Bill Text: NY S09031 | 2017-2018 | General Assembly | Introduced


Bill Title: Requires a resolution by the board of trustees of a school district to authorize the installation, administration, operation, notice processing and maintenance of and use of photo monitoring devices on school buses to detect and record vehicles illegally passing or overtaking a school bus; provides for owner liability of a motor vehicle detected by a camera to have illegally passed or overtaken a school bus; provides that liability shall be a monetary penalty in the amount of two hundred fifty dollars; relates to photo speed violation monitoring systems in school zones in the city of New York; and establishes in the city of Buffalo a demonstration program implementing speed violation monitoring systems in school speed zones by means of photo devices.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-06-14 - REFERRED TO RULES [S09031 Detail]

Download: New_York-2017-S09031-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          9031
                    IN SENATE
                                      June 14, 2018
                                       ___________
        Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
        AN ACT to amend the education law and the vehicle and  traffic  law,  in
          relation  to authorizing the installation and use of safety cameras on
          school buses for the purpose of monitoring overtaking  and passing  of
          school  bus  violations;  to  amend  the  vehicle  and traffic law, in
          relation to photo speed violation monitoring systems in  school  speed
          zones  in  the  city  of  New York; to amend chapter 43 of the laws of
          2014, amending the vehicle and traffic law, the  public  officers  law
          and  the general municipal law relating to photo speed violation moni-
          toring systems in school speed zones in  the  city  of  New  York,  in
          relation to making technical corrections thereto; to amend chapter 189
          of  the  laws  of  2013,  amending the vehicle and traffic law and the
          public officers law relating to establishing in a city  with  a  popu-
          lation  of  one  million  or more a demonstration program implementing
          speed violation monitoring systems in school speed zones by  means  of
          photo  devices, in relation to the effectiveness thereof; to amend the
          vehicle and traffic law and the public officers law,  in  relation  to
          establishing in the city of Buffalo a demonstration program implement-
          ing  speed violation monitoring systems in school speed zones by means
          of photo devices; 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. Legislative findings  and  intent.  The  transportation  of
     2  school  children  to  and  from  school is an important component of the
     3  state's obligation to ensure adequate support of a public school  system
     4  for  the  education  of  all  children of the State. Safely transporting
     5  students to and from school is necessary to afford all children  of  the
     6  State  an  education.    School  bus cameras and speed cameras in school
     7  zones contribute to students'  safety  and  reduce  unnecessary  dangers
     8  students  face  when  travelling to school. Furthermore, high population
     9  cities in New York have more students living in close proximity  to  the
    10  students'  schools,  so  the use of photo enforcement to deter motorists
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16291-02-8

        S. 9031                             2
     1  from passing stopped school buses and speeding in school zones helps  to
     2  ensure that students are less at risk when walking or riding to and from
     3  school.  Therefore,  the  legislature  finds  and  declares that it is a
     4  substantial  state  concern, with an impact well beyond a single munici-
     5  pality, to ensure safe access  to  schools  through  the  use  of  photo
     6  enforcement as provided in this act.
     7    §  2.  Section  1604  of  the education law is amended by adding a new
     8  subdivision 43 to read as follows:
     9    43. To pass, in the discretion of the trustees, a resolution authoriz-
    10  ing the use of school bus cameras pursuant  to  section  eleven  hundred
    11  eighteen  of the vehicle and traffic law, provided that the trustees may
    12  also enter into contracts with  a  third  party  for  the  installation,
    13  administration,  operation,  notice  processing, and maintenance of such
    14  cameras, and for the sharing of revenue derived from such cameras pursu-
    15  ant to section eleven hundred eighteen of the vehicle and  traffic  law,
    16  provided  that  the purchase, lease, installation, operation and mainte-
    17  nance, or any other costs associated with  such  cameras  shall  not  be
    18  considered  an  aidable  expense  pursuant to section thirty-six hundred
    19  twenty-three-a of this chapter.
    20    § 3. Section 1709 of the education law is  amended  by  adding  a  new
    21  subdivision 43 to read as follows:
    22    43.  To pass a resolution, in the discretion of the board, authorizing
    23  the use of school bus cameras pursuant to section eleven  hundred  eigh-
    24  teen  of  the  vehicle and traffic law, provided that the board may also
    25  enter into contracts with a third party for the  installation,  adminis-
    26  tration,  operation, notice processing, and maintenance of such cameras,
    27  and for the sharing of revenue derived from  such  cameras  pursuant  to
    28  section eleven hundred eighteen of the vehicle and traffic law, provided
    29  that  the  purchase,  lease, installation, operation and maintenance, or
    30  any other costs associated with such cameras shall not be considered  an
    31  aidable expense pursuant to section thirty-six hundred twenty-three-a of
    32  this chapter.
    33    §  4.  The  vehicle and traffic law is amended by adding a new section
    34  1118 to read as follows:
    35    § 1118. Owner liability for operator illegally overtaking or passing a
    36  school bus. (a) 1. Notwithstanding any  other  provision  of  law,  each
    37  board of education or trustees of a school district is hereby authorized
    38  and  empowered to adopt and amend a resolution establishing a school bus
    39  safety camera program imposing monetary liability  on  the  owner  of  a
    40  vehicle for failure of an operator thereof to comply with section eleven
    41  hundred  seventy-four  of this title. Such program shall empower a board
    42  of education or school district or school bus transportation  contractor
    43  that  has  contracted  with  such school district to  install school bus
    44  safety cameras upon school buses operated by  or  contracted  with  such
    45  district.
    46    2. Such program shall utilize necessary technologies to ensure, to the
    47  extent  practicable, that photographs produced by such school bus safety
    48  cameras shall not include images that identify the driver,  the  passen-
    49  gers,  or the contents of the vehicle. Provided, however, that no notice
    50  of liability issued pursuant to this section shall be  dismissed  solely
    51  because  a photograph or photographs allow for the identification of the
    52  contents of a vehicle, provided that such school  district  has  made  a
    53  reasonable effort to comply with the provisions of this paragraph.
    54    (b)  In any school district which has adopted a resolution pursuant to
    55  subdivision (a) of this section, the owner of a vehicle shall be  liable
    56  for a penalty imposed pursuant to  this section if such vehicle was used

        S. 9031                             3
     1  or  operated  with  the  permission of the owner, express or implied, in
     2  violation of subdivision (a) of section eleven hundred  seventy-four  of
     3  this title, and such violation is evidenced by information obtained from
     4  a  school bus safety camera; provided however that no owner of a vehicle
     5  shall be liable for a penalty imposed pursuant to this section where the
     6  operator of such vehicle has been convicted of the underlying  violation
     7  of subdivision (a) of section eleven hundred seventy-four of this title.
     8    (c)  For  purposes  of  this  section,  "owner" shall have the meaning
     9  provided in article two-B of this chapter. For purposes of this section,
    10  "school bus safety camera" shall  mean  an  automated  photo  monitoring
    11  device  affixed  to the outside of a school bus and designated to detect
    12  and store one or more images of motor vehicles  that  overtake  or  pass
    13  school  buses  in violation of subdivision (a) of section eleven hundred
    14  seventy-four of this title.
    15    (d) No school district or school bus  transportation  contractor  that
    16  has  installed  cameras pursuant to this section shall access the images
    17  from such cameras but shall provide, pursuant to an agreement  with  the
    18  appropriate  law enforcement agency or agencies, for the proper handling
    19  and custody of such images for the forwarding of such images  from  such
    20  cameras  to  a law enforcement agency having jurisdiction in the area in
    21  which the violation  occurred  for  the  purpose  of  imposing  monetary
    22  liability  on  the  owner of a motor vehicle for illegally overtaking or
    23  passing a school bus in violation of subdivision (a) of  section  eleven
    24  hundred  seventy-four  of  this  title.  After  receipt of such images a
    25  police  officer  shall  inspect  such  images  to  determine  whether  a
    26  violation  of  subdivision (a) of section eleven hundred seventy-four of
    27  this title was committed. Upon such a finding a certificate, sworn to or
    28  affirmed by an officer of such agency, or  a  facsimile  thereof,  based
    29  upon  inspection  of  photographs,  microphotographs  or  other recorded
    30  images produced by a school bus safety  camera,  shall  be  prima  facie
    31  evidence  of  the  facts contained therein. Any photographs, microphoto-
    32  graphs or other recorded images evidencing such  a  violation  shall  be
    33  available  for  inspection in any proceeding to adjudicate the liability
    34  for such violation.
    35    (e) An owner found liable pursuant to this section for a violation  of
    36  subdivision  (a)  of  section  eleven hundred seventy-four of this title
    37  shall be liable for a monetary penalty of two hundred fifty dollars.
    38    (e-1) Payment of the monetary penalty imposed by  subdivision  (e)  of
    39  this  section  shall  be payable to the municipality where the violation
    40  occurred, provided however, the school district shall be entitled  to  a
    41  portion  of  the  monetary  penalty  that  equals the cost to the school
    42  district of purchasing and maintaining the cameras. Nothing herein shall
    43  prevent the municipality from entering into a memorandum of  understand-
    44  ing  with  the  school  district to return an additional portion of such
    45  penalty received to the school district.
    46    (f) An imposition of liability under this section shall not be  deemed
    47  a  conviction as an operator and shall not be made part of the operating
    48  record of the person upon whom such liability is imposed nor shall it be
    49  used for insurance purposes in the provision of motor vehicle  insurance
    50  coverage.
    51    (g)  1.  A  notice  of  liability  shall be sent by the respective law
    52  enforcement agency by first class mail to  each  person  alleged  to  be
    53  liable  as an owner for a violation of subdivision (a) of section eleven
    54  hundred seventy-four of this title pursuant to  this  section.  Personal
    55  delivery  on  the  owner  shall  not  be required. A manual or automatic

        S. 9031                             4
     1  record of mailing prepared in the ordinary course of business  shall  be
     2  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  subdivision
     5  (a)  of  section  eleven  hundred seventy-four of this title pursuant to
     6  this section, the registration number of the vehicle  involved  in  such
     7  violation,  the  location  where such violation took place, the date and
     8  time of such violation and the identification number of the camera which
     9  recorded the violation or other document locator number.
    10    3. The notice of liability  shall  contain  information  advising  the
    11  person  charged  of  the manner and the time in which he may contest the
    12  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 respec-
    17  tive  law enforcement agency having jurisdiction over the location where
    18  the violation occurred.
    19    (h) Adjudication of the liability imposed upon owners by this  section
    20  shall  be by a traffic violations bureau established pursuant to section
    21  three hundred seventy of the general municipal law or, if there be none,
    22  by the court having jurisdiction over traffic infractions,  except  that
    23  any  city which has established or designated an administrative tribunal
    24  to hear and determine owner liability established by  this  article  for
    25  failure to comply with traffic-control indications shall use such tribu-
    26  nal to adjudicate the liability imposed by this section.
    27    (i)  If  an  owner  receives  a  notice  of liability pursuant to this
    28  section for any time period during which the vehicle was reported  to  a
    29  police  department as having been stolen, it shall be a valid defense to
    30  an allegation of liability for a violation of subdivision (a) of section
    31  eleven hundred seventy-four of this title pursuant to this section  that
    32  the  vehicle had been reported to the police as stolen prior to the time
    33  the violation occurred and had not been  recovered  by  such  time.  For
    34  purposes  of asserting the defense provided by this subdivision it shall
    35  be sufficient that a certified copy of the police report on  the  stolen
    36  vehicle  be  sent  by first class mail to the traffic violations bureau,
    37  court having jurisdiction or parking violations bureau.
    38    (j) Where the adjudication of liability imposed upon  owners  pursuant
    39  to  this  section  is  by an administrative tribunal, traffic violations
    40  bureau, or a court having jurisdiction, an owner who is a  lessor  of  a
    41  vehicle  to  which a notice of liability was issued pursuant to subdivi-
    42  sion (g) of this section shall not be liable for the violation of subdi-
    43  vision (a)  of  section  eleven  hundred  seventy-four  of  this  title,
    44  provided  that  he  or she sends to the administrative tribunal, traffic
    45  violations bureau, or court having jurisdiction a copy  of  the  rental,
    46  lease  or other such contract document covering such vehicle on the date
    47  of the violation, with the name and address of the lessee clearly  legi-
    48  ble,  within thirty-seven days after receiving notice from the bureau or
    49  court of the date and time of such violation, together  with  the  other
    50  information  contained  in  the original notice of liability. Failure to
    51  send such information within such thirty-seven  day  time  period  shall
    52  render  the  owner  liable  for  the penalty prescribed by this section.
    53  Where the lessor complies with the provisions  of  this  paragraph,  the
    54  lessee  of such vehicle on the date of such violation shall be deemed to
    55  be the owner of such vehicle for purposes  of  this  section,  shall  be
    56  subject  to  liability  for  the violation of subdivision (a) of section

        S. 9031                             5
     1  eleven hundred seventy-four of this title pursuant to this  section  and
     2  shall  be sent a notice of liability pursuant to subdivision (g) of this
     3  section.
     4    (k)  1.  If  the  owner  liable  for a violation of subdivision (a) of
     5  section eleven hundred seventy-four  of  this  title  pursuant  to  this
     6  section  was  not  the  operator  of  the  vehicle  at  the  time of the
     7  violation, the owner may maintain an action for indemnification  against
     8  the operator.
     9    2.  Notwithstanding any other provision of this section, no owner of a
    10  vehicle shall be subject to a monetary fine  imposed  pursuant  to  this
    11  section if the operator of such vehicle was operating such vehicle with-
    12  out the consent of the owner at the time such operator was found to have
    13  been  overtaking  or passing a school bus. For purposes of this subdivi-
    14  sion there shall be a presumption that the operator of such vehicle  was
    15  operating  such  vehicle  with the consent of the owner at the time such
    16  operator was found to have been overtaking or passing a school bus.
    17    (l) Nothing in this section shall be construed to limit the  liability
    18  of  an  operator  of  a  vehicle for any violation of subdivision (a) of
    19  section eleven hundred seventy-four of this title.
    20    (m) In any school district which adopts a  school  bus  safety  camera
    21  program  pursuant  to  subdivision  (a)  of  this  section,  such school
    22  district shall submit an annual report on the results of the use of  its
    23  school  bus  safety  cameras to the governor, the temporary president of
    24  the senate and the speaker of the assembly on or before June first,  two
    25  thousand  nineteen and on the same date in each succeeding year in which
    26  the demonstration program is operable. Such report  shall  include,  but
    27  not be limited to:
    28    1.  a  description  of the number of buses and routes where school bus
    29  safety cameras were used;
    30    2. the aggregate number of annual incidents of violations of  subdivi-
    31  sion (a) of section eleven hundred seventy-four of this title within the
    32  districts;
    33    3.  the  number of violations recorded by school bus safety cameras in
    34  the aggregate and on a daily, weekly and monthly basis;
    35    4. the total number of notices  of  liability  issued  for  violations
    36  recorded by such systems;
    37    5.  the  number  of  fines  and total amount of fines paid after first
    38  notice of liability issued for violations recorded by such systems;
    39    6. the number of violations adjudicated and results  of  such  adjudi-
    40  cations   including  breakdowns  of  dispositions  made  for  violations
    41  recorded by such systems;
    42    7. the total amount of revenue realized by such school  district  from
    43  such adjudications;
    44    8.  expenses  incurred  by such school district in connection with the
    45  program; and
    46    9. quality of the adjudication process and its results.
    47    (n) It shall be a defense to any prosecution for a violation of subdi-
    48  vision (a) of section eleven hundred seventy-four  of  this  title  that
    49  such  school  bus  safety cameras were malfunctioning at the time of the
    50  alleged violation.
    51    § 5. Paragraph 1 of subdivision (a) of section 1180-b of  the  vehicle
    52  and  traffic  law,  as  amended  by  chapter  43 of the laws of 2014, is
    53  amended to read as follows:
    54    1. Notwithstanding any other provision of law, the city of New York is
    55  hereby authorized to establish a demonstration program imposing monetary
    56  liability on the owner of a vehicle for failure of an  operator  thereof

        S. 9031                             6
     1  to comply with posted maximum speed limits in a school speed zone within
     2  [the]  such  city (i) when a school speed limit is in effect as provided
     3  in paragraphs one and two of subdivision (c) of section  eleven  hundred
     4  eighty  of this article or (ii) when other speed limits are in effect as
     5  provided in subdivision (b), (d), (f) or (g) of section  eleven  hundred
     6  eighty  of  this  article during the following times: (A) on school days
     7  during school hours and one hour before and one hour  after  the  school
     8  day,  and (B) a period during student activities at the school and up to
     9  thirty minutes immediately before and up to thirty  minutes  immediately
    10  after  such student activities. Such demonstration program shall empower
    11  the city of New York to install photo speed violation monitoring systems
    12  within no more than [one hundred forty] two hundred ninety school  speed
    13  zones within [the] such city at any one time and to operate such systems
    14  within  such  zones  (iii)  when  a  school  speed limit is in effect as
    15  provided in paragraphs one and two of subdivision (c) of section  eleven
    16  hundred  eighty  of  this article or (iv) when other speed limits are in
    17  effect as provided in subdivision (b), (d), (f) or (g) of section eleven
    18  hundred eighty of this article during the following times: (A) on school
    19  days during school hours and one hour before  and  one  hour  after  the
    20  school day, and (B) a period during student activities at the school and
    21  up  to  thirty minutes immediately before and up to thirty minutes imme-
    22  diately after such student activities.  In selecting a school speed zone
    23  in which to install and  operate  a  photo  speed  violation  monitoring
    24  system,  the city of New York shall consider criteria including, but not
    25  limited to, the speed data, crash  history,  and  the  roadway  geometry
    26  applicable  to  such  school  speed zone. Such city shall prioritize the
    27  placement of photo speed violation monitoring systems  in  school  speed
    28  zones based upon speed data or the crash history of a school speed zone.
    29  A  photo  speed  violation  monitoring  system shall not be installed or
    30  operated on a  controlled-access  highway  exit  ramp  or  within  three
    31  hundred  feet  along  a  highway  that continues from the end of a cont-
    32  rolled-access highway exit ramp.
    33    § 6. Paragraph 2 of subdivision (a) of section 1180-b of  the  vehicle
    34  and traffic law, as added by chapter 189 of the laws of 2013, is amended
    35  to read as follows:
    36    2.  No  photo  speed  violation  monitoring  system shall be used in a
    37  school speed zone unless (i) on the day it is to be used it has success-
    38  fully passed a self-test of its functions; and (ii) it has undergone  an
    39  annual  calibration  check  performed pursuant to paragraph four of this
    40  subdivision. The city [may] shall install signs  giving  notice  that  a
    41  photo  speed  violation  monitoring  system  is  in use to be mounted on
    42  advance warning signs notifying approaching motor vehicle  operators  of
    43  such  upcoming  school speed zone and/or on speed limit signs applicable
    44  within such school speed zone, in conformance with standards established
    45  in the MUTCD. Such advance warning  signs  shall  also,  to  the  extent
    46  authorized  by  the MUTCD, contain the words "speed camera ahead" and be
    47  no more than three hundred feet from such photo speed violation monitor-
    48  ing system.
    49    § 7. Paragraph 4 of subdivision (c) of section 1180-b of  the  vehicle
    50  and traffic law, as added by chapter 189 of the laws of 2013, is amended
    51  to read as follows:
    52    4.  "school speed zone" shall mean a radial distance not to exceed one
    53  thousand three hundred twenty feet [on a highway passing] from a  school
    54  building, entrance, or exit [of a school abutting on the highway].

        S. 9031                             7
     1    § 8. Subdivision (n) of section 1180-b of the vehicle and traffic law,
     2  as  added  by  chapter  189  of  the laws of 2013, is amended to read as
     3  follows:
     4    (n) If the city adopts a demonstration program pursuant to subdivision
     5  [one]  (a)  of  this  section it shall conduct a study and submit [a] an
     6  annual report on the results of the use of photo devices to  the  gover-
     7  nor, the temporary president of the senate and the speaker of the assem-
     8  bly  on or before June first, two thousand nineteen and on the same date
     9  in each succeeding year in which the demonstration program is  operable.
    10  Such report shall include:
    11    1. the locations where and dates when photo speed violation monitoring
    12  systems were used;
    13    2.  the  aggregate  number,  type and severity of crashes, fatalities,
    14  injuries and property damage reported  within  all  school  speed  zones
    15  within  the  city,  to  the  extent the information is maintained by the
    16  department of motor vehicles of this state;
    17    3. the aggregate number, type and  severity  of  crashes,  fatalities,
    18  injuries  and  property  damage reported within school speed zones where
    19  photo speed violation monitoring systems were used, to  the  extent  the
    20  information  is  maintained  by the department of motor vehicles of this
    21  state;
    22    4. the number of violations recorded within  all  school  speed  zones
    23  within the city, in the aggregate on a daily, weekly and monthly basis;
    24    5.  the  number  of  violations recorded within each school speed zone
    25  where a photo speed violation monitoring system is used, in  the  aggre-
    26  gate on a daily, weekly and monthly basis;
    27    6.  the  number  of  violations recorded within all school speed zones
    28  within the city that were:
    29    (i) more than ten but not more than twenty miles  per  hour  over  the
    30  posted speed limit;
    31    (ii) more than twenty but not more than thirty miles per hour over the
    32  posted speed limit;
    33    (iii) more than thirty but not more than forty miles per hour over the
    34  posted speed limit; and
    35    (iv) more than forty miles per hour over the posted speed limit;
    36    7.  the  number  of  violations recorded within each school speed zone
    37  where a photo speed violation monitoring system is used that were:
    38    (i) more than ten but not more than twenty miles  per  hour  over  the
    39  posted speed limit;
    40    (ii) more than twenty but not more than thirty miles per hour over the
    41  posted speed limit;
    42    (iii) more than thirty but not more than forty miles per hour over the
    43  posted speed limit; and
    44    (iv) more than forty miles per hour over the posted speed limit;
    45    8.  the  total  number  of  notices of liability issued for violations
    46  recorded by such systems;
    47    9. the number of fines and total amount of fines paid after the  first
    48  notice of liability issued for violations recorded by such systems;
    49    10. the number of violations adjudicated and the results of such adju-
    50  dications  including  breakdowns  of  dispositions  made  for violations
    51  recorded by such systems;
    52    11. the total amount of revenue realized by  the  city  in  connection
    53  with the program;
    54    12.  the expenses incurred by the city in connection with the program;
    55  [and]
    56    13. the quality of the adjudication process and its results; and

        S. 9031                             8
     1    14. the effectiveness and adequacy of the hours of operation for  such
     2  program to determine the impact on speeding violations and prevention of
     3  crashes.
     4    §  9. The opening paragraph of section 12 of chapter 43 of the laws of
     5  2014, amending the vehicle and traffic law, the public officers law  and
     6  the  general  municipal law relating to photo speed violation monitoring
     7  systems in school speed zones in the city of New  York,  is  amended  to
     8  read as follows:
     9    This  act  shall  take effect on the thirtieth day after it shall have
    10  become a law [and]; provided that sections one through ten of  this  act
    11  shall  expire  4 years after such effective date when upon such date the
    12  provisions of such sections of this act shall be  deemed  repealed;  and
    13  provided further that any rules necessary for the implementation of this
    14  act  on its effective date shall be promulgated on or before such effec-
    15  tive date, provided that:
    16    § 10. The opening paragraph of section 15 of chapter 189 of  the  laws
    17  of  2013,  amending  the vehicle and traffic law and the public officers
    18  law relating to establishing in a city with a population of one  million
    19  or  more a demonstration program implementing speed violation monitoring
    20  systems in school speed zones by means of photo devices, is  amended  to
    21  read as follows:
    22    This  act  shall  take effect on the thirtieth day after it shall have
    23  become a law and shall expire [5 years after such  effective  date  when
    24  upon  such date the provisions of this act shall] and be deemed repealed
    25  July 1, 2022; and provided further that  any  rules  necessary  for  the
    26  implementation of this act on its effective date shall be promulgated on
    27  or before such effective date, provided that:
    28    §  11.  Photo speed violation monitoring systems within the additional
    29  150 school speed zones authorized for the city of New York by  paragraph
    30  1  of  subdivision (a) of section 1180-b of the vehicle and traffic law,
    31  as amended by section one  of  this  act,  shall  be  authorized  to  be
    32  installed  over  the  3 year period following the effective date of this
    33  act as follows:
    34    (a) in no more than 50 school speed zones during the first such year;
    35    (b) in no more than 50 additional school speed zones during the second
    36  such year; and
    37    (c) in no more than 50 additional school speed zones during the  third
    38  such year.
    39    §  12. Subdivision 1 of section 235 of the vehicle and traffic law, as
    40  amended by section 1 of chapter 222 of the laws of 2015, is  amended  to
    41  read as follows:
    42    1.  Notwithstanding any inconsistent provision of any general, special
    43  or local law or administrative code to the contrary, in any  city  which
    44  heretofore  or  hereafter  is  authorized to establish an administrative
    45  tribunal to hear and determine complaints of traffic infractions consti-
    46  tuting parking, standing or stopping violations, or  to  adjudicate  the
    47  liability  of owners for violations of subdivision (d) of section eleven
    48  hundred eleven of this chapter in accordance with section eleven hundred
    49  eleven-a of this chapter, or to adjudicate the liability of  owners  for
    50  violations  of  subdivision (d) of section eleven hundred eleven of this
    51  chapter in accordance with sections  eleven  hundred  eleven-b  of  this
    52  chapter as added by sections sixteen of chapters twenty, twenty-one, and
    53  twenty-two  of  the  laws  of  two  thousand  nine, or to adjudicate the
    54  liability of owners for violations of subdivision (d) of section  eleven
    55  hundred eleven of this chapter in accordance with section eleven hundred
    56  eleven-d  of  this chapter, or to adjudicate the liability of owners for

        S. 9031                             9
     1  violations of subdivision (d) of section eleven hundred eleven  of  this
     2  chapter in accordance with section eleven hundred eleven-e of this chap-
     3  ter,  or  to  adjudicate  the liability of owners for violations of toll
     4  collection  regulations  as  defined  in  and  in  accordance  with  the
     5  provisions of section two  thousand  nine  hundred  eighty-five  of  the
     6  public  authorities  law and sections sixteen-a, sixteen-b and sixteen-c
     7  of chapter seven hundred seventy-four of the laws  of  nineteen  hundred
     8  fifty,  or  to adjudicate liability of owners in accordance with section
     9  eleven hundred eleven-c of this  chapter  for  violations  of  bus  lane
    10  restrictions as defined in subdivision (b), (c), (d), (f) or (g) of such
    11  section,  or  to  adjudicate  the  liability of owners for violations of
    12  section eleven hundred eighty of this chapter in accordance with section
    13  eleven hundred eighty-b of this chapter, or to adjudicate the  liability
    14  of  owners for violations of section eleven hundred eighty of this chap-
    15  ter in accordance with section eleven hundred eighty-d of this  chapter,
    16  such  tribunal and the rules and regulations pertaining thereto shall be
    17  constituted in substantial conformance with the following sections.
    18    § 12-a. Section 235 of the vehicle and  traffic  law,  as  amended  by
    19  section  1-a  of  chapter 222 of the laws of 2015, is amended to read as
    20  follows:
    21    § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
    22  general, special or local law or administrative code to the contrary, in
    23  any city which heretofore or hereafter is  authorized  to  establish  an
    24  administrative  tribunal  to  hear  and  determine complaints of traffic
    25  infractions constituting parking, standing or stopping violations, or to
    26  adjudicate the liability of owners for violations of subdivision (d)  of
    27  section eleven hundred eleven of this chapter in accordance with section
    28  eleven  hundred eleven-a of this chapter, or to adjudicate the liability
    29  of owners for violations of subdivision (d) of  section  eleven  hundred
    30  eleven  of  this  chapter  in  accordance  with  sections eleven hundred
    31  eleven-b of this chapter as added by sections sixteen of chapters  twen-
    32  ty,  twenty-one,  and twenty-two of the laws of two thousand nine, or to
    33  adjudicate the liability of owners for violations of subdivision (d)  of
    34  section eleven hundred eleven of this chapter in accordance with section
    35  eleven  hundred eleven-d of this chapter, or to adjudicate the liability
    36  of owners for violations of subdivision (d) of  section  eleven  hundred
    37  eleven  of  this  chapter  in  accordance  with  section  eleven hundred
    38  eleven-e of this chapter, or to adjudicate the liability of  owners  for
    39  violations  of  toll collection regulations as defined in and in accord-
    40  ance with the provisions of section two thousand  nine  hundred  eighty-
    41  five of the public authorities law and sections sixteen-a, sixteen-b and
    42  sixteen-c  of chapter seven hundred seventy-four of the laws of nineteen
    43  hundred fifty, or to adjudicate liability of owners in  accordance  with
    44  section  eleven  hundred  eleven-c of this chapter for violations of bus
    45  lane restrictions as defined in  such  section,  or  to  adjudicate  the
    46  liability  of owners for violations of subdivision (b), (c), (d), (f) or
    47  (g) of section eleven hundred eighty of this chapter in accordance  with
    48  section  eleven  hundred  eighty-b of this chapter, or to adjudicate the
    49  liability of owners for violations of subdivision (b), (c), (d), (f)  or
    50  (g)  of section eleven hundred eighty of this chapter in accordance with
    51  section eleven hundred eighty-d of this chapter, such tribunal  and  the
    52  rules  and  regulations  pertaining  thereto  shall  be  constituted  in
    53  substantial conformance with the following sections.
    54    § 12-b. Section 235 of the vehicle and  traffic  law,  as  amended  by
    55  section  1-b  of  chapter 222 of the laws of 2015, is amended to read as
    56  follows:

        S. 9031                            10
     1    § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
     2  general, special or local law or administrative code to the contrary, in
     3  any city which heretofore or hereafter is  authorized  to  establish  an
     4  administrative  tribunal  to  hear  and  determine complaints of traffic
     5  infractions constituting parking, standing or stopping violations, or to
     6  adjudicate  the liability of owners for violations of subdivision (d) of
     7  section eleven  hundred  eleven  of  this  chapter  in  accordance  with
     8  sections  eleven  hundred  eleven-b of this chapter as added by sections
     9  sixteen of chapters twenty, twenty-one, and twenty-two of  the  laws  of
    10  two  thousand  nine,  or  to  adjudicate  the  liability  of  owners for
    11  violations of subdivision (d) of section eleven hundred eleven  of  this
    12  chapter in accordance with section eleven hundred eleven-d of this chap-
    13  ter, or to adjudicate the liability of owners for violations of subdivi-
    14  sion  (d) of section eleven hundred eleven of this chapter in accordance
    15  with section eleven hundred eleven-e of this chapter, or  to  adjudicate
    16  the liability of owners for violations of toll collection regulations as
    17  defined in and in accordance with the provisions of section two thousand
    18  nine  hundred  eighty-five  of  the  public authorities law and sections
    19  sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
    20  of the laws of nineteen hundred fifty, or  to  adjudicate  liability  of
    21  owners  in accordance with section eleven hundred eleven-c of this chap-
    22  ter for violations of bus lane restrictions as defined in such  section,
    23  or  to  adjudicate the liability of owners for violations of subdivision
    24  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    25  ter in accordance with section eleven hundred eighty-b of this  chapter,
    26  or  to  adjudicate the liability of owners for violations of subdivision
    27  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    28  ter in accordance with section eleven hundred eighty-d of this  chapter,
    29  such  tribunal and the rules and regulations pertaining thereto shall be
    30  constituted in substantial conformance with the following sections.
    31    § 12-c. Section 235 of the vehicle and  traffic  law,  as  amended  by
    32  section  1-c  of  chapter 222 of the laws of 2015, is amended to read as
    33  follows:
    34    § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
    35  general, special or local law or administrative code to the contrary, in
    36  any city which heretofore or hereafter is  authorized  to  establish  an
    37  administrative  tribunal  to  hear  and  determine complaints of traffic
    38  infractions constituting parking, standing or stopping violations, or to
    39  adjudicate the liability of owners for violations of subdivision (d)  of
    40  section eleven hundred eleven of this chapter in accordance with section
    41  eleven  hundred eleven-d of this chapter, or to adjudicate the liability
    42  of owners for violations of subdivision (d) of  section  eleven  hundred
    43  eleven  of  this  chapter  in  accordance  with  section  eleven hundred
    44  eleven-e of this chapter, or to adjudicate the liability of  owners  for
    45  violations  of  toll collection regulations as defined in and in accord-
    46  ance with the provisions of section two thousand  nine  hundred  eighty-
    47  five of the public authorities law and sections sixteen-a, sixteen-b and
    48  sixteen-c  of chapter seven hundred seventy-four of the laws of nineteen
    49  hundred fifty, or to adjudicate liability of owners in  accordance  with
    50  section  eleven  hundred  eleven-c of this chapter for violations of bus
    51  lane restrictions as defined in  such  section,  or  to  adjudicate  the
    52  liability  of owners for violations of subdivision (b), (c), (d), (f) or
    53  (g) of section eleven hundred eighty of this chapter in accordance  with
    54  section  eleven  hundred  eighty-b of this chapter, or to adjudicate the
    55  liability of owners for violations of subdivision (b), (c), (d), (f)  or
    56  (g)  of section eleven hundred eighty of this chapter in accordance with

        S. 9031                            11
     1  section eleven hundred eighty-d of this chapter, such tribunal  and  the
     2  rules  and  regulations  pertaining  thereto  shall  be  constituted  in
     3  substantial conformance with the following sections.
     4    §  12-d.  Section  235  of  the vehicle and traffic law, as amended by
     5  section 1-d of chapter 222 of the laws of 2015, is amended  to  read  as
     6  follows:
     7    § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
     8  general, special or local law or administrative code to the contrary, in
     9  any  city  which  heretofore  or hereafter is authorized to establish an
    10  administrative tribunal to hear  and  determine  complaints  of  traffic
    11  infractions constituting parking, standing or stopping violations, or to
    12  adjudicate  the liability of owners for violations of subdivision (d) of
    13  section eleven hundred eleven of this chapter in accordance with section
    14  eleven hundred eleven-d of this chapter, or to adjudicate the  liability
    15  of  owners  for  violations of subdivision (d) of section eleven hundred
    16  eleven of  this  chapter  in  accordance  with  section  eleven  hundred
    17  eleven-e  of  this chapter, or to adjudicate the liability of owners for
    18  violations of toll collection regulations as defined in and  in  accord-
    19  ance  with  the  provisions of section two thousand nine hundred eighty-
    20  five of the public authorities law and sections sixteen-a, sixteen-b and
    21  sixteen-c of chapter seven hundred seventy-four of the laws of  nineteen
    22  hundred  fifty,  or  to adjudicate liability of owners for violations of
    23  subdivisions (c) and (d) of section eleven hundred eighty of this  chap-
    24  ter  in accordance with section eleven hundred eighty-b of this chapter,
    25  or to adjudicate the liability of owners for violations  of  subdivision
    26  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    27  ter  in accordance with section eleven hundred eighty-d of this chapter,
    28  such tribunal and the rules and regulations pertaining thereto shall  be
    29  constituted in substantial conformance with the following sections.
    30    §  12-e.  Section  235  of  the vehicle and traffic law, as amended by
    31  section 1-e of chapter 222 of the laws of 2015, is amended  to  read  as
    32  follows:
    33    § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
    34  general, special or local law or administrative code to the contrary, in
    35  any  city  which  heretofore  or hereafter is authorized to establish an
    36  administrative tribunal to hear  and  determine  complaints  of  traffic
    37  infractions constituting parking, standing or stopping violations, or to
    38  adjudicate  the liability of owners for violations of subdivision (d) of
    39  section eleven hundred eleven of this chapter in accordance with section
    40  eleven hundred eleven-d of this chapter, or to adjudicate the  liability
    41  of  owners  for  violations of subdivision (d) of section eleven hundred
    42  eleven of  this  chapter  in  accordance  with  section  eleven  hundred
    43  eleven-e  of  this chapter, or to adjudicate the liability of owners for
    44  violations of toll collection regulations as defined in and  in  accord-
    45  ance  with  the  provisions of section two thousand nine hundred eighty-
    46  five of the public authorities law and sections sixteen-a, sixteen-b and
    47  sixteen-c of chapter seven hundred seventy-four of the laws of  nineteen
    48  hundred  fifty,  or to adjudicate the liability of owners for violations
    49  of subdivision (b), (c), (d), (f)  or  (g)  of  section  eleven  hundred
    50  eighty  of this chapter in accordance with section eleven hundred eight-
    51  y-d of this  chapter,  such  tribunal  and  the  rules  and  regulations
    52  pertaining  thereto shall be constituted in substantial conformance with
    53  the following sections.
    54    § 12-f. Section 235 of the vehicle and  traffic  law,  as  amended  by
    55  section  1-f  of  chapter 222 of the laws of 2015, is amended to read as
    56  follows:

        S. 9031                            12
     1    § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
     2  general, special or local law or administrative code to the contrary, in
     3  any city which heretofore or hereafter is  authorized  to  establish  an
     4  administrative  tribunal  to  hear  and  determine complaints of traffic
     5  infractions constituting parking, standing or stopping violations, or to
     6  adjudicate  the liability of owners for violations of subdivision (d) of
     7  section eleven hundred eleven of this chapter in accordance with section
     8  eleven hundred eleven-e of this chapter, or to adjudicate the  liability
     9  of  owners  for  violations of toll collection regulations as defined in
    10  and in accordance with the  provisions  of  section  two  thousand  nine
    11  hundred   eighty-five   of  the  public  authorities  law  and  sections
    12  sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
    13  of the laws of nineteen hundred fifty, or to adjudicate the liability of
    14  owners for violations of subdivision  (b),  (c),  (d),  (f)  or  (g)  of
    15  section eleven hundred eighty of this chapter in accordance with section
    16  eleven hundred eighty-d of this chapter, such tribunal and the rules and
    17  regulations  pertaining  thereto  shall  be  constituted  in substantial
    18  conformance with the following sections.
    19    § 12-g. Section 235 of the vehicle  and  traffic  law,  as  separately
    20  amended  by  chapter 715 of the laws of 1972 and chapter 379 of the laws
    21  of 1992, is amended to read as follows:
    22    § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
    23  general, special or local law or administrative code to the contrary, in
    24  any city which heretofore or hereafter is  authorized  to  establish  an
    25  administrative  tribunal  to  hear  and  determine complaints of traffic
    26  infractions constituting parking, standing or stopping violations, or to
    27  adjudicate the liability of owners for  violations  of  toll  collection
    28  regulations  as  defined  in  and  in  accordance with the provisions of
    29  section two thousand nine hundred eighty-five of the public  authorities
    30  law  and  sections  sixteen-a,  sixteen-b and sixteen-c of chapter seven
    31  hundred seventy-four of the laws of nineteen hundred fifty, or to  adju-
    32  dicate  the  liability of owners for violations of subdivision (b), (c),
    33  (d), (f) or (g) of section eleven hundred  eighty  of  this  chapter  in
    34  accordance  with  section  eleven hundred eighty-d of this chapter, such
    35  tribunal and the rules  and  regulations  pertaining  thereto  shall  be
    36  constituted in substantial conformance with the following sections.
    37    §  13. Subdivision 1 of section 236 of the vehicle and traffic law, as
    38  amended by section 2 of chapter 222 of the laws of 2015, is  amended  to
    39  read as follows:
    40    1.  Creation. In any city as hereinbefore or hereafter authorized such
    41  tribunal when created shall be known as the  parking  violations  bureau
    42  and  shall  have  jurisdiction of traffic infractions which constitute a
    43  parking violation and, where authorized by local law adopted pursuant to
    44  subdivision (a) of section eleven hundred eleven-a of  this  chapter  or
    45  subdivisions  (a) of sections eleven hundred eleven-b of this chapter as
    46  added by sections sixteen of chapters twenty, twenty-one, and twenty-two
    47  of the laws of two thousand nine, or subdivision (a) of  section  eleven
    48  hundred  eleven-d  of this chapter, or subdivision (a) of section eleven
    49  hundred eleven-e of this chapter,  shall  adjudicate  the  liability  of
    50  owners for violations of subdivision (d) of section eleven hundred elev-
    51  en  of  this  chapter  in  accordance  with  such section eleven hundred
    52  eleven-a, sections eleven hundred eleven-b as added by sections  sixteen
    53  of  chapters twenty, twenty-one, and twenty-two of the laws of two thou-
    54  sand nine, or section eleven hundred eleven-d or section eleven  hundred
    55  eleven-e  and shall adjudicate the liability of owners for violations of
    56  toll collection regulations as defined in and  in  accordance  with  the

        S. 9031                            13
     1  provisions  of  section  two  thousand  nine  hundred eighty-five of the
     2  public authorities law and sections sixteen-a, sixteen-b  and  sixteen-c
     3  of  chapter  seven  hundred seventy-four of the laws of nineteen hundred
     4  fifty  and  shall  adjudicate  liability  of  owners  in accordance with
     5  section eleven hundred eleven-c of this chapter for  violations  of  bus
     6  lane  restrictions  as  defined in such section and shall adjudicate the
     7  liability of owners for violations of subdivision (b), (c), (d), (f)  or
     8  (g)  of section eleven hundred eighty of this chapter in accordance with
     9  section eleven hundred eighty-b of this chapter and shall adjudicate the
    10  liability of owners for violations of subdivision (b), (c), (d), (f)  or
    11  (g)  of section eleven hundred eighty of this chapter in accordance with
    12  section eleven hundred eighty-d of this chapter. Such  tribunal,  except
    13  in  a  city  with  a  population of one million or more, shall also have
    14  jurisdiction of abandoned vehicle violations. For the purposes  of  this
    15  article,  a parking violation is the violation of any law, rule or regu-
    16  lation providing for or regulating the parking, stopping or standing  of
    17  a  vehicle.  In  addition  for  purposes of this article, "commissioner"
    18  shall mean and include the commissioner of traffic of  the  city  or  an
    19  official possessing authority as such a commissioner.
    20    §  13-a.  Subdivision 1 of section 236 of the vehicle and traffic law,
    21  as amended by section 2-a of chapter 222 of the laws of 2015, is amended
    22  to read as follows:
    23    1. Creation. In any city as hereinbefore or hereafter authorized  such
    24  tribunal  when  created  shall be known as the parking violations bureau
    25  and shall have jurisdiction of traffic infractions  which  constitute  a
    26  parking violation and, where authorized by local law adopted pursuant to
    27  subdivisions  (a) of sections eleven hundred eleven-b of this chapter as
    28  added by sections sixteen of chapters twenty, twenty-one, and twenty-two
    29  of the laws of two thousand nine, or subdivision (a) of  section  eleven
    30  hundred  eleven-d  of this chapter, or subdivision (a) of section eleven
    31  hundred eleven-e of this chapter,  shall  adjudicate  the  liability  of
    32  owners for violations of subdivision (d) of section eleven hundred elev-
    33  en  of  this  chapter  in  accordance  with such sections eleven hundred
    34  eleven-b as added by sections sixteen of  chapters  twenty,  twenty-one,
    35  and  twenty-two  of  the  laws  of  two  thousand nine or section eleven
    36  hundred eleven-d or section eleven hundred eleven-e; and  shall  adjudi-
    37  cate  liability  of  owners  in  accordance  with section eleven hundred
    38  eleven-c of this chapter for violations  of  bus  lane  restrictions  as
    39  defined  in  such  section  and shall adjudicate liability of owners for
    40  violations of subdivisions (c) and (d) of section eleven hundred  eighty
    41  of  this  chapter  in accordance with section eleven hundred eighty-b of
    42  this chapter and shall adjudicate the liability of owners for violations
    43  of subdivision (b), (c), (d), (f)  or  (g)  of  section  eleven  hundred
    44  eighty  of this chapter in accordance with section eleven hundred eight-
    45  y-d of this chapter.   For the  purposes  of  this  article,  a  parking
    46  violation  is the violation of any law, rule or regulation providing for
    47  or regulating the parking, stopping or standing of a vehicle.  In  addi-
    48  tion for purposes of this article, "commissioner" shall mean and include
    49  the  commissioner  of  traffic  of  the  city  or an official possessing
    50  authority as such a commissioner.
    51    § 13-b. Subdivision 1 of section 236 of the vehicle and  traffic  law,
    52  as amended by section 2-b of chapter 222 of the laws of 2015, is amended
    53  to read as follows:
    54    1.  Creation. In any city as hereinbefore or hereafter authorized such
    55  tribunal when created shall be known as the  parking  violations  bureau
    56  and  shall  have  jurisdiction of traffic infractions which constitute a

        S. 9031                            14
     1  parking violation and, where authorized by local law adopted pursuant to
     2  subdivision (a) of section eleven hundred eleven-d or subdivision (a) of
     3  section eleven  hundred  eleven-e  of  this  chapter,  shall  adjudicate
     4  liability  of  owners in accordance with section eleven hundred eleven-c
     5  of this chapter for violations of bus lane restrictions  as  defined  in
     6  such   section;  and  shall  adjudicate  the  liability  of  owners  for
     7  violations of subdivision (b), (c), (d), (f) or (g)  of  section  eleven
     8  hundred eighty of this chapter in accordance with section eleven hundred
     9  eighty-b  of  this chapter; and shall adjudicate the liability of owners
    10  for violations of subdivision (b), (c), (d), (f) or (g) of section elev-
    11  en hundred eighty of this chapter  in  accordance  with  section  eleven
    12  hundred  eighty-d  of this chapter.  For the purposes of this article, a
    13  parking violation is the  violation  of  any  law,  rule  or  regulation
    14  providing for or regulating the parking, stopping or standing of a vehi-
    15  cle. In addition for purposes of this article, "commissioner" shall mean
    16  and  include  the  commissioner  of  traffic  of the city or an official
    17  possessing authority as such a commissioner.
    18    § 13-c. Subdivision 1 of section 236 of the vehicle and  traffic  law,
    19  as amended by section 2-c of chapter 222 of the laws of 2015, is amended
    20  to read as follows:
    21    1.  Creation. In any city as hereinbefore or hereafter authorized such
    22  tribunal when created shall be known as the  parking  violations  bureau
    23  and,  where  authorized by local law adopted pursuant to subdivision (a)
    24  of section eleven hundred eleven-d of this chapter or subdivision (a) of
    25  section eleven hundred eleven-e of this chapter, shall have jurisdiction
    26  of traffic infractions which constitute a parking  violation  and  shall
    27  adjudicate  the  liability  of owners for violations of subdivision (b),
    28  (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in
    29  accordance with section eleven hundred  eighty-b  of  this  chapter  and
    30  shall  adjudicate  the liability of owners for violations of subdivision
    31  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    32  ter in accordance with section eleven hundred eighty-d of this  chapter.
    33  For  the  purposes of this article, a parking violation is the violation
    34  of any law, rule or regulation providing for or regulating the  parking,
    35  stopping  or  standing  of  a  vehicle. In addition for purposes of this
    36  article, "commissioner" shall mean and include the commissioner of traf-
    37  fic of the city or an official possessing authority as  such  a  commis-
    38  sioner.
    39    §  13-d.  Subdivision 1 of section 236 of the vehicle and traffic law,
    40  as amended by section 2-d of chapter 222 of the laws of 2015, is amended
    41  to read as follows:
    42    1. Creation. In any city as hereinbefore or hereafter authorized  such
    43  tribunal  when  created  shall be known as the parking violations bureau
    44  and, where authorized by local law adopted pursuant to  subdivision  (a)
    45  of section eleven hundred eleven-d of this chapter or subdivision (a) of
    46  section eleven hundred eleven-e of this chapter, shall have jurisdiction
    47  of  traffic  infractions  which constitute a parking violation and shall
    48  adjudicate the liability of owners for violations  of  subdivision  (b),
    49  (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in
    50  accordance  with  section  eleven hundred eighty-d of this chapter.  For
    51  the purposes of this article, a parking violation is  the  violation  of
    52  any  law,  rule  or  regulation providing for or regulating the parking,
    53  stopping or standing of a vehicle. In  addition  for  purposes  of  this
    54  article, "commissioner" shall mean and include the commissioner of traf-
    55  fic  of  the  city or an official possessing authority as such a commis-
    56  sioner.

        S. 9031                            15
     1    § 13-e. Subdivision 1 of section 236 of the vehicle and  traffic  law,
     2  as amended by section 2-e of chapter 222 of the laws of 2015, is amended
     3  to read as follows:
     4    1.  Creation. In any city as hereinbefore or hereafter authorized such
     5  tribunal when created shall be known as the  parking  violations  bureau
     6  and where authorized by local law adopted pursuant to subdivision (a) of
     7  section eleven hundred eleven-e of this chapter, shall have jurisdiction
     8  of  traffic  infractions  which constitute a parking violation and shall
     9  adjudicate the liability of owners for violations  of  subdivision  (b),
    10  (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in
    11  accordance with section eleven hundred eighty-d of this chapter. For the
    12  purposes  of  this  article, a parking violation is the violation of any
    13  law, rule or regulation providing for or regulating the  parking,  stop-
    14  ping or standing of a vehicle. In addition for purposes of this article,
    15  "commissioner" shall mean and include the commissioner of traffic of the
    16  city or an official possessing authority as such a commissioner.
    17    §  13-f.  Subdivision 1 of section 236 of the vehicle and traffic law,
    18  as added by chapter 715 of the laws of  1972,  is  amended  to  read  as
    19  follows:
    20    1.  Creation. In any city as hereinbefore or hereafter authorized such
    21  tribunal when created shall be known as the  parking  violations  bureau
    22  and  shall  have  jurisdiction of traffic infractions which constitute a
    23  parking violation and shall  adjudicate  the  liability  of  owners  for
    24  violations  of  subdivision  (b), (c), (d), (f) or (g) of section eleven
    25  hundred eighty of this chapter in accordance with section eleven hundred
    26  eighty-d of this chapter.  For the purposes of this article,  a  parking
    27  violation  is the violation of any law, rule or regulation providing for
    28  or regulating the parking, stopping or standing of a vehicle.  In  addi-
    29  tion for purposes of this article, "commissioner" shall mean and include
    30  the  commissioner  of  traffic  of  the  city  or an official possessing
    31  authority as such a commissioner.
    32    § 14. Section 237 of the vehicle and traffic law is amended by  adding
    33  a new subdivision 16 to read as follows:
    34    16.  To  adjudicate the liability of owners for violations of subdivi-
    35  sion (b), (c), (d), (f) or (g) of section eleven hundred eighty of  this
    36  chapter in accordance with section eleven hundred eighty-d of this chap-
    37  ter.
    38    §  15.  Paragraph f of subdivision 1 of section 239 of the vehicle and
    39  traffic law, as amended by section 4 of chapter 222 of the laws of 2015,
    40  is amended to read as follows:
    41    f. "Notice of violation" means a notice of  violation  as  defined  in
    42  subdivision  nine  of  section two hundred thirty-seven of this article,
    43  but shall not be deemed to include a notice of liability issued pursuant
    44  to authorization set forth in section eleven hundred  eleven-a  of  this
    45  chapter, or sections eleven hundred eleven-b of this chapter as added by
    46  sections  sixteen  of chapters twenty, twenty-one, and twenty-two of the
    47  laws of two thousand nine, or section eleven hundred  eleven-d  of  this
    48  chapter,  or  section eleven hundred eleven-e of this chapter, and shall
    49  not be deemed to include  a  notice  of  liability  issued  pursuant  to
    50  section  two thousand nine hundred eighty-five of the public authorities
    51  law and sections sixteen-a, sixteen-b and  sixteen-c  of  chapter  seven
    52  hundred seventy-four of the laws of nineteen hundred fifty and shall not
    53  be  deemed  to  include a notice of liability issued pursuant to section
    54  eleven hundred eleven-c of this chapter  and  shall  not  be  deemed  to
    55  include  a notice of liability issued pursuant to section eleven hundred
    56  eighty-b of this chapter and shall not be deemed to include a notice  of

        S. 9031                            16
     1  liability  issued  pursuant  to  section eleven hundred eighty-d of this
     2  chapter.
     3    § 15-a. Paragraph f of subdivision 1 of section 239 of the vehicle and
     4  traffic  law,  as  amended  by section 4-a of chapter 222 of the laws of
     5  2015, is amended to read as follows:
     6    f. "Notice of violation" means a notice of  violation  as  defined  in
     7  subdivision nine of section two hundred thirty-seven of this article but
     8  shall  not be deemed to include a notice of liability issued pursuant to
     9  authorization set forth in sections  eleven  hundred  eleven-b  of  this
    10  chapter as added by sections sixteen of chapters twenty, twenty-one, and
    11  twenty-two  of  the  laws of two thousand nine or section eleven hundred
    12  eleven-d of this chapter or section  eleven  hundred  eleven-e  of  this
    13  chapter  and shall not be deemed to include a notice of liability issued
    14  pursuant to section eleven hundred eleven-c of this  chapter  and  shall
    15  not  be  deemed  to  include  a  notice  of liability issued pursuant to
    16  section eleven hundred eighty-b of this chapter and shall not be  deemed
    17  to  include  a  notice  of  liability  issued pursuant to section eleven
    18  hundred eighty-d of this chapter.
    19    § 15-b. Paragraph f of subdivision 1 of section 239 of the vehicle and
    20  traffic law, as amended by section 4-b of chapter 222  of  the  laws  of
    21  2015, is amended to read as follows:
    22    f.  "Notice  of  violation"  means a notice of violation as defined in
    23  subdivision nine of section two hundred thirty-seven of this article and
    24  shall not be deemed to include a notice of liability issued pursuant  to
    25  authorization set forth in section eleven hundred eleven-d of this chap-
    26  ter  or  to  a  notice of liability issued pursuant to authorization set
    27  forth in section eleven hundred eleven-e of this chapter and  shall  not
    28  be  deemed  to  include a notice of liability issued pursuant to section
    29  eleven hundred eleven-c of this chapter  and  shall  not  be  deemed  to
    30  include  a notice of liability issued pursuant to section eleven hundred
    31  eighty-b of this chapter and shall not be deemed to include a notice  of
    32  liability  issued  pursuant  to  section eleven hundred eighty-d of this
    33  chapter.
    34    § 15-c. Paragraph f of subdivision 1 of section 239 of the vehicle and
    35  traffic law, as amended by section 4-c of chapter 222  of  the  laws  of
    36  2015, is amended to read as follows:
    37    f.  "Notice  of  violation"  means a notice of violation as defined in
    38  subdivision nine of section two hundred thirty-seven of this article and
    39  shall not be deemed to include a notice of liability issued pursuant  to
    40  authorization set forth in section eleven hundred eleven-d of this chap-
    41  ter  or  to  a  notice of liability issued pursuant to authorization set
    42  forth in section eleven hundred eleven-e of this chapter and  shall  not
    43  be  deemed  to  include a notice of liability issued pursuant to section
    44  eleven hundred eighty-b of this chapter  and  shall  not  be  deemed  to
    45  include  a notice of liability issued pursuant to section eleven hundred
    46  eighty-d of this chapter.
    47    § 15-d. Paragraph f of subdivision 1 of section 239 of the vehicle and
    48  traffic law, as amended by section 4-d of chapter 222  of  the  laws  of
    49  2015, is amended to read as follows:
    50    f.  "Notice  of  violation"  means a notice of violation as defined in
    51  subdivision nine of section two hundred thirty-seven of this article and
    52  shall not be deemed to include a notice of liability issued pursuant  to
    53  authorization set forth in section eleven hundred eleven-d of this chap-
    54  ter  or  to  a  notice of liability issued pursuant to authorization set
    55  forth in section eleven hundred eleven-e of this chapter and  shall  not

        S. 9031                            17
     1  be  deemed  to  include a notice of liability issued pursuant to section
     2  eleven hundred eighty-d of this chapter.
     3    § 15-e. Paragraph f of subdivision 1 of section 239 of the vehicle and
     4  traffic  law,  as  amended  by section 4-e of chapter 222 of the laws of
     5  2015, is amended to read as follows:
     6    f. "Notice of violation" means a notice of  violation  as  defined  in
     7  subdivision nine of section two hundred thirty-seven of this article and
     8  shall  not be deemed to include a notice of liability issued pursuant to
     9  authorization set forth in section eleven hundred eleven-e of this chap-
    10  ter and shall not be deemed to include  a  notice  of  liability  issued
    11  pursuant to section eleven hundred eighty-d of this chapter.
    12    § 15-f. Paragraph f of subdivision 1 of section 239 of the vehicle and
    13  traffic  law, as added by chapter 180 of the laws of 1980, is amended to
    14  read as follows:
    15    f. "Notice of violation" means a notice of  violation  as  defined  in
    16  subdivision nine of section two hundred thirty-seven of this article and
    17  shall  not be deemed to include a notice of liability issued pursuant to
    18  section eleven hundred eighty-d of this chapter.
    19    § 16. Subdivisions 1 and 1-a of section 240 of the vehicle and traffic
    20  law, as amended by section 5 of chapter 222 of the  laws  of  2015,  are
    21  amended to read as follows:
    22    1.  Notice  of  hearing.  Whenever  a  person  charged  with a parking
    23  violation enters a plea of not guilty or a person alleged to  be  liable
    24  in  accordance  with  section eleven hundred eleven-a of this chapter or
    25  sections eleven hundred eleven-b of this chapter as  added  by  sections
    26  sixteen  of  chapters  twenty, twenty-one, and twenty-two of the laws of
    27  two thousand nine or section eleven hundred eleven-d of this chapter, or
    28  section eleven hundred eleven-e of this  chapter,  for  a  violation  of
    29  subdivision  (d)  of  section  eleven  hundred  eleven  of  this chapter
    30  contests such allegation, or a person alleged to be liable in accordance
    31  with the provisions of section two thousand nine hundred eighty-five  of
    32  the   public  authorities  law  or  sections  sixteen-a,  sixteen-b  and
    33  sixteen-c of chapter seven hundred seventy-four of the laws of  nineteen
    34  hundred  fifty,  or a person alleged to be liable in accordance with the
    35  provisions of section eleven hundred eleven-c  of  this  chapter  for  a
    36  violation  of a bus lane restriction as defined in such section contests
    37  such allegation, or a person alleged to be liable in accordance with the
    38  provisions of section eleven hundred eighty-b  of  this  chapter  for  a
    39  violation  of  subdivision  (b),  (c), (d), (f) or (g) of section eleven
    40  hundred eighty of this chapter contests such  allegation,  or  a  person
    41  alleged to be liable in accordance with the provisions of section eleven
    42  hundred  eighty-d  of  this  chapter for a violation of subdivision (b),
    43  (c), (d), (f) or (g) of section eleven hundred eighty  of  this  chapter
    44  contests such allegation, the bureau shall advise such person personally
    45  by  such form of first class mail as the director may direct of the date
    46  on which he or she must appear to answer the charge at  a  hearing.  The
    47  form  and  content  of such notice of hearing shall be prescribed by the
    48  director, and shall contain a warning to advise the person  so  pleading
    49  or  contesting  that failure to appear on the date designated, or on any
    50  subsequent adjourned date, shall be deemed an  admission  of  liability,
    51  and that a default judgment may be entered thereon.
    52    1-a.  Fines  and  penalties.  Whenever  a  plea of not guilty has been
    53  entered, or the bureau has been notified that an allegation of liability
    54  in accordance with section eleven hundred eleven-a of  this  chapter  or
    55  sections  eleven  hundred  eleven-b of this chapter as added by sections
    56  sixteen of chapters twenty, twenty-one, and twenty-two of  the  laws  of

        S. 9031                            18
     1  two  thousand nine or section eleven hundred eleven-d of this chapter or
     2  section eleven hundred eleven-e of this  chapter  or  an  allegation  of
     3  liability  in  accordance with section two thousand nine hundred eighty-
     4  five  of 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 an allegation of liability in accordance with section
     7  eleven hundred eleven-c of this chapter or an allegation of liability in
     8  accordance with section eleven hundred eighty-b of this  chapter  or  an
     9  allegation of liability in accordance with section eleven hundred eight-
    10  y-d of this chapter, is being contested, by a person in a timely fashion
    11  and  a  hearing  upon the merits has been demanded, but has not yet been
    12  held, the bureau shall not issue any notice of fine or penalty  to  that
    13  person prior to the date of the hearing.
    14    § 16-a. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
    15  fic  law,  as amended by section 5-a of chapter 222 of the laws of 2015,
    16  are amended to read as follows:
    17    1. Notice of  hearing.  Whenever  a  person  charged  with  a  parking
    18  violation  enters  a plea of not guilty or a person alleged to be liable
    19  in accordance with sections eleven hundred eleven-b of this  chapter  as
    20  added by sections sixteen of chapters twenty, twenty-one, and twenty-two
    21  of  the  laws of two thousand nine or section eleven hundred eleven-d of
    22  this chapter or section eleven hundred eleven-e of this  chapter  for  a
    23  violation  of  subdivision  (d) of section eleven hundred eleven of this
    24  chapter, or a person  alleged  to  be  liable  in  accordance  with  the
    25  provisions  of  section  eleven  hundred  eleven-c of this chapter for a
    26  violation of a bus lane restriction as defined in such section  contests
    27  such allegation, or a person alleged to be liable in accordance with the
    28  provisions  of  section  eleven  hundred  eighty-b  of  this chapter for
    29  violations of subdivision (b), (c), (d), (f) or (g)  of  section  eleven
    30  hundred  eighty  of  this  chapter contests such allegation, or a person
    31  alleged to be liable in accordance with the provisions of section eleven
    32  hundred eighty-d of this chapter for a  violation  of  subdivision  (b),
    33  (c),  (d),  (f)  or (g) of section eleven hundred eighty of this chapter
    34  contests such allegation, the bureau shall advise such person personally
    35  by such form of first class mail as the director may direct of the  date
    36  on  which  he  or she must appear to answer the charge at a hearing. The
    37  form and content of such notice of hearing shall be  prescribed  by  the
    38  director,  and  shall contain a warning to advise the person so pleading
    39  or contesting that failure to appear on the date designated, or  on  any
    40  subsequent  adjourned  date,  shall be deemed an admission of liability,
    41  and that a default judgment may be entered thereon.
    42    1-a. Fines and penalties. Whenever a  plea  of  not  guilty  has  been
    43  entered, or the bureau has been notified that an allegation of liability
    44  in  accordance with sections eleven hundred eleven-b of this chapter, as
    45  added by sections sixteen of chapters twenty, twenty-one, and twenty-two
    46  of the laws of two thousand nine or in accordance  with  section  eleven
    47  hundred  eleven-d  of this chapter, or in accordance with section eleven
    48  hundred eleven-e of this  chapter  or  an  allegation  of  liability  in
    49  accordance  with  section  eleven hundred eleven-c of this chapter or an
    50  allegation of liability in accordance with section eleven hundred eight-
    51  y-b of this chapter or an allegation of  liability  in  accordance  with
    52  section eleven hundred eighty-d of this chapter is being contested, by a
    53  person  in  a  timely  fashion  and  a  hearing upon the merits has been
    54  demanded, but has not yet been held, the  bureau  shall  not  issue  any
    55  notice  of fine or penalty to that person prior to the date of the hear-
    56  ing.

        S. 9031                            19
     1    § 16-b. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
     2  fic law, as amended by section 5-b of chapter 222 of the laws  of  2015,
     3  are amended to read as follows:
     4    1.  Notice  of  hearing.  Whenever  a  person  charged  with a parking
     5  violation enters a plea of not guilty or a person alleged to  be  liable
     6  in accordance with section eleven hundred eleven-d of this chapter or in
     7  accordance  with  section  eleven hundred eleven-e of this chapter or in
     8  accordance with the provisions of section  eleven  hundred  eleven-c  of
     9  this  chapter  for  a  violation of a bus lane restriction as defined in
    10  such section, contests such allegation, or a person alleged to be liable
    11  in accordance with the provisions of section eleven hundred eighty-b  of
    12  this  chapter for violations of subdivision (b), (c), (d), (f) or (g) of
    13  section eleven hundred eighty of this chapter contests such  allegation,
    14  or  a  person  alleged to be liable in accordance with the provisions of
    15  section eleven hundred eighty-d of  this  chapter  for  a  violation  of
    16  subdivision  (b),  (c), (d), (f) or (g) of section eleven hundred eighty
    17  of this chapter contests such allegation, the bureau shall  advise  such
    18  person  personally  by such form of first class mail as the director may
    19  direct of the date on which he or she must appear to answer  the  charge
    20  at  a  hearing.  The form and content of such notice of hearing shall be
    21  prescribed by the director, and shall contain a warning  to  advise  the
    22  person  so pleading that failure to appear on the date designated, or on
    23  any subsequent adjourned date, shall be deemed an admission  of  liabil-
    24  ity, and that a default judgment may be entered thereon.
    25    1-a.  Fines  and  penalties.  Whenever  a  plea of not guilty has been
    26  entered, or the bureau has been notified that an allegation of liability
    27  in accordance with section eleven hundred eleven-d of this chapter or in
    28  accordance with section eleven hundred eleven-e of this  chapter  or  in
    29  accordance  with  section  eleven hundred eleven-c of this chapter or an
    30  allegation of liability in accordance with section eleven hundred eight-
    31  y-b of this chapter or an allegation of  liability  in  accordance  with
    32  section eleven hundred eighty-d of this chapter is being contested, by a
    33  person  in  a  timely  fashion  and  a  hearing upon the merits has been
    34  demanded, but has not yet been held, the  bureau  shall  not  issue  any
    35  notice  of fine or penalty to that person prior to the date of the hear-
    36  ing.
    37    § 16-c. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
    38  fic law, as amended by section 5-c of chapter 222 of the laws  of  2015,
    39  are amended to read as follows:
    40    1.  Notice  of  hearing.  Whenever  a  person  charged  with a parking
    41  violation enters a plea of not guilty, or a person alleged to be  liable
    42  in accordance with section eleven hundred eleven-d of this chapter, or a
    43  person  alleged  to  be liable in accordance with section eleven hundred
    44  eleven-e of this chapter, or a person alleged to be liable in accordance
    45  with the provisions of section eleven hundred eighty-b of  this  chapter
    46  for violations of subdivision (b), (c), (d), (f) or (g) of section elev-
    47  en  hundred eighty of this chapter contests such allegation, or a person
    48  alleged to be liable in accordance with the provisions of section eleven
    49  hundred eighty-d of this chapter for a  violation  of  subdivision  (b),
    50  (c),  (d),  (f)  or (g) of section eleven hundred eighty of this chapter
    51  contests such allegation, the bureau shall advise such person personally
    52  by such form of first class mail as the director may direct of the  date
    53  on  which  he  or she must appear to answer the charge at a hearing. The
    54  form and content of such notice of hearing shall be  prescribed  by  the
    55  director,  and  shall contain a warning to advise the person so pleading
    56  that failure to appear on the date  designated,  or  on  any  subsequent

        S. 9031                            20
     1  adjourned  date,  shall  be deemed an admission of liability, and that a
     2  default judgment may be entered thereon.
     3    1-a.  Fines  and  penalties.  Whenever  a  plea of not guilty has been
     4  entered, or the bureau has been notified that an allegation of liability
     5  in accordance with section eleven hundred eleven-d of this  chapter,  or
     6  the  bureau has been notified that an allegation of liability in accord-
     7  ance with section eleven hundred eleven-e of this chapter, or the bureau
     8  has been notified that an allegation of  liability  in  accordance  with
     9  section  eleven  hundred  eighty-b  of this chapter, or an allegation of
    10  liability in accordance with section eleven  hundred  eighty-d  of  this
    11  chapter, is being contested, by a person in a timely fashion and a hear-
    12  ing  upon  the  merits has been demanded, but has not yet been held, the
    13  bureau shall not issue any notice of fine  or  penalty  to  that  person
    14  prior to the date of the hearing.
    15    § 16-d. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
    16  fic  law,  as amended by section 5-d of chapter 222 of the laws of 2015,
    17  are amended to read as follows:
    18    1. Notice of  hearing.  Whenever  a  person  charged  with  a  parking
    19  violation  enters a plea of not guilty, or a person alleged to be liable
    20  in accordance with section  eleven  hundred  eleven-d  of  this  chapter
    21  contests such allegation, or a person alleged to be liable in accordance
    22  with section eleven hundred eleven-e of this chapter contests such alle-
    23  gation,  or  a  person  alleged  to  be  liable  in  accordance with the
    24  provisions of section eleven hundred eighty-d  of  this  chapter  for  a
    25  violation  of  subdivision  (b),  (c), (d), (f) or (g) of section eleven
    26  hundred eighty of this chapter  contests  such  allegation,  the  bureau
    27  shall  advise such person personally by such form of first class mail as
    28  the director may direct of the date on which he or she  must  appear  to
    29  answer  the  charge at a hearing. The form and content of such notice of
    30  hearing shall be prescribed by the director, and shall contain a warning
    31  to advise the person so pleading that failure  to  appear  on  the  date
    32  designated,  or  on  any  subsequent  adjourned date, shall be deemed an
    33  admission of liability, and that a default judgment may be entered ther-
    34  eon.
    35    1-a. Fines and penalties. Whenever a  plea  of  not  guilty  has  been
    36  entered, or the bureau has been notified that an allegation of liability
    37  in  accordance  with section eleven hundred eleven-d of this chapter, is
    38  being contested, or the bureau has been notified that an  allegation  of
    39  liability  in  accordance  with  section eleven hundred eleven-e of this
    40  chapter, or an allegation of liability in accordance with section eleven
    41  hundred eighty-d of this chapter, is being contested, by a person  in  a
    42  timely  fashion and a hearing upon the merits has been demanded, but has
    43  not yet been held, the bureau shall not issue  any  notice  of  fine  or
    44  penalty to that person prior to the date of the hearing.
    45    § 16-e. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
    46  fic  law,  as amended by section 5-e of chapter 222 of the laws of 2015,
    47  are amended to read as follows:
    48    1. Notice of  hearing.  Whenever  a  person  charged  with  a  parking
    49  violation  enters a plea of not guilty, or a person alleged to be liable
    50  in accordance with section  eleven  hundred  eleven-e  of  this  chapter
    51  contests such allegation, or a person alleged to be liable in accordance
    52  with  the  provisions of section eleven hundred eighty-d of this chapter
    53  for a violation of subdivision (b), (c), (d),  (f)  or  (g)  of  section
    54  eleven  hundred  eighty  of  this  chapter contests such allegation, the
    55  bureau shall advise such person personally by such form of  first  class
    56  mail  as  the  director  may  direct of the date on which he or she must

        S. 9031                            21
     1  appear to answer the charge at a hearing. The form and content  of  such
     2  notice of hearing shall be prescribed by the director, and shall contain
     3  a warning to advise the person so pleading that failure to appear on the
     4  date designated, or on any subsequent adjourned date, shall be deemed an
     5  admission of liability, and that a default judgment may be entered ther-
     6  eon.
     7    1-a.  Fines  and  penalties.  Whenever  a  plea of not guilty has been
     8  entered, or the bureau has been notified that an allegation of liability
     9  in accordance with section eleven hundred eleven-e of this  chapter,  or
    10  an  allegation  of  liability  in accordance with section eleven hundred
    11  eighty-d of this chapter, is being contested, by a person  in  a  timely
    12  fashion and a hearing upon the merits has been demanded, but has not yet
    13  been  held,  the bureau shall not issue any notice of fine or penalty to
    14  that person prior to the date of the hearing.
    15    § 16-f. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
    16  fic law, subdivision 1 as added by chapter 715 of the laws of 1972,  and
    17  subdivision 1-a as added by chapter 365 of the laws of 1978, are amended
    18  to read as follows:
    19    1.  Notice  of  hearing.  Whenever  a  person  charged  with a parking
    20  violation enters a plea of not guilty, or a person alleged to be  liable
    21  in  accordance with the provisions of section eleven hundred eighty-d of
    22  this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of
    23  section eleven hundred eighty of this chapter contests such  allegation,
    24  the  bureau  shall  advise  such person personally by such form of first
    25  class mail as the director may direct of  the  date  on  which  he  must
    26  appear  to  answer the charge at a hearing. The form and content of such
    27  notice of hearing shall be prescribed by the director, and shall contain
    28  a warning to advise the person so pleading that failure to appear on the
    29  date designated, or on any subsequent adjourned date, shall be deemed an
    30  admission of liability, and that a default judgment may be entered ther-
    31  eon.
    32    1-a. Fines and penalties. Whenever a  plea  of  not  guilty  has  been
    33  entered, or the bureau has been notified that an allegation of liability
    34  in  accordance  with  section eleven hundred eighty-d of this chapter is
    35  being contested, by a person in a timely fashion and a hearing upon  the
    36  merits  has  been  demanded, but has not yet been held, the bureau shall
    37  not issue any notice of fine or penalty to that person prior to the date
    38  of the hearing.
    39    § 17. Paragraphs a and g of subdivision 2 of section 240 of the  vehi-
    40  cle  and traffic law, as amended by section 6 of chapter 222 of the laws
    41  of 2015, are amended to read as follows:
    42    a. Every hearing for the adjudication of a charge of parking violation
    43  or an allegation of liability in accordance with section eleven  hundred
    44  eleven-a  of  this chapter or in accordance with sections eleven hundred
    45  eleven-b of this chapter as added by sections sixteen of chapters  twen-
    46  ty,  twenty-one,  and  twenty-two of the laws of two thousand nine or in
    47  accordance with section eleven hundred eleven-d of this  chapter  or  in
    48  accordance  with  section  eleven hundred eleven-e of this chapter or an
    49  allegation of liability in accordance with  section  two  thousand  nine
    50  hundred eighty-five of the public authorities law or sections sixteen-a,
    51  sixteen-b  and  sixteen-c  of  chapter seven hundred seventy-four of the
    52  laws of nineteen hundred fifty or an allegation of liability in  accord-
    53  ance  with section eleven hundred eleven-c of this chapter or an allega-
    54  tion of liability in accordance with section eleven hundred eighty-b  of
    55  this  chapter,  or an allegation of liability in accordance with section
    56  eleven hundred eighty-d of this chapter, shall be held before a  hearing

        S. 9031                            22
     1  examiner  in  accordance  with  rules and regulations promulgated by the
     2  bureau.
     3    g. A record shall be made of a hearing on a plea of not guilty or of a
     4  hearing  at  which  liability  in accordance with section eleven hundred
     5  eleven-a of this chapter or in accordance with sections  eleven  hundred
     6  eleven-b  of this chapter as added by sections sixteen of chapters twen-
     7  ty, twenty-one, and twenty-two of the laws of two thousand  nine  or  in
     8  accordance  with  section  eleven  hundred  eleven-d  of this chapter is
     9  contested or in accordance with section eleven hundred eleven-e of  this
    10  chapter  is  contested  or of a hearing at which liability in accordance
    11  with section two thousand nine hundred eighty-five of the public author-
    12  ities law or sections sixteen-a,  sixteen-b  and  sixteen-c  of  chapter
    13  seven  hundred  seventy-four  of  the  laws of nineteen hundred fifty is
    14  contested or of a hearing at which liability in accordance with  section
    15  eleven hundred eleven-c of this chapter or of a hearing at which liabil-
    16  ity  in  accordance with section eleven hundred eighty-b of this chapter
    17  or of a hearing at which liability in  accordance  with  section  eleven
    18  hundred  eighty-d of this chapter is contested. Recording devices may be
    19  used for the making of the record.
    20    § 17-a. Paragraphs a and g of subdivision 2  of  section  240  of  the
    21  vehicle and traffic law, as amended by section 6-a of chapter 222 of the
    22  laws of 2015, are amended to read as follows:
    23    a. Every hearing for the adjudication of a charge of parking violation
    24  or an allegation of liability in accordance with sections eleven hundred
    25  eleven-b of this chapter, as added by sections sixteen of chapters twen-
    26  ty,  twenty-one,  and  twenty-two of the laws of two thousand nine or in
    27  accordance with section eleven hundred eleven-d of this  chapter  or  in
    28  accordance  with  section  eleven hundred eleven-e of this chapter or an
    29  allegation of  liability  in  accordance  with  section  eleven  hundred
    30  eleven-c  of  this  chapter  or an allegation of liability in accordance
    31  with section eleven hundred eighty-b of this chapter or an allegation of
    32  liability in accordance with section eleven  hundred  eighty-d  of  this
    33  chapter,  shall  be  held  before  a hearing examiner in accordance with
    34  rules and regulations promulgated by the bureau.
    35    g. A record shall be made of a hearing on a plea of not guilty or of a
    36  hearing at which liability in accordance with  sections  eleven  hundred
    37  eleven-b of this chapter, as added by sections sixteen of chapters twen-
    38  ty,  twenty-one,  and  twenty-two of the laws of two thousand nine or in
    39  accordance with section eleven hundred eleven-d of this  chapter  or  in
    40  accordance  with section eleven hundred eleven-e of this chapter or of a
    41  hearing at which liability in accordance  with  section  eleven  hundred
    42  eleven-c  of  this chapter or of a hearing at which liability in accord-
    43  ance with section eleven hundred eighty-b of this chapter or of a  hear-
    44  ing  at which liability in accordance with section eleven hundred eight-
    45  y-d of this chapter is contested. Recording devices may be used for  the
    46  making of the record.
    47    §  17-b.  Paragraphs  a  and  g of subdivision 2 of section 240 of the
    48  vehicle and traffic law, as amended by section 6-b of chapter 222 of the
    49  laws of 2015, are amended to read as follows:
    50    a. Every hearing for the adjudication of a charge of parking violation
    51  or an allegation of liability in accordance with section eleven  hundred
    52  eleven-e  of  this  chapter  or an allegation of liability in accordance
    53  with section eleven hundred eleven-d of this chapter or an allegation of
    54  liability in accordance with section eleven  hundred  eleven-c  of  this
    55  chapter  or an allegation of liability in accordance with section eleven
    56  hundred eighty-b of this  chapter  or  an  allegation  of  liability  in

        S. 9031                            23
     1  accordance with section eleven hundred eighty-d of this chapter shall be
     2  held  before a hearing examiner in accordance with rules and regulations
     3  promulgated by the bureau.
     4    g. A record shall be made of a hearing on a plea of not guilty or of a
     5  hearing  at  which  liability  in accordance with section eleven hundred
     6  eleven-e of this chapter or of a hearing at which liability  in  accord-
     7  ance  with section eleven hundred eleven-d of this chapter or of a hear-
     8  ing at  which  liability  in  accordance  with  section  eleven  hundred
     9  eleven-c  of  this chapter or of a hearing at which liability in accord-
    10  ance with section eleven hundred eighty-b of this chapter or of a  hear-
    11  ing  at which liability in accordance with section eleven hundred eight-
    12  y-d of this chapter is contested.  Recording devices may be used for the
    13  making of the record.
    14    § 17-c. Paragraphs a and g of subdivision 2  of  section  240  of  the
    15  vehicle and traffic law, as amended by section 6-c of chapter 222 of the
    16  laws of 2015, are amended to read as follows:
    17    a. Every hearing for the adjudication of a charge of parking violation
    18  or  an allegation of liability in accordance with section eleven hundred
    19  eleven-e of this chapter or an allegation  of  liability  in  accordance
    20  with section eleven hundred eleven-d of this chapter or an allegation of
    21  liability  in  accordance  with  section eleven hundred eighty-b of this
    22  chapter or an allegation of liability in accordance with section  eleven
    23  hundred eighty-d of this chapter shall be held before a hearing examiner
    24  in accordance with rules and regulations promulgated by the bureau.
    25    g. A record shall be made of a hearing on a plea of not guilty or of a
    26  hearing  at  which  liability  in accordance with section eleven hundred
    27  eleven-e of this chapter or of a hearing at which liability  in  accord-
    28  ance  with section eleven hundred eleven-d of this chapter or of a hear-
    29  ing at which liability in accordance with section eleven hundred  eight-
    30  y-b  of  this  chapter  or of a hearing at which liability in accordance
    31  with section eleven hundred  eighty-d  of  this  chapter  is  contested.
    32  Recording devices may be used for the making of the record.
    33    §  17-d.  Paragraphs  a  and  g of subdivision 2 of section 240 of the
    34  vehicle and traffic law, as amended by section 6-d of chapter 222 of the
    35  laws of 2015, are amended to read as follows:
    36    a. Every hearing for the adjudication of a charge of parking violation
    37  or an allegation of liability in accordance with section eleven  hundred
    38  eleven-e  of  this  chapter  or an allegation of liability in accordance
    39  with section eleven hundred eleven-d of this chapter or an allegation of
    40  liability in accordance with section eleven  hundred  eighty-d  of  this
    41  chapter shall be held before a hearing examiner in accordance with rules
    42  and regulations promulgated by the bureau.
    43    g.  A  record  shall be made of a hearing on a plea of not guilty or a
    44  hearing at which liability in accordance  with  section  eleven  hundred
    45  eleven-d of this chapter is contested or a hearing at which liability in
    46  accordance  with  section  eleven  hundred eleven-e of this chapter or a
    47  hearing at which liability in accordance  with  section  eleven  hundred
    48  eighty-d of this chapter is contested. Recording devices may be used for
    49  the making of the record.
    50    §  17-e.  Paragraphs  a  and  g of subdivision 2 of section 240 of the
    51  vehicle and traffic law, as amended by section 6-e of chapter 222 of the
    52  laws of 2015, are amended to read as follows:
    53    a. Every hearing for the adjudication of a charge of parking violation
    54  or an allegation of liability in accordance with section eleven  hundred
    55  eleven-e  of  this  chapter  or an allegation of liability in accordance
    56  with section eleven hundred eighty-d  of  this  chapter  shall  be  held

        S. 9031                            24
     1  before  a  hearing  examiner  in  accordance  with rules and regulations
     2  promulgated by the bureau.
     3    g.  A  record  shall be made of a hearing on a plea of not guilty or a
     4  hearing at which liability in accordance  with  section  eleven  hundred
     5  eleven-e  of  this chapter or a hearing at which liability in accordance
     6  with section eleven hundred  eighty-d  of  this  chapter  is  contested.
     7  Recording devices may be used for the making of the record.
     8    §  17-f.  Paragraphs  a  and  g of subdivision 2 of section 240 of the
     9  vehicle and traffic law, as added by chapter 715 of the  laws  of  1972,
    10  are amended to read as follows:
    11    a. Every hearing for the adjudication of a charge of parking violation
    12  or  an allegation of liability in accordance with section eleven hundred
    13  eighty-d of this chapter shall be held  before  a  hearing  examiner  in
    14  accordance with rules and regulations promulgated by the bureau.
    15    g.  A  record  shall be made of a hearing on a plea of not guilty or a
    16  hearing at which liability in accordance  with  section  eleven  hundred
    17  eighty-d  of this chapter.  Recording devices may be used for the making
    18  of the record.
    19    § 18. Subdivisions 1 and 2 of section 241 of the vehicle  and  traffic
    20  law,  as  amended  by  section 7 of chapter 222 of the laws of 2015, are
    21  amended to read as follows:
    22    1. The hearing examiner shall make a  determination  on  the  charges,
    23  either  sustaining or dismissing them. Where the hearing examiner deter-
    24  mines that the charges have been sustained he or she may examine  either
    25  the  prior  parking  violations  record  or  the  record  of liabilities
    26  incurred in accordance with section  eleven  hundred  eleven-a  of  this
    27  chapter  or  in accordance with sections eleven hundred eleven-b of this
    28  chapter as added by sections sixteen of chapters twenty, twenty-one, and
    29  twenty-two of the laws of  two  thousand  nine  or  in  accordance  with
    30  section  eleven  hundred  eleven-d of this chapter or in accordance with
    31  section eleven hundred eleven-e of this chapter or the record of liabil-
    32  ities incurred in accordance with  section  two  thousand  nine  hundred
    33  eighty-five  of  the  public  authorities  law  or  sections  sixteen-a,
    34  sixteen-b and sixteen-c of chapter seven  hundred  seventy-four  of  the
    35  laws  of  nineteen hundred fifty of the person charged, or the record of
    36  liabilities incurred in accordance with section eleven hundred  eleven-c
    37  of  this  chapter,  or  the record of liabilities incurred in accordance
    38  with section eleven hundred eighty-b of this chapter, or in  the  record
    39  of liabilities incurred in accordance with section eleven hundred eight-
    40  y-d  of  this  chapter  of  the  person  charged, as applicable prior to
    41  rendering a final  determination.  Final  determinations  sustaining  or
    42  dismissing  charges shall be entered on a final determination roll main-
    43  tained by the bureau together with records showing payment  and  nonpay-
    44  ment of penalties.
    45    2.  Where  an operator or owner fails to enter a plea to a charge of a
    46  parking violation or contest an allegation of  liability  in  accordance
    47  with  section  eleven  hundred eleven-a of this chapter or in accordance
    48  with sections eleven hundred  eleven-b  of  this  chapter  as  added  by
    49  sections  sixteen  of chapters twenty, twenty-one, and twenty-two of the
    50  laws of two thousand nine or in accordance with section  eleven  hundred
    51  eleven-d  of  this  chapter or in accordance with section eleven hundred
    52  eleven-e of this chapter or fails to contest an allegation of  liability
    53  in  accordance with section two thousand nine hundred eighty-five of the
    54  public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
    55  chapter seven hundred seventy-four  of  the  laws  of  nineteen  hundred
    56  fifty, or fails to contest an allegation of liability in accordance with

        S. 9031                            25
     1  section  eleven  hundred eleven-c of this chapter or fails to contest an
     2  allegation of liability in accordance with section eleven hundred eight-
     3  y-b of this chapter or fails to contest an allegation  of  liability  in
     4  accordance with section eleven hundred eighty-d of this chapter or fails
     5  to  appear  on a designated hearing date or subsequent adjourned date or
     6  fails after a hearing to comply with  the  determination  of  a  hearing
     7  examiner,  as prescribed by this article or by rule or regulation of the
     8  bureau, such failure to plead or contest,  appear  or  comply  shall  be
     9  deemed, for all purposes, an admission of liability and shall be grounds
    10  for  rendering  and entering a default judgment in an amount provided by
    11  the rules and regulations of the bureau. However, after  the  expiration
    12  of the original date prescribed for entering a plea and before a default
    13  judgment  may be rendered, in such case the bureau shall pursuant to the
    14  applicable provisions of law notify such operator or owner, by such form
    15  of first class mail as the commission may direct; (1) of  the  violation
    16  charged, or liability in accordance with section eleven hundred eleven-a
    17  of  this  chapter or in accordance with sections eleven hundred eleven-b
    18  of this chapter as added by sections sixteen of chapters  twenty,  twen-
    19  ty-one, and twenty-two of the laws of two thousand nine or in accordance
    20  with  section  eleven  hundred eleven-d of this chapter or in accordance
    21  with section eleven hundred eleven-e of this chapter alleged or  liabil-
    22  ity  in accordance with section two thousand nine hundred eighty-five of
    23  the  public  authorities  law  or  sections  sixteen-a,  sixteen-b   and
    24  sixteen-c  of chapter seven hundred seventy-four of the laws of nineteen
    25  hundred fifty alleged or liability in  accordance  with  section  eleven
    26  hundred eleven-c of this chapter or liability in accordance with section
    27  eleven hundred eighty-b of this chapter alleged, or liability in accord-
    28  ance  with  section eleven hundred eighty-d of this chapter alleged, (2)
    29  of the impending default  judgment,  (3)  that  such  judgment  will  be
    30  entered  in  the  Civil  Court  of the city in which the bureau has been
    31  established, or other court of civil jurisdiction  or  any  other  place
    32  provided  for the entry of civil judgments within the state of New York,
    33  and (4) that a default may be avoided by entering a plea  or  contesting
    34  an  allegation  of  liability  in accordance with section eleven hundred
    35  eleven-a of this chapter or in accordance with sections  eleven  hundred
    36  eleven-b  of this chapter as added by sections sixteen of chapters twen-
    37  ty, twenty-one, and twenty-two of the laws of two thousand  nine  or  in
    38  accordance  with  section  eleven hundred eleven-d of this chapter or in
    39  accordance with section eleven  hundred  eleven-e  of  this  chapter  or
    40  contesting  an  allegation  of  liability in accordance with section two
    41  thousand nine hundred eighty-five  of  the  public  authorities  law  or
    42  sections  sixteen-a,  sixteen-b  and  sixteen-c of chapter seven hundred
    43  seventy-four of the laws of nineteen  hundred  fifty  or  contesting  an
    44  allegation  of  liability  in  accordance  with  section  eleven hundred
    45  eleven-c of this chapter or contesting an  allegation  of  liability  in
    46  accordance  with  section  eleven  hundred  eighty-b  of this chapter or
    47  contesting an allegation of liability in accordance with section  eleven
    48  hundred  eighty-d  of this chapter, as appropriate, or making an appear-
    49  ance within thirty days of the sending of such notice. Pleas entered and
    50  allegations  contested  within  that  period  shall  be  in  the  manner
    51  prescribed  in  the notice and not subject to additional penalty or fee.
    52  Such notice of impending default judgment shall not be required prior to
    53  the rendering and entry thereof in the case of operators or  owners  who
    54  are  non-residents  of the state of New York. In no case shall a default
    55  judgment be rendered or, where required, a notice of  impending  default
    56  judgment  be  sent, more than two years after the expiration of the time

        S. 9031                            26
     1  prescribed for entering a plea  or  contesting  an  allegation.  When  a
     2  person  has  demanded a hearing, no fine or penalty shall be imposed for
     3  any reason, prior to the holding of the hearing. If the hearing examiner
     4  shall  make  a  determination on the charges, sustaining them, he or she
     5  shall impose no greater penalty or fine than those upon which the person
     6  was originally charged.
     7    § 18-a. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
     8  law, as amended by section 7-a of chapter 222 of the laws of  2015,  are
     9  amended to read as follows:
    10    1.  The  hearing  examiner  shall make a determination on the charges,
    11  either sustaining or dismissing them. Where the hearing examiner  deter-
    12  mines  that the charges have been sustained he or she may examine either
    13  the prior  parking  violations  record  or  the  record  of  liabilities
    14  incurred  in  accordance  with  sections eleven hundred eleven-b of this
    15  chapter as added by sections sixteen of chapters twenty, twenty-one, and
    16  twenty-two of the laws of  two  thousand  nine  or  in  accordance  with
    17  section  eleven  hundred  eleven-d of this chapter or in accordance with
    18  section eleven hundred eleven-e of this chapter of the  person  charged,
    19  or  the record of liabilities incurred in accordance with section eleven
    20  hundred eleven-c of this chapter, or the record of liabilities  incurred
    21  in  accordance  with section eleven hundred eighty-b of this chapter, or
    22  the record of liabilities incurred in  accordance  with  section  eleven
    23  hundred  eighty-d  of  this chapter of the person charged, as applicable
    24  prior to rendering a final determination.  Final determinations sustain-
    25  ing or dismissing charges shall be entered on a final determination roll
    26  maintained by the bureau  together  with  records  showing  payment  and
    27  nonpayment of penalties.
    28    2.  Where  an operator or owner fails to enter a plea to a charge of a
    29  parking violation or contest an allegation of  liability  in  accordance
    30  with  sections  eleven  hundred  eleven-b  of  this  chapter as added by
    31  sections sixteen of chapters twenty, twenty-one, and twenty-two  of  the
    32  laws  of  two thousand nine or in accordance with section eleven hundred
    33  eleven-d of this chapter, or in accordance with section  eleven  hundred
    34  eleven-e of this chapter, or fails to contest an allegation of liability
    35  in  accordance  with section eleven hundred eleven-c of this chapter, or
    36  fails to contest an allegation of liability incurred in accordance  with
    37  section  eleven hundred eighty-b of this chapter, or fails to contest an
    38  allegation of liability  incurred  in  accordance  with  section  eleven
    39  hundred  eighty-d  of  this  chapter, or fails to appear on a designated
    40  hearing date or subsequent adjourned date or fails after  a  hearing  to
    41  comply  with  the  determination of a hearing examiner, as prescribed by
    42  this article or by rule or regulation of the  bureau,  such  failure  to
    43  plead,  contest,  appear or comply shall be deemed, for all purposes, an
    44  admission of liability and shall be grounds for rendering and entering a
    45  default judgment in an amount provided by the rules and  regulations  of
    46  the   bureau.  However,  after  the  expiration  of  the  original  date
    47  prescribed for entering a plea and before  a  default  judgment  may  be
    48  rendered,  in  such  case  the  bureau  shall pursuant to the applicable
    49  provisions of law notify such operator or owner, by such form  of  first
    50  class  mail  as the commission may direct; (1) of the violation charged,
    51  or liability in accordance with sections eleven hundred eleven-b of this
    52  chapter, as added by sections sixteen of  chapters  twenty,  twenty-one,
    53  and  twenty-two  of  the laws of two thousand nine or in accordance with
    54  section eleven hundred eleven-d of this chapter, or in  accordance  with
    55  section eleven hundred eleven-e of this chapter, or liability in accord-
    56  ance  with  section eleven hundred eleven-c of this chapter or liability

        S. 9031                            27
     1  in accordance with section  eleven  hundred  eighty-b  of  this  chapter
     2  alleged, or liability in accordance with section eleven hundred eighty-d
     3  of this chapter alleged, (2) of the impending default judgment, (3) that
     4  such  judgment  will  be entered in the Civil Court of the city in which
     5  the bureau has been established, or other court of civil jurisdiction or
     6  any other place provided for the entry of  civil  judgments  within  the
     7  state  of  New York, and (4) that a default may be avoided by entering a
     8  plea or  contesting  an  allegation  of  liability  in  accordance  with
     9  sections  eleven  hundred  eleven-b of this chapter as added by sections
    10  sixteen of chapters twenty, twenty-one, and twenty-two of  the  laws  of
    11  two  thousand nine or in accordance with section eleven hundred eleven-d
    12  of this chapter or in accordance with section eleven hundred eleven-e of
    13  this chapter, or contesting an allegation  of  liability  in  accordance
    14  with  section  eleven  hundred eleven-c of this chapter or contesting an
    15  allegation of liability in accordance with section eleven hundred eight-
    16  y-b of this chapter or contesting an allegation of liability in  accord-
    17  ance  with section eleven hundred eighty-d of this chapter, as appropri-
    18  ate, or making an appearance within thirty days of the sending  of  such
    19  notice. Pleas entered and allegations contested within that period shall
    20  be  in the manner prescribed in the notice and not subject to additional
    21  penalty or fee. Such notice of impending default judgment shall  not  be
    22  required  prior to the rendering and entry thereof in the case of opera-
    23  tors or owners who are non-residents of the state of  New  York.  In  no
    24  case  shall  a default judgment be rendered or, where required, a notice
    25  of impending default judgment be sent, more than  two  years  after  the
    26  expiration  of  the time prescribed for entering a plea or contesting an
    27  allegation. When a person has demanded a hearing,  no  fine  or  penalty
    28  shall be imposed for any reason, prior to the holding of the hearing. If
    29  the hearing examiner shall make a determination on the charges, sustain-
    30  ing  them,  he or she shall impose no greater penalty or fine than those
    31  upon which the person was originally charged.
    32    § 18-b. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
    33  law, as amended by section 7-b of chapter 222 of the laws of  2015,  are
    34  amended to read as follows:
    35    1.  The  hearing  examiner  shall make a determination on the charges,
    36  either sustaining or dismissing them. Where the hearing examiner  deter-
    37  mines  that  the  charges  have been sustained he or she may examine the
    38  prior parking violations record or the record of liabilities incurred in
    39  accordance with section eleven hundred eleven-e of this chapter  of  the
    40  person charged, or the record of liabilities incurred in accordance with
    41  section  eleven  hundred eleven-d of this chapter of the person charged,
    42  or the record of liabilities incurred in accordance with section  eleven
    43  hundred  eleven-c of this chapter, or the record of liabilities incurred
    44  in accordance with section eleven hundred eighty-b of this  chapter,  or
    45  the  record  of  liabilities  incurred in accordance with section eleven
    46  hundred eighty-d of this chapter of the person charged,  as  applicable,
    47  prior  to rendering a final determination. Final determinations sustain-
    48  ing or dismissing charges shall be entered on a final determination roll
    49  maintained by the bureau  together  with  records  showing  payment  and
    50  nonpayment of penalties.
    51    2.  Where  an operator or owner fails to enter a plea to a charge of a
    52  parking violation or contest an allegation of  liability  in  accordance
    53  with  section  eleven  hundred  eleven-e  of this chapter, or contest an
    54  allegation of  liability  in  accordance  with  section  eleven  hundred
    55  eleven-d of this chapter, or fails to contest an allegation of liability
    56  in  accordance  with section eleven hundred eleven-c of this chapter, or

        S. 9031                            28
     1  fails to contest an allegation of liability incurred in accordance  with
     2  section  eleven hundred eighty-b of this chapter, or fails to contest an
     3  allegation of liability  incurred  in  accordance  with  section  eleven
     4  hundred  eighty-d  of  this  chapter, or fails to appear on a designated
     5  hearing date or subsequent adjourned date or fails after  a  hearing  to
     6  comply  with  the  determination of a hearing examiner, as prescribed by
     7  this article or by rule or regulation of the  bureau,  such  failure  to
     8  plead,  appear or comply shall be deemed, for all purposes, an admission
     9  of liability and shall be grounds for rendering and entering  a  default
    10  judgment  in  an  amount  provided  by  the rules and regulations of the
    11  bureau. However, after the expiration of the  original  date  prescribed
    12  for  entering  a  plea and before a default judgment may be rendered, in
    13  such case the bureau shall pursuant to the applicable provisions of  law
    14  notify  such  operator or owner, by such form of first class mail as the
    15  commission may direct; (1) of the violation  charged,  or  liability  in
    16  accordance  with  section  eleven  hundred  eleven-e of this chapter, or
    17  liability in accordance with section eleven  hundred  eleven-d  of  this
    18  chapter,  or alleged liability in accordance with section eleven hundred
    19  eleven-c of this chapter or alleged liability in accordance with section
    20  eleven hundred eighty-b of this chapter, or alleged liability in accord-
    21  ance with section eleven hundred eighty-d of this chapter,  (2)  of  the
    22  impending  default  judgment,  (3) that such judgment will be entered in
    23  the Civil Court of the city in which the bureau has been established, or
    24  other court of civil jurisdiction or any other place  provided  for  the
    25  entry  of  civil  judgments within the state of New York, and (4) that a
    26  default may be avoided by entering a plea or contesting an allegation of
    27  liability in accordance with section eleven  hundred  eleven-e  of  this
    28  chapter  or  contesting  an  allegation  of liability in accordance with
    29  section eleven hundred eleven-d of this chapter or contesting an allega-
    30  tion of liability in accordance with section eleven hundred eleven-c  of
    31  this chapter or contesting an allegation of liability in accordance with
    32  section eleven hundred eighty-b of this chapter or contesting an allega-
    33  tion  of liability in accordance with section eleven hundred eighty-d of
    34  this chapter or making an appearance within thirty days of  the  sending
    35  of  such notice. Pleas entered within that period shall be in the manner
    36  prescribed in the notice and not subject to additional penalty  or  fee.
    37  Such notice of impending default judgment shall not be required prior to
    38  the  rendering  and entry thereof in the case of operators or owners who
    39  are non-residents of the state of New York. In no case shall  a  default
    40  judgment  be  rendered or, where required, a notice of impending default
    41  judgment be sent, more than two years after the expiration of  the  time
    42  prescribed  for  entering a plea.  When a person has demanded a hearing,
    43  no fine or penalty shall be imposed for any reason, prior to the holding
    44  of the hearing. If the hearing examiner shall make  a  determination  on
    45  the  charges, sustaining them, he or she shall impose no greater penalty
    46  or fine than those upon which the person was originally charged.
    47    § 18-c. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
    48  law, as amended by section 7-c of chapter 222 of the laws of  2015,  are
    49  amended to read as follows:
    50    1.  The  hearing  examiner  shall make a determination on the charges,
    51  either sustaining or dismissing them. Where the hearing examiner  deter-
    52  mines  that the charges have been sustained he or she may examine either
    53  the prior  parking  violations  record  or  the  record  of  liabilities
    54  incurred  in  accordance  with  section  eleven hundred eleven-d of this
    55  chapter of the person charged, or the record of liabilities incurred  in
    56  accordance  with  section eleven hundred eleven-e of this chapter of the

        S. 9031                            29
     1  person charged or the record of liabilities incurred in accordance  with
     2  section  eleven  hundred  eighty-b  of  this  chapter,  or the record of
     3  liabilities incurred in accordance with section eleven hundred  eighty-d
     4  of this chapter of the person charged, as applicable, prior to rendering
     5  a  final  determination.  Final  determinations sustaining or dismissing
     6  charges shall be entered on a final determination roll maintained by the
     7  bureau together with records showing payment and  nonpayment  of  penal-
     8  ties.
     9    2.  Where  an operator or owner fails to enter a plea to a charge of a
    10  parking violation or contest an allegation of  liability  in  accordance
    11  with section eleven hundred eleven-e of this chapter or contest an alle-
    12  gation  of  liability in accordance with section eleven hundred eleven-d
    13  of this chapter or fails to contest an allegation of liability  incurred
    14  in  accordance  with  section eleven hundred eighty-b of this chapter or
    15  fails to contest an allegation of liability incurred in accordance  with
    16  section  eleven hundred eighty-d of this chapter or fails to appear on a
    17  designated hearing date or subsequent adjourned date or  fails  after  a
    18  hearing  to  comply  with  the  determination  of a hearing examiner, as
    19  prescribed by this article or by rule or regulation of the bureau,  such
    20  failure to plead, appear or comply shall be deemed, for all purposes, an
    21  admission of liability and shall be grounds for rendering and entering a
    22  default  judgment  in an amount provided by the rules and regulations of
    23  the  bureau.  However,  after  the  expiration  of  the  original   date
    24  prescribed  for  entering  a  plea  and before a default judgment may be
    25  rendered, in such case the  bureau  shall  pursuant  to  the  applicable
    26  provisions  of  law notify such operator or owner, by such form of first
    27  class mail as the commission may direct; (1) of the violation charged or
    28  liability in accordance with section eleven  hundred  eleven-e  of  this
    29  chapter  or liability in accordance with section eleven hundred eleven-d
    30  of this chapter or liability in accordance with section  eleven  hundred
    31  eighty-b  of  this  chapter  alleged,  or  liability  in accordance with
    32  section eleven hundred eighty-d of this  chapter  alleged,  (2)  of  the
    33  impending  default  judgment,  (3) that such judgment will be entered in
    34  the Civil Court of the city in which the bureau has been established, or
    35  other court of civil jurisdiction or any other place  provided  for  the
    36  entry  of  civil  judgments within the state of New York, and (4) that a
    37  default may be avoided by entering a plea or contesting an allegation of
    38  liability in accordance with section eleven  hundred  eleven-e  of  this
    39  chapter  or  contesting  an  allegation  of liability in accordance with
    40  section eleven hundred eleven-d of this chapter or contesting an allega-
    41  tion of liability in accordance with section eleven hundred eighty-b  of
    42  this chapter or contesting an allegation of liability in accordance with
    43  section  eleven hundred eighty-d of this chapter or making an appearance
    44  within thirty days of the sending of such notice. Pleas  entered  within
    45  that  period  shall  be  in  the manner prescribed in the notice and not
    46  subject to additional penalty or fee. Such notice of  impending  default
    47  judgment  shall not be required prior to the rendering and entry thereof
    48  in the case of operators or owners who are non-residents of the state of
    49  New York. In no case shall a default  judgment  be  rendered  or,  where
    50  required,  a notice of impending default judgment be sent, more than two
    51  years after the expiration of the time prescribed for entering  a  plea.
    52  When  a  person  has  demanded  a  hearing,  no fine or penalty shall be
    53  imposed for any reason, prior to the holding  of  the  hearing.  If  the
    54  hearing  examiner  shall make a determination on the charges, sustaining
    55  them, he shall impose no greater penalty or fine than those  upon  which
    56  the person was originally charged.

        S. 9031                            30
     1    § 18-d. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
     2  law,  as  amended by section 7-d of chapter 222 of the laws of 2015, are
     3  amended to read as follows:
     4    1.  The  hearing  examiner  shall make a determination on the charges,
     5  either sustaining or dismissing them. Where the hearing examiner  deter-
     6  mines  that the charges have been sustained he or she may examine either
     7  the prior  parking  violations  record  or  the  record  of  liabilities
     8  incurred  in  accordance  with  section  eleven hundred eleven-e of this
     9  chapter of the person charged or the record of liabilities  incurred  in
    10  accordance  with  section eleven hundred eleven-d of this chapter of the
    11  person charged or the record of liabilities incurred in accordance  with
    12  section  eleven  hundred eighty-d of this chapter of the person charged,
    13  as applicable, prior to rendering a final determination.  Final determi-
    14  nations sustaining or dismissing charges shall be  entered  on  a  final
    15  determination  roll maintained by the bureau together with records show-
    16  ing payment and nonpayment of penalties.
    17    2. Where an operator or owner fails to enter a plea to a charge  of  a
    18  parking  violation  or  contest an allegation of liability in accordance
    19  with section eleven hundred eleven-e of this chapter or contest an alle-
    20  gation of liability in accordance with section eleven  hundred  eleven-d
    21  of  this  chapter  or  contest  an  allegation  of liability incurred in
    22  accordance with section eleven hundred eighty-d of this chapter or fails
    23  to appear on a designated hearing date or subsequent adjourned  date  or
    24  fails  after  a  hearing  to  comply with the determination of a hearing
    25  examiner, as prescribed by this article or by rule or regulation of  the
    26  bureau, such failure to plead, appear or comply shall be deemed, for all
    27  purposes,  an  admission of liability and shall be grounds for rendering
    28  and entering a default judgment in an amount provided by the  rules  and
    29  regulations of the bureau. However, after the expiration of the original
    30  date prescribed for entering a plea and before a default judgment may be
    31  rendered,  in  such  case  the  bureau  shall pursuant to the applicable
    32  provisions of law notify such operator or owner, by such form  of  first
    33  class mail as the commission may direct; (1) of the violation charged or
    34  liability  in  accordance  with  section eleven hundred eleven-e of this
    35  chapter alleged or liability in accordance with section  eleven  hundred
    36  eleven-d of this chapter alleged or liability in accordance with section
    37  eleven  hundred  eighty-d  of this chapter alleged, (2) of the impending
    38  default judgment, (3) that such judgment will be entered  in  the  Civil
    39  Court  of  the  city  in which the bureau has been established, or other
    40  court of civil jurisdiction or any other place provided for the entry of
    41  civil judgments within the state of New York, and (4) that a default may
    42  be avoided by entering a plea or contesting an allegation  of  liability
    43  in  accordance  with  section eleven hundred eleven-e of this chapter or
    44  contesting an allegation of liability in accordance with section  eleven
    45  hundred  eleven-d of this chapter or contesting an allegation of liabil-
    46  ity in accordance with section eleven hundred eighty-d of  this  chapter
    47  or  making  an  appearance  within  thirty  days  of the sending of such
    48  notice.   Pleas entered within  that  period  shall  be  in  the  manner
    49  prescribed  in  the notice and not subject to additional penalty or fee.
    50  Such notice of impending default judgment shall not be required prior to
    51  the rendering and entry thereof in the case of operators or  owners  who
    52  are  non-residents  of the state of New York. In no case shall a default
    53  judgment be rendered or, where required, a notice of  impending  default
    54  judgment  be  sent, more than two years after the expiration of the time
    55  prescribed for entering a plea. When a person has demanded a hearing, no
    56  fine or penalty shall be imposed for any reason, prior to the holding of

        S. 9031                            31
     1  the hearing. If the hearing examiner shall make a determination  on  the
     2  charges,  sustaining  them,  he  shall impose no greater penalty or fine
     3  than those upon which the person was originally charged.
     4    § 18-e. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
     5  law,  as  amended by section 7-e of chapter 222 of the laws of 2015, are
     6  amended to read as follows:
     7    1. The hearing examiner shall make a  determination  on  the  charges,
     8  either  sustaining or dismissing them. Where the hearing examiner deter-
     9  mines that the charges have been sustained he or  she  may  examine  the
    10  prior parking violations record or the record of liabilities incurred in
    11  accordance  with  section eleven hundred eleven-e of this chapter of the
    12  person charged or the record of liabilities incurred in accordance  with
    13  section  eleven  hundred eighty-d of this chapter of the person charged,
    14  as applicable, prior to rendering a final determination. Final  determi-
    15  nations  sustaining  or  dismissing  charges shall be entered on a final
    16  determination roll maintained by the bureau together with records  show-
    17  ing payment and nonpayment of penalties.
    18    2.  Where  an operator or owner fails to enter a plea to a charge of a
    19  parking violation or contest an allegation of  liability  in  accordance
    20  with section eleven hundred eleven-e of this chapter or contest an alle-
    21  gation  of  liability incurred in accordance with section eleven hundred
    22  eighty-d of this chapter or fails to appear on a designated hearing date
    23  or subsequent adjourned date or fails after a hearing to comply with the
    24  determination of a hearing examiner, as prescribed by this article or by
    25  rule or regulation of the bureau,  such  failure  to  plead,  appear  or
    26  comply  shall be deemed, for all purposes, an admission of liability and
    27  shall be grounds for rendering and entering a  default  judgment  in  an
    28  amount  provided  by  the  rules and regulations of the bureau. However,
    29  after the expiration of the original date prescribed for entering a plea
    30  and before a default judgment may be rendered, in such case  the  bureau
    31  shall  pursuant to the applicable provisions of law notify such operator
    32  or owner, by such form of first class mail as the commission may direct;
    33  (1) of the violation charged or liability  in  accordance  with  section
    34  eleven  hundred eleven-e of this chapter alleged or liability in accord-
    35  ance with section eleven hundred eighty-d of this chapter  alleged,  (2)
    36  of  the  impending  default  judgment,  (3)  that  such judgment will be
    37  entered in the Civil Court of the city in  which  the  bureau  has  been
    38  established,  or  other  court  of civil jurisdiction or any other place
    39  provided for the entry of civil judgments within the state of New  York,
    40  and  (4)  that a default may be avoided by entering a plea or contesting
    41  an allegation of liability in accordance  with  section  eleven  hundred
    42  eleven-e  of  this  chapter  or contesting an allegation of liability in
    43  accordance with section eleven  hundred  eighty-d  of  this  chapter  or
    44  making  an  appearance within thirty days of the sending of such notice.
    45  Pleas entered within that period shall be in the  manner  prescribed  in
    46  the  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.  When a person has demanded a hearing, no fine or
    53  penalty shall be imposed for any reason, prior to  the  holding  of  the
    54  hearing.  If  the  hearing  examiner  shall  make a determination on the
    55  charges, sustaining them, he shall impose no  greater  penalty  or  fine
    56  than those upon which the person was originally charged.

        S. 9031                            32
     1    § 18-f. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
     2  law,  subdivision  1  as  added  by chapter 715 of the laws of 1972, and
     3  subdivision 2 as amended by chapter 365 of the laws of 1978, are amended
     4  to read as follows:
     5    1.  The  hearing  examiner  shall make a determination on the charges,
     6  either sustaining or dismissing them. Where the hearing examiner  deter-
     7  mines  that  the  charges  have  been sustained he may examine the prior
     8  parking violations record or  the  record  of  liabilities  incurred  in
     9  accordance  with  section eleven hundred eighty-d of this chapter of the
    10  person charged, as applicable, prior to rendering a final determination.
    11  Final determinations sustaining or dismissing charges shall  be  entered
    12  on  a  final  determination  roll maintained by the bureau together with
    13  records showing payment and nonpayment of penalties.
    14    2. Where an operator or owner fails to enter a plea to a charge  of  a
    15  parking  violation  or  contest  an  allegation of liability incurred in
    16  accordance with section eleven hundred eighty-d of this chapter or fails
    17  to appear on a designated hearing date or subsequent adjourned  date  or
    18  fails  after  a  hearing  to  comply with the determination of a hearing
    19  examiner, as prescribed by this article or by rule or regulation of  the
    20  bureau, such failure to plead, appear or comply shall be deemed, for all
    21  purposes,  an  admission of liability and shall be grounds for rendering
    22  and entering a default judgment in an amount provided by the  rules  and
    23  regulations of the bureau. However, after the expiration of the original
    24  date prescribed for entering a plea and before a default judgment may be
    25  rendered,  in  such  case  the  bureau  shall pursuant to the applicable
    26  provisions of law notify such operator or owner, by such form  of  first
    27  class mail as the commission may direct; (1) of the violation charged or
    28  liability  in  accordance  with  section eleven hundred eighty-d of this
    29  chapter alleged, (2) of the impending default judgment,  (3)  that  such
    30  judgment  will  be  entered  in the Civil Court of the city in which the
    31  bureau has been established, or other court of civil jurisdiction or any
    32  other place provided for the entry of civil judgments within  the  state
    33  of New York, and (4) that a default may be avoided by entering a plea or
    34  contesting  an allegation of liability in accordance with section eleven
    35  hundred eighty-d of this chapter or making an appearance  within  thirty
    36  days  of  the  sending  of such notice. Pleas entered within that period
    37  shall be in the manner prescribed in the notice and not subject to addi-
    38  tional penalty or fee. Such notice of impending default  judgment  shall
    39  not  be required prior to the rendering and entry thereof in the case of
    40  operators or owners who are non-residents of the state of New  York.  In
    41  no  case  shall  a  default  judgment  be rendered or, where required, a
    42  notice of impending default judgment be sent, more than two years  after
    43  the expiration of the time prescribed for entering a plea. When a person
    44  has  demanded  a  hearing,  no  fine or penalty shall be imposed for any
    45  reason, prior to the holding of the hearing.  If  the  hearing  examiner
    46  shall  make  a  determination  on the charges, sustaining them, he shall
    47  impose no greater penalty or fine than those upon which the  person  was
    48  originally charged.
    49    §  19.  The vehicle and traffic law is amended by adding a new section
    50  1180-d to read as follows:
    51    § 1180-d. Owner liability for  failure  of  operator  to  comply  with
    52  certain  posted  maximum  speed limits. (a) 1. Notwithstanding any other
    53  provision of law, the city of Buffalo is hereby authorized to  establish
    54  a  demonstration  program  imposing monetary liability on the owner of a
    55  vehicle for failure of an operator thereof to comply with posted maximum
    56  speed limits in a school speed zone within the city (i)  when  a  school

        S. 9031                            33
     1  speed limit is in effect as provided in paragraphs one and two of subdi-
     2  vision (c) of section eleven hundred eighty of this article or (ii) when
     3  other  speed  limits  are in effect as provided in subdivision (b), (d),
     4  (f)  or  (g) of section eleven hundred eighty of this article during the
     5  following times:  (A) on school days during school hours  and  one  hour
     6  before  and  one  hour  after  the  school  day, and (B) a period during
     7  student activities at the school and up to  thirty  minutes  immediately
     8  before  and  up  to thirty minutes immediately after such student activ-
     9  ities. Such demonstration program shall  empower  the  city  to  install
    10  photo  speed  violation  monitoring  systems  within no more than twenty
    11  school speed zones within the city at any one time and to  operate  such
    12  systems  within  such zones (iii) when a school speed limit is in effect
    13  as provided in paragraphs one and two  of  subdivision  (c)  of  section
    14  eleven  hundred  eighty  of this article or (iv) when other speed limits
    15  are in effect as provided in subdivision (b), (d), (f) or (g) of section
    16  eleven hundred eighty of this article during the following times: (A) on
    17  school days during school hours and one hour before and one  hour  after
    18  the school day, and (B) a period during student activities at the school
    19  and  up  to  thirty  minutes immediately before and up to thirty minutes
    20  immediately after such student activities. In selecting a  school  speed
    21  zone  in which to install and operate a photo speed violation monitoring
    22  system, the city shall consider criteria including, but not  limited  to
    23  the  speed  data,  crash history, and the roadway geometry applicable to
    24  such school speed zone.
    25    2. No photo speed violation monitoring  system  shall  be  used  in  a
    26  school speed zone unless (i) on the day it is to be used it has success-
    27  fully  passed a self-test of its functions; and (ii) it has undergone an
    28  annual calibration check performed pursuant to paragraph  four  of  this
    29  subdivision.  The  city  shall  install signs giving notice that a photo
    30  speed violation monitoring system is in use to  be  mounted  on  advance
    31  warning  signs notifying motor vehicle operators of such upcoming school
    32  speed zone and/or on speed limit signs  applicable  within  such  school
    33  speed zone, in conformance with standards established in the MUTCD.
    34    3.  Operators  of  photo speed violation monitoring systems shall have
    35  completed training in the procedures for setting up, testing, and  oper-
    36  ating  such systems.  Each such operator shall complete and sign a daily
    37  set-up log for each such system that he or she operates that (i)  states
    38  the  date  and  time when, and the location where, the system was set up
    39  that day, and (ii) states that such operator successfully performed, and
    40  the system passed, the self-tests of  such  system  before  producing  a
    41  recorded  image  that  day.    The city shall retain each such daily log
    42  until the later of the date on which the photo speed violation  monitor-
    43  ing  system to which it applies has been permanently removed from use or
    44  the final resolution of all cases involving notices of liability  issued
    45  based  on  photographs, microphotographs, video or other recorded images
    46  produced by such system.
    47    4. Each photo speed violation monitoring system shall undergo an annu-
    48  al calibration check performed by an independent calibration  laboratory
    49  which  shall  issue  a signed certificate of calibration. The city shall
    50  keep each such annual certificate of calibration on file until the final
    51  resolution of all cases involving a notice of  liability  issued  during
    52  such  year  which were based on photographs, microphotographs, videotape
    53  or other recorded images produced by such photo speed violation monitor-
    54  ing system.
    55    5. (i) Such demonstration program shall utilize necessary technologies
    56  to ensure, to the  extent  practicable,  that  photographs,  microphoto-

        S. 9031                            34
     1  graphs,  videotape or other recorded images produced by such photo speed
     2  violation monitoring systems shall not include images that identify  the
     3  driver, the passengers, or the contents of the vehicle. Provided, howev-
     4  er, that no notice of liability issued pursuant to this section shall be
     5  dismissed  solely  because such a photograph, microphotograph, videotape
     6  or other recorded image allows for the identification of the driver, the
     7  passengers, or the contents of vehicles where the  city  shows  that  it
     8  made  reasonable efforts to comply with the provisions of this paragraph
     9  in such case.
    10    (ii) Photographs, microphotographs, videotape or  any  other  recorded
    11  image  from  a  photo speed violation monitoring system shall be for the
    12  exclusive use of the city for the purpose of the adjudication of liabil-
    13  ity imposed pursuant to this section and of the owner receiving a notice
    14  of liability pursuant to this section, and shall  be  destroyed  by  the
    15  city  upon the final resolution of the notice of liability to which such
    16  photographs,  microphotographs,  videotape  or  other  recorded   images
    17  relate,  or  one  year  following the date of issuance of such notice of
    18  liability, whichever is later.   Notwithstanding the provisions  of  any
    19  other  law, rule or regulation to the contrary, photographs, microphoto-
    20  graphs, videotape or  any  other  recorded  image  from  a  photo  speed
    21  violation monitoring system shall not be open to the public, nor subject
    22  to  civil  or  criminal  process  or discovery, nor used by any court or
    23  administrative or adjudicatory body in any action or proceeding  therein
    24  except  that  which  is  necessary  for  the adjudication of a notice of
    25  liability issued pursuant to this  section,  and  no  public  entity  or
    26  employee,  officer  or  agent  thereof  shall disclose such information,
    27  except that such photographs, microphotographs, videotape or  any  other
    28  recorded images from such systems:
    29    (A) shall be available for inspection and copying and use by the motor
    30  vehicle  owner and operator for so long as such photographs, microphoto-
    31  graphs, videotape or other recorded images are required to be maintained
    32  or are maintained by such public entity, employee, officer or agent; and
    33    (B) (1) shall be furnished when described in a search  warrant  issued
    34  by a court authorized to issue such a search warrant pursuant to article
    35  six  hundred  ninety  of  the  criminal procedure law or a federal court
    36  authorized to issue such a search warrant under federal law, where  such
    37  search  warrant  states  that  there is reasonable cause to believe such
    38  information constitutes evidence of, or tends  to  demonstrate  that,  a
    39  misdemeanor  or  felony  offense  was committed in this state or another
    40  state, or that a particular person participated in the commission  of  a
    41  misdemeanor  or felony offense in this state or another state, provided,
    42  however, that if such offense was against the laws of another state, the
    43  court shall only issue a warrant if the conduct comprising such  offense
    44  would,  if  occurring  in this state, constitute a misdemeanor or felony
    45  against the laws of this state; and
    46    (2) shall be furnished in response to a subpoena duces tecum signed by
    47  a judge of competent jurisdiction and issued  pursuant  to  article  six
    48  hundred  ten of the criminal procedure law or a judge or magistrate of a
    49  federal court authorized to issue such  a  subpoena  duces  tecum  under
    50  federal law, where the judge finds and the subpoena states that there is
    51  reasonable cause to believe such information is relevant and material to
    52  the  prosecution,  or the defense, or the investigation by an authorized
    53  law enforcement official, of the alleged commission of a misdemeanor  or
    54  felony  in  this state or another state, provided, however, that if such
    55  offense was against the laws of another state, such judge or  magistrate
    56  shall  only  issue  such subpoena if the conduct comprising such offense

        S. 9031                            35
     1  would, if occurring in this state, constitute a misdemeanor or felony in
     2  this state; and
     3    (3)  may,  if lawfully obtained pursuant to this clause and clause (A)
     4  of this subparagraph and otherwise admissible, be used in such  criminal
     5  action or proceeding.
     6    (b)  If the city of Buffalo establishes a demonstration program pursu-
     7  ant to subdivision (a) of this section, the owner of a vehicle shall  be
     8  liable  for  a  penalty imposed pursuant to this section if such vehicle
     9  was used or operated with  the  permission  of  the  owner,  express  or
    10  implied,  within  a school speed zone in violation of subdivision (c) or
    11  during the times authorized pursuant to subdivision (a) of this  section
    12  in  violation  of  subdivision  (b),  (d),  (f) or (g) of section eleven
    13  hundred eighty of this article, such vehicle was traveling at a speed of
    14  more than ten miles per hour above the  posted  speed  limit  in  effect
    15  within such school speed zone, and such violation is evidenced by infor-
    16  mation obtained from a photo speed violation monitoring system; provided
    17  however that no owner of a vehicle shall be liable for a penalty imposed
    18  pursuant  to  this  section  where the operator of such vehicle has been
    19  convicted of the underlying violation of subdivision (b), (c), (d),  (f)
    20  or (g) of section eleven hundred eighty of this article.
    21    (c)  For  purposes of this section, the following terms shall have the
    22  following meanings:
    23    1. "manual on uniform traffic control devices" or "MUTCD"  shall  mean
    24  the  manual  and  specifications for a uniform system of traffic control
    25  devices maintained by the commissioner  of  transportation  pursuant  to
    26  section sixteen hundred eighty of this chapter;
    27    2.  "owner"  shall  have the meaning provided in article two-B of this
    28  chapter;
    29    3. "photo speed violation monitoring  system"  shall  mean  a  vehicle
    30  sensor  installed  to  work in conjunction with a speed measuring device
    31  which automatically produces two or more photographs, two or more micro-
    32  photographs, a videotape or other recorded images of each vehicle at the
    33  time it is used or operated in a  school  speed  zone  in  violation  of
    34  subdivision  (b),  (c), (d), (f) or (g) of section eleven hundred eighty
    35  of this article in accordance with the provisions of this section; and
    36    4. "school speed zone" shall mean a distance not to exceed  one  thou-
    37  sand  three  hundred twenty feet on a highway passing a school building,
    38  entrance or exit of a school abutting on the highway.
    39    (d) A certificate, sworn to or affirmed by a  technician  employed  by
    40  the  city  of  Buffalo, or a facsimile thereof, based upon inspection of
    41  photographs,  microphotographs,  videotape  or  other  recorded   images
    42  produced  by  a  photo speed violation monitoring system, shall be prima
    43  facie evidence of the facts contained therein. Any  photographs,  micro-
    44  photographs,  videotape  or  other  recorded  images  evidencing  such a
    45  violation shall include at least two date and time stamped images of the
    46  rear of the motor vehicle that include the same stationary  object  near
    47  the  motor  vehicle  and shall be available for inspection reasonably in
    48  advance of and at any proceeding to adjudicate the  liability  for  such
    49  violation pursuant to this section.
    50    (e)  An owner liable for a violation of subdivision (b), (c), (d), (f)
    51  or (g) of section eleven hundred eighty of this article  pursuant  to  a
    52  demonstration  program  established  pursuant  to  this section shall be
    53  liable for monetary penalties in accordance with a schedule of fines and
    54  penalties to be promulgated by the parking violations bureau of the city
    55  of Buffalo.  The liability of the owner pursuant to this  section  shall
    56  not  exceed  fifty  dollars  for each violation; provided, however, that

        S. 9031                            36
     1  such parking violations bureau may provide for an additional penalty not
     2  in excess of twenty-five dollars for each violation for the  failure  to
     3  respond to a notice of liability within the prescribed time period.
     4    (f)  An imposition of liability under the demonstration program estab-
     5  lished pursuant to this section shall not be deemed a conviction  as  an
     6  operator  and  shall  not  be  made  part of the operating record of the
     7  person upon whom such liability is imposed nor  shall  it  be  used  for
     8  insurance purposes in the provision of motor vehicle insurance coverage.
     9    (g) 1. A notice of liability shall be sent by first class mail to each
    10  person  alleged  to be liable as an owner for a violation of subdivision
    11  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this arti-
    12  cle pursuant to this section, within  fourteen  business  days  if  such
    13  owner is a resident of this state and within forty-five business days if
    14  such  owner  is a non-resident. Personal delivery on the owner shall not
    15  be required. A manual or automatic record of  mailing  prepared  in  the
    16  ordinary  course  of business shall be prima facie evidence of the facts
    17  contained therein.
    18    2. A notice of liability shall contain the name  and  address  of  the
    19  person  alleged  to be liable as an owner for a violation of subdivision
    20  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this arti-
    21  cle pursuant to this section, the registration  number  of  the  vehicle
    22  involved  in  such  violation,  the  location  where such violation took
    23  place, the date and time of such violation, the identification number of
    24  the camera which  recorded  the  violation  or  other  document  locator
    25  number,  at  least  two  date and time stamped images of the rear of the
    26  motor vehicle that include the same stationary  object  near  the  motor
    27  vehicle, and the certificate charging the liability.
    28    3.  The  notice  of  liability  shall contain information advising the
    29  person charged of the manner and the time in which he or she may contest
    30  the liability alleged in the notice. Such notice of liability shall also
    31  contain a prominent warning to advise the person charged that failure to
    32  contest in the manner and time provided shall be deemed an admission  of
    33  liability and that a default judgment may be entered thereon.
    34    4. The notice of liability shall be prepared and mailed by the city of
    35  Buffalo,  or  by  any other entity authorized by the city to prepare and
    36  mail such notice of liability.
    37    (h) Adjudication of the liability imposed upon owners of this  section
    38  shall be by the city of Buffalo parking violations bureau.
    39    (i)  If  an  owner  receives  a  notice  of liability pursuant to this
    40  section for any time period during which the vehicle or the number plate
    41  or plates of such vehicle was  reported  to  the  police  department  as
    42  having  been  stolen,  it  shall  be a valid defense to an allegation of
    43  liability for a violation of subdivision (b), (c), (d), (f)  or  (g)  of
    44  section  eleven  hundred eighty of this article pursuant to this section
    45  that the vehicle or the number plate or plates of such vehicle had  been
    46  reported  to  the  police  as  stolen  prior  to  the time the violation
    47  occurred and had not been  recovered  by  such  time.  For  purposes  of
    48  asserting  the  defense provided by this subdivision, it shall be suffi-
    49  cient that a certified copy of the police report on the  stolen  vehicle
    50  or number plate or plates of such vehicle be sent by first class mail to
    51  the  city  of  Buffalo  parking violations bureau or by any other entity
    52  authorized by the city to prepare and mail such notice of liability.
    53    (j) Adjudication of the liability imposed upon owners of this  section
    54  shall be by the city of Buffalo parking violations bureau.
    55    (k)  1.  An  owner  who  is a lessor of a vehicle to which a notice of
    56  liability was issued pursuant to subdivision (g) of this  section  shall

        S. 9031                            37
     1  not be liable for the violation of subdivision (b), (c), (d), (f) or (g)
     2  of  section  eleven  hundred  eighty  of  this  article pursuant to this
     3  section, provided that:
     4    (i)  prior  to  the  violation, the lessor has filed with such parking
     5  violations bureau in accordance  with  the  provisions  of  section  two
     6  hundred thirty-nine of this chapter; and
     7    (ii)  within  thirty-seven days after receiving notice from such divi-
     8  sion of the date and time of a liability, together with the other infor-
     9  mation contained in the original notice of liability, the lessor submits
    10  to such division the correct name and address of the lessee of the vehi-
    11  cle identified in the notice of liability at the time of such violation,
    12  together with such other additional information contained in the rental,
    13  lease or other contract document, as may be reasonably required by  such
    14  division  pursuant  to  regulations  that  may  be  promulgated for such
    15  purpose.
    16    2. Failure to comply with subparagraph (ii) of paragraph one  of  this
    17  subdivision  shall render the owner liable for the penalty prescribed in
    18  this section.
    19    3. Where the lessor complies with the provisions of paragraph  one  of
    20  this  subdivision,  the  lessee  of  such  vehicle  on  the date of such
    21  violation shall be deemed to be the owner of such vehicle  for  purposes
    22  of this section, shall be subject to liability for such violation pursu-
    23  ant  to this section and shall be sent a notice of liability pursuant to
    24  subdivision (i) of this section.
    25    (l) 1. If the owner liable for a violation of subdivision (c)  or  (d)
    26  of  section  eleven  hundred  eighty  of  this  article pursuant to this
    27  section was not  the  operator  of  the  vehicle  at  the  time  of  the
    28  violation,  the owner may maintain an action for indemnification against
    29  the operator.
    30    2. Notwithstanding any other provision of this section, no owner of  a
    31  vehicle  shall  be  subject  to a monetary fine imposed pursuant to this
    32  section if the operator of such vehicle was operating such vehicle with-
    33  out the consent of the owner at the time  such  operator  operated  such
    34  vehicle in violation of subdivision (b), (c), (d), (f) or (g) of section
    35  eleven  hundred eighty of this article. For purposes of this subdivision
    36  there shall be a presumption that the operator of such vehicle was oper-
    37  ating such vehicle with the consent of the owner at  the  time  of  such
    38  operator  operated  such  vehicle  in violation of subdivision (b), (c),
    39  (d), (f) or (g) of section eleven hundred eighty of this article.
    40    (m) Nothing in this section shall be construed to limit the  liability
    41  of  an operator of a vehicle for any violation of subdivision (c) or (d)
    42  of section eleven hundred eighty of this article.
    43    (n) If the city adopts a demonstration program pursuant to subdivision
    44  (a) of this section it shall conduct a study and submit a report on  the
    45  results of the use of photo devices to the governor, the temporary pres-
    46  ident  of  the senate and the speaker of the assembly. Such report shall
    47  include:
    48    1. the locations where and dates when photo speed violation monitoring
    49  systems were used;
    50    2. the aggregate number, type and  severity  of  crashes,  fatalities,
    51  injuries  and  property  damage  reported  within all school speed zones
    52  within the city, to the extent the  information  is  maintained  by  the
    53  department of motor vehicles of this state;
    54    3.  the  aggregate  number,  type and severity of crashes, fatalities,
    55  injuries and property damage reported within school  speed  zones  where
    56  photo  speed  violation  monitoring systems were used, to the extent the

        S. 9031                            38
     1  information is maintained by the department of motor  vehicles  of  this
     2  state;
     3    4.  the  number  of  violations recorded within all school speed zones
     4  within the city, in the aggregate on a daily, weekly and monthly basis;
     5    5. the number of violations recorded within  each  school  speed  zone
     6  where  a  photo speed violation monitoring system is used, in the aggre-
     7  gate on a daily, weekly and monthly basis;
     8    6. the number of violations recorded within  all  school  speed  zones
     9  within the city that were:
    10    (i)  more  than  ten  but not more than twenty miles per hour over the
    11  posted speed limit;
    12    (ii) more than twenty but not more than thirty miles per hour over the
    13  posted speed limit;
    14    (iii) more than thirty but not more than forty miles per hour over the
    15  posted speed limit; and
    16    (iv) more than forty miles per hour over the posted speed limit;
    17    7. the number of violations recorded within  each  school  speed  zone
    18  where a photo speed violation monitoring system is used that were:
    19    (i)  more  than  ten  but not more than twenty miles per hour over the
    20  posted speed limit;
    21    (ii) more than twenty but not more than thirty miles per hour over the
    22  posted speed limit;
    23    (iii) more than thirty but not more than forty miles per hour over the
    24  posted speed limit; and
    25    (iv) more than forty miles per hour over the posted speed limit;
    26    8. the total number of notices  of  liability  issued  for  violations
    27  recorded by such systems;
    28    9.  the number of fines and total amount of fines paid after the first
    29  notice of liability issued for violations recorded by such systems;
    30    10. the number of violations adjudicated and the results of such adju-
    31  dications including  breakdowns  of  dispositions  made  for  violations
    32  recorded by such systems;
    33    11.  the  total  amount  of revenue realized by the city in connection
    34  with the program;
    35    12. the expenses incurred by the city in connection with the  program;
    36  and
    37    13. the quality of the adjudication process and its results.
    38    (o) It shall be a defense to any prosecution for a violation of subdi-
    39  vision  (b),  (c),  (d),  (f) or (g) of section eleven hundred eighty of
    40  this article pursuant to this section that such  photo  speed  violation
    41  monitoring  system  was  malfunctioning  at  the  time  of  the  alleged
    42  violation.
    43    § 20. The opening paragraph and paragraph  (c)  of  subdivision  1  of
    44  section 1809 of the vehicle and traffic law, as amended by section 10 of
    45  chapter 222 of the laws of 2015, are amended to read as follows:
    46    Whenever  proceedings in an administrative tribunal or a court of this
    47  state result in a conviction for an offense  under  this  chapter  or  a
    48  traffic  infraction  under this chapter, or a local law, ordinance, rule
    49  or regulation adopted pursuant to this chapter,  other  than  a  traffic
    50  infraction  involving  standing,  stopping,  or parking or violations by
    51  pedestrians or bicyclists, or other than an adjudication of liability of
    52  an owner for a violation of subdivision (d) of  section  eleven  hundred
    53  eleven  of  this  chapter  in  accordance  with  section  eleven hundred
    54  eleven-a of this chapter, or other than an adjudication of liability  of
    55  an  owner  for  a violation of subdivision (d) of section eleven hundred
    56  eleven of  this  chapter  in  accordance  with  section  eleven  hundred

        S. 9031                            39
     1  eleven-b  of  this  chapter, or other than an adjudication in accordance
     2  with section eleven hundred eleven-c of this chapter for a violation  of
     3  a  bus  lane  restriction  as  defined in such section, or other than an
     4  adjudication of liability of an owner for a violation of subdivision (d)
     5  of  section  eleven  hundred  eleven  of this chapter in accordance with
     6  section eleven hundred eleven-d of this chapter, or other than an  adju-
     7  dication  of  liability  of an owner for a violation of subdivision (b),
     8  (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in
     9  accordance with section eleven hundred  eighty-b  of  this  chapter,  or
    10  other  than  an adjudication of liability of an owner for a violation of
    11  subdivision (b), (c), (d), (f) or (g) of section eleven  hundred  eighty
    12  of  this  chapter  in accordance with section eleven hundred eighty-c of
    13  this chapter, or other than an adjudication of liability of an owner for
    14  a violation of subdivision (d) of section eleven hundred eleven of  this
    15  chapter in accordance with section eleven hundred eleven-e of this chap-
    16  ter,  or  other  than  an  adjudication  of  liability of an owner for a
    17  violation of subdivision (b), (c), (d), (f) or  (g)  of  section  eleven
    18  hundred eighty of this chapter in accordance with section eleven hundred
    19  eighty-d  of  this chapter, there shall be levied a crime victim assist-
    20  ance fee and a mandatory surcharge, in addition to any sentence required
    21  or permitted by law, in accordance with the following schedule:
    22    (c) Whenever proceedings in an administrative tribunal or a  court  of
    23  this  state  result  in  a  conviction for an offense under this chapter
    24  other than a crime pursuant to section eleven hundred ninety-two of this
    25  chapter, or a traffic infraction under this chapter,  or  a  local  law,
    26  ordinance,  rule  or  regulation adopted pursuant to this chapter, other
    27  than a traffic infraction involving standing, stopping,  or  parking  or
    28  violations  by  pedestrians or bicyclists, or other than an adjudication
    29  of liability of an owner for a violation of subdivision (d)  of  section
    30  eleven  hundred eleven of this chapter in accordance with section eleven
    31  hundred eleven-a of this chapter,  or  other  than  an  adjudication  of
    32  liability  of  an  owner  for  a violation of subdivision (d) of section
    33  eleven hundred eleven of this chapter in accordance with section  eleven
    34  hundred  eleven-b  of  this  chapter,  or  other than an adjudication of
    35  liability of an owner for a violation  of  subdivision  (d)  of  section
    36  eleven  hundred eleven of this chapter in accordance with section eleven
    37  hundred eleven-d of this chapter, or other than an  infraction  pursuant
    38  to article nine of this chapter or other than an adjudication of liabil-
    39  ity  of an owner for a violation of toll collection regulations pursuant
    40  to section two thousand nine hundred eighty-five of the public  authori-
    41  ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
    42  hundred seventy-four of the laws of nineteen hundred fifty or other than
    43  an  adjudication  in  accordance with section eleven hundred eleven-c of
    44  this chapter for a violation of a bus lane  restriction  as  defined  in
    45  such section, or other than an adjudication of liability of an owner for
    46  a  violation  of subdivision (b), (c), (d), (f) or (g) of section eleven
    47  hundred eighty of this chapter in accordance with section eleven hundred
    48  eighty-b of this chapter, or other than an adjudication of liability  of
    49  an  owner  for  a  violation of subdivision (b), (c), (d), (f) or (g) of
    50  section eleven hundred eighty of this chapter in accordance with section
    51  eleven hundred eighty-c of this chapter, or other than  an  adjudication
    52  of  liability  of an owner for a violation of subdivision (d) of section
    53  eleven hundred eleven of this chapter in accordance with section  eleven
    54  hundred  eleven-e  of  this  chapter,  or  other than an adjudication of
    55  liability of an owner for a violation of subdivision (b), (c), (d),  (f)
    56  or  (g)  of  section eleven hundred eighty of this chapter in accordance

        S. 9031                            40
     1  with section eleven hundred eighty-d of this  chapter,  there  shall  be
     2  levied a crime victim assistance fee in the amount of five dollars and a
     3  mandatory  surcharge,  in addition to any sentence required or permitted
     4  by law, in the amount of fifty-five dollars.
     5    §  20-a. Subdivision 1 of section 1809 of the vehicle and traffic law,
     6  as amended by section 10-a of chapter  222  of  the  laws  of  2015,  is
     7  amended to read as follows:
     8    1.  Whenever  proceedings  in an administrative tribunal or a court of
     9  this state result in a conviction for a crime under this  chapter  or  a
    10  traffic  infraction  under this chapter, or a local law, ordinance, rule
    11  or regulation adopted pursuant to this chapter,  other  than  a  traffic
    12  infraction involving standing, stopping, parking or motor vehicle equip-
    13  ment  or violations by pedestrians or bicyclists, or other than an adju-
    14  dication of liability of an owner for a violation of subdivision (d)  of
    15  section eleven hundred eleven of this chapter in accordance with section
    16  eleven  hundred  eleven-a of this chapter, 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-b of this chapter,  or  other  than  an  adjudication  in
    20  accordance  with  section  eleven hundred eleven-c of this chapter for a
    21  violation of a bus lane restriction as defined in such section, or other
    22  than an adjudication of liability of an owner for a violation of  subdi-
    23  vision  (d)  of section eleven hundred eleven of this chapter in accord-
    24  ance with section eleven hundred eleven-d of this chapter, or other than
    25  an adjudication of liability of an owner for a violation of  subdivision
    26  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    27  ter  in accordance with section eleven hundred eighty-b of this chapter,
    28  or other than an adjudication of liability of an owner for  a  violation
    29  of  subdivision  (b),  (c),  (d),  (f)  or (g) of section eleven hundred
    30  eighty of this chapter in accordance with section eleven hundred  eight-
    31  y-c  of  this  chapter, or other than an adjudication of liability of an
    32  owner for a violation of subdivision  (b),  (c),  (d),  (f)  or  (g)  of
    33  section eleven hundred eighty of this chapter in accordance with section
    34  eleven  hundred  eighty-d of this chapter, or other than an adjudication
    35  of liability of an owner for a violation of subdivision (d)  of  section
    36  eleven  hundred eleven of this chapter in accordance with section eleven
    37  hundred eleven-e of this chapter, there  shall  be  levied  a  mandatory
    38  surcharge,  in addition to any sentence required or permitted by law, in
    39  the amount of twenty-five dollars.
    40    § 20-b. Subdivision 1 of section 1809 of the vehicle and traffic  law,
    41  as  amended  by  section  10-b  of  chapter  222 of the laws of 2015, is
    42  amended to read as follows:
    43    1. Whenever proceedings in an administrative tribunal or  a  court  of
    44  this  state  result  in a conviction for a crime under this chapter or a
    45  traffic infraction under this chapter other than  a  traffic  infraction
    46  involving  standing,  stopping,  parking  or  motor vehicle equipment or
    47  violations by pedestrians or bicyclists, or other than  an  adjudication
    48  in accordance with section eleven hundred eleven-c of this chapter for a
    49  violation of a bus lane restriction as defined in such section, or other
    50  than  an adjudication of liability of an owner for a violation of subdi-
    51  vision (d) of section eleven hundred eleven of this chapter  in  accord-
    52  ance with section eleven hundred eleven-d of this chapter, or other than
    53  an  adjudication of liability of an owner for a violation of subdivision
    54  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    55  ter in accordance with section eleven hundred eighty-b of this  chapter,
    56  or  other  than an adjudication of liability of an owner for a violation

        S. 9031                            41
     1  of subdivision (b), (c), (d), (f)  or  (g)  of  section  eleven  hundred
     2  eighty  of this chapter in accordance with section eleven hundred eight-
     3  y-c of this chapter, or other than an adjudication of  liability  of  an
     4  owner  for  a  violation  of  subdivision  (b),  (c), (d), (f) or (g) of
     5  section eleven hundred eighty of this chapter in accordance with section
     6  eleven hundred eighty-d of this chapter, or other than  an  adjudication
     7  of  liability  of an owner for a violation of subdivision (d) of section
     8  eleven hundred eleven of this chapter in accordance with section  eleven
     9  hundred  eleven-e  of  this  chapter,  there shall be levied a mandatory
    10  surcharge, in addition to any sentence required or permitted by law,  in
    11  the amount of seventeen dollars.
    12    §  20-c. Subdivision 1 of section 1809 of the vehicle and traffic law,
    13  as amended by section 10-c of chapter  222  of  the  laws  of  2015,  is
    14  amended to read as follows:
    15    1.  Whenever  proceedings  in an administrative tribunal or a court of
    16  this state result in a conviction for a crime under this  chapter  or  a
    17  traffic  infraction  under  this chapter other than a traffic infraction
    18  involving standing, stopping, parking  or  motor  vehicle  equipment  or
    19  violations  by  pedestrians or bicyclists, or other than an adjudication
    20  of liability of an owner for a violation of subdivision (b),  (c),  (d),
    21  (f)  or  (g) of section eleven hundred eighty of this chapter in accord-
    22  ance with section eleven hundred eighty-b of this chapter, or other than
    23  an adjudication of liability of an owner for a violation of  subdivision
    24  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    25  ter  in accordance with section eleven hundred eighty-c of this chapter,
    26  or other than an adjudication of liability of an owner for  a  violation
    27  of  subdivision  (b),  (c),  (d),  (f)  or (g) of section eleven hundred
    28  eighty of this chapter in accordance with section eleven hundred  eight-
    29  y-d  of  this  chapter, or other than an adjudication of liability of an
    30  owner for a violation of subdivision (d) of section eleven hundred elev-
    31  en of this chapter in accordance with section eleven hundred eleven-d of
    32  this chapter, or other than an adjudication of liability of an owner for
    33  a violation of subdivision (d) of section eleven hundred eleven of  this
    34  chapter in accordance with section eleven hundred eleven-e of this chap-
    35  ter,  there  shall  be  levied a mandatory surcharge, in addition to any
    36  sentence required or permitted  by  law,  in  the  amount  of  seventeen
    37  dollars.
    38    §  20-d. Subdivision 1 of section 1809 of the vehicle and traffic law,
    39  as amended by section 10-d of chapter  222  of  the  laws  of  2015,  is
    40  amended to read as follows:
    41    1.  Whenever  proceedings  in an administrative tribunal or a court of
    42  this state result in a conviction for a crime under this  chapter  or  a
    43  traffic  infraction  under  this chapter other than a traffic infraction
    44  involving standing, stopping, parking  or  motor  vehicle  equipment  or
    45  violations  by  pedestrians or bicyclists, or other than an adjudication
    46  of liability of an owner for a violation of subdivision (b),  (c),  (d),
    47  (f)  or  (g) of section eleven hundred eighty of this chapter in accord-
    48  ance with section eleven hundred eighty-c of this chapter, or other than
    49  an adjudication of liability of an owner for a violation of  subdivision
    50  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    51  ter  in accordance with section eleven hundred eighty-d of this chapter,
    52  or other than an adjudication of liability of an owner for  a  violation
    53  of  subdivision  (d) of section eleven hundred eleven of this chapter in
    54  accordance with section eleven hundred  eleven-d  of  this  chapter,  or
    55  other  than  an adjudication of liability of an owner for a violation of
    56  subdivision (d) of section eleven hundred  eleven  of  this  chapter  in

        S. 9031                            42
     1  accordance  with  section eleven hundred eleven-e of this chapter, there
     2  shall be levied a mandatory  surcharge,  in  addition  to  any  sentence
     3  required or permitted by law, in the amount of seventeen dollars.
     4    §  20-e. Subdivision 1 of section 1809 of the vehicle and traffic law,
     5  as amended by section 10-e of chapter  222  of  the  laws  of  2015,  is
     6  amended to read as follows:
     7    1.  Whenever  proceedings  in an administrative tribunal or a court of
     8  this state result in a conviction for a crime under this  chapter  or  a
     9  traffic  infraction  under  this chapter other than a traffic infraction
    10  involving standing, stopping, parking  or  motor  vehicle  equipment  or
    11  violations  by  pedestrians or bicyclists, or other than an adjudication
    12  of liability of an owner for a violation of subdivision (b),  (c),  (d),
    13  (f)  or  (g) of section eleven hundred eighty of this chapter in accord-
    14  ance with section eleven hundred eighty-d of this chapter, or other than
    15  an adjudication of liability of an owner for a violation of  subdivision
    16  (d)  of section eleven hundred eleven of this chapter in accordance with
    17  section eleven hundred eleven-d of this chapter, or other than an  adju-
    18  dication  of liability of an owner for a violation of subdivision (d) of
    19  section eleven hundred eleven of this chapter in accordance with section
    20  eleven hundred eleven-e of this chapter, there shall be levied a  manda-
    21  tory  surcharge,  in  addition  to any sentence required or permitted by
    22  law, in the amount of seventeen dollars.
    23    § 20-f. Subdivision 1 of section 1809 of the vehicle and traffic  law,
    24  as  amended  by  section  10-f  of  chapter  222 of the laws of 2015, is
    25  amended to read as follows:
    26    1. Whenever proceedings in an administrative tribunal or  a  court  of
    27  this  state  result  in a conviction for a crime under this chapter or a
    28  traffic infraction under this chapter other than  a  traffic  infraction
    29  involving  standing,  stopping,  parking  or  motor vehicle equipment or
    30  violations by pedestrians or bicyclists, or other than  an  adjudication
    31  of  liability  of an owner for a violation of subdivision (b), (c), (d),
    32  (f) or (g) of section eleven hundred eighty of this chapter  in  accord-
    33  ance with section eleven hundred eighty-d of this chapter, or other than
    34  an  adjudication of liability of an owner for a violation of subdivision
    35  (d) of section eleven hundred eleven of this chapter in accordance  with
    36  section eleven hundred eleven-e of this chapter, there shall be levied a
    37  mandatory  surcharge,  in addition to any sentence required or permitted
    38  by law, in the amount of seventeen dollars.
    39    § 20-g. Subdivision 1 of section 1809 of the vehicle and traffic  law,
    40  as  separately  amended by chapter 16 of the laws of 1983 and chapter 62
    41  of the laws of 1989, is amended to read as follows:
    42    1. Whenever proceedings in an administrative tribunal or  a  court  of
    43  this  state  result  in a conviction for a crime under this chapter or a
    44  traffic infraction under this chapter other than  a  traffic  infraction
    45  involving  standing,  stopping,  parking  or  motor vehicle equipment or
    46  violations by pedestrians or bicyclists, or other than  an  adjudication
    47  of  liability  of an owner for a violation of subdivision (b), (c), (d),
    48  (f) or (g) of section eleven hundred eighty of this chapter  in  accord-
    49  ance  with  section eleven hundred eighty-d of this chapter, there shall
    50  be levied a mandatory surcharge, in addition to any sentence required or
    51  permitted by law, in the amount of seventeen dollars.
    52    § 21. Paragraph a of subdivision 1 of section 1809-e  of  the  vehicle
    53  and  traffic law, as amended by section 11 of chapter 222 of the laws of
    54  2015, is amended to read as follows:
    55    a. Notwithstanding any other provision of law, whenever proceedings in
    56  a court or  an  administrative  tribunal  of  this  state  result  in  a

        S. 9031                            43
     1  conviction for an offense under this chapter, except a conviction pursu-
     2  ant to section eleven hundred ninety-two of this chapter, or for a traf-
     3  fic  infraction  under  this chapter, or a local law, ordinance, rule or
     4  regulation adopted pursuant to this chapter, except a traffic infraction
     5  involving standing, stopping, or parking or violations by pedestrians or
     6  bicyclists,  and  except  an adjudication of liability of an owner for a
     7  violation of subdivision (d) of section eleven hundred  eleven  of  this
     8  chapter in accordance with section eleven hundred eleven-a of this chap-
     9  ter  or in accordance with section eleven hundred eleven-d of this chap-
    10  ter, or in accordance with section eleven hundred eleven-e of this chap-
    11  ter, and except an adjudication of liability of an owner for a violation
    12  of subdivision (d) of section eleven hundred eleven of this  chapter  in
    13  accordance  with  section  eleven  hundred eleven-b of this chapter, and
    14  except  an  adjudication  in  accordance  with  section  eleven  hundred
    15  eleven-c  of  this  chapter  of a violation of a bus lane restriction as
    16  defined in such section, and except an adjudication of liability  of  an
    17  owner  for  a  violation  of  subdivision  (b),  (c), (d), (f) or (g) of
    18  section eleven hundred eighty of this chapter in accordance with section
    19  eleven hundred eighty-b of this chapter, and except an  adjudication  of
    20  liability  of an owner for a violation of subdivision (b), (c), (d), (f)
    21  or (g) of section eleven hundred eighty of this  chapter  in  accordance
    22  with  section  eleven  hundred  eighty-c  of this chapter, and except an
    23  adjudication of liability of an owner for a violation of toll collection
    24  regulations pursuant to section two thousand nine hundred eighty-five of
    25  the  public  authorities  law  or  sections  sixteen-a,  sixteen-b   and
    26  sixteen-c  of chapter seven hundred seventy-four of the laws of nineteen
    27  hundred fifty, or other than an adjudication of liability  of  an  owner
    28  for  a  violation  of  subdivision  (b), (c), (d), (f) or (g) of section
    29  eleven hundred eighty of this chapter in accordance with section  eleven
    30  hundred  eighty-d  of this chapter, there shall be levied in addition to
    31  any sentence, penalty or other surcharge required or permitted  by  law,
    32  an additional surcharge of twenty-eight dollars.
    33    §  21-a. Paragraph a of subdivision 1 of section 1809-e of the vehicle
    34  and traffic law, as amended by section 11-a of chapter 222 of  the  laws
    35  of 2015, is amended to read as follows:
    36    a. Notwithstanding any other provision of law, whenever proceedings in
    37  a  court  or  an  administrative  tribunal  of  this  state  result in a
    38  conviction for an offense under this chapter, except a conviction pursu-
    39  ant to section eleven hundred ninety-two of this chapter, or for a traf-
    40  fic infraction under this chapter, or a local law,  ordinance,  rule  or
    41  regulation adopted pursuant to this chapter, except a traffic infraction
    42  involving standing, stopping, or parking or violations by pedestrians or
    43  bicyclists,  and  except  an adjudication of liability of an owner for a
    44  violation of subdivision (d) of section eleven hundred  eleven  of  this
    45  chapter in accordance with section eleven hundred eleven-a of this chap-
    46  ter  or in accordance with section eleven hundred eleven-d of this chap-
    47  ter or in accordance with section eleven hundred eleven-e of this  chap-
    48  ter,  and  except  an  adjudication  in  accordance  with section eleven
    49  hundred  eleven-c  of  this  chapter  of  a  violation  of  a  bus  lane
    50  restriction  as  defined  in such section, and except an adjudication of
    51  liability of an owner for a violation of subdivision (b), (c), (d),  (f)
    52  or  (g)  of  section eleven hundred eighty of this chapter in accordance
    53  with section eleven hundred eighty-b of  this  chapter,  and  except  an
    54  adjudication  of  liability  of  an owner for a violation of subdivision
    55  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    56  ter in accordance with section eleven hundred eighty-c of this  chapter,

        S. 9031                            44
     1  and  except  an adjudication of liability of an owner for a violation of
     2  subdivision (b), (c), (d), (f) or (g) of section eleven  hundred  eighty
     3  of  this  chapter  in accordance with section eleven hundred eighty-d of
     4  this  chapter, and except an adjudication of liability of an owner for a
     5  violation of toll collection regulations pursuant to section  two  thou-
     6  sand  nine hundred eighty-five of the public authorities law or sections
     7  sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
     8  of the laws of nineteen hundred fifty, there shall be levied in addition
     9  to any sentence, penalty or other surcharge  required  or  permitted  by
    10  law, an additional surcharge of twenty-eight dollars.
    11    §  21-b. Paragraph a of subdivision 1 of section 1809-e of the vehicle
    12  and traffic law, as amended by section 11-b of chapter 222 of  the  laws
    13  of 2015, is amended to read as follows:
    14    a. Notwithstanding any other provision of law, whenever proceedings in
    15  a  court  or  an  administrative  tribunal  of  this  state  result in a
    16  conviction for an offense under this chapter, except a conviction pursu-
    17  ant to section eleven hundred ninety-two of this chapter, or for a traf-
    18  fic infraction under this chapter, or a local law,  ordinance,  rule  or
    19  regulation adopted pursuant to this chapter, except a traffic infraction
    20  involving standing, stopping, or parking or violations by pedestrians or
    21  bicyclists,  and  except  an adjudication of liability of an owner for a
    22  violation of subdivision (d) of section eleven hundred  eleven  of  this
    23  chapter in accordance with section eleven hundred eleven-a of this chap-
    24  ter  or in accordance with section eleven hundred eleven-d of this chap-
    25  ter or in accordance with section eleven hundred eleven-e of this  chap-
    26  ter, and except an adjudication of liability of an owner for a violation
    27  of  subdivision  (b),  (c),  (d),  (f)  or (g) of section eleven hundred
    28  eighty of this chapter in accordance with section eleven hundred  eight-
    29  y-b of this chapter, and except an adjudication of liability of an owner
    30  for  a  violation  of  subdivision  (b), (c), (d), (f) or (g) of section
    31  eleven hundred eighty of this chapter in accordance with section  eleven
    32  hundred  eighty-c of this chapter, and except an adjudication of liabil-
    33  ity of an owner for a violation of subdivision (b), (c), (d), (f) or (g)
    34  of section eleven hundred eighty of  this  chapter  in  accordance  with
    35  section  eleven  hundred eighty-d of this chapter, and except an adjudi-
    36  cation of liability of an owner for a violation of toll collection regu-
    37  lations pursuant to section two thousand nine hundred eighty-five of the
    38  public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
    39  chapter seven hundred seventy-four  of  the  laws  of  nineteen  hundred
    40  fifty,  there  shall  be  levied in addition to any sentence, penalty or
    41  other surcharge required or permitted by law, an additional surcharge of
    42  twenty-eight dollars.
    43    § 21-c. Paragraph a of subdivision 1 of section 1809-e of the  vehicle
    44  and  traffic  law, as amended by section 11-c of chapter 222 of the laws
    45  of 2015, is amended to read as follows:
    46    a. Notwithstanding any other provision of law, whenever proceedings in
    47  a court or  an  administrative  tribunal  of  this  state  result  in  a
    48  conviction for an offense under this chapter, except a conviction pursu-
    49  ant to section eleven hundred ninety-two of this chapter, or for a traf-
    50  fic  infraction  under  this chapter, or a local law, ordinance, rule or
    51  regulation adopted pursuant to this chapter, except a traffic infraction
    52  involving standing, stopping, or parking or violations by pedestrians or
    53  bicyclists, and except an adjudication of liability of an  owner  for  a
    54  violation  of  subdivision  (d) of section eleven hundred eleven of this
    55  chapter in accordance with section eleven hundred eleven-a of this chap-
    56  ter or in accordance with section eleven hundred eleven-d of this  chap-

        S. 9031                            45
     1  ter  or in accordance with section eleven hundred eleven-e of this chap-
     2  ter, and except an adjudication of liability of an owner for a violation
     3  of subdivision (b), (c), (d), (f)  or  (g)  of  section  eleven  hundred
     4  eighty  of this chapter in accordance with section eleven hundred eight-
     5  y-c of this chapter, and except an adjudication of liability of an owner
     6  for a violation of subdivision (b), (c), (d),  (f)  or  (g)  of  section
     7  eleven  hundred eighty of this chapter in accordance with section eleven
     8  hundred eighty-d of this chapter, and except an adjudication of  liabil-
     9  ity  of an owner for a violation of toll collection regulations pursuant
    10  to section two thousand nine hundred eighty-five of the public  authori-
    11  ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
    12  hundred  seventy-four of the laws of nineteen hundred fifty, there shall
    13  be levied in addition  to  any  sentence,  penalty  or  other  surcharge
    14  required  or  permitted  by law, an additional surcharge of twenty-eight
    15  dollars.
    16    § 21-d. Paragraph a of subdivision 1 of section 1809-e of the  vehicle
    17  and  traffic  law, as amended by section 11-d of chapter 222 of the laws
    18  of 2015, is amended to read as follows:
    19    a. Notwithstanding any other provision of law, whenever proceedings in
    20  a court or  an  administrative  tribunal  of  this  state  result  in  a
    21  conviction for an offense under this chapter, except a conviction pursu-
    22  ant to section eleven hundred ninety-two of this chapter, or for a traf-
    23  fic  infraction  under  this chapter, or a local law, ordinance, rule or
    24  regulation adopted pursuant to this chapter, except a traffic infraction
    25  involving standing, stopping, or parking or violations by pedestrians or
    26  bicyclists, and except an adjudication of liability of an  owner  for  a
    27  violation  of  subdivision  (d) of section eleven hundred eleven of this
    28  chapter in accordance with section eleven hundred eleven-a of this chap-
    29  ter or in accordance with section eleven hundred eleven-d of this  chap-
    30  ter  or in accordance with section eleven hundred eleven-e of this chap-
    31  ter, and except an adjudication of liability of an owner for a violation
    32  of subdivision (b), (c), (d), (f)  or  (g)  of  section  eleven  hundred
    33  eighty  of this chapter in accordance with section eleven hundred eight-
    34  y-d of this chapter, and except an adjudication of liability of an owner
    35  for a violation of toll collection regulations pursuant to  section  two
    36  thousand  nine  hundred  eighty-five  of  the  public authorities law or
    37  sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred
    38  seventy-four  of  the  laws  of  nineteen  hundred fifty, there shall be
    39  levied in addition to any sentence, penalty or other surcharge  required
    40  or permitted by law, an additional surcharge of twenty-eight dollars.
    41    §  21-e. Paragraph a of subdivision 1 of section 1809-e of the vehicle
    42  and traffic law, as amended by section 11-e of chapter 222 of  the  laws
    43  of 2015, is amended to read as follows:
    44    a. Notwithstanding any other provision of law, whenever proceedings in
    45  a  court  or  an  administrative  tribunal  of  this  state  result in a
    46  conviction for an offense under this chapter, except a conviction pursu-
    47  ant to section eleven hundred ninety-two of this chapter, or for a traf-
    48  fic infraction under this chapter, or a local law,  ordinance,  rule  or
    49  regulation adopted pursuant to this chapter, except a traffic infraction
    50  involving standing, stopping, or parking or violations by pedestrians or
    51  bicyclists,  and  except  an adjudication of liability of an owner for a
    52  violation of subdivision (d) of section eleven hundred  eleven  of  this
    53  chapter in accordance with section eleven hundred eleven-a of this chap-
    54  ter  or in accordance with section eleven hundred eleven-e of this chap-
    55  ter, and except an adjudication of liability of an owner for a violation
    56  of subdivision (b), (c), (d), (f)  or  (g)  of  section  eleven  hundred

        S. 9031                            46
     1  eighty  of this chapter in accordance with section eleven hundred eight-
     2  y-d of this chapter, and except an adjudication of liability of an owner
     3  for a violation of toll collection regulations pursuant to  section  two
     4  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 in addition to any sentence, penalty or other surcharge  required
     8  or permitted by law, an additional surcharge of twenty-eight dollars.
     9    §  21-f. Paragraph a of subdivision 1 of section 1809-e of the vehicle
    10  and traffic law, as amended by section 5 of part C of chapter 55 of  the
    11  laws of 2013, is amended to read as follows:
    12    a. Notwithstanding any other provision of law, whenever proceedings in
    13  a  court  or  an  administrative  tribunal  of  this  state  result in a
    14  conviction for an offense under this chapter, except a conviction pursu-
    15  ant to section eleven hundred ninety-two of this chapter, or for a traf-
    16  fic infraction under this chapter, or a local law,  ordinance,  rule  or
    17  regulation adopted pursuant to this chapter, except a traffic infraction
    18  involving standing, stopping, or parking or violations by pedestrians or
    19  bicyclists,  and  except  an adjudication of liability of an owner for a
    20  violation of subdivision (d) of section eleven hundred  eleven  of  this
    21  chapter in accordance with section eleven hundred eleven-a of this chap-
    22  ter, and except an adjudication of liability of an owner for a violation
    23  of  subdivision  (b),  (c),  (d),  (f)  or (g) of section eleven hundred
    24  eighty of this chapter in accordance with section eleven hundred  eight-
    25  y-d of this chapter, and except an adjudication of liability of an owner
    26  for  a  violation of toll collection regulations pursuant to section two
    27  thousand nine hundred eighty-five  of  the  public  authorities  law  or
    28  sections  sixteen-a,  sixteen-b  and  sixteen-c of chapter seven hundred
    29  seventy-four of the laws of  nineteen  hundred  fifty,  there  shall  be
    30  levied  in addition to any sentence, penalty or other surcharge required
    31  or permitted by law, an additional surcharge of twenty-eight dollars.
    32    § 22. Subparagraph (i) of paragraph a of subdivision  5-a  of  section
    33  401  of  the vehicle and traffic law, as amended by section 8 of chapter
    34  222 of the laws of 2015, is amended to read as follows:
    35    (i) If at the time of application for a registration or renewal there-
    36  of there is a certification from a  court,  parking  violations  bureau,
    37  traffic  and  parking  violations  agency  or administrative tribunal of
    38  appropriate jurisdiction that the registrant or  his  or  her  represen-
    39  tative  failed  to appear on the return date or any subsequent adjourned
    40  date or failed to comply with the rules and regulations of  an  adminis-
    41  trative  tribunal  following  entry of a final decision in response to a
    42  total of three or more summonses or  other  process  in  the  aggregate,
    43  issued  within  an eighteen month period, charging either that: (i) such
    44  motor vehicle was parked, stopped or standing, or that such motor  vehi-
    45  cle  was operated for hire by the registrant or his or her agent without
    46  being licensed as a motor vehicle for  hire  by  the  appropriate  local
    47  authority,  in  violation of any of the provisions of this chapter or of
    48  any law, ordinance, rule or regulation made by  a  local  authority;  or
    49  (ii) the registrant was liable in accordance with section eleven hundred
    50  eleven-a,  section  eleven  hundred  eleven-b  or section eleven hundred
    51  eleven-d of this chapter for a violation of subdivision (d)  of  section
    52  eleven  hundred  eleven  of  this  chapter;  or (iii) the registrant was
    53  liable in accordance with section eleven hundred eleven-c of this  chap-
    54  ter  for  a  violation  of  a  bus  lane  restriction as defined in such
    55  section, or (iv) the registrant was liable in  accordance  with  section
    56  eleven  hundred  eighty-b of this chapter for a violation of subdivision

        S. 9031                            47
     1  (c) or (d) of section eleven hundred eighty of this chapter, or (v)  the
     2  registrant was liable in accordance with section eleven hundred eighty-c
     3  of  this  chapter  for  a violation of subdivision (c) or (d) of section
     4  eleven hundred eighty of this chapter; or (vi) the registrant was liable
     5  in accordance with section eleven hundred eleven-e of this chapter for a
     6  violation  of  subdivision  (d) of section eleven hundred eleven of this
     7  chapter, or (vii) the registrant was liable in accordance  with  section
     8  eleven  hundred  eighty-d of this chapter for a violation of subdivision
     9  (c) or (d) of section eleven hundred eighty of this chapter, the commis-
    10  sioner or his or her agent shall deny the registration or renewal appli-
    11  cation until the applicant provides proof from the  court,  traffic  and
    12  parking violations agency or administrative tribunal wherein the charges
    13  are pending that an appearance or answer has been made or in the case of
    14  an  administrative  tribunal  that he or she has complied with the rules
    15  and regulations of said tribunal following entry of  a  final  decision.
    16  Where an application is denied pursuant to this section, the commission-
    17  er  may, in his or her discretion, deny a registration or renewal appli-
    18  cation to any other person for the same vehicle and may deny a registra-
    19  tion or renewal application for any other motor  vehicle  registered  in
    20  the  name  of  the  applicant where the commissioner has determined that
    21  such registrant's intent has been to evade the purposes of this subdivi-
    22  sion and where the commissioner has reasonable grounds to  believe  that
    23  such  registration  or  renewal  will  have  the effect of defeating the
    24  purposes of this subdivision. Such denial shall only remain in effect as
    25  long as the summonses remain unanswered, or in the case of  an  adminis-
    26  trative  tribunal,  the  registrant  fails  to comply with the rules and
    27  regulations following entry of a final decision.
    28    § 22-a. Paragraph a of subdivision 5-a of section 401 of  the  vehicle
    29  and traffic law, as amended by section 8-a of chapter 222 of the laws of
    30  2015, is amended to read as follows:
    31    a. If at the time of application for a registration or renewal thereof
    32  there  is  a  certification  from  a court or administrative tribunal of
    33  appropriate jurisdiction that the registrant or  his  or  her  represen-
    34  tative  failed  to appear on the return date or any subsequent adjourned
    35  date or failed to comply with the rules and regulations of  an  adminis-
    36  trative  tribunal  following  entry of a final decision in response to a
    37  total of three or more summonses or  other  process  in  the  aggregate,
    38  issued  within  an eighteen month period, charging either that: (i) such
    39  motor vehicle was parked, stopped or standing, or that such motor  vehi-
    40  cle  was operated for hire by the registrant or his or her agent without
    41  being licensed as a motor vehicle for  hire  by  the  appropriate  local
    42  authority,  in  violation of any of the provisions of this chapter or of
    43  any law, ordinance, rule or regulation made by  a  local  authority;  or
    44  (ii) the registrant was liable in accordance with section eleven hundred
    45  eleven-b  of  this chapter for a violation of subdivision (d) of section
    46  eleven hundred eleven of this  chapter;  or  (iii)  the  registrant  was
    47  liable  in accordance with section eleven hundred eleven-c of this chap-
    48  ter for a violation of  a  bus  lane  restriction  as  defined  in  such
    49  section;  or  (iv)  the registrant was liable in accordance with section
    50  eleven hundred eleven-d of this chapter for a violation  of  subdivision
    51  (d)  of  section eleven hundred eleven of this chapter or (v) the regis-
    52  trant was liable in accordance with section eleven hundred  eighty-b  of
    53  this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of
    54  section eleven hundred eighty of this chapter; or (v) the registrant was
    55  liable  in accordance with section eleven hundred eighty-c of this chap-
    56  ter for a violation of subdivision (b), (c), (d), (f) or (g) of  section

        S. 9031                            48
     1  eleven hundred eighty of this chapter; or (vi) the registrant was liable
     2  in accordance with section eleven hundred eleven-e of this chapter for a
     3  violation  of  subdivision  (d) of section eleven hundred eleven of this
     4  chapter;  or  (vii) the registrant was liable in accordance with section
     5  eleven hundred eighty-d of this chapter for a violation  of  subdivision
     6  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
     7  ter, the commissioner or his or her agent shall deny the registration or
     8  renewal application until the applicant provides proof from the court or
     9  administrative  tribunal wherein the charges are pending that an appear-
    10  ance or answer has been made or in the case of an administrative  tribu-
    11  nal  that  he or she has complied with the rules and regulations of said
    12  tribunal following entry of a final decision. Where  an  application  is
    13  denied  pursuant  to  this  section, the commissioner may, in his or her
    14  discretion, deny a registration or  renewal  application  to  any  other
    15  person  for  the  same  vehicle  and  may deny a registration or renewal
    16  application for any other motor vehicle registered in the  name  of  the
    17  applicant  where  the commissioner has determined that such registrant's
    18  intent has been to evade the purposes of this subdivision and where  the
    19  commissioner has reasonable grounds to believe that such registration or
    20  renewal  will have the effect of defeating the purposes of this subdivi-
    21  sion. Such denial shall only remain in effect as long as  the  summonses
    22  remain  unanswered,  or  in  the case of an administrative tribunal, the
    23  registrant fails to comply with  the  rules  and  regulations  following
    24  entry of a final decision.
    25    §  22-b.  Paragraph a of subdivision 5-a of section 401 of the vehicle
    26  and traffic law, as amended by section 8-b of chapter 222 of the laws of
    27  2015, is amended to read as follows:
    28    a. If at the time of application for a registration or renewal thereof
    29  there is a certification from a  court  or  administrative  tribunal  of
    30  appropriate  jurisdiction  that  the  registrant or his or her represen-
    31  tative failed to appear on the return date or any  subsequent  adjourned
    32  date  or  failed to comply with the rules and regulations of an adminis-
    33  trative tribunal following entry of a  final  decision  in  response  to
    34  three  or  more  summonses  or  other process, issued within an eighteen
    35  month period, charging that: (i) such motor vehicle was parked,  stopped
    36  or  standing,  or  that  such motor vehicle was operated for hire by the
    37  registrant or his or her agent without being licensed as a motor vehicle
    38  for hire by the appropriate local authority, in violation of any of  the
    39  provisions  of this chapter or of any law, ordinance, rule or regulation
    40  made by a local authority; or (ii) the registrant was liable in  accord-
    41  ance  with  section  eleven  hundred  eleven-c  of  this  chapter  for a
    42  violation of a bus lane restriction as defined in such section; or (iii)
    43  the registrant was liable in  accordance  with  section  eleven  hundred
    44  eleven-d  of  this chapter for a violation of subdivision (d) of section
    45  eleven hundred eleven of this chapter; or (iv) the registrant was liable
    46  in accordance with section eleven hundred eighty-b of this chapter for a
    47  violation of subdivision (b), (c), (d), (f) or  (g)  of  section  eleven
    48  hundred  eighty of this chapter, or the registrant was liable in accord-
    49  ance with  section  eleven  hundred  eighty-c  of  this  chapter  for  a
    50  violation  of  subdivision  (b),  (c), (d), (f) or (g) of section eleven
    51  hundred eighty of this chapter, or the registrant was liable in  accord-
    52  ance  with  section  eleven  hundred  eighty-d  of  this  chapter  for a
    53  violation of subdivision (b), (c), (d), (f) or  (g)  of  section  eleven
    54  hundred  eighty  of  this  chapter;  or (v) the registrant was liable in
    55  accordance with section eleven hundred eleven-e of this  chapter  for  a
    56  violation  of  subdivision  (d) of section eleven hundred eleven of this

        S. 9031                            49
     1  chapter, the commissioner or his or her agent shall deny  the  registra-
     2  tion  or renewal application until the applicant provides proof from the
     3  court or administrative tribunal wherein the charges are pending that an
     4  appearance  or  answer has been made or in the case of an administrative
     5  tribunal that he or she has complied with the rules and  regulations  of
     6  said  tribunal following entry of a final decision. Where an application
     7  is denied pursuant to this section, the commissioner may, in his or  her
     8  discretion,  deny  a  registration  or  renewal application to any other
     9  person for the same vehicle and  may  deny  a  registration  or  renewal
    10  application  for  any  other motor vehicle registered in the name of the
    11  applicant where the commissioner has determined that  such  registrant's
    12  intent  has been to evade the purposes of this subdivision and where the
    13  commissioner has reasonable grounds to believe that such registration or
    14  renewal will have the effect of defeating the purposes of this  subdivi-
    15  sion.  Such  denial shall only remain in effect as long as the summonses
    16  remain unanswered, or in the case of  an  administrative  tribunal,  the
    17  registrant  fails  to  comply  with  the rules and regulations following
    18  entry of a final decision.
    19    § 22-c. Paragraph a of subdivision 5-a of section 401 of  the  vehicle
    20  and traffic law, as amended by section 8-c of chapter 222 of the laws of
    21  2015, is amended to read as follows:
    22    a. If at the time of application for a registration or renewal thereof
    23  there  is  a  certification  from  a court or administrative tribunal of
    24  appropriate jurisdiction that the registrant or  his  or  her  represen-
    25  tative  failed  to appear on the return date or any subsequent adjourned
    26  date or failed to comply with the rules and regulations of  an  adminis-
    27  trative  tribunal  following  entry  of  a final decision in response to
    28  three or more summonses or other  process,  issued  within  an  eighteen
    29  month  period, charging that: (i) such motor vehicle was parked, stopped
    30  or standing, or that such motor vehicle was operated  for  hire  by  the
    31  registrant or his or her agent without being licensed as a motor vehicle
    32  for  hire by the appropriate local authority, in violation of any of the
    33  provisions of this chapter or of any law, ordinance, rule or  regulation
    34  made  by a local authority; or (ii) the registrant was liable in accord-
    35  ance with  section  eleven  hundred  eleven-d  of  this  chapter  for  a
    36  violation  of  subdivision  (d) of section eleven hundred eleven of this
    37  chapter; or (iii) the registrant was liable in accordance  with  section
    38  eleven  hundred  eighty-b  of this chapter for violations of subdivision
    39  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    40  ter, or the registrant was liable  in  accordance  with  section  eleven
    41  hundred eighty-c of this chapter for violations of subdivision (b), (c),
    42  (d), (f) or (g) of section eleven hundred eighty of this chapter, or the
    43  registrant was liable in accordance with section eleven hundred eighty-d
    44  of  this chapter for violations of subdivision (b), (c), (d), (f) or (g)
    45  of section eleven hundred eighty of this chapter; or (iv) the registrant
    46  was liable in accordance with section eleven hundred  eleven-e  of  this
    47  chapter  for  a  violation  of subdivision (d) of section eleven hundred
    48  eleven of this chapter, the commissioner or his or her agent shall  deny
    49  the  registration  or  renewal  application until the applicant provides
    50  proof from the court or administrative tribunal wherein the charges  are
    51  pending  that an appearance or answer has been made or in the case of an
    52  administrative tribunal that he has complied with the  rules  and  regu-
    53  lations  of  said tribunal following entry of a final decision. Where an
    54  application is denied pursuant to this section, the commissioner may, in
    55  his or her discretion, deny a registration or renewal application to any
    56  other person for the same vehicle and may deny a registration or renewal

        S. 9031                            50
     1  application for any other motor vehicle registered in the  name  of  the
     2  applicant  where  the commissioner has determined that such registrant's
     3  intent has been to evade the purposes of this subdivision and where  the
     4  commissioner has reasonable grounds to believe that such registration or
     5  renewal  will have the effect of defeating the purposes of this subdivi-
     6  sion. Such denial shall only remain in effect as long as  the  summonses
     7  remain  unanswered,  or  in  the case of an administrative tribunal, the
     8  registrant fails to comply with  the  rules  and  regulations  following
     9  entry of a final decision.
    10    §  22-d.  Paragraph a of subdivision 5-a of section 401 of the vehicle
    11  and traffic law, as amended by section 8-d of chapter 222 of the laws of
    12  2015, is amended to read as follows:
    13    a. If at the time of application for a registration or renewal thereof
    14  there is a certification from a  court  or  administrative  tribunal  of
    15  appropriate  jurisdiction  that  the  registrant or his or her represen-
    16  tative failed to appear on the return date or any  subsequent  adjourned
    17  date  or  failed to comply with the rules and regulations of an adminis-
    18  trative tribunal following entry of a  final  decision  in  response  to
    19  three  or  more  summonses  or  other process, issued within an eighteen
    20  month period, charging that such motor vehicle was  parked,  stopped  or
    21  standing, or that such motor vehicle was operated for hire by the regis-
    22  trant or his agent without being licensed as a motor vehicle for hire by
    23  the  appropriate  local authority, in violation of any of the provisions
    24  of this chapter or of any law, ordinance, rule or regulation made  by  a
    25  local authority, or the registrant was liable in accordance with section
    26  eleven  hundred  eighty-c  of this chapter for violations of subdivision
    27  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    28  ter, or the registrant was liable  in  accordance  with  section  eleven
    29  hundred eighty-d of this chapter for violations of subdivision (b), (c),
    30  (d), (f) or (g) of section eleven hundred eighty of this chapter, or the
    31  registrant was liable in accordance with section eleven hundred eleven-d
    32  of  this  chapter  for  a violation of subdivision (d) of section eleven
    33  hundred eleven of this chapter, or the registrant was liable in  accord-
    34  ance  with  section  eleven  hundred  eleven-e  of  this  chapter  for a
    35  violation of subdivision (d) of section eleven hundred  eleven  of  this
    36  chapter,  the  commissioner or his or her agent shall deny the registra-
    37  tion or renewal application until the applicant provides proof from  the
    38  court or administrative tribunal wherein the charges are pending that an
    39  appearance  or  answer has been made or in the case of an administrative
    40  tribunal that he or she has complied with the rules and  regulations  of
    41  said  tribunal following entry of a final decision. Where an application
    42  is denied pursuant to this section, the commissioner may, in his or  her
    43  discretion,  deny  a  registration  or  renewal application to any other
    44  person for the same vehicle and  may  deny  a  registration  or  renewal
    45  application  for  any  other motor vehicle registered in the name of the
    46  applicant where the commissioner has determined that  such  registrant's
    47  intent  has been to evade the purposes of this subdivision and where the
    48  commissioner has reasonable grounds to believe that such registration or
    49  renewal will have the effect of defeating the purposes of this  subdivi-
    50  sion.  Such  denial shall only remain in effect as long as the summonses
    51  remain unanswered, or in the case of  an  administrative  tribunal,  the
    52  registrant  fails  to  comply  with  the rules and regulations following
    53  entry of a final decision.
    54    § 22-e. Paragraph a of subdivision 5-a of section 401 of  the  vehicle
    55  and traffic law, as amended by section 8-e of chapter 222 of the laws of
    56  2015, is amended to read as follows:

        S. 9031                            51
     1    a. If at the time of application for a registration or renewal thereof
     2  there  is  a  certification  from  a court or administrative tribunal of
     3  appropriate jurisdiction that the registrant or  his  or  her  represen-
     4  tative  failed  to appear on the return date or any subsequent adjourned
     5  date  or  failed to comply with the rules and regulations of an adminis-
     6  trative tribunal following entry of a  final  decision  in  response  to
     7  three  or  more  summonses  or  other process, issued within an eighteen
     8  month period, charging that such motor vehicle was  parked,  stopped  or
     9  standing, or that such motor vehicle was operated for hire by the regis-
    10  trant  or his or her agent without being licensed as a motor vehicle for
    11  hire by the appropriate local authority, in  violation  of  any  of  the
    12  provisions  of this chapter or of any law, ordinance, rule or regulation
    13  made by a local authority, or the registrant was  liable  in  accordance
    14  with  section  eleven hundred eighty-d of this chapter for violations of
    15  subdivision (b), (c), (d), (f) or (g) of section eleven  hundred  eighty
    16  of this chapter, or the registrant was liable in accordance with section
    17  eleven  hundred  eleven-d of this chapter for a violation of subdivision
    18  (d) of section eleven hundred eleven of this chapter, or the  registrant
    19  was  liable  in  accordance with section eleven hundred eleven-e of this
    20  chapter for a violation of subdivision (d)  of  section  eleven  hundred
    21  eleven  of this chapter, the commissioner or his or her agent shall deny
    22  the registration or renewal application  until  the  applicant  provides
    23  proof  from the court or administrative tribunal wherein the charges are
    24  pending that an appearance or answer has been made or in the case of  an
    25  administrative  tribunal  that  he has complied with the rules and regu-
    26  lations of said tribunal following entry of a final decision.  Where  an
    27  application is denied pursuant to this section, the commissioner may, in
    28  his or her discretion, deny a registration or renewal application to any
    29  other person for the same vehicle and may deny a registration or renewal
    30  application  for  any  other motor vehicle registered in the name of the
    31  applicant where the commissioner has determined that  such  registrant's
    32  intent  has been to evade the purposes of this subdivision and where the
    33  commissioner has reasonable grounds to believe that such registration or
    34  renewal will have the effect of defeating the purposes of this  subdivi-
    35  sion.  Such  denial shall only remain in effect as long as the summonses
    36  remain unanswered, or in the case of  an  administrative  tribunal,  the
    37  registrant  fails  to  comply  with  the rules and regulations following
    38  entry of a final decision.
    39    § 22-f. Paragraph a of subdivision 5-a of section 401 of  the  vehicle
    40  and traffic law, as amended by section 8-f of chapter 222 of the laws of
    41  2015, is amended to read as follows:
    42    a. If at the time of application for a registration or renewal thereof
    43  there  is  a  certification  from  a court or administrative tribunal of
    44  appropriate jurisdiction that the registrant or  his  or  her  represen-
    45  tative  failed  to appear on the return date or any subsequent adjourned
    46  date or failed to comply with the rules and regulations of  an  adminis-
    47  trative  tribunal  following  entry  of  a final decision in response to
    48  three or more summonses or other  process,  issued  within  an  eighteen
    49  month  period,  charging  that such motor vehicle was parked, stopped or
    50  standing, or that such motor vehicle was operated for hire by the regis-
    51  trant or his or her agent without being licensed as a motor vehicle  for
    52  hire  by  the  appropriate  local  authority, in violation of any of the
    53  provisions of this chapter or of any law, ordinance, rule or  regulation
    54  made  by  a  local authority, or the registrant was liable in accordance
    55  with section eleven hundred eighty-d of this chapter for  violations  of
    56  subdivision  (b),  (c), (d), (f) or (g) of section eleven hundred eighty

        S. 9031                            52
     1  of this chapter, or the registrant was liable in accordance with section
     2  eleven hundred eleven-e of this chapter for a violation  of  subdivision
     3  (d)  of  section eleven hundred eleven of this chapter, the commissioner
     4  or  his  or her agent shall deny the registration or renewal application
     5  until the applicant provides proof  from  the  court  or  administrative
     6  tribunal  wherein  the  charges are pending that an appearance or answer
     7  has been made or in the case of an administrative tribunal that  he  has
     8  complied with the rules and regulations of said tribunal following entry
     9  of  a  final  decision.  Where an application is denied pursuant to this
    10  section, the commissioner may, in his or her discretion, deny  a  regis-
    11  tration  or renewal application to any other person for the same vehicle
    12  and may deny a registration or renewal application for any  other  motor
    13  vehicle  registered  in the name of the applicant where the commissioner
    14  has determined that such registrant's  intent  has  been  to  evade  the
    15  purposes  of  this subdivision and where the commissioner has reasonable
    16  grounds to believe that such  registration  or  renewal  will  have  the
    17  effect  of defeating the purposes of this subdivision. Such denial shall
    18  only remain in effect as long as the summonses remain unanswered, or  in
    19  the  case  of an administrative tribunal, the registrant fails to comply
    20  with the rules and regulations following entry of a final decision.
    21    § 22-g. Paragraph a of subdivision 5-a of section 401 of  the  vehicle
    22  and  traffic  law,  as separately amended by chapters 339 and 592 of the
    23  laws of 1987, is amended to read as follows:
    24    a. If at the time of application for a registration or renewal thereof
    25  there is a certification from a  court  or  administrative  tribunal  of
    26  appropriate  jurisdiction  that  the  registrant  or  his representative
    27  failed to appear on the return date or any subsequent adjourned date  or
    28  failed  to  comply  with  the rules and regulations of an administrative
    29  tribunal following entry of a final decision in  response  to  three  or
    30  more summonses or other process, issued within an eighteen month period,
    31  charging  that  such  motor  vehicle was parked, stopped or standing, or
    32  that such motor vehicle was operated for hire by the registrant  or  his
    33  agent  without  being licensed as a motor vehicle for hire by the appro-
    34  priate local authority, in violation of any of the  provisions  of  this
    35  chapter  or  of  any  law, ordinance, rule or regulation made by a local
    36  authority, or the registrant was liable in accordance with section elev-
    37  en hundred eighty-d of this chapter for violations of  subdivision  (b),
    38  (c),  (d),  (f) or (g) of section eleven hundred eighty of this chapter,
    39  the commissioner or his agent shall deny  the  registration  or  renewal
    40  application  until the applicant provides proof from the court or admin-
    41  istrative tribunal wherein the charges are pending that an appearance or
    42  answer has been made or in the case of an administrative  tribunal  that
    43  he  has complied with the rules and regulations of said tribunal follow-
    44  ing entry of a final decision. Where an application is  denied  pursuant
    45  to  this section, the commissioner may, in his discretion, deny a regis-
    46  tration or renewal application to any other person for the same  vehicle
    47  and  may  deny a registration or renewal application for any other motor
    48  vehicle registered in the name of the applicant where  the  commissioner
    49  has  determined  that  such  registrant's  intent  has been to evade the
    50  purposes of this subdivision and where the commissioner  has  reasonable
    51  grounds  to  believe  that  such  registration  or renewal will have the
    52  effect of defeating the purposes of this subdivision. Such denial  shall
    53  only  remain in effect as long as the summonses remain unanswered, or in
    54  the case of an administrative tribunal, the registrant fails  to  comply
    55  with the rules and regulations following entry of a final decision.

        S. 9031                            53
     1    §  23.  Subdivision  2  of  section  87  of the public officers law is
     2  amended by adding a new paragraph (p) to read as follows:
     3    (p)  are  photographs,  microphotographs,  videotape or other recorded
     4  images prepared under the authority of section eleven  hundred  eighty-d
     5  of the vehicle and traffic law.
     6    §  24.  The purchase or lease of equipment for a demonstration program
     7  pursuant to section 1180-d of the  vehicle  and  traffic  law  shall  be
     8  subject to the provisions of section 103 of the general municipal law.
     9    §  25.  This act shall take effect immediately; provided that sections
    10  one through four of this act shall expire and be deemed repealed 4 years
    11  after such effective date when upon such date the provisions of sections
    12  one through four of this act shall  be  deemed  repealed;  and  provided
    13  further that the amendments to section 1180-b of the vehicle and traffic
    14  law  made  by  sections five, six, seven and eight of this act shall not
    15  affect the repeal of such section and shall be  deemed  repealed  there-
    16  with;  and provided further that the amendments to paragraph 2 of subdi-
    17  vision (a) of section 1180-b of the vehicle  and  traffic  law  made  by
    18  section  six  of  this  act shall take effect on the ninetieth day after
    19  this act shall have become a law; and  provided  further  that  sections
    20  twelve  through twenty-four of this act shall take effect on the thirti-
    21  eth day after it shall have become a law and shall expire 4 years  after
    22  such  effective  date  when  upon  such  date the provisions of sections
    23  twelve through twenty-four of this act shall  be  deemed  repealed;  and
    24  provided further that any rules necessary for the implementation of this
    25  act  on its effective date shall be promulgated on or before such effec-
    26  tive date, provided that:
    27    (a) the amendments to subdivision 1 of section 235 of the vehicle  and
    28  traffic  law  made  by  section  twelve of this act shall not affect the
    29  expiration of such section and shall be deemed to expire therewith, when
    30  upon such date the provisions of section twelve-a of this act shall take
    31  effect;
    32    (a-1) the amendments to section 235 of the  vehicle  and  traffic  law
    33  made  by section twelve-a of this act shall not affect the expiration of
    34  such section and shall be deemed to expire  therewith,  when  upon  such
    35  date the provisions of section twelve-b of this act shall take effect;
    36    (a-2)  the  amendments  to  section 235 of the vehicle and traffic law
    37  made by section twelve-b of this act shall not affect the expiration  of
    38  such  section  and  shall  be deemed to expire therewith, when upon such
    39  date the provisions of section twelve-c of this act shall take effect;
    40    (a-3) the amendments to section 235 of the  vehicle  and  traffic  law
    41  made  by section twelve-c of this act shall not affect the expiration of
    42  such section and shall be deemed to expire  therewith,  when  upon  such
    43  date the provisions of section twelve-d of this act shall take effect;
    44    (a-4)  the  amendments  to  section 235 of the vehicle and traffic law
    45  made by section twelve-d of this act shall not affect the expiration  of
    46  such  section  and  shall  be deemed to expire therewith, when upon such
    47  date the provisions of section twelve-e of this act shall take effect;
    48    (a-5) the amendments to section 235 of the  vehicle  and  traffic  law
    49  made  by section twelve-e of this act shall not affect the expiration of
    50  such section and shall be deemed to expire  therewith,  when  upon  such
    51  date the provisions of section twelve-f of this act shall take effect;
    52    (a-6)  the  amendments  to  section 235 of the vehicle and traffic law
    53  made by section twelve-f of this act shall not affect the expiration  of
    54  such  section  and  shall  be deemed to expire therewith, when upon such
    55  date the provisions of section twelve-g of this act shall take effect;

        S. 9031                            54
     1    (b) the amendments to subdivision 1 of section 236 of the vehicle  and
     2  traffic  law  made  by section thirteen of this act shall not affect the
     3  expiration of such subdivision and shall be deemed to expire  therewith,
     4  when  upon  such  date  the provisions of section thirteen-a of this act
     5  shall take effect;
     6    (b-1)  the  amendments  to subdivision 1 of section 236 of the vehicle
     7  and traffic law made by section thirteen-a of this act shall not  affect
     8  the  expiration of such subdivision and shall be deemed to expire there-
     9  with, when upon such date the provisions of section thirteen-b  of  this
    10  act shall take effect;
    11    (b-2)  the  amendments  to subdivision 1 of section 236 of the vehicle
    12  and traffic law made by section thirteen-b of this act shall not  affect
    13  the  expiration of such subdivision and shall be deemed to expire there-
    14  with, when upon such date the provisions of section thirteen-c  of  this
    15  act shall take effect;
    16    (b-3)  the  amendments  to subdivision 1 of section 236 of the vehicle
    17  and traffic law made by section thirteen-c of this act shall not  affect
    18  the  expiration of such subdivision and shall be deemed to expire there-
    19  with, when upon such date the provisions of section thirteen-d  of  this
    20  act shall take effect;
    21    (b-4)  the  amendments  to subdivision 1 of section 236 of the vehicle
    22  and traffic law made by section thirteen-d of this act shall not  affect
    23  the  expiration of such subdivision and shall be deemed to expire there-
    24  with, when upon such date the provisions of section thirteen-e  of  this
    25  act shall take effect;
    26    (b-5)  the  amendments  to subdivision 1 of section 236 of the vehicle
    27  and traffic law made by section thirteen-e of this act shall not  affect
    28  the  expiration of such subdivision and shall be deemed to expire there-
    29  with, when upon such date the provisions of section thirteen-f  of  this
    30  act shall take effect;
    31    (c)  the  amendments to paragraph f of subdivision 1 of section 239 of
    32  the vehicle and traffic law made by section fifteen of  this  act  shall
    33  not  affect  the  expiration  of  such  paragraph and shall be deemed to
    34  expire  therewith,  when  upon  such  date  the  provisions  of  section
    35  fifteen-a of this act shall take effect;
    36    (c-1) the amendments to paragraph f of subdivision 1 of section 239 of
    37  the  vehicle and traffic law made by section fifteen-a of this act shall
    38  not affect the expiration of such  paragraph  and  shall  be  deemed  to
    39  expire  therewith,  when  upon  such  date  the  provisions  of  section
    40  fifteen-b of this act shall take effect;
    41    (c-2) the amendments to paragraph f of subdivision 1 of section 239 of
    42  the vehicle and traffic law made by section fifteen-b of this act  shall
    43  not  affect  the  expiration  of  such  paragraph and shall be deemed to
    44  expire  therewith,  when  upon  such  date  the  provisions  of  section
    45  fifteen-c of this act shall take effect;
    46    (c-3) the amendments to paragraph f of subdivision 1 of section 239 of
    47  the  vehicle and traffic law made by section fifteen-c of this act shall
    48  not affect the expiration of such  paragraph  and  shall  be  deemed  to
    49  expire  therewith,  when  upon  such  date  the  provisions  of  section
    50  fifteen-d of this act shall take effect;
    51    (c-4) the amendments to paragraph f of subdivision 1 of section 239 of
    52  the vehicle and traffic law made by section fifteen-d of this act  shall
    53  not  affect  the  expiration  of  such  paragraph and shall be deemed to
    54  expire  therewith,  when  upon  such  date  the  provisions  of  section
    55  fifteen-e of this act shall take effect;

        S. 9031                            55
     1    (c-5) the amendments to paragraph f of subdivision 1 of section 239 of
     2  the  vehicle and traffic law made by section fifteen-e of this act shall
     3  not affect the expiration of such  paragraph  and  shall  be  deemed  to
     4  expire  therewith,  when  upon  such  date  the  provisions  of  section
     5  fifteen-f of this act shall take effect;
     6    (d)  the  amendments  to  subdivisions 1 and 1-a of section 240 of the
     7  vehicle and traffic law made by section sixteen of this  act  shall  not
     8  affect the expiration of such subdivisions and shall be deemed to expire
     9  therewith,  when  upon  such date the provisions of section sixteen-a of
    10  this act shall take effect;
    11    (d-1) the amendments to subdivisions 1 and 1-a of section 240  of  the
    12  vehicle  and traffic law made by section sixteen-a of this act shall not
    13  affect the expiration of such subdivisions and shall be deemed to expire
    14  therewith, when upon such date the provisions of  section  sixteen-b  of
    15  this act shall take effect;
    16    (d-2)  the  amendments to subdivisions 1 and 1-a of section 240 of the
    17  vehicle and traffic law made by section sixteen-b of this act shall  not
    18  affect the expiration of such subdivisions and shall be deemed to expire
    19  therewith,  when  upon  such date the provisions of section sixteen-c of
    20  this act shall take effect;
    21    (d-3) the amendments to subdivisions 1 and 1-a of section 240  of  the
    22  vehicle  and traffic law made by section sixteen-c of this act shall not
    23  affect the expiration of such subdivisions and shall be deemed to expire
    24  therewith, when upon such date the provisions of  section  sixteen-d  of
    25  this act shall take effect;
    26    (d-4)  the  amendments to subdivisions 1 and 1-a of section 240 of the
    27  vehicle and traffic law made by section sixteen-d of this act shall  not
    28  affect the expiration of such subdivisions and shall be deemed to expire
    29  therewith,  when  upon  such date the provisions of section sixteen-e of
    30  this act shall take effect;
    31    (d-5) the amendments to subdivisions 1 and 1-a of section 240  of  the
    32  vehicle  and traffic law made by section sixteen-e of this act shall not
    33  affect the expiration of such subdivisions and shall be deemed to expire
    34  therewith, when upon such date the provisions of  section  sixteen-f  of
    35  this act shall take effect;
    36    (e)  the  amendments to paragraphs a and g of subdivision 2 of section
    37  240 of the vehicle and traffic law made by section seventeen of this act
    38  shall not affect the expiration of such paragraphs and shall  be  deemed
    39  to  expire  therewith,  when  upon  such  date the provisions of section
    40  seventeen-a of this act shall take effect;
    41    (e-1) the amendments to paragraphs a and g of subdivision 2 of section
    42  240 of the vehicle and traffic law made by section seventeen-a  of  this
    43  act  shall  not  affect  the  expiration of such paragraphs and shall be
    44  deemed to expire therewith,  when  upon  such  date  the  provisions  of
    45  section seventeen-b of this act shall take effect;
    46    (e-2) the amendments to paragraphs a and g of subdivision 2 of section
    47  240  of  the vehicle and traffic law made by section seventeen-b of this
    48  act shall not affect the expiration of  such  paragraphs  and  shall  be
    49  deemed  to  expire  therewith,  when  upon  such  date the provisions of
    50  section seventeen-c of this act shall take effect;
    51    (e-3) the amendments to paragraphs a and g of subdivision 2 of section
    52  240 of the vehicle and traffic law made by section seventeen-c  of  this
    53  act  shall  not  affect  the  expiration of such paragraphs and shall be
    54  deemed to expire therewith,  when  upon  such  date  the  provisions  of
    55  section seventeen-d of this act shall take effect;

        S. 9031                            56
     1    (e-4) the amendments to paragraphs a and g of subdivision 2 of section
     2  240  of  the vehicle and traffic law made by section seventeen-d of this
     3  act shall not affect the expiration of  such  paragraphs  and  shall  be
     4  deemed  to  expire  therewith,  when  upon  such  date the provisions of
     5  section seventeen-e of this act shall take effect;
     6    (e-5) the amendments to paragraphs a and g of subdivision 2 of section
     7  240  of  the vehicle and traffic law made by section seventeen-e of this
     8  act shall not affect the expiration of  such  paragraphs  and  shall  be
     9  deemed  to  expire  therewith,  when  upon  such  date the provisions of
    10  section seventeen-f of this act shall take effect;
    11    (f) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
    12  cle and traffic law made by section  eighteen  of  this  act  shall  not
    13  affect the expiration of such subdivisions and shall be deemed to expire
    14  therewith,  when  upon such date the provisions of section eighteen-a of
    15  this act shall take effect;
    16    (f-1) the amendments to subdivisions 1 and 2 of  section  241  of  the
    17  vehicle and traffic law made by section eighteen-a of this act shall not
    18  affect the expiration of such subdivisions and shall be deemed to expire
    19  therewith,  when  upon such date the provisions of section eighteen-b of
    20  this act shall take effect;
    21    (f-2) the amendments to subdivisions 1 and 2 of  section  241  of  the
    22  vehicle and traffic law made by section eighteen-b of this act shall not
    23  affect the expiration of such subdivisions and shall be deemed to expire
    24  therewith,  when  upon such date the provisions of section eighteen-c of
    25  this act shall take effect;
    26    (f-3) the amendments to subdivisions 1 and 2 of  section  241  of  the
    27  vehicle and traffic law made by section eighteen-c of this act shall not
    28  affect the expiration of such subdivisions and shall be deemed to expire
    29  therewith,  when  upon such date the provisions of section eighteen-d of
    30  this act shall take effect;
    31    (f-4) the amendments to subdivisions 1 and 2 of  section  241  of  the
    32  vehicle and traffic law made by section eighteen-d of this act shall not
    33  affect the expiration of such subdivisions and shall be deemed to expire
    34  therewith,  when  upon such date the provisions of section eighteen-e of
    35  this act shall take effect;
    36    (f-5) the amendments to subdivisions 1 and 2 of  section  241  of  the
    37  vehicle and traffic law made by section eighteen-e of this act shall not
    38  affect the expiration of such subdivisions and shall be deemed to expire
    39  therewith,  when  upon such date the provisions of section eighteen-f of
    40  this act shall take effect;
    41    (g) the amendments to subdivision 1 of section 1809 of the vehicle and
    42  traffic law made by section twenty of this  act  shall  not  affect  the
    43  expiration  of such subdivision and shall be deemed to expire therewith,
    44  when upon such date the provisions of section twenty-a of this act shall
    45  take effect;
    46    (g-1) the amendments to subdivision 1 of section 1809 of  the  vehicle
    47  and  traffic  law  made by section twenty-a of this act shall not affect
    48  the expiration of such subdivision and shall be deemed to expire  there-
    49  with, when upon such date the provisions of section twenty-b of this act
    50  shall take effect;
    51    (g-2)  the  amendments to subdivision 1 of section 1809 of the vehicle
    52  and traffic law made by section twenty-b of this act  shall  not  affect
    53  the  expiration of such subdivision and shall be deemed to expire there-
    54  with, when upon such date the provisions of section twenty-c of this act
    55  shall take effect;

        S. 9031                            57
     1    (g-3) the amendments to subdivision 1 of section 1809 of  the  vehicle
     2  and  traffic  law  made by section twenty-c of this act shall not affect
     3  the expiration of such subdivision and shall be deemed to expire  there-
     4  with, when upon such date the provisions of section twenty-d of this act
     5  shall take effect;
     6    (g-4)  the  amendments to subdivision 1 of section 1809 of the vehicle
     7  and traffic law made by section twenty-d of this act  shall  not  affect
     8  the  expiration of such subdivision and shall be deemed to expire there-
     9  with, when upon such date the provisions of section twenty-e of this act
    10  shall take effect;
    11    (g-5) the amendments to subdivision 1 of section 1809 of  the  vehicle
    12  and  traffic  law  made by section twenty-e of this act shall not affect
    13  the expiration of such subdivision and shall be deemed to expire  there-
    14  with, when upon such date the provisions of section twenty-f of this act
    15  shall take effect;
    16    (g-6)  the  amendments to subdivision 1 of section 1809 of the vehicle
    17  and traffic law made by section twenty-f of this act  shall  not  affect
    18  the  expiration of such subdivision and shall be deemed to expire there-
    19  with, when upon such date the provisions of section twenty-g of this act
    20  shall take effect;
    21    (h) the amendments to paragraph a of subdivision 1 of  section  1809-e
    22  of  the  vehicle  and traffic law made by section twenty-one of this act
    23  shall not affect the expiration of such paragraph and shall be deemed to
    24  expire therewith, when upon such date the provisions of section  twenty-
    25  one-a of this act shall take effect;
    26    (h-1) the amendments to paragraph a of subdivision 1 of section 1809-e
    27  of  the vehicle and traffic law made by section twenty-one-a of this act
    28  shall not affect the expiration of such paragraph and shall be deemed to
    29  expire therewith, when upon such date the provisions of section  twenty-
    30  one-b of this act shall take effect;
    31    (h-2) the amendments to paragraph a of subdivision 1 of section 1809-e
    32  of  the vehicle and traffic law made by section twenty-one-b of this act
    33  shall not affect the expiration of such paragraph and shall be deemed to
    34  expire therewith, when upon such date the provisions of section  twenty-
    35  one-c of this act shall take effect;
    36    (h-3) the amendments to paragraph a of subdivision 1 of section 1809-e
    37  of  the vehicle and traffic law made by section twenty-one-c of this act
    38  shall not affect the expiration of such paragraph and shall be deemed to
    39  expire therewith, when upon such date the provisions of section  twenty-
    40  one-d of this act shall take effect;
    41    (h-4) the amendments to paragraph a of subdivision 1 of section 1809-e
    42  of  the vehicle and traffic law made by section twenty-one-d of this act
    43  shall not affect the expiration of such paragraph and shall be deemed to
    44  expire therewith, when upon such date the provisions of section  twenty-
    45  one-e of this act shall take effect;
    46    (h-5) the amendments to paragraph a of subdivision 1 of section 1809-e
    47  of  the vehicle and traffic law made by section twenty-one-e of this act
    48  shall not affect the expiration of such paragraph and shall be deemed to
    49  expire therewith, when upon such date the provisions of section  twenty-
    50  one-f of this act shall take effect;
    51    (i)  the  amendments to subparagraph (i) of paragraph a of subdivision
    52  5-a of section 401 of the vehicle and traffic law made by section  twen-
    53  ty-two of this act shall not affect the expiration of such paragraph and
    54  shall  be deemed to expire therewith, when upon such date the provisions
    55  of section twenty-two-a of this act shall take effect;

        S. 9031                            58
     1    (i-1) the amendments to paragraph a of subdivision 5-a of section  401
     2  of  the vehicle and traffic law made by section twenty-two-a of this act
     3  shall not affect the expiration of such paragraph and shall be deemed to
     4  expire therewith, when upon such date the provisions of section  twenty-
     5  two-b of this act shall take effect;
     6    (i-2)  the amendments to paragraph a of subdivision 5-a of section 401
     7  of the vehicle and traffic law made by section twenty-two-b of this  act
     8  shall not affect the expiration of such paragraph and shall be deemed to
     9  expire  therewith, when upon such date the provisions of section twenty-
    10  two-c of this act shall take effect;
    11    (i-3) the amendments to paragraph a of subdivision 5-a of section  401
    12  of  the vehicle and traffic law made by section twenty-two-c of this act
    13  shall not affect the expiration of such paragraph and shall be deemed to
    14  expire therewith, when upon such date the provisions of section  twenty-
    15  two-d of this act shall take effect;
    16    (i-4)  the amendments to paragraph a of subdivision 5-a of section 401
    17  of the vehicle and traffic law made by section twenty-two-d of this  act
    18  shall not affect the expiration of such paragraph and shall be deemed to
    19  expire  therewith, when upon such date the provisions of section twenty-
    20  two-e of this act shall take effect;
    21    (i-5) the amendments to paragraph a of subdivision 5-a of section  401
    22  of  the vehicle and traffic law made by section twenty-two-e of this act
    23  shall not affect the expiration of such paragraph and shall be deemed to
    24  expire therewith, when upon such date the provisions of section  twenty-
    25  two-f of this act shall take effect; and
    26    (i-6)  the amendments to paragraph a of subdivision 5-a of section 401
    27  of the vehicle and traffic law made by section twenty-two-f of this  act
    28  shall not affect the expiration of such paragraph and shall be deemed to
    29  expire  therewith, when upon such date the provisions of section twenty-
    30  two-g of this act shall take effect.
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