify such operator or owner, by such form of first 16 class mail as the commission may direct; (1) of the violation charged, 17 or liability in accordance with any provisions of law specifically 18 authorizing the imposition of monetary liability on the owner of a vehi- 19 cle for failure of an operator thereof: to comply with traffic-control 20 indications through the use of traffic-control signal photo violation- 21 monitoring devices pursuant to article twenty-four of this chapter; to 22 comply with certain posted maximum speed limits in violation of section 23 eleven hundred eighty of this chapter through the use of photo speed 24 violation monitoring systems pursuant to article thirty of this chapter; 25 to comply with bus lane restrictions as specifically set forth in local 26 laws establishing such restrictions through the use of photo devices 27 pursuant to article twenty-four of this chapter; to comply with toll 28 collection regulations as defined in and in accordance with the 29 provisions of section two thousand nine hundred eighty-five of the 30 public authorities law and sections sixteen-a, sixteen-b and sixteen-c 31 of chapter seven hundred seventy-four of the laws of nineteen hundred 32 fifty; or to stop for a school bus displaying a red visual signal and 33 stop-arm when meeting a school bus marked and equipped as provided in 34 subdivisions twenty and twenty-one-c of section three hundred seventy- 35 five of this chapter through the installation of school bus photo moni- 36 toring systems pursuant to article twenty-nine of this chapter, (2) of 37 the impending default judgment, (3) that such judgment will be entered 38 in the Civil Court of the city in which the bureau has been established, 39 or other court of civil jurisdiction or any other place provided for the 40 entry of civil judgments within the state of New York, and (4) that a 41 default may be avoided by entering a plea or contesting an allegation of 42 liability in accordance with any provisions of law specifically author- 43 izing the imposition of monetary liability on the owner of a vehicle for 44 failure of an operator thereof: to comply with traffic-control indi- 45 cations through the use of traffic-control signal photo violation-moni- 46 toring devices pursuant to article twenty-four of this chapter; to 47 comply with certain posted maximum speed limits in violation of section 48 eleven hundred eighty of this chapter through the use of photo speed 49 violation monitoring systems pursuant to article thirty of this chapter; 50 to comply with bus lane restrictions as specifically set forth in local 51 laws establishing such restrictions through the use of photo devices 52 pursuant to article twenty-four of this chapter; to comply with toll 53 collection regulations as defined in and in accordance with the 54 provisions of section two thousand nine hundred eighty-five of the 55 public authorities law and sections sixteen-a, sixteen-b and sixteen-c 56 of chapter seven hundred seventy-four of the laws of nineteen hundredS. 8137 10 1 fifty; or to stop for a school bus displaying a red visual signal and 2 stop-arm when meeting a school bus marked and equipped as provided in 3 subdivisions twenty and twenty-one-c of section three hundred seventy- 4 five of this chapter through the installation of school bus photo moni- 5 toring systems as appropriate pursuant to article twenty-nine of this 6 chapter, or making an appearance within thirty days of the sending of 7 such notice. Pleas entered and allegations contested within that period 8 shall be in the manner prescribed in the notice and not subject to addi- 9 tional penalty or fee. Such notice of impending default judgment shall 10 not be required prior to the rendering and entry thereof in the case of 11 operators or owners who are non-residents of the state of New York. In 12 no case shall a default judgment be rendered or, where required, a 13 notice of impending default judgment be sent, more than two years after 14 the expiration of the time prescribed for entering a plea or contesting 15 an allegation. When a person has demanded a hearing, no fine or penalty 16 shall be imposed for any reason, prior to the holding of the hearing. If 17 the hearing examiner shall make a determination on the charges, sustain- 18 ing them, he or she shall impose no greater penalty or fine than those 19 upon which the person was originally charged. 20 § 7. Paragraph a of subdivision 5-a of section 401 of the vehicle and 21 traffic law is REPEALED and a new paragraph a is added to read as 22 follows: 23 a. (i) If at the time of application for a registration or renewal 24 thereof there is a certification from a court, parking violations 25 bureau, traffic and parking violations agency or administrative tribunal 26 of appropriate jurisdiction that the registrant or his or her represen- 27 tative failed to appear on the return date or any subsequent adjourned 28 date or failed to comply with the rules and regulations of an adminis- 29 trative tribunal following entry of a final decision in response to a 30 total of three or more summonses or other process in the aggregate, 31 issued within an eighteen month period, charging either that: (i) such 32 motor vehicle was parked, stopped or standing, or that such motor vehi- 33 cle was operated for hire by the registrant or his or her agent without 34 being licensed as a motor vehicle for hire by the appropriate local 35 authority, in violation or any of the provisions of this chapter or of 36 any law, ordinance, rule or regulation made by a local authority; or 37 (ii) the registrant was liable for a violation of subdivision (d) of 38 section eleven hundred eleven of this chapter in accordance with a local 39 law or ordinance imposing monetary liability on the owner of a vehicle 40 for failure of an operator thereof to comply with traffic-control indi- 41 cations through the installation of traffic-control signal photo viola- 42 tion-monitoring devices pursuant to article twenty-four of this chapter; 43 or (iii) the registrant was liable in accordance with a local law or 44 ordinance imposing monetary liability on the owner of a vehicle for the 45 failure of operator to comply with certain posted maximum speed limits 46 in violation of section eleven hundred eighty of this chapter through 47 the installation of photo speed violation monitoring systems pursuant to 48 article thirty of this chapter; or (iv) the registrant was liable in 49 accordance with a local law or ordinance imposing monetary liability on 50 the owner of a vehicle for violations of bus lane restrictions as 51 specifically set forth in local laws establishing such restrictions, 52 through the use of photo devices pursuant to article twenty-four of this 53 chapter; or (v) the registrant was liable in accordance with a local law 54 or ordinance imposing monetary liability on the owner of a vehicle for 55 failure of operator to stop for a school bus displaying a red visual 56 signal and stop-arm when meeting a school bus marked and equipped asS. 8137 11 1 provided in subdivisions twenty and twenty-one-c of section three 2 hundred seventy-five of this chapter in accordance with provisions of 3 law specifically authorizing the imposition of monetary liability on the 4 owner of a vehicle through the installation of school bus photo monitor- 5 ing systems pursuant to article twenty-nine of this chapter, the commis- 6 sioner or his or her agent shall deny the registration or renewal appli- 7 cation until the applicant provides proof from the court, traffic and 8 parking violations agency or administrative tribunal wherein the charges 9 are pending that an appearance or answer has been made or in the case of 10 an administrative tribunal that he or she has complied with the rules 11 and regulations of said tribunal following entry of a final decision. 12 Where an application is denied pursuant to this section, the commission- 13 er may, in his or her discretion, deny a registration or renewal appli- 14 cation to any other person for the same vehicle and may deny a registra- 15 tion or renewal application for any other motor vehicle registered in 16 the name of the applicant where the commissioner has determined that 17 such registrant's intent has been to evade the purposes of this subdivi- 18 sion and where the commissioner has reasonable grounds to believe that 19 such registration or renewal will have the effect of defeating the 20 purposes of this subdivision. Such denial shall only remain in effect 21 as long as the summonses remain unanswered, or in the case of an admin- 22 istrative tribunal, the registrant fails to comply with the rules and 23 regulations following entry of a final decision. 24 (ii) For purposes of this paragraph, the term "motor vehicle operated 25 for hire" shall mean and include a taxicab, livery, coach, limousine or 26 tow truck. 27 § 8. Subdivision 1 of section 1809 of the vehicle and traffic law is 28 REPEALED and a new subdivision 1 is added to read as follows: 29 1. Whenever proceedings in an administrative tribunal or a court of 30 this state result in a conviction for an offense under this chapter or a 31 traffic infraction under this chapter, or a local law, ordinance, rule 32 or regulation adopted pursuant to this chapter; other than a traffic 33 infraction involving standing, stopping, or parking or violations by 34 pedestrians or bicyclists, or other than an adjudication of liability of 35 owners for violations of subdivision (d) of section eleven hundred elev- 36 en of this chapter in accordance with a local law or ordinance imposing 37 monetary liability on the owner of a vehicle for failure of an operator 38 thereof to comply with traffic-control indications through the installa- 39 tion of traffic-control signal photo violation-monitoring devices pursu- 40 ant to article twenty-four of this chapter, or an adjudication of 41 liability of owners for violations of section eleven hundred eighty of 42 this chapter in accordance with local laws imposing liability on owners 43 for failure of an operator to comply with certain posted maximum speed 44 limits through the installation of photo speed violation monitoring 45 systems pursuant to article thirty of this chapter, or an adjudication 46 of liability of owners for violations of bus lane restrictions in 47 accordance with local laws imposing liability on owners for failure of 48 operators to comply with such restrictions through the use of photo 49 devices pursuant to article twenty-four of this chapter, or an adjudi- 50 cation of liability of owners for violations of toll collection regu- 51 lations by an operator as defined in and in accordance with the 52 provisions of section two thousand nine hundred eighty-five of the 53 public authorities law and sections sixteen-a, sixteen-b and sixteen-c 54 of chapter seven hundred seventy-four of the laws of nineteen hundred 55 fifty, or an adjudication of liability of owners for failure of operator 56 to stop for a school bus displaying a red visual signal and stop-armS. 8137 12 1 when meeting a school bus marked and equipped as provided in subdivi- 2 sions twenty and twenty-one-c of section three hundred seventy-five of 3 this chapter in accordance with provisions of law specifically authoriz- 4 ing the imposition of monetary liability on the owner of a vehicle 5 through the installation of school bus photo monitoring systems pursuant 6 to article twenty-nine of this chapter, there shall be levied a crime 7 victim assistance fee and a mandatory surcharge, in addition to any 8 sentence required or permitted by law, in accordance with the following 9 schedule: 10 (a) Whenever proceedings in an administrative tribunal or a court of 11 this state result in a conviction for a traffic infraction pursuant to 12 article nine of this chapter, there shall be levied a crime victim 13 assistance fee in the amount of five dollars and a mandatory surcharge, 14 in addition to any sentence required or permitted by law, in the amount 15 of twenty-five dollars. 16 (b) Whenever proceedings in an administrative tribunal or a court of 17 this state result in a conviction for a misdemeanor or felony pursuant 18 to section eleven hundred ninety-two of this chapter, there shall be 19 levied, in addition to any sentence required or permitted by law, a 20 crime victim assistance fee in the amount of twenty-five dollars and a 21 mandatory surcharge in accordance with the following schedule: 22 (i) a person convicted of a felony shall pay a mandatory surcharge of 23 three hundred dollars; 24 (ii) a person convicted of a misdemeanor shall pay a mandatory 25 surcharge of one hundred seventy-five dollars. 26 (c) Whenever proceedings in an administrative tribunal or a court of 27 this state result in a conviction for an offense under this chapter 28 other than a crime pursuant to section eleven hundred ninety-two of this 29 chapter, or a traffic infraction under this chapter, or a local law, 30 ordinance, rule or regulation adopted pursuant to this chapter, other 31 than a traffic infraction involving standing, stopping, or parking or 32 violations by pedestrians or bicyclists, or other than an adjudication 33 of liability of an owner for a violation of subdivision (d) of section 34 eleven hundred eleven of this chapter in accordance with a local law or 35 ordinance imposing liability on the owner of a vehicle for failure of an 36 operator thereof to comply with traffic-control indications through the 37 installation of traffic-control signal photo violation-monitoring 38 devices pursuant to article twenty-four of this chapter, or other than 39 an adjudication of liability of an owner in accordance with a local law 40 or ordinance imposing monetary liability on the owner of a vehicle for 41 the failure of an operator to comply with certain posted maximum speed 42 limits in violation of section eleven hundred eighty of this chapter 43 through the installation of photo speed violation monitoring systems 44 pursuant to article thirty of this chapter, or other than an adjudi- 45 cation of liability of an owner in accordance with a local law or ordi- 46 nance imposing monetary liability on the owner of a vehicle for 47 violations of bus lane restrictions as specifically set forth in local 48 laws establishing such restrictions, through the use of photo devices 49 pursuant to article twenty-four of this chapter, or other than an adju- 50 dication of the liability of owners for failure of operator to stop for 51 a school bus displaying a red visual signal and stop-arm when meeting a 52 school bus marked and equipped as provided in subdivisions twenty and 53 twenty-one-c of section three hundred seventy-five of this chapter in 54 accordance with provisions of law specifically authorizing the imposi- 55 tion of monetary liability on the owner of a vehicle through the instal- 56 lation of school bus photo monitoring systems pursuant to article twen-S. 8137 13 1 ty-nine of this chapter; or other than an infraction pursuant to article 2 nine of this chapter; or other than an adjudication of liability of an 3 owner for a violation of toll collection regulations pursuant to section 4 two thousand nine hundred eighty-five of the public authorities law or 5 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred 6 seventy-four of the laws of nineteen hundred fifty, there shall be 7 levied a crime victim assistance fee in the amount of five dollars and a 8 mandatory surcharge, in addition to any sentence required or permitted 9 by law, in the amount of fifty-five dollars. 10 § 9. Paragraph a of subdivision 1 of section 1809-e of the vehicle and 11 traffic law is REPEALED and a new paragraph a is added to read as 12 follows: 13 a. Notwithstanding any other provision of law, whenever proceedings in 14 a court or an administrative tribunal of this state result in a 15 conviction for an offense under this chapter, except a conviction pursu- 16 ant to section eleven hundred ninety-two of this chapter, or for a traf- 17 fic infraction under this chapter, or a local law, ordinance, rule or 18 regulation adopted pursuant to this chapter, except: (i) a traffic 19 infraction involving standing, stopping, or parking or violations by 20 pedestrians or bicyclists; or (ii) an adjudication of liability of an 21 owner for a violation of subdivision (d) of section eleven hundred elev- 22 en of this chapter in accordance with a local law or ordinance imposing 23 liability on the owner of a vehicle for failure of an operator thereof 24 to comply with traffic-control indications through the installation of 25 traffic-control signal photo violation-monitoring devices pursuant to 26 article twenty-four of this chapter; or (iii) an adjudication of liabil- 27 ity of an owner in accordance with a local law or ordinance imposing 28 monetary liability on the owner of a vehicle for the failure of an oper- 29 ator to comply with certain posted maximum speed limits in violation of 30 section eleven hundred eighty of this chapter through the installation 31 of photo speed violation monitoring systems pursuant to article thirty 32 of this chapter; or (iv) an adjudication of liability of an owner in 33 accordance with a local law or ordinance imposing monetary liability on 34 the owner of a vehicle for violations of bus lane restrictions as 35 specifically set forth in local laws establishing such restrictions, 36 through the use of photo devices pursuant to article twenty-four of this 37 chapter; or (v) an adjudication of liability of an owner for a violation 38 of toll collection regulations pursuant to section two thousand nine 39 hundred eighty-five of the public authorities law or sections sixteen-a, 40 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the 41 laws of nineteen hundred fifty; or (vi) an adjudication of the liability 42 of owners for failure of operator to stop for a school bus displaying a 43 red visual signal and stop-arm when meeting a school bus marked and 44 equipped as provided in subdivisions twenty and twenty-one-c of section 45 three hundred seventy-five of this chapter, in accordance with 46 provisions of law specifically authorizing the imposition of monetary 47 liability on the owner of a vehicle through the installation of school 48 bus photo monitoring systems pursuant to article twenty-nine of this 49 chapter, there shall be levied in addition to any sentence, penalty or 50 other surcharge required or permitted by law, an additional surcharge of 51 twenty-eight dollars. 52 § 10. Section 371 of the general municipal law is REPEALED and a new 53 section 371 is added to read as follows: 54 § 371. Jurisdiction and procedure. 1. A traffic violations bureau so 55 established may be authorized to dispose of violations of traffic laws, 56 ordinances, rules and regulations when such offenses shall not consti-S. 8137 14 1 tute the traffic infraction known as speeding or a misdemeanor or felo- 2 ny, and, if authorized by local law or ordinance, or to adjudicate the 3 liability of owners for violations of subdivision (d) of section eleven 4 hundred eleven of the vehicle and traffic law in accordance with a local 5 law or ordinance imposing monetary liability on the owner of a vehicle 6 for failure of an operator thereof to comply with traffic-control indi- 7 cations through the installation of traffic-control signal photo viola- 8 tion-monitoring devices pursuant to article twenty-four of the vehicle 9 and traffic law, or authorized to adjudicate the liability of owners for 10 failure of operator to stop for a school bus displaying a red visual 11 signal and stop-arm when meeting a school bus marked and equipped as 12 provided in subdivisions twenty and twenty-one-c of section three 13 hundred seventy-five of the vehicle and traffic law in accordance with 14 provisions of law specifically authorizing the imposition of monetary 15 liability on the owner of a vehicle through the installation of school 16 bus photo monitoring systems pursuant to article twenty-nine of the 17 vehicle and traffic law. 18 2. The Nassau county traffic and parking violations agency, as estab- 19 lished, may be authorized to assist the Nassau county district court, 20 and the Suffolk county traffic and parking violations agency, as estab- 21 lished, may be authorized to assist the Suffolk county district court, 22 in the disposition and administration of infractions of traffic and 23 parking laws, ordinances, rules and regulations and to adjudicate the 24 liability of owners for violations of subdivision (d) of section eleven 25 hundred eleven of the vehicle and traffic law in accordance with a local 26 law or ordinance imposing monetary liability on the owner of a vehicle 27 for failure of an operator thereof to comply with traffic-control indi- 28 cations through the installation of traffic-control signal photo viola- 29 tion-monitoring devices pursuant to article twenty-four of the vehicle 30 and traffic law, or authorized to adjudicate the liability of owners for 31 failure of operator to stop for a school bus displaying a red visual 32 signal and stop-arm when meeting a school bus marked and equipped as 33 provided in subdivisions twenty and twenty-one-c of section three 34 hundred seventy-five of the vehicle and traffic law in accordance with 35 provisions of law specifically authorizing the imposition of monetary 36 liability on the owner of a vehicle through the installation of school 37 bus photo monitoring systems pursuant to article twenty-nine of the 38 vehicle and traffic law, except that such agencies shall not have juris- 39 diction over (a) the traffic infraction defined under subdivision one of 40 section eleven hundred ninety-two of the vehicle and traffic law; (b) 41 the traffic infraction defined under subdivision five of section eleven 42 hundred ninety-two of the vehicle and traffic law; (c) the violation 43 defined under paragraph (b) of subdivision four of section fourteen-f of 44 the transportation law and the violation defined under item (b) of 45 subparagraph (iii) of paragraph c of subdivision two of section one 46 hundred forty of the transportation law; (d) the traffic infraction 47 defined under section three hundred ninety-seven-a of the vehicle and 48 traffic law and the traffic infraction defined under subdivision (g) of 49 section eleven hundred eighty of the vehicle and traffic law; (e) any 50 misdemeanor or felony; or (f) any offense that is part of the same crim- 51 inal transaction, as that term is defined in subdivision two of section 52 40.10 of the criminal procedure law, as a violation of subdivision one 53 of section eleven hundred ninety-two of the vehicle and traffic law, a 54 violation of subdivision five of section eleven hundred ninety-two of 55 the vehicle and traffic law, a violation of paragraph (b) of subdivision 56 four of section fourteen-f of the transportation law, a violation ofS. 8137 15 1 item (b) of subparagraph (iii) of paragraph c of subdivision two of 2 section one hundred forty of the transportation law, a violation of 3 section three hundred ninety-seven-a of the vehicle and traffic law, a 4 violation of subdivision (g) of section eleven hundred eighty of the 5 vehicle and traffic law or any misdemeanor or felony. 6 2-a. The Buffalo traffic violations agency, as established in subdivi- 7 sion four of section three hundred seventy of this article, may be 8 authorized to assist the Buffalo city court in the disposition and 9 administration of infractions of traffic laws, ordinances, rules and 10 regulations except that such agency shall not have jurisdiction over (a) 11 the traffic infraction defined under subdivision one of section eleven 12 hundred ninety-two of the vehicle and traffic law; (b) the traffic 13 infraction defined under subdivision five of section eleven hundred 14 ninety-two of the vehicle and traffic law; (c) the violation defined 15 under paragraph (b) of subdivision four of section fourteen-f of the 16 transportation law and the violation defined under item (b) of subpara- 17 graph (iii) of paragraph c of subdivision two of section one hundred 18 forty of the transportation law; (d) the traffic infraction defined 19 under section three hundred ninety-seven-a of the vehicle and traffic 20 law and the traffic infraction defined under subdivision (g) of section 21 eleven hundred eighty of the vehicle and traffic law; (e) traffic 22 infractions constituting parking, standing, stopping or pedestrian 23 offenses; (f) any misdemeanor or felony; or (g) any offense that is part 24 of the same criminal transaction, as that term is defined in subdivision 25 two of section 40.10 of the criminal procedure law, as a violation of 26 subdivision one of section eleven hundred ninety-two of the vehicle and 27 traffic law, a violation of subdivision five of section eleven hundred 28 ninety-two of the vehicle and traffic law, a violation of paragraph (b) 29 of subdivision four of section fourteen-f of the transportation law, a 30 violation of item (b) of subparagraph (iii) of paragraph c of subdivi- 31 sion two of section one hundred forty of the transportation law, a 32 violation of section three hundred ninety-seven-a of the vehicle and 33 traffic law, a violation constituting a parking, stopping, standing or 34 pedestrian offense, a violation of subdivision (g) of section eleven 35 hundred eighty of the vehicle and traffic law or any misdemeanor or 36 felony. 37 2-b. The Rochester traffic violations agency, as established in subdi- 38 vision five of section three hundred seventy of this article, may be 39 authorized to assist the Rochester city court in the disposition and 40 administration of infractions of traffic laws, ordinances, rules and 41 regulations except that such agency shall not have jurisdiction over (a) 42 the traffic infraction defined under subdivision one of section eleven 43 hundred ninety-two of the vehicle and traffic law; (b) the traffic 44 infraction defined under subdivision five of section eleven hundred 45 ninety-two of the vehicle and traffic law; (c) the violation defined 46 under paragraph (b) of subdivision four of section fourteen-f of the 47 transportation law and the violation defined under item (b) of subpara- 48 graph (iii) of paragraph c of subdivision two of section one hundred 49 forty of the transportation law; (d) the traffic infraction defined 50 under section three hundred ninety-seven-a of the vehicle and traffic 51 law and the traffic infraction defined under subdivision (g) of section 52 eleven hundred eighty of the vehicle and traffic law; (e) traffic 53 infractions constituting parking, standing, stopping or pedestrian 54 offenses; (f) any misdemeanor or felony; or (g) any offense that is part 55 of the same criminal transaction, as that term is defined in subdivision 56 two of section 40.10 of the criminal procedure law, as a violation ofS. 8137 16 1 subdivision one of section eleven hundred ninety-two of the vehicle and 2 traffic law, a violation of subdivision five of section eleven hundred 3 ninety-two of the vehicle and traffic law, a violation of paragraph (b) 4 of subdivision four of section fourteen-f of the transportation law, a 5 violation of item (b) of subparagraph (iii) of paragraph c of subdivi- 6 sion two of section one hundred forty of the transportation law, a 7 violation of section three hundred ninety-seven-a of the vehicle and 8 traffic law, a violation constituting a parking, stopping, standing or 9 pedestrian offense, a violation of subdivision (g) of section eleven 10 hundred eighty of the vehicle and traffic law or any misdemeanor or 11 felony. 12 3. A person charged with an infraction which shall be disposed of by 13 either a traffic violations bureau, the Nassau county traffic and park- 14 ing violations agency, or the Suffolk county traffic and parking 15 violations agency may be permitted to answer, within a specified time, 16 at the traffic violations bureau, in Nassau county at the traffic and 17 parking violations agency and in Suffolk county at the traffic and park- 18 ing violations agency, either in person or by written power of attorney 19 in such form as may be prescribed in the ordinance or local law creating 20 the bureau or agency, by paying a prescribed fine and, in writing, waiv- 21 ing a hearing in court, pleading guilty to the charge or admitting 22 liability as an owner for the violation of subdivision (d) of section 23 eleven hundred eleven of the vehicle and traffic law, as the case may 24 be, and authorizing the person in charge of the bureau or agency to 25 enter such a plea or admission and accept payment of said fine. Accept- 26 ance of the prescribed fine and power of attorney by the bureau or agen- 27 cy shall be deemed complete satisfaction for the violation or of the 28 liability, and the violator or owner liable for a violation of subdivi- 29 sion (d) of section eleven hundred eleven of the vehicle and traffic law 30 shall be given a receipt which so states. If a person charged with a 31 traffic violation does not answer as hereinbefore prescribed, within a 32 designated time, the bureau or agency may cause a complaint to be 33 entered against him or her forthwith and a warrant to be issued for his 34 or her arrest and appearance before the court, such summons to be predi- 35 cated upon the personal service of said summons upon the person charged 36 with the infraction. Any person who shall have been, within the preced- 37 ing twelve months, guilty of a number of parking violations in excess of 38 such maximum number as may be designated by the court, or of three or 39 more violations other than parking violations, shall not be permitted to 40 appear and answer to a subsequent violation at the traffic violations 41 bureau or agency, but must appear in court at a time specified by the 42 bureau or agency. Such bureau or agency shall not be authorized to 43 deprive a person of his or her right to counsel or to prevent him or her 44 from exercising his or her right to appear in court to answer to, 45 explain, or defend any charge of a violation of any traffic law, ordi- 46 nance, rule or regulation. 47 3-a. A person charged with an infraction which shall be disposed of by 48 the Buffalo traffic violations agency may be permitted to answer, within 49 a specified time, at the traffic violations agency either in person or 50 by written power of attorney in such form as may be prescribed in the 51 ordinance or local law creating the agency, by paying a prescribed fine 52 and, in writing, waiving a hearing in court, pleading guilty to the 53 charge or a lesser charge agreeable to the traffic prosecutor and the 54 person charged with an infraction, and authorizing the person in charge 55 of the agency to enter such a plea and accept payment of said fine. 56 Acceptance of the prescribed fine and power of attorney by the agencyS. 8137 17 1 shall be deemed complete satisfaction for the violation, and the viola- 2 tor shall be given a receipt which so states. If a person charged with a 3 traffic violation does not answer as hereinbefore prescribed, within a 4 designated time, the agency may cause a complaint to be entered against 5 him or her forthwith and a warrant to be issued for his or her arrest 6 and appearance before the court, such summons to be predicated upon the 7 personal service of said summons upon the person charged with the 8 infraction. Any person who shall have been, within the preceding twelve 9 months, guilty of three or more violations, shall not be permitted to 10 appear and answer to a subsequent violation at the agency, but must 11 appear in court at a time specified by the agency. Such agency shall not 12 be authorized to deprive a person of his or her right to counsel or to 13 prevent him or her from exercising his or her right to appear in court 14 to answer to, explain, or defend any charge of a violation of any traf- 15 fic law, ordinance, rule or regulation. 16 3-b. A person charged with an infraction which shall be disposed of by 17 the Rochester traffic violations agency may be permitted to answer, 18 within a specified time, at the traffic violations agency either in 19 person or by written power of attorney in such form as may be prescribed 20 in the ordinance or local law creating the agency, by paying a 21 prescribed fine and, in writing, waiving a hearing in court, pleading 22 guilty to the charge or a lesser charge agreeable to the traffic prose- 23 cutor and the person charged with an infraction, and authorizing the 24 person in charge of the agency to enter such a plea and accept payment 25 of said fine. Acceptance of the prescribed fine and power of attorney 26 by the agency shall be deemed complete satisfaction for the violation, 27 and the violator shall be given a receipt which so states. If a person 28 charged with a traffic violation does not answer as hereinbefore 29 prescribed, within a designated time, the agency may cause a complaint 30 to be entered against him or her forthwith and a warrant to be issued 31 for his or her arrest and appearance before the court, such summons to 32 be predicated upon the personal service of said summons upon the person 33 charged with the infraction. Any person who shall have been, within the 34 preceding twelve months, guilty of three or more violations, shall not 35 be permitted to appear and answer to a subsequent violation at the agen- 36 cy, but must appear in court at a time specified by the agency. Such 37 agency shall not be authorized to deprive a person of his or her right 38 to counsel or to prevent him or her from exercising his or her right to 39 appear in court to answer to, explain, or defend any charge of a 40 violation of any traffic law, ordinance, rule or regulation. 41 4. Notwithstanding any inconsistent provision of law, fines, penalties 42 and forfeitures collected by the Nassau county or Suffolk county traffic 43 and parking violations agency shall be distributed as provided in 44 section eighteen hundred three of the vehicle and traffic law. All 45 fines, penalties and forfeitures for violations adjudicated by the 46 Nassau county or Suffolk county traffic and parking violations agency 47 pursuant to subdivision two of this section, with the exception of park- 48 ing violations, and except as provided in subdivision three of section 49 ninety-nine-a of the state finance law, shall be paid by such agencies 50 to the state comptroller within the first ten days of the month follow- 51 ing collection. Each such payment shall be accompanied by a true and 52 complete report in such form and detail as the comptroller shall 53 prescribe. 54 4-a. Notwithstanding any inconsistent provision of law, fines, penal- 55 ties and forfeitures collected by the Buffalo traffic violations agency 56 shall be distributed as provided in section eighteen hundred three ofS. 8137 18 1 the vehicle and traffic law. All fines, penalties and forfeitures for 2 violations adjudicated by the Buffalo traffic violations agency pursuant 3 to subdivision two-a of this section except as provided in subdivision 4 three of section ninety-nine-a of the state finance law, shall be paid 5 by such agency to the state comptroller within the first ten days of the 6 month following collection. Each such payment shall be accompanied by a 7 true and complete report in such form and detail as the comptroller 8 shall prescribe. 9 4-b. Notwithstanding any inconsistent provision of law, fines, penal- 10 ties and forfeitures collected by the Rochester traffic violations agen- 11 cy shall be distributed as provided in section eighteen hundred three of 12 the vehicle and traffic law. All fines, penalties and forfeitures for 13 violations adjudicated by the Rochester traffic violations agency pursu- 14 ant to subdivision two-b of this section except as provided in subdivi- 15 sion three of section ninety-nine-a of the state finance law, shall be 16 paid by such agency to the state comptroller within the first ten days 17 of the month following collection. Each such payment shall be accompa- 18 nied by a true and complete report in such form and detail as the comp- 19 troller shall prescribe. 20 § 11. The vehicle and traffic law is amended by adding a new section 21 1111-f to read as follows: 22 § 1111-f. Owner liability for failure of operator to comply with 23 traffic-control indications. (a) 1. Notwithstanding any other provision 24 of law, the village of Pelham Manor is hereby authorized and empowered 25 to adopt and amend a local law or ordinance establishing a demonstration 26 program imposing monetary liability on the owner of a vehicle for fail- 27 ure of an operator thereof to comply with traffic-control indications in 28 such village in accordance with the provisions of this section. Such 29 demonstration program shall empower such village to install and operate 30 traffic-control signal photo violation-monitoring devices at no more 31 than one intersection within and under the jurisdiction of such village 32 at any one time. 33 2. Such demonstration program shall utilize necessary technologies to 34 ensure, to the extent practicable, that photographs produced by such 35 traffic-control signal photo violation-monitoring systems shall not 36 include images that identify the driver, the passengers, or the contents 37 of the vehicle. Provided, however, that no notice of liability issued 38 pursuant to this section shall be dismissed solely because a photograph 39 or photographs allow for the identification of the contents of a vehi- 40 cle, provided that such village has made a reasonable effort to comply 41 with the provisions of this paragraph. 42 (b) In any such village which has adopted a local law or ordinance 43 pursuant to subdivision (a) of this section, the owner of a vehicle 44 shall be liable for a penalty imposed pursuant to this section if such 45 vehicle was used or operated with the permission of the owner, express 46 or implied, in violation of subdivision (d) of section eleven hundred 47 eleven of this article, and such violation is evidenced by information 48 obtained from a traffic-control signal photo violation-monitoring 49 system; provided however that no owner of a vehicle shall be liable for 50 a penalty imposed pursuant to this section where the operator of such 51 vehicle has been convicted of the underlying violation of subdivision 52 (d) of section eleven hundred eleven of this article. 53 (c) For purposes of this section, "owner" shall have the meaning 54 provided in article two-B of this chapter. For purposes of this section, 55 "traffic-control signal photo violation-monitoring system" shall mean a 56 vehicle sensor installed to work in conjunction with a traffic-controlS. 8137 19 1 signal which automatically produces two or more photographs, two or more 2 microphotographs, a videotape or other recorded images of each vehicle 3 at the time it is used or operated in violation of subdivision (d) of 4 section eleven hundred eleven of this article. 5 (d) A certificate, sworn to or affirmed by a technician employed by 6 the village of Pelham Manor in which the charged violation occurred, or 7 a facsimile thereof, based upon inspection of photographs, microphoto- 8 graphs, videotape or other recorded images produced by a traffic-control 9 signal photo violation-monitoring system, shall be prima facie evidence 10 of the facts contained therein. Any photographs, microphotographs, 11 videotape or other recorded images evidencing such a violation shall be 12 available for inspection in any proceeding to adjudicate the liability 13 for such violation pursuant to a local law or ordinance adopted pursuant 14 to this section. 15 (e) An owner liable for a violation of subdivision (d) of section 16 eleven hundred eleven of this article pursuant to a local law or ordi- 17 nance adopted pursuant to this section shall be liable for monetary 18 penalties in accordance with a schedule of fines and penalties to be set 19 forth in such local law or ordinance. The liability of the owner pursu- 20 ant to this section shall not exceed fifty dollars for each violation; 21 provided, however, that such local law or ordinance may provide for an 22 additional penalty not in excess of twenty-five dollars for each 23 violation for the failure to respond to a notice of liability within the 24 prescribed time period. 25 (f) An imposition of liability under a local law or ordinance adopted 26 pursuant to this section shall not be deemed a conviction as an operator 27 and shall not be made part of the operating record of the person upon 28 whom such liability is imposed nor shall it be used for insurance 29 purposes in the provision of motor vehicle insurance coverage. 30 (g) 1. A notice of liability shall be sent by first class mail to each 31 person alleged to be liable as an owner for a violation of subdivision 32 (d) of section eleven hundred eleven of this article pursuant to this 33 section. Personal delivery on the owner shall not be required. A manual 34 or automatic record of mailing prepared in the ordinary course of busi- 35 ness shall be prima facie evidence of the facts contained therein. 36 2. A notice of liability shall contain the name and address of the 37 person alleged to be liable as an owner for a violation of subdivision 38 (d) of section eleven hundred eleven of this article pursuant to this 39 section, the registration number of the vehicle involved in such 40 violation, the location where such violation took place, the date and 41 time of such violation and the identification number of the camera which 42 recorded the violation or other document locator number. 43 3. The notice of liability shall contain information advising the 44 person charged of the manner and the time in which he or she may contest 45 the liability alleged in the notice. Such notice of liability shall also 46 contain a warning to advise the persons charged that failure to contest 47 in the manner and time provided shall be deemed an admission of liabil- 48 ity and that a default judgment may be entered thereon. 49 4. The notice of liability shall be prepared and mailed by the village 50 of Pelham Manor or by any other entity authorized by such village to 51 prepare and mail such notification of violation. 52 (h) Adjudication of the liability imposed upon owners by this section 53 shall be by a traffic violations bureau established pursuant to section 54 three hundred seventy of the general municipal law where the violation 55 occurred or, if there be none, by the court having jurisdiction over 56 traffic infractions.S. 8137 20 1 (i) If an owner receives a notice of liability pursuant to this 2 section for any time period during which the vehicle was reported to the 3 police department as having been stolen, it shall be a valid defense to 4 an allegation of liability for a violation of subdivision (d) of section 5 eleven hundred eleven of this article pursuant to this section that the 6 vehicle had been reported to the police as stolen prior to the time the 7 violation occurred and had not been recovered by such time. For purposes 8 of asserting the defense provided by this subdivision it shall be suffi- 9 cient that a certified copy of the police report on the stolen vehicle 10 be sent by first class mail to the court having jurisdiction. 11 (j) An owner who is a lessor of a vehicle to which a notice of liabil- 12 ity was issued pursuant to subdivision (g) of this section shall not be 13 liable for the violation of subdivision (d) of section eleven hundred 14 eleven of this article, provided that he or she sends to the court 15 having jurisdiction a copy of the rental, lease or other such contract 16 document covering such vehicle on the date of the violation, with the 17 name and address of the lessee clearly legible, within thirty-seven days 18 after receiving notice from the court of the date and time of such 19 violation, together with the other information contained in the original 20 notice of liability. Failure to send such information within such thir- 21 ty-seven day time period shall render the owner liable for the penalty 22 prescribed by this section. Where the lessor complies with the 23 provisions of this subdivision, the lessee of such vehicle on the date 24 of such violation shall be deemed to be the owner of such vehicle for 25 purposes of this section, shall be subject to liability for the 26 violation of subdivision (d) of section eleven hundred eleven of this 27 article pursuant to this section and shall be sent a notice of liability 28 pursuant to subdivision (g) of this section. 29 (k) 1. If the owner liable for a violation of subdivision (d) of 30 section eleven hundred eleven of this article pursuant to this section 31 was not the operator of the vehicle at the time of the violation, the 32 owner may maintain an action for indemnification against the operator. 33 2. Notwithstanding any other provision of this section, no owner of a 34 vehicle shall be subject to a monetary fine imposed pursuant to this 35 section if the operator of such vehicle was operating such vehicle with- 36 out the consent of the owner at the time such operator failed to obey a 37 traffic-control indication. For purposes of this subdivision there shall 38 be a presumption that the operator of such vehicle was operating such 39 vehicle with the consent of the owner at the time such operator failed 40 to obey a traffic-control indication. 41 (l) Nothing in this section shall be construed to limit the liability 42 of an operator of a vehicle for any violation of subdivision (d) of 43 section eleven hundred eleven of this article. 44 (m) When the village has established a demonstration program pursuant 45 to this section, all fines and penalties collected under such program 46 shall be distributed in accordance with subdivision ten of section eigh- 47 teen hundred three of this chapter. 48 (n) Any village that adopts a demonstration program pursuant to subdi- 49 vision (a) of this section shall submit an annual report detailing the 50 results of the use of such traffic-control signal photo violation-moni- 51 toring system to the governor, the temporary president of the senate and 52 the speaker of the assembly on or before June first, two thousand twen- 53 ty-one and on the same date in each succeeding year in which the demon- 54 stration program is operable. Such report shall include, but not be 55 limited to:S. 8137 21 1 1. a description of the locations where traffic-control signal photo 2 violation-monitoring systems were used; 3 2. the aggregate number, type and severity of accidents reported at 4 intersections where a traffic-control signal photo violation-monitoring 5 system is used for the three years preceding the installation of such 6 system, to the extent the information is maintained by the department; 7 3. the aggregate number, type and severity of accidents reported at 8 intersections where a traffic-control signal photo violation-monitoring 9 system is used for the reporting year, as well as for each year that the 10 traffic-control signal photo violation-monitoring system has been opera- 11 tional, to the extent the information is maintained by the department; 12 4. the number of events and number of violations recorded at each 13 intersection where a traffic-control signal photo violation-monitoring 14 system is used and in the aggregate on a daily, weekly and monthly 15 basis; 16 5. the number of notices of liability issued for violations recorded 17 by such system at each intersection where a traffic-control signal photo 18 violation-monitoring system is used; 19 6. the number of fines imposed and total amount of fines paid after 20 first notice of liability; 21 7. the number and percentage of violations adjudicated and results of 22 such adjudications including breakdowns of disposition made for 23 violations recorded by such systems which shall be provided at least 24 annually to such village by the respective courts and bureaus conducting 25 such adjudications; 26 8. the total amount of revenue realized by such village from such 27 adjudications including a breakdown of revenue realized by such village 28 for each year since deployment of its traffic-control signal photo 29 violation-monitoring system; 30 9. expenses incurred by such village in connection with the program; 31 and 32 10. quality of the adjudication process and its results which shall be 33 provided at least annually to such village by the respective courts and 34 bureaus conducting such adjudications. 35 (o) It shall be a defense to any prosecution for a violation of subdi- 36 vision (d) of section eleven hundred eleven of this article pursuant to 37 a local law or ordinance adopted pursuant to this section that such 38 traffic-control indications were malfunctioning at the time of the 39 alleged violation. 40 § 12. This act shall take effect immediately; provided, however that 41 section eleven of this act shall take effect on the thirtieth day after 42 it shall have become a law and shall expire on December 1, 2025, when 43 upon such date the provisions of section eleven of this act shall be 44 deemed repealed; provided, further, that any such local law as may be 45 enacted pursuant to section eleven of this act shall remain in full 46 force and effect only until December 1, 2025.