STATE OF NEW YORK
________________________________________________________________________
4950--B
R. R. 40
2019-2020 Regular Sessions
IN ASSEMBLY
February 6, 2019
___________
Introduced by M. of A. MAGNARELLI, LUPARDO, THIELE, SIMON, GALEF,
STIRPE, PICHARDO, D'URSO, McDONALD, PAULIN, SANTABARBARA, ENGLEBRIGHT,
FALL, SAYEGH, GOTTFRIED, GLICK, GRIFFIN, JAFFEE, DenDEKKER, LiPETRI,
PHEFFER AMATO, TAYLOR, WEPRIN, HYNDMAN, ARROYO, RAMOS, FAHY, ORTIZ,
DINOWITZ, FERNANDEZ -- Multi-Sponsored by -- M. of A. DE LA ROSA --
read once and referred to the Committee on Transportation -- reported
and referred to the Committee on Codes -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- reported and referred to the Committee on Ways and Means --
reported and referred to the Committee on Rules -- ordered to a third
reading, passed by Assembly and delivered to the Senate, recalled from
the Senate, vote reconsidered, bill amended, ordered reprinted,
retaining its place on the special order of third reading
AN ACT to amend the vehicle and traffic law, in relation to school bus
photo violation monitoring systems and owner liability for failure of
operator to stop for a school bus displaying a red visual signal; to
amend the general municipal law, in relation to jurisdiction and
procedure; to amend the public officers law, in relation to certain
photographs, videotapes or other recorded images; to amend the educa-
tion law, in relation to authorizing school districts to enter into
agreements with municipalities for the installation and use of school
bus photo violation monitoring systems; and providing for the repeal
of such provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Subdivision 1 of section 235 of the vehicle and traffic
2 law, as amended by section 1 of chapter 222 of the laws of 2015, is
3 amended to read as follows:
4 1. Notwithstanding any inconsistent provision of any general, special
5 or local law or administrative code to the contrary, in any city which
6 heretofore or hereafter is authorized to establish an administrative
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09710-07-9
A. 4950--B 2
1 tribunal to hear and determine complaints of traffic infractions consti-
2 tuting parking, standing or stopping violations, or to adjudicate the
3 liability of owners for violations of subdivision (d) of section eleven
4 hundred eleven of this chapter in accordance with section eleven hundred
5 eleven-a of this chapter, or to adjudicate the liability of owners for
6 violations of subdivision (d) of section eleven hundred eleven of this
7 chapter in accordance with sections eleven hundred eleven-b of this
8 chapter as added by sections sixteen of chapters twenty, [twenty-one,]
9 and twenty-two of the laws of two thousand nine, or to adjudicate the
10 liability of owners for violations of subdivision (d) of section eleven
11 hundred eleven of this chapter in accordance with section eleven hundred
12 eleven-d of this chapter, or to adjudicate the liability of owners for
13 violations of section eleven hundred seventy-four of this chapter in
14 accordance with section eleven hundred seventy-four-a of this chapter,
15 or to adjudicate the liability of owners for violations of subdivision
16 (d) of section eleven hundred eleven of this chapter in accordance with
17 section eleven hundred eleven-e of this chapter, or to adjudicate the
18 liability of owners for violations of toll collection regulations as
19 defined in and in accordance with the provisions of section two thousand
20 nine hundred eighty-five of the public authorities law and sections
21 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
22 of the laws of nineteen hundred fifty, or to adjudicate liability of
23 owners in accordance with section eleven hundred eleven-c of this chap-
24 ter for violations of bus lane restrictions as defined in subdivision
25 (b), (c), (d), (f) or (g) of such section, or to adjudicate the liabil-
26 ity of owners for violations of section eleven hundred eighty of this
27 chapter in accordance with section eleven hundred eighty-b of this chap-
28 ter, such tribunal and the rules and regulations pertaining thereto
29 shall be constituted in substantial conformance with the following
30 sections.
31 § 1-a. Section 235 of the vehicle and traffic law, as amended by
32 section 1-a 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-a 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 sections eleven hundred
44 eleven-b of this chapter as added by sections sixteen of chapters twen-
45 ty, [twenty-one,] and twenty-two of the laws of two thousand nine, or to
46 adjudicate the liability of owners for violations of subdivision (d) of
47 section eleven hundred eleven of this chapter in accordance with section
48 eleven hundred eleven-d of this chapter, or to adjudicate the liability
49 of owners for violations of subdivision (d) of section eleven hundred
50 eleven of this chapter in accordance with section eleven hundred
51 eleven-e of this chapter, or to adjudicate the liability of owners for
52 violations of section eleven hundred seventy-four of this chapter in
53 accordance with section eleven hundred seventy-four-a of this chapter,
54 or to adjudicate the liability of owners for violations of toll
55 collection regulations as defined in and in accordance with the
56 provisions of section two thousand nine hundred eighty-five of the
A. 4950--B 3
1 public authorities law and sections sixteen-a, sixteen-b and sixteen-c
2 of chapter seven hundred seventy-four of the laws of nineteen hundred
3 fifty, or to adjudicate liability of owners in accordance with section
4 eleven hundred eleven-c of this chapter for violations of bus lane
5 restrictions as defined in such section, or to adjudicate the liability
6 of owners for violations of subdivision (b), (c), (d), (f) or (g) of
7 section eleven hundred eighty of this chapter in accordance with section
8 eleven hundred eighty-b of this chapter, such tribunal and the rules and
9 regulations pertaining thereto shall be constituted in substantial
10 conformance with the following sections.
11 § 1-b. Section 235 of the vehicle and traffic law, as amended by
12 section 1-b of chapter 222 of the laws of 2015, is amended to read as
13 follows:
14 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
15 general, special or local law or administrative code to the contrary, in
16 any city which heretofore or hereafter is authorized to establish an
17 administrative tribunal to hear and determine complaints of traffic
18 infractions constituting parking, standing or stopping violations, or to
19 adjudicate the liability of owners for violations of subdivision (d) of
20 section eleven hundred eleven of this chapter in accordance with
21 sections eleven hundred eleven-b of this chapter as added by sections
22 sixteen of chapters twenty, [twenty-one,] and twenty-two of the laws of
23 two thousand nine, or to adjudicate the liability of owners for
24 violations of subdivision (d) of section eleven hundred eleven of this
25 chapter in accordance with section eleven hundred eleven-d of this chap-
26 ter, or to adjudicate the liability of owners for violations of subdivi-
27 sion (d) of section eleven hundred eleven of this chapter in accordance
28 with section eleven hundred eleven-e of this chapter, or to adjudicate
29 the liability of owners for violations of section eleven hundred seven-
30 ty-four of this chapter in accordance with section eleven hundred seven-
31 ty-four-a of this chapter, or to adjudicate the liability of owners for
32 violations of toll collection regulations as defined in and in accord-
33 ance with the provisions of section two thousand nine hundred eighty-
34 five of the public authorities law and sections sixteen-a, sixteen-b and
35 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
36 hundred fifty, or to adjudicate liability of owners in accordance with
37 section eleven hundred eleven-c of this chapter for violations of bus
38 lane restrictions as defined in such section, or to adjudicate the
39 liability of owners for violations of subdivision (b), (c), (d), (f) or
40 (g) of section eleven hundred eighty of this chapter in accordance with
41 section eleven hundred eighty-b of this chapter, such tribunal and the
42 rules and regulations pertaining thereto shall be constituted in
43 substantial conformance with the following sections.
44 § 1-c. Section 235 of the vehicle and traffic law, as amended by
45 section 1-c of chapter 222 of the laws of 2015, is amended to read as
46 follows:
47 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
48 general, special or local law or administrative code to the contrary, in
49 any city which heretofore or hereafter is authorized to establish an
50 administrative tribunal to hear and determine complaints of traffic
51 infractions constituting parking, standing or stopping violations, or to
52 adjudicate the liability of owners for violations of subdivision (d) of
53 section eleven hundred eleven of this chapter in accordance with section
54 eleven hundred eleven-d of this chapter, or to adjudicate the liability
55 of owners for violations of subdivision (d) of section eleven hundred
56 eleven of this chapter in accordance with section eleven hundred
A. 4950--B 4
1 eleven-e of this chapter, or to adjudicate the liability of owners for
2 violations of section eleven hundred seventy-four of this chapter in
3 accordance with section eleven hundred seventy-four-a of this chapter,
4 or to adjudicate the liability of owners for violations of toll
5 collection regulations as defined in and in accordance with the
6 provisions of section two thousand nine hundred eighty-five of the
7 public authorities law and sections sixteen-a, sixteen-b and sixteen-c
8 of chapter seven hundred seventy-four of the laws of nineteen hundred
9 fifty, or to adjudicate liability of owners in accordance with section
10 eleven hundred eleven-c of this chapter for violations of bus lane
11 restrictions as defined in such section, or to adjudicate the liability
12 of owners for violations of subdivision (b), (c), (d), (f) or (g) of
13 section eleven hundred eighty of this chapter in accordance with section
14 eleven hundred eighty-b of this chapter, such tribunal and the rules and
15 regulations pertaining thereto shall be constituted in substantial
16 conformance with the following sections.
17 § 1-d. Section 235 of the vehicle and traffic law, as amended by
18 section 1-d of chapter 222 of the laws of 2015, is amended to read as
19 follows:
20 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
21 general, special or local law or administrative code to the contrary, in
22 any city which heretofore or hereafter is authorized to establish an
23 administrative tribunal to hear and determine complaints of traffic
24 infractions constituting parking, standing or stopping violations, or to
25 adjudicate the liability of owners for violations of subdivision (d) of
26 section eleven hundred eleven of this chapter in accordance with section
27 eleven hundred eleven-d of this chapter, or to adjudicate the liability
28 of owners for violations of subdivision (d) of section eleven hundred
29 eleven of this chapter in accordance with section eleven hundred
30 eleven-e of this chapter, or to adjudicate the liability of owners for
31 violations of section eleven hundred seventy-four of this chapter in
32 accordance with section eleven hundred seventy-four-a of this chapter,
33 or to adjudicate the liability of owners for violations of toll
34 collection regulations as defined in and in accordance with the
35 provisions of section two thousand nine hundred eighty-five of the
36 public authorities law and sections sixteen-a, sixteen-b and sixteen-c
37 of chapter seven hundred seventy-four of the laws of nineteen hundred
38 fifty, or to adjudicate liability of owners for violations of subdivi-
39 sions (c) and (d) of section eleven hundred eighty of this chapter in
40 accordance with section eleven hundred eighty-b of this chapter, such
41 tribunal and the rules and regulations pertaining thereto shall be
42 constituted in substantial conformance with the following sections.
43 § 1-e. Section 235 of the vehicle and traffic law, as amended by
44 section 1-e of chapter 222 of the laws of 2015, is amended to read as
45 follows:
46 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
47 general, special or local law or administrative code to the contrary, in
48 any city which heretofore or hereafter is authorized to establish an
49 administrative tribunal to hear and determine complaints of traffic
50 infractions constituting parking, standing or stopping violations, or to
51 adjudicate the liability of owners for violations of subdivision (d) of
52 section eleven hundred eleven of this chapter in accordance with section
53 eleven hundred eleven-d of this chapter, or to adjudicate the liability
54 of owners for violations of subdivision (d) of section eleven hundred
55 eleven of this chapter in accordance with section eleven hundred
56 eleven-e of this chapter, or to adjudicate the liability of owners for
A. 4950--B 5
1 violations of section eleven hundred seventy-four of this chapter in
2 accordance with section eleven hundred seventy-four-a of this chapter,
3 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, such tribunal and the rules and regulations pertaining thereto
9 shall be constituted in substantial conformance with the following
10 sections.
11 § 1-f. Section 235 of the vehicle and traffic law, as amended by
12 section 1-f of chapter 222 of the laws of 2015, is amended to read as
13 follows:
14 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
15 general, special or local law or administrative code to the contrary, in
16 any city which heretofore or hereafter is authorized to establish an
17 administrative tribunal to hear and determine complaints of traffic
18 infractions constituting parking, standing or stopping violations, or to
19 adjudicate the liability of owners for violations of subdivision (d) of
20 section eleven hundred eleven of this chapter in accordance with section
21 eleven hundred eleven-e of this chapter, or to adjudicate the liability
22 of owners for violations of section eleven hundred seventy-four of this
23 chapter in accordance with section eleven hundred seventy-four-a of this
24 chapter, or to adjudicate the liability of owners for violations of toll
25 collection regulations as defined in and in accordance with the
26 provisions of section two thousand nine hundred eighty-five of the
27 public authorities law and sections sixteen-a, sixteen-b and sixteen-c
28 of chapter seven hundred seventy-four of the laws of nineteen hundred
29 fifty, such tribunal and the rules and regulations pertaining thereto
30 shall be constituted in substantial conformance with the following
31 sections.
32 § 1-g. Section 235 of the vehicle and traffic law, as separately
33 amended by chapter 715 of the laws of 1972 and chapter 379 of the laws
34 of 1992, is amended to read as follows:
35 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
36 general, special or local law or administrative code to the contrary, in
37 any city which heretofore or hereafter is authorized to establish an
38 administrative tribunal to hear and determine complaints of traffic
39 infractions constituting parking, standing or stopping violations, or to
40 adjudicate the liability of owners for violations of section eleven
41 hundred seventy-four of this chapter in accordance with section eleven
42 hundred seventy-four-a of this chapter, or to adjudicate the liability
43 of owners for violations of toll collection regulations as defined in
44 and in accordance with the provisions of section two thousand nine
45 hundred eighty-five of the public authorities law and sections
46 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
47 of the laws of nineteen hundred fifty, such tribunal and the rules and
48 regulations pertaining thereto shall be constituted in substantial
49 conformance with the following sections.
50 § 2. Subdivision 1 of section 236 of the vehicle and traffic law, as
51 amended by section 2 of chapter 222 of the laws of 2015, is amended to
52 read as follows:
53 1. Creation. In any city as hereinbefore or hereafter authorized such
54 tribunal when created shall be known as the parking violations bureau
55 and shall have jurisdiction of traffic infractions which constitute a
56 parking violation and, where authorized by local law adopted pursuant to
A. 4950--B 6
1 subdivision (a) of section eleven hundred eleven-a of this chapter or
2 subdivisions (a) of sections eleven hundred eleven-b of this chapter as
3 added by sections sixteen of chapters twenty, [twenty-one,] and twenty-
4 two of the laws of two thousand nine, or subdivision (a) of section
5 eleven hundred eleven-d of this chapter, or subdivision (a) of section
6 eleven hundred eleven-e of this chapter, or subdivision (a) of section
7 eleven hundred seventy-four-a of this chapter, shall adjudicate the
8 liability of owners for violations of subdivision (d) of section eleven
9 hundred eleven of this chapter in accordance with such section eleven
10 hundred eleven-a, sections eleven hundred eleven-b as added by sections
11 sixteen of chapters twenty, [twenty-one,] and twenty-two of the laws of
12 two thousand nine, or section eleven hundred eleven-d or section eleven
13 hundred eleven-e and shall adjudicate the liability of owners for
14 violations of toll collection regulations as defined in and in accord-
15 ance with the provisions of section two thousand nine hundred eighty-
16 five of the public authorities law and sections sixteen-a, sixteen-b and
17 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
18 hundred fifty and shall adjudicate liability of owners in accordance
19 with section eleven hundred eleven-c of this chapter for violations of
20 bus lane restrictions as defined in such section and shall adjudicate
21 liability of owners in accordance with section eleven hundred seventy-
22 four-a of this chapter for violations of section eleven hundred seven-
23 ty-four of this chapter 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-b of this chapter. Such tribunal, except in a city with a popu-
27 lation of one million or more, shall also have jurisdiction of abandoned
28 vehicle violations. For the purposes of this article, a parking
29 violation is the violation of any law, rule or regulation providing for
30 or regulating the parking, stopping or standing of a vehicle. In addi-
31 tion for purposes of this article, "commissioner" shall mean and include
32 the commissioner of traffic of the city or an official possessing
33 authority as such a commissioner.
34 § 2-a. Subdivision 1 of section 236 of the vehicle and traffic law, as
35 amended by section 2-a of chapter 222 of the laws of 2015, is amended to
36 read as follows:
37 1. Creation. In any city as hereinbefore or hereafter authorized such
38 tribunal when created shall be known as the parking violations bureau
39 and shall have jurisdiction of traffic infractions which constitute a
40 parking violation and, where authorized by local law adopted pursuant to
41 subdivisions (a) of sections eleven hundred eleven-b of this chapter as
42 added by sections sixteen of chapters twenty, [twenty-one,] and twenty-
43 two of the laws of two thousand nine, or subdivision (a) of section
44 eleven hundred eleven-d of this chapter, or subdivision (a) of section
45 eleven hundred eleven-e of this chapter, or subdivision (a) of section
46 eleven hundred seventy-four-a of this chapter, shall adjudicate the
47 liability of owners for violations of subdivision (d) of section eleven
48 hundred eleven of this chapter in accordance with such sections eleven
49 hundred eleven-b as added by sections sixteen of chapters twenty, [twen-
50 ty-one,] and twenty-two of the laws of two thousand nine or section
51 eleven hundred eleven-d or section eleven hundred eleven-e; and shall
52 adjudicate liability of owners in accordance with section eleven hundred
53 eleven-c of this chapter for violations of bus lane restrictions as
54 defined in such section and shall adjudicate liability of owners in
55 accordance with section eleven hundred seventy-four-a of this chapter
56 for violations of section eleven hundred seventy-four of this chapter
A. 4950--B 7
1 and shall adjudicate liability of owners for violations of subdivisions
2 (c) and (d) of section eleven hundred eighty of this chapter in accord-
3 ance with section eleven hundred eighty-b of this chapter. For the
4 purposes of this article, a parking violation is the violation of any
5 law, rule or regulation providing for or regulating the parking, stop-
6 ping or standing of a vehicle. In addition for purposes of this article,
7 "commissioner" shall mean and include the commissioner of traffic of the
8 city or an official possessing authority as such a commissioner.
9 § 2-b. Subdivision 1 of section 236 of the vehicle and traffic law, as
10 amended by section 2-b of chapter 222 of the laws of 2015, is amended to
11 read as follows:
12 1. Creation. In any city as hereinbefore or hereafter authorized such
13 tribunal when created shall be known as the parking violations bureau
14 and shall have jurisdiction of traffic infractions which constitute a
15 parking violation and, where authorized by local law adopted pursuant to
16 subdivision (a) of section eleven hundred eleven-d or subdivision (a) of
17 section eleven hundred eleven-e of this chapter, or subdivision (a) of
18 section eleven hundred seventy-four-a of this chapter, shall adjudicate
19 liability of owners in accordance with section eleven hundred eleven-c
20 of this chapter for violations of bus lane restrictions as defined in
21 such section; and shall adjudicate the liability of owners for
22 violations of subdivision (b), (c), (d), (f) or (g) of section eleven
23 hundred eighty of this chapter in accordance with section eleven hundred
24 eighty-b of this chapter. For the purposes of this article, a parking
25 violation is the violation of any law, rule or regulation providing for
26 or regulating the parking, stopping or standing of a vehicle. In addi-
27 tion for purposes of this article, "commissioner" shall mean and include
28 the commissioner of traffic of the city or an official possessing
29 authority as such a commissioner.
30 § 2-c. Subdivision 1 of section 236 of the vehicle and traffic law, as
31 amended by section 2-c of chapter 222 of the laws of 2015, is amended to
32 read as follows:
33 1. Creation. In any city as hereinbefore or hereafter authorized such
34 tribunal when created shall be known as the parking violations bureau
35 and, where authorized by local law adopted pursuant to subdivision (a)
36 of section eleven hundred eleven-d of this chapter or subdivision (a) of
37 section eleven hundred eleven-e of this chapter, or subdivision (a) of
38 section eleven hundred seventy-four-a of this chapter, shall have juris-
39 diction of traffic infractions which constitute a parking violation and
40 shall adjudicate the liability of owners for violations of subdivision
41 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
42 ter in accordance with section eleven hundred eighty-b of this chapter.
43 For the purposes of this article, a parking violation is the violation
44 of any law, rule or regulation providing for or regulating the parking,
45 stopping or standing of a vehicle. In addition for purposes of this
46 article, "commissioner" shall mean and include the commissioner of traf-
47 fic of the city or an official possessing authority as such a commis-
48 sioner.
49 § 2-d. Subdivision 1 of section 236 of the vehicle and traffic law, as
50 amended by section 2-d of chapter 222 of the laws of 2015, is amended to
51 read as follows:
52 1. Creation. In any city as hereinbefore or hereafter authorized such
53 tribunal when created shall be known as the parking violations bureau
54 and, where authorized by local law adopted pursuant to subdivision (a)
55 of section eleven hundred eleven-d of this chapter or subdivision (a) of
56 section eleven hundred eleven-e of this chapter, or subdivision (a) of
A. 4950--B 8
1 section eleven hundred seventy-four-a of this chapter, shall have juris-
2 diction of traffic infractions which constitute a parking violation. For
3 the purposes of this article, a parking violation is the violation of
4 any law, rule or regulation providing for or regulating the parking,
5 stopping or standing of a vehicle. In addition for purposes of this
6 article, "commissioner" shall mean and include the commissioner of traf-
7 fic of the city or an official possessing authority as such a commis-
8 sioner.
9 § 2-e. Subdivision 1 of section 236 of the vehicle and traffic law, as
10 amended by section 2-e of chapter 222 of the laws of 2015, is amended to
11 read as follows:
12 1. Creation. In any city as hereinbefore or hereafter authorized such
13 tribunal when created shall be known as the parking violations bureau
14 and where authorized by local law adopted pursuant to subdivision (a) of
15 section eleven hundred eleven-e or subdivision (a) of section eleven
16 hundred seventy-four-a of this chapter, shall have jurisdiction of traf-
17 fic infractions which constitute a parking violation. For the purposes
18 of this article, a parking violation is the violation of any law, rule
19 or regulation providing for or regulating the parking, stopping or
20 standing of a vehicle. In addition for purposes of this article,
21 "commissioner" shall mean and include the commissioner of traffic of the
22 city or an official possessing authority as such a commissioner.
23 § 2-f. Subdivision 1 of section 236 of the vehicle and traffic law, as
24 added by chapter 715 of the laws of 1972, is amended to read as follows:
25 1. Creation. In any city as hereinbefore or hereafter authorized such
26 tribunal when created shall be known as the parking violations bureau
27 and where authorized by local law adopted pursuant to subdivision (a) of
28 section eleven hundred seventy-four-a of this chapter, shall have juris-
29 diction of traffic infractions which constitute a parking violation. For
30 the purposes of this article, a parking violation is the violation of
31 any law, rule or regulation providing for or regulating the parking,
32 stopping or standing of a vehicle. In addition for purposes of this
33 article, "commissioner" shall mean and include the commissioner of traf-
34 fic of the city or an official possessing authority as such a commis-
35 sioner.
36 § 3. Section 237 of the vehicle and traffic law is amended by adding a
37 new subdivision 16 to read as follows:
38 16. To adjudicate the liability of owners for violations of section
39 eleven hundred seventy-four of this chapter in accordance with section
40 eleven hundred seventy-four-a of this chapter, if authorized by local
41 law adopted pursuant to subdivision (a) of such section eleven hundred
42 seventy-four-a.
43 § 4. Paragraph f of subdivision 1 of section 239 of the vehicle and
44 traffic law, as amended by section 4 of chapter 222 of the laws of 2015,
45 is amended to read as follows:
46 f. "Notice of violation" means a notice of violation as defined in
47 subdivision nine of section two hundred thirty-seven of this article,
48 but shall not be deemed to include a notice of liability issued pursuant
49 to authorization set forth in section eleven hundred eleven-a of this
50 chapter, or sections eleven hundred eleven-b of this chapter as added by
51 sections sixteen of chapters twenty, [twenty-one,] and twenty-two of the
52 laws of two thousand nine, or section eleven hundred eleven-d of this
53 chapter, or section eleven hundred eleven-e of this chapter, or section
54 eleven hundred seventy-four-a of this chapter, and shall not be deemed
55 to include a notice of liability issued pursuant to section two thousand
56 nine hundred eighty-five of the public authorities law and sections
A. 4950--B 9
1 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
2 of the laws of nineteen hundred fifty and shall not be deemed to include
3 a notice of liability issued pursuant to section eleven hundred eleven-c
4 of this chapter and shall not be deemed to include a notice of liability
5 issued pursuant to section eleven hundred eighty-b of this chapter.
6 § 4-a. Paragraph f of subdivision 1 of section 239 of the vehicle and
7 traffic law, as amended by section 4-a of chapter 222 of the laws of
8 2015, is amended to read as follows:
9 f. "Notice of violation" means a notice of violation as defined in
10 subdivision nine of section two hundred thirty-seven of this article but
11 shall not be deemed to include a notice of liability issued pursuant to
12 authorization set forth in sections eleven hundred eleven-b of this
13 chapter as added by sections sixteen of chapters twenty, [twenty-one,]
14 and twenty-two of the laws of two thousand nine or section eleven
15 hundred eleven-d of this chapter or section eleven hundred eleven-e of
16 this chapter or section eleven hundred seventy-four-a of this chapter
17 and shall not be deemed to include a notice of liability issued pursuant
18 to section eleven hundred eleven-c of this chapter and shall not be
19 deemed to include a notice of liability issued pursuant to section elev-
20 en hundred eighty-b of this chapter.
21 § 4-b. Paragraph f of subdivision 1 of section 239 of the vehicle and
22 traffic law, as amended by section 4-b of chapter 222 of the laws of
23 2015, is amended to read as follows:
24 f. "Notice of violation" means a notice of violation as defined in
25 subdivision nine of section two hundred thirty-seven of this article and
26 shall not be deemed to include a notice of liability issued pursuant to
27 authorization set forth in section eleven hundred eleven-d of this chap-
28 ter or to a notice of liability issued pursuant to authorization set
29 forth in section eleven hundred eleven-e of this chapter or to a notice
30 of liability issued pursuant to authorization set forth in section elev-
31 en hundred seventy-four-a of this chapter and shall not be deemed to
32 include a notice of liability issued pursuant to section eleven hundred
33 eleven-c of this chapter and shall not be deemed to include a notice of
34 liability issued pursuant to section eleven hundred eighty-b of this
35 chapter.
36 § 4-c. Paragraph f of subdivision 1 of section 239 of the vehicle and
37 traffic law, as amended by section 4-c of chapter 222 of the laws of
38 2015, is amended to read as follows:
39 f. "Notice of violation" means a notice of violation as defined in
40 subdivision nine of section two hundred thirty-seven of this article and
41 shall not be deemed to include a notice of liability issued pursuant to
42 authorization set forth in section eleven hundred eleven-d of this chap-
43 ter or to a notice of liability issued pursuant to authorization set
44 forth in section eleven hundred eleven-e of this chapter or to a notice
45 of liability issued pursuant to authorization set forth in section elev-
46 en hundred seventy-four-a of this chapter and shall not be deemed to
47 include a notice of liability issued pursuant to section eleven hundred
48 eighty-b of this chapter.
49 § 4-d. Paragraph f of subdivision 1 of section 239 of the vehicle and
50 traffic law, as amended by section 4-d of chapter 222 of the laws of
51 2015, is amended to read as follows:
52 f. "Notice of violation" means a notice of violation as defined in
53 subdivision nine of section two hundred thirty-seven of this article and
54 shall not be deemed to include a notice of liability issued pursuant to
55 authorization set forth in section eleven hundred eleven-d of this chap-
56 ter or to a notice of liability issued pursuant to authorization set
A. 4950--B 10
1 forth in section eleven hundred eleven-e of this chapter or to a notice
2 of liability issued pursuant to authorization set forth in section elev-
3 en hundred seventy-four-a of this chapter.
4 § 4-e. Paragraph f of subdivision 1 of section 239 of the vehicle and
5 traffic law, as amended by section 4-e of chapter 222 of the laws of
6 2015, is amended to read as follows:
7 f. "Notice of violation" means a notice of violation as defined in
8 subdivision nine of section two hundred thirty-seven of this article and
9 shall not be deemed to include a notice of liability issued pursuant to
10 authorization set forth in section eleven hundred eleven-e of this chap-
11 ter or to a notice of liability issued pursuant to authorization set
12 forth in section eleven hundred seventy-four-a of this chapter.
13 § 4-f. Paragraph f of subdivision 1 of section 239 of the vehicle and
14 traffic law, as added by chapter 180 of the laws of 1980, is amended to
15 read as follows:
16 f. "Notice of violation" means a notice of violation as defined in
17 subdivision nine of section two hundred thirty-seven of this article and
18 shall not be deemed to include a notice of liability issued pursuant to
19 authorization set forth in section eleven hundred seventy-four-a of this
20 chapter.
21 § 5. Subdivisions 1 and 1-a of section 240 of the vehicle and traffic
22 law, as amended by section 5 of chapter 222 of the laws of 2015, are
23 amended to read as follows:
24 1. Notice of hearing. Whenever a person charged with a parking
25 violation enters a plea of not guilty or a person alleged to be liable
26 in accordance with section eleven hundred eleven-a of this chapter or
27 sections eleven hundred eleven-b of this chapter as added by sections
28 sixteen of chapters twenty, [twenty-one,] and twenty-two of the laws of
29 two thousand nine or section eleven hundred eleven-d of this chapter, or
30 section eleven hundred eleven-e of this chapter, or section eleven
31 hundred seventy-four-a of this chapter, for a violation of subdivision
32 (d) of section eleven hundred eleven of this chapter contests such alle-
33 gation, or a person alleged to be liable in accordance with the
34 provisions of section two thousand nine hundred eighty-five of the
35 public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
36 chapter seven hundred seventy-four of the laws of nineteen hundred
37 fifty, or a person alleged to be liable in accordance with the
38 provisions of section eleven hundred eleven-c of this chapter for a
39 violation of a bus lane restriction as defined in such section contests
40 such allegation, or a person alleged to be liable in accordance with the
41 provisions of section eleven hundred eighty-b of this chapter for a
42 violation of subdivision (b), (c), (d), (f) or (g) of section eleven
43 hundred eighty of this chapter contests such allegation, the bureau
44 shall advise such person personally by such form of first class mail as
45 the director may direct of the date on which he or she must appear to
46 answer the charge at a hearing. The form and content of such notice of
47 hearing shall be prescribed by the director, and shall contain a warning
48 to advise the person so pleading or contesting that failure to appear on
49 the date designated, or on any subsequent adjourned date, shall be
50 deemed an admission of liability, and that a default judgment may be
51 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
A. 4950--B 11
1 two thousand nine or section eleven hundred eleven-d of this chapter or
2 section eleven hundred eleven-e of this chapter or section eleven
3 hundred seventy-four-a of this chapter or an allegation of liability in
4 accordance with section two thousand nine hundred eighty-five of the
5 public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
6 chapter seven hundred seventy-four of the laws of nineteen hundred fifty
7 or an allegation of liability in accordance with section eleven hundred
8 eleven-c of this chapter or an allegation of liability in accordance
9 with section eleven hundred eighty-b of this chapter, is being
10 contested, by a person in a timely fashion and a hearing upon the merits
11 has been demanded, but has not yet been held, the bureau shall not issue
12 any notice of fine or penalty to that person prior to the date of the
13 hearing.
14 § 5-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-
21 two of the laws of two thousand nine or section eleven hundred eleven-d
22 of this chapter or section eleven hundred eleven-e of this chapter or
23 section eleven hundred seventy-four-a of this chapter for a violation of
24 subdivision (d) of section eleven hundred eleven of this chapter, or a
25 person alleged to be liable in accordance with the provisions of section
26 eleven hundred eleven-c of this chapter for a violation of a bus lane
27 restriction as defined in such section contests such allegation, or a
28 person alleged to be liable in accordance with the provisions of section
29 eleven hundred eighty-b of this chapter for violations of subdivision
30 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
31 ter contests such allegation, the bureau shall advise such person
32 personally by such form of first class mail as the director may direct
33 of the date on which he or she must appear to answer the charge at a
34 hearing. The form and content of such notice of hearing shall be
35 prescribed by the director, and shall contain a warning to advise the
36 person so pleading or contesting that failure to appear on the date
37 designated, or on any subsequent adjourned date, shall be deemed an
38 admission of liability, and that a default judgment may be entered ther-
39 eon.
40 1-a. Fines and penalties. Whenever a plea of not guilty has been
41 entered, or the bureau has been notified that an allegation of liability
42 in accordance with sections eleven hundred eleven-b of this chapter, as
43 added by sections sixteen of chapters twenty, [twenty-one,] and twenty-
44 two of the laws of two thousand nine or in accordance with section elev-
45 en hundred eleven-d of this chapter, or in accordance with section elev-
46 en hundred eleven-e of this chapter or section eleven hundred
47 seventy-four-a of this chapter or an allegation of liability in accord-
48 ance with section eleven hundred eleven-c of this chapter or an allega-
49 tion of liability in accordance with section eleven hundred eighty-b of
50 this chapter is being contested, by a person in a timely fashion and a
51 hearing upon the merits has been demanded, but has not yet been held,
52 the bureau shall not issue any notice of fine or penalty to that person
53 prior to the date of the hearing.
54 § 5-b. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
55 fic law, as amended by section 5-b of chapter 222 of the laws of 2015,
56 are amended to read as follows:
A. 4950--B 12
1 1. Notice of hearing. Whenever a person charged with a parking
2 violation enters a plea of not guilty or a person alleged to be liable
3 in accordance with section eleven hundred eleven-d of this chapter or in
4 accordance with section eleven hundred eleven-e of this chapter or
5 section eleven hundred seventy-four-a of this chapter or in accordance
6 with the provisions of section eleven hundred eleven-c of this chapter
7 for a violation of a bus lane restriction as defined in such section,
8 contests such allegation, or a person alleged to be liable in accordance
9 with the provisions of section eleven hundred eighty-b of this chapter
10 for violations of subdivision (b), (c), (d), (f) or (g) of section elev-
11 en hundred eighty of this chapter contests such allegation, the bureau
12 shall advise such person personally by such form of first class mail as
13 the director may direct of the date on which he or she must appear to
14 answer the charge at a hearing. The form and content of such notice of
15 hearing shall be prescribed by the director, and shall contain a warning
16 to advise the person so pleading that failure to appear on the date
17 designated, or on any subsequent adjourned date, shall be deemed an
18 admission of liability, and that a default judgment may be entered ther-
19 eon.
20 1-a. Fines and penalties. Whenever a plea of not guilty has been
21 entered, or the bureau has been notified that an allegation of liability
22 in accordance with section eleven hundred eleven-d of this chapter or in
23 accordance with section eleven hundred eleven-e of this chapter or
24 section eleven hundred seventy-four-a of this chapter or in accordance
25 with section eleven hundred eleven-c of this chapter or an allegation of
26 liability in accordance with section eleven hundred eighty-b of this
27 chapter is being contested, by a person in a timely fashion and a hear-
28 ing upon the merits has been demanded, but has not yet been held, the
29 bureau shall not issue any notice of fine or penalty to that person
30 prior to the date of the hearing.
31 § 5-c. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
32 fic law, as amended by section 5-c of chapter 222 of the laws of 2015,
33 are amended to read as follows:
34 1. Notice of hearing. Whenever a person charged with a parking
35 violation enters a plea of not guilty, or a person alleged to be liable
36 in accordance with section eleven hundred eleven-d of this chapter, or a
37 person alleged to be liable in accordance with section eleven hundred
38 eleven-e of this chapter, or a person alleged to be liable in accordance
39 with section eleven hundred seventy-four-a of this chapter, or a person
40 alleged to be liable in accordance with the provisions of section eleven
41 hundred eighty-b of this chapter for violations of subdivision (b), (c),
42 (d), (f) or (g) of section eleven hundred eighty of this chapter
43 contests such allegation, the bureau shall advise such person personally
44 by such form of first class mail as the director may direct of the date
45 on which he or she must appear to answer the charge at a hearing. The
46 form and content of such notice of hearing shall be prescribed by the
47 director, and shall contain a warning to advise the person so pleading
48 that failure to appear on the date designated, or on any subsequent
49 adjourned date, shall be deemed an admission of liability, and that a
50 default judgment may be entered thereon.
51 1-a. Fines and penalties. Whenever a plea of not guilty has been
52 entered, or the bureau has been notified that an allegation of liability
53 in accordance with section eleven hundred eleven-d of this chapter, or
54 the bureau has been notified that an allegation of liability in accord-
55 ance with section eleven hundred eleven-e of this chapter, or the bureau
56 has been notified that an allegation of liability in accordance with
A. 4950--B 13
1 section eleven hundred seventy-four-a of this chapter, or the bureau has
2 been notified that an allegation of liability in accordance with section
3 eleven hundred eighty-b of this chapter, is being contested, by a person
4 in a timely fashion and a hearing upon the merits has been demanded, but
5 has not yet been held, the bureau shall not issue any notice of fine or
6 penalty to that person prior to the date of the hearing.
7 § 5-d. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
8 fic law, as amended by section 5-d of chapter 222 of the laws of 2015,
9 are amended to read as follows:
10 1. Notice of hearing. Whenever a person charged with a parking
11 violation enters a plea of not guilty, or a person alleged to be liable
12 in accordance with section eleven hundred eleven-d of this chapter
13 contests such allegation, or a person alleged to be liable in accordance
14 with section eleven hundred eleven-e of this chapter contests such alle-
15 gation, or a person alleged to be liable in accordance with section
16 eleven hundred seventy-four-a of this chapter contests such allegation,
17 the bureau shall advise such person personally by such form of first
18 class mail as the director may direct of the date on which he or she
19 must appear to answer the charge at a hearing. The form and content of
20 such notice of hearing shall be prescribed by the director, and shall
21 contain a warning to advise the person so pleading that failure to
22 appear on the date designated, or on any subsequent adjourned date,
23 shall be deemed an admission of liability, and that a default judgment
24 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, is
28 being contested, or the bureau has been notified that an allegation of
29 liability in accordance with section eleven hundred eleven-e of this
30 chapter, is being contested, or the bureau has been notified that an
31 allegation of liability in accordance with section eleven hundred seven-
32 ty-four-a of this chapter, is being contested, by a person in a timely
33 fashion and a hearing upon the merits has been demanded, but has not yet
34 been held, the bureau shall not issue any notice of fine or penalty to
35 that person prior to the date of the hearing.
36 § 5-e. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
37 fic law, as amended by section 5-e of chapter 222 of the laws of 2015,
38 are amended to read as follows:
39 1. Notice of hearing. Whenever a person charged with a parking
40 violation enters a plea of not guilty, or a person alleged to be liable
41 in accordance with section eleven hundred eleven-e of this chapter
42 contests such allegation, or a person alleged to be liable in accordance
43 with section eleven hundred seventy-four-a of this chapter contests such
44 allegation, the bureau shall advise such person personally by such form
45 of first class mail as the director may direct of the date on which he
46 or she must appear to answer the charge at a hearing. The form and
47 content of such notice of hearing shall be prescribed by the director,
48 and shall contain a warning to advise the person so pleading that fail-
49 ure to appear on the date designated, or on any subsequent adjourned
50 date, shall be deemed an admission of liability, and that a default
51 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-e of this chapter, is
55 being contested, or the bureau has been notified that an allegation of
56 liability in accordance with section eleven hundred seventy-four-a of
A. 4950--B 14
1 this chapter, is being contested, by a person in a timely fashion and a
2 hearing upon the merits has been demanded, but has not yet been held,
3 the bureau shall not issue any notice of fine or penalty to that person
4 prior to the date of the hearing.
5 § 5-f. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
6 fic law, subdivision 1 as added by chapter 715 of the laws of 1972 and
7 subdivision 1-a as added by chapter 365 of the laws of 1978, are amended
8 to read as follows:
9 1. Notice of hearing. Whenever a person charged with a parking
10 violation enters a plea of not guilty, or a person alleged to be liable
11 in accordance with section eleven hundred seventy-four-a of this chapter
12 contests such allegation, the bureau shall advise such person personally
13 by such form of first class mail as the director may direct of the date
14 on which he or she must appear to answer the charge at a hearing. The
15 form and content of such notice of hearing shall be prescribed by the
16 director, and shall contain a warning to advise the person so pleading
17 that failure to appear on the date designated, or on any subsequent
18 adjourned date, shall be deemed an admission of liability, and that a
19 default judgment may be entered thereon.
20 1-a. Fines and penalties. Whenever a plea of not guilty has been
21 entered, or the bureau has been notified that an allegation of liability
22 in accordance with section eleven hundred seventy-four-a of this chap-
23 ter, is being contested, by a person in a timely fashion and a hearing
24 upon the merits has been demanded, but has not yet been held, the bureau
25 shall not issue any notice of fine or penalty to that person prior to
26 the date of the hearing.
27 § 6. Paragraphs a and g of subdivision 2 of section 240 of the vehicle
28 and traffic law, as amended by section 6 of chapter 222 of the laws of
29 2015, are amended to read as follows:
30 a. Every hearing for the adjudication of a charge of parking violation
31 or an allegation of liability in accordance with section eleven hundred
32 eleven-a of this chapter or in accordance with sections eleven hundred
33 eleven-b of this chapter as added by sections sixteen of chapters twen-
34 ty, [twenty-one,] and twenty-two of the laws of two thousand nine or in
35 accordance with section eleven hundred eleven-d of this chapter or in
36 accordance with section eleven hundred eleven-e of this chapter or in
37 accordance with section eleven hundred seventy-four-a of this chapter or
38 an allegation of liability in accordance with section two thousand nine
39 hundred eighty-five of the public authorities law or sections sixteen-a,
40 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
41 laws of nineteen hundred fifty or an allegation of liability in accord-
42 ance with section eleven hundred eleven-c of this chapter or an allega-
43 tion of liability in accordance with section eleven hundred eighty-b of
44 this chapter, shall be held before a hearing examiner in accordance with
45 rules and regulations promulgated by the bureau.
46 g. A record shall be made of a hearing on a plea of not guilty or of a
47 hearing at which liability in accordance with section eleven hundred
48 eleven-a of this chapter or in accordance with sections eleven hundred
49 eleven-b of this chapter as added by sections sixteen of chapters twen-
50 ty, [twenty-one,] and twenty-two of the laws of two thousand nine or in
51 accordance with section eleven hundred eleven-d of this chapter is
52 contested or in accordance with section eleven hundred eleven-e of this
53 chapter is contested or in accordance with section eleven hundred seven-
54 ty-four-a of this chapter is contested or of a hearing at which liabil-
55 ity in accordance with section two thousand nine hundred eighty-five of
56 the public authorities law or sections sixteen-a, sixteen-b and
A. 4950--B 15
1 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
2 hundred fifty is contested or of a hearing at which liability in accord-
3 ance with section eleven hundred eleven-c of this chapter or a hearing
4 at which liability in accordance with section eleven hundred eighty-b of
5 this chapter is contested. Recording devices may be used for the making
6 of the record.
7 § 6-a. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
8 cle and traffic law, as amended by section 6-a of chapter 222 of the
9 laws of 2015, are amended to read as follows:
10 a. Every hearing for the adjudication of a charge of parking violation
11 or an allegation of liability in accordance with sections eleven hundred
12 eleven-b of this chapter, as added by sections sixteen of chapters twen-
13 ty, [twenty-one,] and twenty-two of the laws of two thousand nine or in
14 accordance with section eleven hundred eleven-d of this chapter or in
15 accordance with section eleven hundred eleven-e of this chapter or in
16 accordance with section eleven hundred seventy-four-a of this chapter or
17 an allegation of liability in accordance with section eleven hundred
18 eleven-c of this chapter or an allegation of liability in accordance
19 with section eleven hundred eighty-b of this chapter, shall be held
20 before a hearing examiner in accordance with rules and regulations
21 promulgated by the bureau.
22 g. A record shall be made of a hearing on a plea of not guilty or of a
23 hearing at which liability in accordance with sections eleven hundred
24 eleven-b of this chapter, as added by sections sixteen of chapters twen-
25 ty, [twenty-one,] and twenty-two of the laws of two thousand nine or in
26 accordance with section eleven hundred eleven-d of this chapter or in
27 accordance with section eleven hundred eleven-e of this chapter or in
28 accordance with section eleven hundred seventy-four-a of this chapter or
29 of a hearing at which liability in accordance with section eleven
30 hundred eleven-c of this chapter or a hearing at which liability in
31 accordance with section eleven hundred eighty-b of this chapter is
32 contested. Recording devices may be used for the making of the record.
33 § 6-b. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
34 cle and traffic law, as amended by section 6-b 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 seventy-four-a of this chapter or an allegation of liability in accord-
39 ance with section eleven hundred eleven-e of this chapter or an allega-
40 tion of liability in accordance with section eleven hundred eleven-d of
41 this chapter or an allegation of liability in accordance with section
42 eleven hundred eleven-c of this chapter or an allegation of liability in
43 accordance with section eleven hundred eighty-b of this chapter shall be
44 held before a hearing examiner in accordance with rules and regulations
45 promulgated by the bureau.
46 g. A record shall be made of a hearing on a plea of not guilty or of a
47 hearing at which liability in accordance with section eleven hundred
48 seventy-four-a of this chapter or of a hearing at which liability in
49 accordance with section eleven hundred eleven-e of this chapter or of a
50 hearing at which liability in accordance with section eleven hundred
51 eleven-d of this chapter or of a hearing at which liability in accord-
52 ance with section eleven hundred eleven-c of this chapter or a hearing
53 at which liability in accordance with section eleven hundred eighty-b of
54 this chapter is contested. Recording devices may be used for the making
55 of the record.
A. 4950--B 16
1 § 6-c. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
2 cle and traffic law, as amended by section 6-c of chapter 222 of the
3 laws of 2015, are amended to read as follows:
4 a. Every hearing for the adjudication of a charge of parking violation
5 or an allegation of liability in accordance with section eleven hundred
6 seventy-four-a of this chapter or an allegation of liability in accord-
7 ance with section eleven hundred eleven-e of this chapter or an allega-
8 tion of liability in accordance with section eleven hundred eleven-d of
9 this chapter or an allegation of liability in accordance with section
10 eleven hundred eighty-b of this chapter shall be held before a hearing
11 examiner in accordance with rules and regulations promulgated by the
12 bureau.
13 g. A record shall be made of a hearing on a plea of not guilty or of a
14 hearing at which liability in accordance with section eleven hundred
15 seventy-four-a of this chapter or of a hearing at which liability in
16 accordance with section eleven hundred eleven-e of this chapter or of a
17 hearing at which liability in accordance with section eleven hundred
18 eleven-d of this chapter or a hearing at which liability in accordance
19 with section eleven hundred eighty-b of this chapter is contested.
20 Recording devices may be used for the making of the record.
21 § 6-d. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
22 cle and traffic law, as amended by section 6-d of chapter 222 of the
23 laws of 2015, are amended to read as follows:
24 a. Every hearing for the adjudication of a charge of parking violation
25 or an allegation of liability in accordance with section eleven hundred
26 seventy-four-a of this chapter or an allegation of liability in accord-
27 ance with section eleven hundred eleven-e of this chapter or an allega-
28 tion of liability in accordance with section eleven hundred eleven-d of
29 this chapter shall be held before a hearing examiner in accordance with
30 rules and regulations promulgated by the bureau.
31 g. A record shall be made of a hearing on a plea of not guilty or a
32 hearing at which liability in accordance with section eleven hundred
33 eleven-d of this chapter is contested or of a hearing at which liability
34 in accordance with section eleven hundred seventy-four-a of this chapter
35 or a hearing at which liability in accordance with section eleven
36 hundred eleven-e of this chapter is contested. Recording devices may be
37 used for the making of the record.
38 § 6-e. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
39 cle and traffic law, as amended by section 6-e of chapter 222 of the
40 laws of 2015, are amended to read as follows:
41 a. Every hearing for the adjudication of a charge of parking violation
42 or an allegation of liability in accordance with section eleven hundred
43 eleven-e of this chapter or an allegation of liability in accordance
44 with section eleven hundred seventy-four-a of this chapter shall be held
45 before a hearing examiner in accordance with rules and regulations
46 promulgated by the bureau.
47 g. A record shall be made of a hearing on a plea of not guilty or a
48 hearing at which liability in accordance with section eleven hundred
49 eleven-e of this chapter is contested or a hearing at which liability in
50 accordance with section eleven hundred seventy-four-a of this chapter is
51 contested. Recording devices may be used for the making of the record.
52 § 6-f. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
53 cle and traffic law, as added by chapter 715 of the laws of 1972, are
54 amended to read as follows:
55 a. Every hearing for the adjudication of a charge of parking violation
56 or an allegation of liability in accordance with section eleven hundred
A. 4950--B 17
1 seventy-four-a of this chapter shall be held before a hearing examiner
2 in accordance with rules and regulations promulgated by the bureau.
3 g. A record shall be made of a hearing on a plea of not guilty or a
4 hearing at which liability in accordance with section eleven hundred
5 seventy-four-a of this chapter is contested. Recording devices may be
6 used for the making of the record.
7 § 7. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
8 law, as amended by section 7 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 section eleven hundred eleven-a of this
15 chapter or in accordance with sections eleven hundred eleven-b of this
16 chapter as added by sections sixteen of chapters twenty, [twenty-one,]
17 and twenty-two of the laws of two thousand nine or in accordance with
18 section eleven hundred eleven-d of this chapter or in accordance with
19 section eleven hundred eleven-e of this chapter or in accordance with
20 section eleven hundred seventy-four-a of this chapter or the record of
21 liabilities incurred in accordance with section two thousand nine
22 hundred eighty-five of the public authorities law or sections sixteen-a,
23 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
24 laws of nineteen hundred fifty of the person charged, or the record of
25 liabilities incurred in accordance with section eleven hundred eleven-c
26 of this chapter, or the record of liabilities incurred in accordance
27 with section eleven hundred eighty-b of this chapter, as applicable
28 prior to rendering a final determination. Final determinations sustain-
29 ing or dismissing charges shall be entered on a final determination roll
30 maintained by the bureau together with records showing payment and
31 nonpayment of penalties.
32 2. Where an operator or owner fails to enter a plea to a charge of a
33 parking violation or contest an allegation of liability in accordance
34 with section eleven hundred eleven-a of this chapter or in accordance
35 with sections eleven hundred eleven-b of this chapter as added by
36 sections sixteen of chapters twenty, [twenty-one,] and twenty-two of the
37 laws of two thousand nine or in accordance with section eleven hundred
38 eleven-d of this chapter or in accordance with section eleven hundred
39 eleven-e of this chapter or in accordance with section eleven hundred
40 seventy-four-a of this chapter or fails to contest an allegation of
41 liability in accordance with section two thousand nine hundred eighty-
42 five of the public authorities law or sections sixteen-a, sixteen-b and
43 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
44 hundred fifty, or fails to contest an allegation of liability in accord-
45 ance with section eleven hundred eleven-c of this chapter or fails to
46 contest an allegation of liability in accordance with section eleven
47 hundred eighty-b of this chapter or fails to appear on a designated
48 hearing date or subsequent adjourned date or fails after a hearing to
49 comply with the determination of a hearing examiner, as prescribed by
50 this article or by rule or regulation of the bureau, such failure to
51 plead or contest, appear or comply shall be deemed, for all purposes, an
52 admission of liability and shall be grounds for rendering and entering a
53 default judgment in an amount provided by the rules and regulations of
54 the bureau. However, after the expiration of the original date
55 prescribed for entering a plea and before a default judgment may be
56 rendered, in such case the bureau shall pursuant to the applicable
A. 4950--B 18
1 provisions of law notify such operator or owner, by such form of first
2 class mail as the commission may direct; (1) of the violation charged,
3 or liability in accordance with section eleven hundred eleven-a of this
4 chapter or in accordance with sections eleven hundred eleven-b of this
5 chapter as added by sections sixteen of chapters twenty, [twenty-one,]
6 and twenty-two of the laws of two thousand nine or in accordance with
7 section eleven hundred eleven-d of this chapter or in accordance with
8 section eleven hundred eleven-e of this chapter or in accordance with
9 section eleven hundred seventy-four-a of this chapter alleged or liabil-
10 ity in accordance with section two thousand nine hundred eighty-five of
11 the public authorities law or sections sixteen-a, sixteen-b and
12 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
13 hundred fifty alleged or liability in accordance with section eleven
14 hundred eleven-c of this chapter or liability in accordance with section
15 eleven hundred eighty-b of this chapter alleged, (2) of the impending
16 default judgment, (3) that such judgment will be entered in the Civil
17 Court of the city in which the bureau has been established, or other
18 court of civil jurisdiction or any other place provided for the entry of
19 civil judgments within the state of New York, and (4) that a default may
20 be avoided by entering a plea or contesting an allegation of liability
21 in accordance with section eleven hundred eleven-a of this chapter or in
22 accordance with sections eleven hundred eleven-b of this chapter as
23 added by sections sixteen of chapters twenty, [twenty-one,] and twenty-
24 two of the laws of two thousand nine or in accordance with section elev-
25 en hundred eleven-d of this chapter or in accordance with section eleven
26 hundred eleven-e of this chapter or in accordance with section eleven
27 hundred seventy-four-a of this chapter or contesting an allegation of
28 liability in accordance with section two thousand nine hundred eighty-
29 five of the public authorities law or sections sixteen-a, sixteen-b and
30 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
31 hundred fifty or contesting an allegation of liability in accordance
32 with section eleven hundred eleven-c of this chapter or contesting an
33 allegation of liability in accordance with section eleven hundred eight-
34 y-b of this chapter, as appropriate, or making an appearance within
35 thirty days of the sending of such notice. Pleas entered and allegations
36 contested within that period shall be in the manner prescribed in the
37 notice and not subject to additional penalty or fee. Such notice of
38 impending default judgment shall not be required prior to the rendering
39 and entry thereof in the case of operators or owners who are non-resi-
40 dents of the state of New York. In no case shall a default judgment be
41 rendered or, where required, a notice of impending default judgment be
42 sent, more than two years after the expiration of the time prescribed
43 for entering a plea or contesting an allegation. When a person has
44 demanded a hearing, no fine or penalty shall be imposed for any reason,
45 prior to the holding of the hearing. If the hearing examiner shall make
46 a determination on the charges, sustaining them, he or she shall impose
47 no greater penalty or fine than those upon which the person was
48 originally charged.
49 § 7-a. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
50 law, as amended by section 7-a of chapter 222 of the laws of 2015, are
51 amended to read as follows:
52 1. The hearing examiner shall make a determination on the charges,
53 either sustaining or dismissing them. Where the hearing examiner deter-
54 mines that the charges have been sustained he or she may examine either
55 the prior parking violations record or the record of liabilities
56 incurred in accordance with sections eleven hundred eleven-b of this
A. 4950--B 19
1 chapter as added by sections sixteen of chapters twenty, [twenty-one,]
2 and twenty-two of the laws of two thousand nine or in accordance with
3 section eleven hundred eleven-d of this chapter or in accordance with
4 section eleven hundred eleven-e of this chapter or in accordance with
5 section eleven hundred seventy-four-a of this chapter of the person
6 charged, or the record of liabilities incurred in accordance with
7 section eleven hundred eleven-c of this chapter, or the record of
8 liabilities incurred in accordance with section eleven hundred eighty-b
9 of this chapter, as applicable prior to rendering a final determination.
10 Final determinations sustaining or dismissing charges shall be entered
11 on a final determination roll maintained by the bureau together with
12 records showing payment and nonpayment of penalties.
13 2. Where an operator or owner fails to enter a plea to a charge of a
14 parking violation or contest an allegation of liability in accordance
15 with sections eleven hundred eleven-b of this chapter as added by
16 sections sixteen of chapters twenty, [twenty-one,] and twenty-two of the
17 laws of two thousand nine or in accordance with section eleven hundred
18 eleven-d of this chapter, or in accordance with section eleven hundred
19 eleven-e of this chapter, or in accordance with section eleven hundred
20 seventy-four-a of this chapter, or fails to contest an allegation of
21 liability in accordance with section eleven hundred eleven-c of this
22 chapter, or fails to contest an allegation of liability incurred in
23 accordance with section eleven hundred eighty-b of this chapter, or
24 fails to appear on a designated hearing date or subsequent adjourned
25 date or fails after a hearing to comply with the determination of a
26 hearing examiner, as prescribed by this article or by rule or regulation
27 of the bureau, such failure to plead, contest, appear or comply shall be
28 deemed, for all purposes, an admission of liability and shall be grounds
29 for rendering and entering a default judgment in an amount provided by
30 the rules and regulations of the bureau. However, after the expiration
31 of the original date prescribed for entering a plea and before a default
32 judgment may be rendered, in such case the bureau shall pursuant to the
33 applicable provisions of law notify such operator or owner, by such form
34 of first class mail as the commission may direct; (1) of the violation
35 charged, or liability 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 in
40 accordance with section eleven hundred seventy-four-a of this chapter,
41 or liability in accordance with section eleven hundred eleven-c of this
42 chapter or liability in accordance with section eleven hundred eighty-b
43 of this chapter alleged, (2) of the impending default judgment, (3) that
44 such judgment will be entered in the Civil Court of the city in which
45 the bureau has been established, or other court of civil jurisdiction or
46 any other place provided for the entry of civil judgments within the
47 state of New York, and (4) that a default may be avoided by entering a
48 plea or contesting an allegation of liability in accordance with
49 sections eleven hundred eleven-b of this chapter as added by sections
50 sixteen of chapters twenty, [twenty-one,] and twenty-two of the laws of
51 two thousand nine or in accordance with section eleven hundred eleven-d
52 of this chapter or in accordance with section eleven hundred eleven-e of
53 this chapter, or in accordance with section eleven hundred
54 seventy-four-a of this chapter, or contesting an allegation of liability
55 in accordance with section eleven hundred eleven-c of this chapter or
56 contesting an allegation of liability in accordance with section eleven
A. 4950--B 20
1 hundred eighty-b of this chapter as appropriate, or making an appearance
2 within thirty days of the sending of such notice. Pleas entered and
3 allegations contested within that period shall be in the manner
4 prescribed in the notice and not subject to additional penalty or fee.
5 Such notice of impending default judgment shall not be required prior to
6 the rendering and entry thereof in the case of operators or owners who
7 are non-residents of the state of New York. In no case shall a default
8 judgment be rendered or, where required, a notice of impending default
9 judgment be sent, more than two years after the expiration of the time
10 prescribed for entering a plea or contesting an allegation. When a
11 person has demanded a hearing, no fine or penalty shall be imposed for
12 any reason, prior to the holding of the hearing. If the hearing examiner
13 shall make a determination on the charges, sustaining them, he or she
14 shall impose no greater penalty or fine than those upon which the person
15 was originally charged.
16 § 7-b. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
17 law, as amended by section 7-b of chapter 222 of the laws of 2015, are
18 amended to read as follows:
19 1. The hearing examiner shall make a determination on the charges,
20 either sustaining or dismissing them. Where the hearing examiner deter-
21 mines that the charges have been sustained he or she may examine the
22 prior parking violations record or the record of liabilities incurred in
23 accordance with section eleven hundred eleven-e of this chapter of the
24 person charged, or the record of liabilities incurred in accordance with
25 section eleven hundred seventy-four-a of this chapter of the person
26 charged, or the record of liabilities incurred in accordance with
27 section eleven hundred eleven-d of this chapter of the person charged,
28 or the record of liabilities incurred in accordance with section eleven
29 hundred eleven-c of this chapter, or the record of liabilities incurred
30 in accordance with section eleven hundred eighty-b of this chapter, as
31 applicable, prior to rendering a final determination. Final determi-
32 nations sustaining or dismissing charges shall be entered on a final
33 determination roll maintained by the bureau together with records show-
34 ing payment and nonpayment of penalties.
35 2. Where an operator or owner fails to enter a plea to a charge of a
36 parking violation or contest an allegation of liability in accordance
37 with section eleven hundred seventy-four-a of this chapter, or contest
38 an allegation of liability in accordance with section eleven hundred
39 eleven-e of this chapter, or contest an allegation of liability in
40 accordance with section eleven hundred eleven-d of this chapter, or
41 fails to contest an allegation of liability in accordance with section
42 eleven hundred eleven-c of this chapter, or fails to contest an allega-
43 tion of liability incurred in accordance with section eleven hundred
44 eighty-b of this chapter, or fails to appear on a designated hearing
45 date or subsequent adjourned date or fails after a hearing to comply
46 with the determination of a hearing examiner, as prescribed by this
47 article or by rule or regulation of the bureau, such failure to plead,
48 appear or comply shall be deemed, for all purposes, an admission of
49 liability and shall be grounds for rendering and entering a default
50 judgment in an amount provided by the rules and regulations of the
51 bureau. However, after the expiration of the original date prescribed
52 for entering a plea and before a default judgment may be rendered, in
53 such case the bureau shall pursuant to the applicable provisions of law
54 notify such operator or owner, by such form of first class mail as the
55 commission may direct; (1) of the violation charged, or liability in
56 accordance with section eleven hundred seventy-four-a of this chapter,
A. 4950--B 21
1 or liability in accordance with section eleven hundred eleven-e of this
2 chapter, or liability in accordance with section eleven hundred eleven-d
3 of this chapter, or alleged liability in accordance with section eleven
4 hundred eleven-c of this chapter or alleged liability in accordance with
5 section eleven hundred eighty-b of this chapter, (2) of the impending
6 default judgment, (3) that such judgment will be entered in the Civil
7 Court of the city in which the bureau has been established, or other
8 court of civil jurisdiction or any other place provided for the entry of
9 civil judgments within the state of New York, and (4) that a default may
10 be avoided by entering a plea or contesting an allegation of liability
11 in accordance with section eleven hundred seventy-four-a of this chapter
12 or contesting an allegation of liability in accordance with section
13 eleven hundred eleven-e of this chapter or contesting an allegation of
14 liability in accordance with section eleven hundred eleven-d of this
15 chapter or contesting an allegation of liability in accordance with
16 section eleven hundred eleven-c of this chapter or contesting an allega-
17 tion of liability in accordance with section eleven hundred eighty-b of
18 this chapter or making an appearance within thirty days of the sending
19 of such notice. Pleas entered within that period shall be in the manner
20 prescribed in the notice and not subject to additional penalty or fee.
21 Such notice of impending default judgment shall not be required prior to
22 the rendering and entry thereof in the case of operators or owners who
23 are non-residents of the state of New York. In no case shall a default
24 judgment be rendered or, where required, a notice of impending default
25 judgment be sent, more than two years after the expiration of the time
26 prescribed for entering a plea. When a person has demanded a hearing,
27 no fine or penalty shall be imposed for any reason, prior to the holding
28 of the hearing. If the hearing examiner shall make a determination on
29 the charges, sustaining them, he or she shall impose no greater penalty
30 or fine than those upon which the person was originally charged.
31 § 7-c. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
32 law, as amended by section 7-c of chapter 222 of the laws of 2015, are
33 amended to read as follows:
34 1. The hearing examiner shall make a determination on the charges,
35 either sustaining or dismissing them. Where the hearing examiner deter-
36 mines that the charges have been sustained he or she may examine either
37 the prior parking violations record or the record of liabilities
38 incurred in accordance with section eleven hundred eleven-d of this
39 chapter of the person charged, or the record of liabilities incurred in
40 accordance with section eleven hundred seventy-four-a of this chapter of
41 the person charged, or the record of liabilities incurred in accordance
42 with section eleven hundred eleven-e of this chapter of the person
43 charged or the record of liabilities incurred in accordance with section
44 eleven hundred eighty-b of this chapter, as applicable, prior to render-
45 ing a final determination. Final determinations sustaining or dismissing
46 charges shall be entered on a final determination roll maintained by the
47 bureau together with records showing payment and nonpayment of penal-
48 ties.
49 2. Where an operator or owner fails to enter a plea to a charge of a
50 parking violation or contest an allegation of liability in accordance
51 with section eleven hundred seventy-four-a of this chapter, or contest
52 an allegation of liability in accordance with section eleven hundred
53 eleven-e of this chapter or contest an allegation of liability in
54 accordance with section eleven hundred eleven-d of this chapter or fails
55 to contest an allegation of liability incurred in accordance with
56 section eleven hundred eighty-b of this chapter or fails to appear on a
A. 4950--B 22
1 designated hearing date or subsequent adjourned date or fails after a
2 hearing to comply with the determination of a hearing examiner, as
3 prescribed by this article or by rule or regulation of the bureau, such
4 failure to plead, appear or comply shall be deemed, for all purposes, an
5 admission of liability and shall be grounds for rendering and entering a
6 default judgment in an amount provided by the rules and regulations of
7 the bureau. However, after the expiration of the original date
8 prescribed for entering a plea and before a default judgment may be
9 rendered, in such case the bureau shall pursuant to the applicable
10 provisions of law notify such operator or owner, by such form of first
11 class mail as the commission may direct; (1) of the violation charged or
12 liability in accordance with section eleven hundred seventy-four-a of
13 this chapter or liability in accordance with section eleven hundred
14 eleven-e of this chapter or liability in accordance with section eleven
15 hundred eleven-d of this chapter or liability in accordance with section
16 eleven hundred eighty-b of this chapter alleged, (2) of the impending
17 default judgment, (3) that such judgment will be entered in the Civil
18 Court of the city in which the bureau has been established, or other
19 court of civil jurisdiction or any other place provided for the entry of
20 civil judgments within the state of New York, and (4) that a default may
21 be avoided by entering a plea or contesting an allegation of liability
22 in accordance with section eleven hundred seventy-four-a of this chapter
23 or contesting an allegation of liability in accordance with section
24 eleven hundred eleven-e of this chapter or contesting an allegation of
25 liability in accordance with section eleven hundred eleven-d of this
26 chapter or contesting an allegation of liability in accordance with
27 section eleven hundred eighty-b of this chapter or making an appearance
28 within thirty days of the sending of such notice. Pleas entered within
29 that period shall be in the manner prescribed in the notice and not
30 subject to additional penalty or fee. Such notice of impending default
31 judgment shall not be required prior to the rendering and entry thereof
32 in the case of operators or owners who are non-residents of the state of
33 New York. In no case shall a default judgment be rendered or, where
34 required, a notice of impending default judgment be sent, more than two
35 years after the expiration of the time prescribed for entering a plea.
36 When a person has demanded a hearing, no fine or penalty shall be
37 imposed for any reason, prior to the holding of the hearing. If the
38 hearing examiner shall make a determination on the charges, sustaining
39 them, he shall impose no greater penalty or fine than those upon which
40 the person was originally charged.
41 § 7-d. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
42 law, as amended by section 7-d of chapter 222 of the laws of 2015, are
43 amended to read as follows:
44 1. The hearing examiner shall make a determination on the charges,
45 either sustaining or dismissing them. Where the hearing examiner deter-
46 mines that the charges have been sustained he or she may examine either
47 the prior parking violations record or the record of liabilities
48 incurred in accordance with section eleven hundred seventy-four-a of
49 this chapter of the person charged or the record of liabilities incurred
50 in accordance with section eleven hundred eleven-e of this chapter of
51 the person charged or the record of liabilities incurred in accordance
52 with section eleven hundred eleven-d of this chapter of the person
53 charged, as applicable, prior to rendering a final determination. Final
54 determinations sustaining or dismissing charges shall be entered on a
55 final determination roll maintained by the bureau together with records
56 showing payment and nonpayment of penalties.
A. 4950--B 23
1 2. Where an operator or owner fails to enter a plea to a charge of a
2 parking violation or contest an allegation of liability in accordance
3 with section eleven hundred seventy-four-a of this chapter, or contest
4 an allegation of liability in accordance with section eleven hundred
5 eleven-e of this chapter or contest an allegation of liability in
6 accordance with section eleven hundred eleven-d of this chapter or fails
7 to appear on a designated hearing date or subsequent adjourned date or
8 fails after a hearing to comply with the determination of a hearing
9 examiner, as prescribed by this article or by rule or regulation of the
10 bureau, such failure to plead, appear or comply shall be deemed, for all
11 purposes, an admission of liability and shall be grounds for rendering
12 and entering a default judgment in an amount provided by the rules and
13 regulations of the bureau. However, after the expiration of the original
14 date prescribed for entering a plea and before a default judgment may be
15 rendered, in such case the bureau shall pursuant to the applicable
16 provisions of law notify such operator or owner, by such form of first
17 class mail as the commission may direct; (1) of the violation charged or
18 liability in accordance with section eleven hundred seventy-four-a of
19 this chapter or liability in accordance with section eleven hundred
20 eleven-e of this chapter alleged or liability in accordance with section
21 eleven hundred eleven-d of this chapter alleged, (2) of the impending
22 default judgment, (3) that such judgment will be entered in the Civil
23 Court of the city in which the bureau has been established, or other
24 court of civil jurisdiction or any other place provided for the entry of
25 civil judgments within the state of New York, and (4) that a default may
26 be avoided by entering a plea or contesting an allegation of liability
27 in accordance with section eleven hundred seventy-four-a of this chapter
28 or contesting an allegation of liability in accordance with section
29 eleven hundred eleven-e of this chapter or contesting an allegation of
30 liability in accordance with section eleven hundred eleven-d of this
31 chapter or making an appearance within thirty days of the sending of
32 such notice. Pleas entered within that period shall be in the manner
33 prescribed in the notice and not subject to additional penalty or fee.
34 Such notice of impending default judgment shall not be required prior to
35 the rendering and entry thereof in the case of operators or owners who
36 are non-residents of the state of New York. In no case shall a default
37 judgment be rendered or, where required, a notice of impending default
38 judgment be sent, more than two years after the expiration of the time
39 prescribed for entering a plea. When a person has demanded a hearing, no
40 fine or penalty shall be imposed for any reason, prior to the holding of
41 the hearing. If the hearing examiner shall make a determination on the
42 charges, sustaining them, he shall impose no greater penalty or fine
43 than those upon which the person was originally charged.
44 § 7-e. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
45 law, as amended by section 7-e of chapter 222 of the laws of 2015, are
46 amended to read as follows:
47 1. The hearing examiner shall make a determination on the charges,
48 either sustaining or dismissing them. Where the hearing examiner deter-
49 mines that the charges have been sustained he or she may examine the
50 prior parking violations record or the record of liabilities incurred in
51 accordance with section eleven hundred eleven-e of this chapter of the
52 person charged, as applicable, prior to rendering a final determination
53 or the record of liabilities incurred in accordance with section eleven
54 hundred seventy-four-a of this chapter of the person charged, as appli-
55 cable, prior to rendering a final determination. Final determinations
56 sustaining or dismissing charges shall be entered on a final determi-
A. 4950--B 24
1 nation roll maintained by the bureau together with records showing
2 payment and nonpayment of penalties.
3 2. Where an operator or owner fails to enter a plea to a charge of a
4 parking violation or contest an allegation of liability in accordance
5 with section eleven hundred seventy-four-a of this chapter, or contest
6 an allegation of liability in accordance with section eleven hundred
7 eleven-e of this chapter or fails to appear on a designated hearing date
8 or subsequent adjourned date or fails after a hearing to comply with the
9 determination of a hearing examiner, as prescribed by this article or by
10 rule or regulation of the bureau, such failure to plead, appear or
11 comply shall be deemed, for all purposes, an admission of liability and
12 shall be grounds for rendering and entering a default judgment in an
13 amount provided by the rules and regulations of the bureau. However,
14 after the expiration of the original date prescribed for entering a plea
15 and before a default judgment may be rendered, in such case the bureau
16 shall pursuant to the applicable provisions of law notify such operator
17 or owner, by such form of first class mail as the commission may direct;
18 (1) of the violation charged or liability in accordance with section
19 eleven hundred eleven-e of this chapter alleged or liability in accord-
20 ance with section eleven hundred seventy-four-a of this chapter, (2) of
21 the impending default judgment, (3) that such judgment will be entered
22 in the Civil Court of the city in which the bureau has been established,
23 or other court of civil jurisdiction or any other place provided for the
24 entry of civil judgments within the state of New York, and (4) that a
25 default may be avoided by entering a plea or contesting an allegation of
26 liability in accordance with section eleven hundred eleven-e of this
27 chapter or contesting an allegation of liability in accordance with
28 section eleven hundred seventy-four-a of this chapter or making an
29 appearance within thirty days of the sending of such notice. Pleas
30 entered within that period shall be in the manner prescribed in the
31 notice and not subject to additional penalty or fee. Such notice of
32 impending default judgment shall not be required prior to the rendering
33 and entry thereof in the case of operators or owners who are non-resi-
34 dents of the state of New York. In no case shall a default judgment be
35 rendered or, where required, a notice of impending default judgment be
36 sent, more than two years after the expiration of the time prescribed
37 for entering a plea. When a person has demanded a hearing, no fine or
38 penalty shall be imposed for any reason, prior to the holding of the
39 hearing. If the hearing examiner shall make a determination on the
40 charges, sustaining them, he shall impose no greater penalty or fine
41 than those upon which the person was originally charged.
42 § 7-f. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
43 law, subdivision 1 as added by chapter 715 of the laws of 1972 and
44 subdivision 2 as amended by chapter 365 of the laws of 1978, are amended
45 to read as follows:
46 1. The hearing examiner shall make a determination on the charges,
47 either sustaining or dismissing them. Where the hearing examiner deter-
48 mines that the charges have been sustained he or she may examine the
49 prior parking violations record or the record of liabilities incurred in
50 accordance with section eleven hundred seventy-four-a of this chapter of
51 the person charged, as applicable, prior to rendering a final determi-
52 nation. Final determinations sustaining or dismissing charges shall be
53 entered on a final determination roll maintained by the bureau together
54 with records showing payment and nonpayment of penalties.
55 2. Where an operator or owner fails to enter a plea to a charge of a
56 parking violation or contest an allegation of liability in accordance
A. 4950--B 25
1 with section eleven hundred seventy-four-a of this chapter, or fails to
2 appear on a designated hearing date or subsequent adjourned date or
3 fails after a hearing to comply with the determination of a hearing
4 examiner, as prescribed by this article or by rule or regulation of the
5 bureau, such failure to plead, appear or comply shall be deemed, for all
6 purposes, an admission of liability and shall be grounds for rendering
7 and entering a default judgment in an amount provided by the rules and
8 regulations of the bureau. However, after the expiration of the original
9 date prescribed for entering a plea and before a default judgment may be
10 rendered, in such case the bureau shall pursuant to the applicable
11 provisions of law notify such operator or owner, by such form of first
12 class mail as the commission may direct; (1) of the violation charged,
13 (2) of the impending default judgment, (3) that such judgment will be
14 entered in the Civil Court of the city in which the bureau has been
15 established, or other court of civil jurisdiction or any other place
16 provided for the entry of civil judgments within the state of New York,
17 and (4) that a default may be avoided by entering a plea or making an
18 appearance within thirty days of the sending of such notice. Pleas
19 entered within that period shall be in the manner prescribed in the
20 notice and not subject to additional penalty or fee. Such notice of
21 impending default judgment shall not be required prior to the rendering
22 and entry thereof in the case of operators or owners who are non-resi-
23 dents of the state of New York. In no case shall a default judgment be
24 rendered or, where required, a notice of impending default judgment be
25 sent, more than two years after the expiration of the time prescribed
26 for entering a plea. When a person has demanded a hearing, no fine or
27 penalty shall be imposed for any reason, prior to the holding of the
28 hearing. If the hearing examiner shall make a determination on the
29 charges, sustaining them, he shall impose no greater penalty or fine
30 than those upon which the person was originally charged.
31 § 8. Subparagraph (i) of paragraph a of subdivision 5-a of section 401
32 of the vehicle and traffic law, as amended by section 8 of chapter 222
33 of the laws of 2015, is amended to read as follows:
34 (i) If at the time of application for a registration or renewal there-
35 of there is a certification from a court, parking violations bureau,
36 traffic and parking violations agency or administrative tribunal of
37 appropriate jurisdiction that the registrant or his or her represen-
38 tative failed to appear on the return date or any subsequent adjourned
39 date or failed to comply with the rules and regulations of an adminis-
40 trative tribunal following entry of a final decision in response to a
41 total of three or more summonses or other process in the aggregate,
42 issued within an eighteen month period, charging either that: (i) such
43 motor vehicle was parked, stopped or standing, or that such motor vehi-
44 cle was operated for hire by the registrant or his or her agent without
45 being licensed as a motor vehicle for hire by the appropriate local
46 authority, in violation of any of the provisions of this chapter or of
47 any law, ordinance, rule or regulation made by a local authority; or
48 (ii) the registrant was liable in accordance with section eleven hundred
49 eleven-a, section eleven hundred eleven-b or section eleven hundred
50 eleven-d of this chapter for a violation of subdivision (d) of section
51 eleven hundred eleven of this chapter; or (iii) the registrant was
52 liable in accordance with section eleven hundred eleven-c of this chap-
53 ter for a violation of a bus lane restriction as defined in such
54 section, or (iv) the registrant was liable in accordance with section
55 eleven hundred eighty-b of this chapter for a violation of subdivision
56 (c) or (d) of section eleven hundred eighty of this chapter, or (v) the
A. 4950--B 26
1 registrant was liable in accordance with section eleven hundred eighty-c
2 of this chapter for a violation of subdivision (c) or (d) of section
3 eleven hundred eighty of this chapter; or (vi) the registrant was liable
4 in accordance with section eleven hundred eleven-e of this chapter for a
5 violation of subdivision (d) of section eleven hundred eleven of this
6 chapter; or (vii) the registrant was liable in accordance with section
7 eleven hundred seventy-four-a of this chapter for a violation of section
8 eleven hundred seventy-four of this chapter, the commissioner or his or
9 her agent shall deny the registration or renewal application until the
10 applicant provides proof from the court, traffic and parking violations
11 agency or administrative tribunal wherein the charges are pending that
12 an appearance or answer has been made or in the case of an administra-
13 tive tribunal that he or she has complied with the rules and regulations
14 of said tribunal following entry of a final decision. Where an applica-
15 tion is denied pursuant to this section, the commissioner may, in his or
16 her discretion, deny a registration or renewal application to any other
17 person for the same vehicle and may deny a registration or renewal
18 application for any other motor vehicle registered in the name of the
19 applicant where the commissioner has determined that such registrant's
20 intent has been to evade the purposes of this subdivision and where the
21 commissioner has reasonable grounds to believe that such registration or
22 renewal will have the effect of defeating the purposes of this subdivi-
23 sion. Such denial shall only remain in effect as long as the summonses
24 remain unanswered, or in the case of an administrative tribunal, the
25 registrant fails to comply with the rules and regulations following
26 entry of a final decision.
27 § 8-a. Paragraph a of subdivision 5-a of section 401 of the vehicle
28 and traffic law, as amended by section 8-a of chapter 222 of the laws of
29 2015, is amended to read as follows:
30 a. If at the time of application for a registration or renewal thereof
31 there is a certification from a court or administrative tribunal of
32 appropriate jurisdiction that the registrant or his or her represen-
33 tative failed to appear on the return date or any subsequent adjourned
34 date or failed to comply with the rules and regulations of an adminis-
35 trative tribunal following entry of a final decision in response to a
36 total of three or more summonses or other process in the aggregate,
37 issued within an eighteen month period, charging either that: (i) such
38 motor vehicle was parked, stopped or standing, or that such motor vehi-
39 cle was operated for hire by the registrant or his or her agent without
40 being licensed as a motor vehicle for hire by the appropriate local
41 authority, in violation of any of the provisions of this chapter or of
42 any law, ordinance, rule or regulation made by a local authority; or
43 (ii) the registrant was liable in accordance with section eleven hundred
44 eleven-b of this chapter for a violation of subdivision (d) of section
45 eleven hundred eleven of this chapter; or (iii) the registrant was
46 liable in accordance with section eleven hundred eleven-c of this chap-
47 ter for a violation of a bus lane restriction as defined in such
48 section; or (iv) the registrant was liable in accordance with section
49 eleven hundred eleven-d of this chapter for a violation of subdivision
50 (d) of section eleven hundred eleven of this chapter or (v) the regis-
51 trant was liable in accordance with section eleven hundred eighty-b of
52 this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of
53 section eleven hundred eighty of this chapter; or (v) the registrant was
54 liable in accordance with section eleven hundred eighty-c of this chap-
55 ter for a violation of subdivision (b), (c), (d), (f) or (g) of section
56 eleven hundred eighty of this chapter; or (vi) the registrant was liable
A. 4950--B 27
1 in accordance with section eleven hundred eleven-e of this chapter for a
2 violation of subdivision (d) of section eleven hundred eleven of this
3 chapter; or (vii) the registrant was liable in accordance with section
4 eleven hundred seventy-four-a of this chapter for a violation of section
5 eleven hundred seventy-four of this chapter, the commissioner or his or
6 her agent shall deny the registration or renewal application until the
7 applicant provides proof from the court or administrative tribunal wher-
8 ein the charges are pending that an appearance or answer has been made
9 or in the case of an administrative tribunal that he or she has complied
10 with the rules and regulations of said tribunal following entry of a
11 final decision. Where an application is denied pursuant to this section,
12 the commissioner may, in his or her discretion, deny a registration or
13 renewal application to any other person for the same vehicle and may
14 deny a registration or renewal application for any other motor vehicle
15 registered in the name of the applicant where the commissioner has
16 determined that such registrant's intent has been to evade the purposes
17 of this subdivision and where the commissioner has reasonable grounds to
18 believe that such registration or renewal will have the effect of
19 defeating the purposes of this subdivision. Such denial shall only
20 remain in effect as long as the summonses remain unanswered, or in the
21 case of an administrative tribunal, the registrant fails to comply with
22 the rules and regulations following entry of a final decision.
23 § 8-b. Paragraph a of subdivision 5-a of section 401 of the vehicle
24 and traffic law, as amended by section 8-b of chapter 222 of the laws of
25 2015, is amended to read as follows:
26 a. If at the time of application for a registration or renewal thereof
27 there is a certification from a court or administrative tribunal of
28 appropriate jurisdiction that the registrant or his or her represen-
29 tative failed to appear on the return date or any subsequent adjourned
30 date or failed to comply with the rules and regulations of an adminis-
31 trative tribunal following entry of a final decision in response to
32 three or more summonses or other process, issued within an eighteen
33 month period, charging that: (i) such motor vehicle was parked, stopped
34 or standing, or that such motor vehicle was operated for hire by the
35 registrant or his or her agent without being licensed as a motor vehicle
36 for hire by the appropriate local authority, in violation of any of the
37 provisions of this chapter or of any law, ordinance, rule or regulation
38 made by a local authority; or (ii) the registrant was liable in accord-
39 ance with section eleven hundred eleven-c of this chapter for a
40 violation of a bus lane restriction as defined in such section; or (iii)
41 the registrant was liable in accordance with section eleven hundred
42 eleven-d of this chapter for a violation of subdivision (d) of section
43 eleven hundred eleven of this chapter; or (iv) the registrant was liable
44 in accordance with section eleven hundred eighty-b of this chapter for a
45 violation of subdivision (b), (c), (d), (f) or (g) of section eleven
46 hundred eighty of this chapter, or the registrant was liable in accord-
47 ance with section eleven hundred eighty-c of this chapter for a
48 violation of subdivision (b), (c), (d), (f) or (g) of section eleven
49 hundred eighty of this chapter; or (v) the registrant was liable in
50 accordance with section eleven hundred eleven-e of this chapter for a
51 violation of subdivision (d) of section eleven hundred eleven of this
52 chapter; or (vii) the registrant was liable in accordance with section
53 eleven hundred seventy-four-a of this chapter for a violation of section
54 eleven hundred seventy-four of this chapter, the commissioner or his or
55 her agent shall deny the registration or renewal application until the
56 applicant provides proof from the court or administrative tribunal wher-
A. 4950--B 28
1 ein the charges are pending that an appearance or answer has been made
2 or in the case of an administrative tribunal that he or she has complied
3 with the rules and regulations of said tribunal following entry of a
4 final decision. Where an application is denied pursuant to this section,
5 the commissioner may, in his or her discretion, deny a registration or
6 renewal application to any other person for the same vehicle and may
7 deny a registration or renewal application for any other motor vehicle
8 registered in the name of the applicant where the commissioner has
9 determined that such registrant's intent has been to evade the purposes
10 of this subdivision and where the commissioner has reasonable grounds to
11 believe that such registration or renewal will have the effect of
12 defeating the purposes of this subdivision. Such denial shall only
13 remain in effect as long as the summonses remain unanswered, or in the
14 case of an administrative tribunal, the registrant fails to comply with
15 the rules and regulations following entry of a final decision.
16 § 8-c. Paragraph a of subdivision 5-a of section 401 of the vehicle
17 and traffic law, as amended by section 8-c of chapter 222 of the laws of
18 2015, is amended to read as follows:
19 a. If at the time of application for a registration or renewal thereof
20 there is a certification from a court or administrative tribunal of
21 appropriate jurisdiction that the registrant or his or her represen-
22 tative failed to appear on the return date or any subsequent adjourned
23 date or failed to comply with the rules and regulations of an adminis-
24 trative tribunal following entry of a final decision in response to
25 three or more summonses or other process, issued within an eighteen
26 month period, charging that: (i) such motor vehicle was parked, stopped
27 or standing, or that such motor vehicle was operated for hire by the
28 registrant or his or her agent without being licensed as a motor vehicle
29 for hire by the appropriate local authority, in violation of any of the
30 provisions of this chapter or of any law, ordinance, rule or regulation
31 made by a local authority; or (ii) the registrant was liable in accord-
32 ance with section eleven hundred eleven-d of this chapter for a
33 violation of subdivision (d) of section eleven hundred eleven of this
34 chapter; or (iii) the registrant was liable in accordance with section
35 eleven hundred eighty-b of this chapter for violations of subdivision
36 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
37 ter, or the registrant was liable in accordance with section eleven
38 hundred eighty-c of this chapter for violations of subdivision (b), (c),
39 (d), (f) or (g) of section eleven hundred eighty of this chapter; or
40 (iv) the registrant was liable in accordance with section eleven hundred
41 eleven-e of this chapter for a violation of subdivision (d) of section
42 eleven hundred eleven of this chapter; or (v) the registrant was liable
43 in accordance with section eleven hundred seventy-four-a of this chapter
44 for a violation of section eleven hundred seventy-four of this chapter,
45 the commissioner or his or her agent shall deny the registration or
46 renewal application until the applicant provides proof from the court or
47 administrative tribunal wherein the charges are pending that an appear-
48 ance or answer has been made or in the case of an administrative tribu-
49 nal that he or she has complied with the rules and regulations of said
50 tribunal following entry of a final decision. Where an application is
51 denied pursuant to this section, the commissioner may, in his or her
52 discretion, deny a registration or renewal application to any other
53 person for the same vehicle and may deny a registration or renewal
54 application for any other motor vehicle registered in the name of the
55 applicant where the commissioner has determined that such registrant's
56 intent has been to evade the purposes of this subdivision and where the
A. 4950--B 29
1 commissioner has reasonable grounds to believe that such registration or
2 renewal will have the effect of defeating the purposes of this subdivi-
3 sion. Such denial shall only remain in effect as long as the summonses
4 remain unanswered, or in the case of an administrative tribunal, the
5 registrant fails to comply with the rules and regulations following
6 entry of a final decision.
7 § 8-d. Paragraph a of subdivision 5-a of section 401 of the vehicle
8 and traffic law, as amended by section 8-d of chapter 222 of the laws of
9 2015, is amended to read as follows:
10 a. If at the time of application for a registration or renewal thereof
11 there is a certification from a court or administrative tribunal of
12 appropriate jurisdiction that the registrant or his or her represen-
13 tative failed to appear on the return date or any subsequent adjourned
14 date or failed to comply with the rules and regulations of an adminis-
15 trative tribunal following entry of a final decision in response to
16 three or more summonses or other process, issued within an eighteen
17 month period, charging that such motor vehicle was parked, stopped or
18 standing, or that such motor vehicle was operated for hire by the regis-
19 trant or his agent without being licensed as a motor vehicle for hire by
20 the appropriate local authority, in violation of any of the provisions
21 of this chapter or of any law, ordinance, rule or regulation made by a
22 local authority, or the registrant was liable in accordance with section
23 eleven hundred eighty-c of this chapter for violations of subdivision
24 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
25 ter, or the registrant was liable in accordance with section eleven
26 hundred eleven-d of this chapter for a violation of subdivision (d) of
27 section eleven hundred eleven of this chapter, or the registrant was
28 liable in accordance with section eleven hundred eleven-e of this chap-
29 ter for a violation of subdivision (d) of section eleven hundred eleven
30 of this chapter, or the registrant was liable in accordance with section
31 eleven hundred seventy-four-a of this chapter for a violation of section
32 eleven hundred seventy-four of this chapter, the commissioner or his or
33 her agent shall deny the registration or renewal application until the
34 applicant provides proof from the court or administrative tribunal wher-
35 ein the charges are pending that an appearance or answer has been made
36 or in the case of an administrative tribunal that he or she has complied
37 with the rules and regulations of said tribunal following entry of a
38 final decision. Where an application is denied pursuant to this section,
39 the commissioner may, in his or her discretion, deny a registration or
40 renewal application to any other person for the same vehicle and may
41 deny a registration or renewal application for any other motor vehicle
42 registered in the name of the applicant where the commissioner has
43 determined that such registrant's intent has been to evade the purposes
44 of this subdivision and where the commissioner has reasonable grounds to
45 believe that such registration or renewal will have the effect of
46 defeating the purposes of this subdivision. Such denial shall only
47 remain in effect as long as the summonses remain unanswered, or in the
48 case of an administrative tribunal, the registrant fails to comply with
49 the rules and regulations following entry of a final decision.
50 § 8-e. Paragraph a of subdivision 5-a of section 401 of the vehicle
51 and traffic law, as amended by section 8-e of chapter 222 of the laws of
52 2015, is amended to read as follows:
53 a. If at the time of application for a registration or renewal thereof
54 there is a certification from a court or administrative tribunal of
55 appropriate jurisdiction that the registrant or his or her represen-
56 tative failed to appear on the return date or any subsequent adjourned
A. 4950--B 30
1 date or failed to comply with the rules and regulations of an adminis-
2 trative tribunal following entry of a final decision in response to
3 three or more summonses or other process, issued within an eighteen
4 month period, charging that such motor vehicle was parked, stopped or
5 standing, or that such motor vehicle was operated for hire by the regis-
6 trant or his or her agent without being licensed as a motor vehicle for
7 hire by the appropriate local authority, in violation of any of the
8 provisions of this chapter or of any law, ordinance, rule or regulation
9 made by a local authority, or the registrant was liable in accordance
10 with section eleven hundred eleven-d of this chapter for a violation of
11 subdivision (d) of section eleven hundred eleven of this chapter, or the
12 registrant was liable in accordance with section eleven hundred eleven-e
13 of this chapter for a violation of subdivision (d) of section eleven
14 hundred eleven of this chapter, or the registrant was liable in accord-
15 ance with section eleven hundred seventy-four-a of this chapter for a
16 violation of section eleven hundred seventy-four of this chapter, the
17 commissioner or his or her agent shall deny the registration or renewal
18 application until the applicant provides proof from the court or admin-
19 istrative tribunal wherein the charges are pending that an appearance or
20 answer has been made or in the case of an administrative tribunal that
21 he has complied with the rules and regulations of said tribunal follow-
22 ing entry of a final decision. Where an application is denied pursuant
23 to this section, the commissioner may, in his or her discretion, deny a
24 registration or renewal application to any other person for the same
25 vehicle and may deny a registration or renewal application for any other
26 motor vehicle registered in the name of the applicant where the commis-
27 sioner has determined that such registrant's intent has been to evade
28 the purposes of this subdivision and where the commissioner has reason-
29 able grounds to believe that such registration or renewal will have the
30 effect of defeating the purposes of this subdivision. Such denial shall
31 only remain in effect as long as the summonses remain unanswered, or in
32 the case of an administrative tribunal, the registrant fails to comply
33 with the rules and regulations following entry of a final decision.
34 § 8-f. Paragraph a of subdivision 5-a of section 401 of the vehicle
35 and traffic law, as amended by section 8-f of chapter 222 of the laws of
36 2015, is amended to read as follows:
37 a. If at the time of application for a registration or renewal thereof
38 there is a certification from a court or administrative tribunal of
39 appropriate jurisdiction that the registrant or his or her represen-
40 tative failed to appear on the return date or any subsequent adjourned
41 date or failed to comply with the rules and regulations of an adminis-
42 trative tribunal following entry of a final decision in response to
43 three or more summonses or other process, issued within an eighteen
44 month period, charging that such motor vehicle was parked, stopped or
45 standing, or that such motor vehicle was operated for hire by the regis-
46 trant or his or her agent without being licensed as a motor vehicle for
47 hire by the appropriate local authority, in violation of any of the
48 provisions of this chapter or of any law, ordinance, rule or regulation
49 made by a local authority, or the registrant was liable in accordance
50 with section eleven hundred eleven-e of this chapter for a violation of
51 subdivision (d) of section eleven hundred eleven of this chapter, or the
52 registrant was liable in accordance with section eleven hundred seven-
53 ty-four-a of this chapter for a violation of section eleven hundred
54 seventy-four of this chapter, the commissioner or his or her agent shall
55 deny the registration or renewal application until the applicant
56 provides proof from the court or administrative tribunal wherein the
A. 4950--B 31
1 charges are pending that an appearance or answer has been made or in the
2 case of an administrative tribunal that he has complied with the rules
3 and regulations of said tribunal following entry of a final decision.
4 Where an application is denied pursuant to this section, the commission-
5 er may, in his or her discretion, deny a registration or renewal appli-
6 cation to any other person for the same vehicle and may deny a registra-
7 tion or renewal application for any other motor vehicle registered in
8 the name of the applicant where the commissioner has determined that
9 such registrant's intent has been to evade the purposes of this subdivi-
10 sion and where the commissioner has reasonable grounds to believe that
11 such registration or renewal will have the effect of defeating the
12 purposes of this subdivision. Such denial shall only remain in effect as
13 long as the summonses remain unanswered, or in the case of an adminis-
14 trative tribunal, the registrant fails to comply with the rules and
15 regulations following entry of a final decision.
16 § 8-g. Paragraph a of subdivision 5-a of section 401 of the vehicle
17 and traffic law, as separately amended by chapters 339 and 592 of the
18 laws of 1987, is amended to read as follows:
19 a. If at the time of application for a registration or renewal thereof
20 there is a certification from a court or administrative tribunal of
21 appropriate jurisdiction that the registrant or his representative
22 failed to appear on the return date or any subsequent adjourned date or
23 failed to comply with the rules and regulations of an administrative
24 tribunal following entry of a final decision in response to three or
25 more summonses or other process, issued within an eighteen month period,
26 charging that such motor vehicle was parked, stopped or standing, or
27 that such motor vehicle was operated for hire by the registrant or his
28 agent without being licensed as a motor vehicle for hire by the appro-
29 priate local authority, in violation of any of the provisions of this
30 chapter or of any law, ordinance, rule or regulation made by a local
31 authority, or the registrant was liable in accordance with section elev-
32 en hundred seventy-four-a of this chapter for a violation of section
33 eleven hundred seventy-four of this chapter, the commissioner or his
34 agent shall deny the registration or renewal application until the
35 applicant provides proof from the court or administrative tribunal wher-
36 ein the charges are pending that an appearance or answer has been made
37 or in the case of an administrative tribunal that he or she has complied
38 with the rules and regulations of said tribunal following entry of a
39 final decision. Where an application is denied pursuant to this section,
40 the commissioner may, in his discretion, deny a registration or renewal
41 application to any other person for the same vehicle and may deny a
42 registration or renewal application for any other motor vehicle regis-
43 tered in the name of the applicant where the commissioner has determined
44 that such registrant's intent has been to evade the purposes of this
45 subdivision and where the commissioner has reasonable grounds to believe
46 that such registration or renewal will have the effect of defeating the
47 purposes of this subdivision. Such denial shall only remain in effect as
48 long as the summonses remain unanswered, or in the case of an adminis-
49 trative tribunal, the registrant fails to comply with the rules and
50 regulations following entry of a final decision.
51 § 9. The vehicle and traffic law is amended by adding a new section
52 1174-a to read as follows:
53 § 1174-a. Owner liability for failure of operator to stop for a school
54 bus displaying a red visual signal and stop-arm. (a) 1. Notwithstanding
55 any other provision of law, a county, city, town or village located
56 within a school district ("district") is hereby authorized and empowered
A. 4950--B 32
1 to adopt and amend a local law or ordinance establishing a demonstration
2 program imposing monetary liability on the owner of a vehicle for fail-
3 ure of an operator thereof to comply with section eleven hundred seven-
4 ty-four of this chapter when meeting a school bus marked and equipped as
5 provided in subdivisions twenty and twenty-one-c of section three
6 hundred seventy-five of this chapter and operated in such county, city,
7 town or village, in accordance with the provisions of this section. Such
8 demonstration program shall empower such county, city, town or village
9 to install and operate school bus photo violation monitoring systems
10 which may be stationary or mobile, and which may be installed, pursuant
11 to an agreement with a school district within such county, city, town or
12 village, on school buses owned and operated by such school district or
13 privately owned and operated for compensation under contract with such
14 district. Provided, however, that (a) no stationary school bus photo
15 violation monitoring system shall be installed or operated by a county,
16 city, town or village except on roadways under the jurisdiction of such
17 county, city, town or village, and (b) no mobile school bus photo
18 violation monitoring system shall be installed or operated on any such
19 school buses unless such county, city, town or village and such district
20 enter into an agreement for such installation and operation.
21 1-a. Any county, city, town or village, located within a school
22 district, that has adopted a local law or ordinance pursuant to this
23 section establishing a demonstration program imposing liability on the
24 owner of a vehicle for failure of an operator thereof to comply with
25 section eleven hundred seventy-four of this chapter when meeting a
26 school bus marked and equipped as provided in subdivisions twenty and
27 twenty-one-c of section three hundred seventy-five of this chapter and
28 operated in such county, city, town or village may enter into an agree-
29 ment with the applicable school district for the installation, mainte-
30 nance and use of school bus photo violation monitoring systems on school
31 buses pursuant to this section and section twenty-two of the chapter of
32 the laws of two thousand nineteen which added this section, for the
33 proper handling and custody of photographs, microphotographs, vide-
34 otapes, other recorded images and data produced by such systems, and for
35 the forwarding of such photographs, microphotographs, videotapes, other
36 recorded images and data to the applicable county, city, town or
37 village. Any agreement entered into hereunder shall be approved by each
38 participating county, city, town or village by a majority vote of the
39 voting strength of its governing body and by resolution of the district
40 pursuant to section sixteen hundred four, section seventeen hundred
41 nine, section twenty-five hundred three, section twenty-five hundred
42 fifty-four or section twenty-five hundred ninety-h of the education law,
43 as applicable. Provided, however, that where a district has entered an
44 agreement as provided hereunder with a county, no cities, towns or
45 villages within the same county may enter into, or be a party to, any
46 agreement with such district pursuant to this section. Provided further,
47 however, that no county shall enter an agreement with any city school
48 district wholly contained within a city. Nothing in this section shall
49 be construed to prevent a county, city, town, village or district at any
50 time to withdraw from or terminate an agreement entered pursuant to this
51 section and section twenty-two of the chapter of the laws of 2019 which
52 added this section.
53 1-b. The total cost to the district of the installation, maintenance
54 and use of school bus photo violation monitoring systems pursuant to
55 this section shall be borne entirely by the county, city, town or
56 village within the district which is a party to such agreement. On or
A. 4950--B 33
1 before September first of each year, the district shall determine and
2 certify to each county, city, town or village with which it has entered
3 into an agreement pursuant to this section the total cost to the
4 district for the school year ending the preceding June thirtieth of
5 installing, maintaining and using such systems within each such county,
6 city, town or village, respectively, for the proper handling and custody
7 of photographs, microphotographs, videotapes, other recorded images and
8 data produced by such systems, and for the forwarding of such photo-
9 graphs, microphotographs, videotapes, other recorded images and data to
10 the applicable county, city, town or village. On or before the following
11 December first of each year, each such county, city, town or village
12 shall pay to the district such cost so certified to it on or before the
13 preceding September first. Not later than twenty days after each such
14 payment is submitted or is due, whichever occurs first, the district
15 shall submit to the director of the budget and the chairpersons of the
16 fiscal committees of the legislature a report for each such county,
17 city, town and village showing the amount of costs so certified and the
18 amount of payments so received or due. If a county, city, town or
19 village fails to make the payment required to the district by the twen-
20 tieth day after the date such payment was due, (i) the district shall
21 notify the director of the budget and the chairpersons of the fiscal
22 committees of the legislature of such occurrence within twenty-four
23 hours of such day; and (ii) the demonstration program shall be suspended
24 within such county, city, town, or village until such time as such coun-
25 ty, city, town, or village makes the payment required to the district.
26 The district shall notify the director of the budget and the chair-
27 persons of the fiscal committees of the legislature of such payment
28 within seven business days of its receipt. Provided, however, that any
29 notice of liability issued prior to such date shall not be voided.
30 2. Any image or images captured by school bus photo violation monitor-
31 ing systems shall be inadmissible in any disciplinary proceeding
32 convened by any school district or any school bus contractor thereof,
33 and any proceeding initiated by the department involving licensure priv-
34 ileges of school bus operators. Any school bus photo violation monitor-
35 ing device mounted on a school bus shall be directed outwardly from such
36 school bus to capture images of vehicles operated in violation of
37 section eleven hundred seventy-four of this chapter, and images produced
38 by such device shall not be used for any other purpose.
39 3. (i) Any participating school district shall be prohibited from
40 accessing any photographs, microphotographs, videotapes, other recorded
41 images or data from school bus photo violation monitoring systems but
42 shall provide, pursuant to an agreement with a county, city, town or
43 village as provided in this section, for the proper handling and custody
44 of such photographs, microphotographs, videotapes, other recorded images
45 and data produced by such systems, and for the forwarding of such photo-
46 graphs, microphotographs, videotapes, other recorded images and data to
47 the applicable county, city, town or village for the purpose of deter-
48 mining whether a motor vehicle was operated in violation of subdivision
49 (a) of section eleven hundred seventy-four of this title and imposing
50 monetary liability on the owner of such motor vehicle therefor.
51 (ii) Photographs, microphotographs, videotapes, other recorded images
52 and data produced by school bus photo violation monitoring systems shall
53 be destroyed (A) ninety days after the date of the alleged imposition of
54 liability if a notice of liability is not issued for such alleged impo-
55 sition of liability pursuant to this section or (B) upon final disposi-
56 tion of a notice of liability issued pursuant to this section.
A. 4950--B 34
1 4. A county, city, town or village establishing a demonstration
2 program pursuant to this section shall adopt and enforce measures to
3 protect the privacy of drivers, passengers, pedestrians and cyclists
4 whose identity and identifying information may be captured by a school
5 bus photo violation monitoring device. Such measures shall include:
6 (i) utilization of necessary technologies to ensure, to the extent
7 practicable, that photographs produced by such school bus photo
8 violation monitoring systems shall not include images that identify the
9 driver, the passengers, the contents of the vehicle, pedestrians and
10 cyclists. Provided, however, that no notice of liability issued pursuant
11 to this section shall be dismissed solely because a photograph or photo-
12 graphs allow for the identification of the contents of a vehicle,
13 provided that such county, city, town or village has made a reasonable
14 effort to comply with the provisions of this paragraph;
15 (ii) a prohibition on the use or dissemination of vehicles' license
16 plate information and other information and images captured by school
17 bus photo violation monitoring systems except: (A) as required to estab-
18 lish liability under this section or collect payment of penalties; (B)
19 as required by court order; or (C) as otherwise required by law;
20 (iii) the installation of signage in conformance with standards estab-
21 lished in the MUTCD at each roadway entrance of the jurisdictional boun-
22 daries of such county, city, town or village giving notice that school
23 bus photo violation monitoring systems are used to enforce restrictions
24 on vehicles violating section eleven hundred seventy-four of this chap-
25 ter. For the purposes of this paragraph, the term "roadway" shall not
26 include state expressway routes or state interstate routes but shall
27 include controlled-access highway exit ramps that enter the jurisdic-
28 tional boundaries of a county, city, town or village; and
29 (iv) oversight procedures to ensure compliance with the aforementioned
30 privacy protection measures.
31 (b) In any such county, city, town or village which has adopted a
32 local law or ordinance pursuant to subdivision (a) of this section, the
33 owner of a vehicle shall be liable for a penalty imposed pursuant to
34 this section if such vehicle was used or operated with the permission of
35 the owner, express or implied, in violation of subdivision (a) of
36 section eleven hundred seventy-four of this article, and such violation
37 is evidenced by information obtained from a school bus photo violation
38 monitoring system; provided however that no owner of a vehicle shall be
39 liable for a penalty imposed pursuant to this section where the operator
40 of such vehicle has been convicted of the underlying violation of subdi-
41 vision (a) of section eleven hundred seventy-four of this article.
42 (c) For purposes of this section, the following terms shall have the
43 following meanings: "county" shall have the meaning provided in section
44 three of the county law, except that such term shall not include any
45 county wholly contained within a city; "manual on uniform traffic
46 control devices" or "MUTCD" shall mean the manual and specifications for
47 a uniform system of traffic control devices maintained by the commis-
48 sioner of transportation pursuant to section sixteen hundred eighty of
49 this chapter; "owner" shall have the meaning provided in article two-B
50 of this chapter; and "school bus photo violation monitoring system"
51 shall mean a device that is capable of operating independently of an
52 enforcement officer which is installed to work in conjunction with a
53 school bus stop-arm and which automatically produces two or more photo-
54 graphs, two or more microphotographs, a videotape or other recorded
55 images of a vehicle at the time it is used or operated in violation of
56 subdivision (a) of section eleven hundred seventy-four of this article.
A. 4950--B 35
1 (d) A certificate, sworn to or affirmed by a technician employed by
2 the county, city, town or village in which the charged violation
3 occurred, or a facsimile thereof, based upon inspection of photographs,
4 microphotographs, videotape or other recorded images produced by a
5 school bus photo violation monitoring system, shall be prima facie
6 evidence of the facts contained therein. Any photographs, microphoto-
7 graphs, videotape or other recorded images evidencing such a violation
8 shall be available for inspection in any proceeding to adjudicate the
9 liability for such violation pursuant to a local law or ordinance
10 adopted pursuant to this section.
11 (e) An owner liable for a violation of subdivision (a) of section
12 eleven hundred seventy-four of this article pursuant to a local law or
13 ordinance adopted pursuant to this section shall be liable for monetary
14 penalties in accordance with a schedule of fines and penalties to be set
15 forth in such local law or ordinance, except that if a city by local law
16 has authorized the adjudication of such owner liability by a parking
17 violations bureau, such schedule shall be promulgated by such bureau.
18 The liability of the owner pursuant to this section shall be two hundred
19 fifty dollars for a first violation, two hundred seventy-five dollars
20 for a second violation both of which were committed within a period of
21 eighteen months, and three hundred dollars for a third or subsequent
22 violation all of which were committed within a period of eighteen
23 months; provided, however, that such local law or ordinance may provide
24 for an additional penalty not in excess of twenty-five dollars for each
25 violation for the failure to respond to a notice of liability within the
26 prescribed time period.
27 (f) An imposition of liability under a local law or ordinance adopted
28 pursuant to this section shall not be deemed a conviction as an operator
29 and shall not be made part of the operating record of the person upon
30 whom such liability is imposed nor shall it be used for insurance
31 purposes in the provision of motor vehicle insurance coverage.
32 (g) 1. A notice of liability shall be sent by first class mail to each
33 person alleged to be liable as an owner for a violation of subdivision
34 (a) of section eleven hundred seventy-four of this article pursuant to
35 this section. Personal delivery on the owner shall not be required. A
36 manual or automatic record of mailing prepared in the ordinary course of
37 business shall be prima facie evidence of the facts contained therein.
38 2. A notice of liability shall contain the name and address of the
39 person alleged to be liable as an owner for a violation of subdivision
40 (a) of section eleven hundred seventy-four of this article pursuant to
41 this section, the registration number of the vehicle involved in such
42 violation, the location where such violation took place, the date and
43 time of such violation and the identification number of the camera which
44 recorded the violation or other document locator number.
45 3. The notice of liability shall contain information advising the
46 person charged of the manner and the time in which he or she may contest
47 the liability alleged in the notice. Such notice of liability shall also
48 contain a warning to advise the persons charged that failure to contest
49 in the manner and time provided shall be deemed an admission of liabil-
50 ity and that a default judgment may be entered thereon.
51 4. The notice of liability shall be prepared and mailed by the county,
52 city, town or village in which the violation occurred, or by any other
53 entity authorized by such county, city, town or village to prepare and
54 mail such notification of violation.
55 (h) Adjudication of the liability imposed upon owners by this section
56 shall be by a traffic violations bureau established pursuant to section
A. 4950--B 36
1 three hundred seventy of the general municipal law where the violation
2 occurred or, if there be none, by the court having jurisdiction over
3 traffic infractions where the violation occurred, except that if a city
4 has established an administrative tribunal to hear and determine
5 complaints of traffic infractions constituting parking, standing or
6 stopping violations such city may, by local law, authorize such adjudi-
7 cation by such tribunal.
8 (i) If an owner receives a notice of liability pursuant to this
9 section for any time period during which the vehicle was reported to the
10 police as having been stolen, it shall be a valid defense to an allega-
11 tion of liability for a violation of subdivision (a) of section eleven
12 hundred seventy-four of this article pursuant to this section that the
13 vehicle had been reported to the police as stolen prior to the time the
14 violation occurred and had not been recovered by such time. For
15 purposes of asserting the defense provided by this subdivision it shall
16 be sufficient that a certified copy of the police report on the stolen
17 vehicle be sent by first class mail to the traffic violations bureau,
18 court having jurisdiction or parking violations bureau.
19 (j) 1. In such county, city, town or village where the adjudication of
20 liability imposed upon owners pursuant to this section is by a traffic
21 violations bureau or a court having jurisdiction, an owner who is a
22 lessor of a vehicle to which a notice of liability was issued pursuant
23 to subdivision (g) of this section shall not be liable for the violation
24 of subdivision (a) of section eleven hundred seventy-four of this arti-
25 cle, provided that he or she sends to the traffic violations bureau or
26 court having jurisdiction a copy of the rental, lease or other such
27 contract document covering such vehicle on the date of the violation,
28 with the name and address of the lessee clearly legible, within thirty-
29 seven days after receiving notice from the bureau or court of the date
30 and time of such violation, together with the other information
31 contained in the original notice of liability. Failure to send such
32 information within such thirty-seven day time period shall render the
33 owner liable for the penalty prescribed by this section. Where the
34 lessor complies with the provisions of this paragraph, the lessee of
35 such vehicle on the date of such violation shall be deemed to be the
36 owner of such vehicle for purposes of this section, shall be subject to
37 liability for the violation of subdivision (a) of section eleven hundred
38 seventy-four of this article pursuant to this section and shall be sent
39 a notice of liability pursuant to subdivision (g) of this section.
40 2. (i) In a city which, by local law, has authorized the adjudication
41 of liability imposed upon owners by this section by a parking violations
42 bureau, an owner who is a lessor of a vehicle to which a notice of
43 liability was issued pursuant to subdivision (g) of this section shall
44 not be liable for the violation of subdivision (a) of section eleven
45 hundred seventy-four of this article, provided that:
46 (A) prior to the violation, the lessor has filed with the bureau in
47 accordance with the provisions of section two hundred thirty-nine of
48 this chapter; and
49 (B) within thirty-seven days after receiving notice from the bureau of
50 the date and time of a liability, together with the other information
51 contained in the original notice of liability, the lessor submits to the
52 bureau the correct name and address of the lessee of the vehicle identi-
53 fied in the notice of liability at the time of such violation, together
54 with such other additional information contained in the rental, lease or
55 other contract document, as may be reasonably required by the bureau
56 pursuant to regulations that may be promulgated for such purpose.
A. 4950--B 37
1 (ii) Failure to comply with clause (B) of subparagraph (i) of this
2 paragraph shall render the owner liable for the penalty prescribed in
3 this section.
4 (iii) Where the lessor complies with the provisions of this paragraph,
5 the lessee of such vehicle on the date of such violation shall be deemed
6 to be the owner of such vehicle for purposes of this section, shall be
7 subject to liability for such violation pursuant to this section and
8 shall be sent a notice of liability pursuant to subdivision (g) of this
9 section.
10 (k) 1. If the owner liable for a violation of subdivision (a) of
11 section eleven hundred seventy-four of this article pursuant to this
12 section was not the operator of the vehicle at the time of the
13 violation, the owner may maintain an action for indemnification against
14 the operator.
15 2. Notwithstanding any other provision of this section, no owner of a
16 vehicle shall be subject to a monetary fine imposed pursuant to this
17 section if the operator of such vehicle was operating such vehicle with-
18 out the consent of the owner at the time such operator failed to comply
19 with section eleven hundred seventy-four of this chapter. For purposes
20 of this subdivision there shall be a presumption that the operator of
21 such vehicle was operating such vehicle with the consent of the owner at
22 the time such operator failed to comply with section eleven hundred
23 seventy-four of this chapter.
24 (l) Nothing in this section shall be construed to limit the liability
25 of an operator of a vehicle for any violation of subdivision (a) of
26 section eleven hundred seventy-four of this article.
27 (m) In any such county, city, town or village which adopts a demon-
28 stration program pursuant to subdivision (a) of this section, such coun-
29 ty, city, town or village shall submit an annual report on the results
30 of the use of a school bus photo violation monitoring system to the
31 governor, the temporary president of the senate and the speaker of the
32 assembly on or before June first, two thousand nineteen and on the same
33 date in each succeeding year in which the demonstration program is oper-
34 able. Such report shall include, but not be limited to:
35 1. the number of buses and a description of the routes where station-
36 ary and mobile school bus photo violation monitoring systems were used;
37 2. the aggregate number, type and severity of accidents reported at
38 locations where a school bus photo violation monitoring system is used
39 for the year preceding the installation of such system, to the extent
40 the information is maintained by the department of motor vehicles of
41 this state;
42 3. the aggregate number, type and severity of accidents reported at
43 locations where a school bus photo violation monitoring system is used,
44 to the extent the information is maintained by the department of motor
45 vehicles of this state;
46 4. the number of violations recorded at each location where a school
47 bus photo violation monitoring system is used and in the aggregate on a
48 daily, weekly and monthly basis;
49 4-a. the number of convictions for violations of subdivision (a) of
50 section eleven hundred seventy-four of this article recorded at each
51 location where a school bus photo violation monitoring system is used on
52 an annual basis, to the extent the information is maintained by the
53 department of motor vehicles of this state;
54 5. the total number of notices of liability issued for violations
55 recorded by such systems;
A. 4950--B 38
1 6. the number of fines and total amount of fines paid after the first
2 notice of liability issued for violations recorded by such systems;
3 7. the number of violations adjudicated and results of such adjudi-
4 cations including breakdowns of dispositions made for violations
5 recorded by such systems which shall be provided at least annually to
6 such county, city, town or village by the respective courts, bureaus and
7 agencies conducting such adjudications;
8 8. the total amount of revenue realized by such city, town or village
9 from such adjudications;
10 9. the expenses incurred by such city, town or village in connection
11 with the program;
12 10. the quality of the adjudication process and its results including
13 the total number of hearings scheduled, re-scheduled, and held; the
14 total number of persons scheduled for such hearings; the total number of
15 cases where fines were paid on or before the hearing date; and the total
16 number of default judgments entered. Such information shall be provided
17 at least annually to such county, city, town or village by the respec-
18 tive courts, bureaus and agencies conducting such adjudications; and
19 11. a description of public education activities conducted to warn
20 motorists of the dangers of overtaking and passing stopped school buses.
21 (n) It shall be a defense to any prosecution for a violation of subdi-
22 vision (a) of section eleven hundred seventy-four of this article pursu-
23 ant to a local law or ordinance adopted pursuant to this section that
24 such school bus stop-arms were malfunctioning at the time of the alleged
25 violation.
26 § 10. The opening paragraph and paragraph (c) of subdivision 1 of
27 section 1809 of the vehicle and traffic law, as amended by section 10 of
28 chapter 222 of the laws of 2015, are amended to read as follows:
29 Whenever proceedings in an administrative tribunal or a court of this
30 state result in a conviction for an offense under this chapter or a
31 traffic infraction under this chapter, or a local law, ordinance, rule
32 or regulation adopted pursuant to this chapter, other than a traffic
33 infraction involving standing, stopping, or parking or violations by
34 pedestrians or bicyclists, or other than an adjudication of liability of
35 an owner for a violation of subdivision (d) of section eleven hundred
36 eleven of this chapter in accordance with section eleven hundred
37 eleven-a of this chapter, or other than an adjudication of liability of
38 an owner for a violation of subdivision (d) of section eleven hundred
39 eleven of this chapter in accordance with section eleven hundred
40 eleven-b of this chapter, or other than an adjudication in accordance
41 with section eleven hundred eleven-c of this chapter for a violation of
42 a bus lane restriction as defined in such section, or other than an
43 adjudication of liability of an owner for a violation of subdivision (d)
44 of section eleven hundred eleven of this chapter in accordance with
45 section eleven hundred eleven-d of this chapter, or other than an adju-
46 dication of liability of an owner for a violation of subdivision (b),
47 (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in
48 accordance with section eleven hundred eighty-b of this chapter, or
49 other than an adjudication of liability of an owner for a violation of
50 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty
51 of this chapter in accordance with section eleven hundred eighty-c of
52 this chapter, or other than an adjudication of liability of an owner for
53 a violation of subdivision (d) of section eleven hundred eleven of this
54 chapter in accordance with section eleven hundred eleven-e of this chap-
55 ter, or other than an adjudication of liability of an owner for a
56 violation of section eleven hundred seventy-four of this chapter in
A. 4950--B 39
1 accordance with section eleven hundred seventy-four-a of this chapter,
2 there shall be levied a crime victim assistance fee and a mandatory
3 surcharge, in addition to any sentence required or permitted by law, in
4 accordance with the following schedule:
5 (c) Whenever proceedings in an administrative tribunal or a court of
6 this state result in a conviction for an offense under this chapter
7 other than a crime pursuant to section eleven hundred ninety-two of this
8 chapter, or a traffic infraction under this chapter, or a local law,
9 ordinance, rule or regulation adopted pursuant to this chapter, other
10 than a traffic infraction involving standing, stopping, or parking or
11 violations by pedestrians or bicyclists, or other than an adjudication
12 of liability of an owner for a violation of subdivision (d) of section
13 eleven hundred eleven of this chapter in accordance with section eleven
14 hundred eleven-a of this chapter, or other than an adjudication of
15 liability of an owner for a violation of subdivision (d) of section
16 eleven hundred eleven of this chapter in accordance with section eleven
17 hundred eleven-b of this chapter, or other than an adjudication of
18 liability of an owner for a violation of subdivision (d) of section
19 eleven hundred eleven of this chapter in accordance with section eleven
20 hundred eleven-d of this chapter, or other than an infraction pursuant
21 to article nine of this chapter or other than an adjudication of liabil-
22 ity of an owner for a violation of toll collection regulations pursuant
23 to section two thousand nine hundred eighty-five of the public authori-
24 ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
25 hundred seventy-four of the laws of nineteen hundred fifty or other than
26 an adjudication in accordance with section eleven hundred eleven-c of
27 this chapter for a violation of a bus lane restriction as defined in
28 such section, or other than an adjudication of liability of an owner for
29 a violation of subdivision (b), (c), (d), (f) or (g) of section eleven
30 hundred eighty of this chapter in accordance with section eleven hundred
31 eighty-b of this chapter, or other than an adjudication of liability of
32 an 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-c 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, or other than an adjudication of
38 liability of an owner for a violation of section eleven hundred seven-
39 ty-four of this chapter in accordance with section eleven hundred seven-
40 ty-four-a of this chapter, there shall be levied a crime victim assist-
41 ance fee in the amount of five dollars and a mandatory surcharge, in
42 addition to any sentence required or permitted by law, in the amount of
43 fifty-five dollars.
44 § 10-a. Subdivision 1 of section 1809 of the vehicle and traffic law,
45 as amended by section 10-a of chapter 222 of the laws of 2015, is
46 amended to read as follows:
47 1. Whenever proceedings in an administrative tribunal or a court of
48 this state result in a conviction for a crime under this chapter or a
49 traffic infraction under this chapter, or a local law, ordinance, rule
50 or regulation adopted pursuant to this chapter, other than a traffic
51 infraction involving standing, stopping, parking or motor vehicle equip-
52 ment or violations by pedestrians or bicyclists, or other than an adju-
53 dication of liability of an owner for a violation of subdivision (d) of
54 section eleven hundred eleven of this chapter in accordance with section
55 eleven hundred eleven-a of this chapter, or other than an adjudication
56 of liability of an owner for a violation of subdivision (d) of section
A. 4950--B 40
1 eleven hundred eleven of this chapter in accordance with section eleven
2 hundred eleven-b of this chapter, or other than an adjudication in
3 accordance with section eleven hundred eleven-c of this chapter for a
4 violation of a bus lane restriction as defined in such section, or other
5 than an adjudication of liability of an owner for a violation of subdi-
6 vision (d) of section eleven hundred eleven of this chapter in accord-
7 ance with section eleven hundred eleven-d of this chapter, or other than
8 an adjudication of liability of an owner for a violation of subdivision
9 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
10 ter in accordance with section eleven hundred eighty-b of this chapter,
11 or other than an adjudication of liability of an owner for a violation
12 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred
13 eighty of this chapter in accordance with section eleven hundred eight-
14 y-c of this chapter, or other than an adjudication of liability of an
15 owner for a violation of subdivision (d) of section eleven hundred elev-
16 en of this chapter in accordance with section eleven hundred eleven-e of
17 this chapter, or other than an adjudication of liability of an owner for
18 a violation of section eleven hundred seventy-four of this chapter in
19 accordance with section eleven hundred seventy-four-a of this chapter,
20 there shall be levied a mandatory surcharge, in addition to any sentence
21 required or permitted by law, in the amount of twenty-five dollars.
22 § 10-b. Subdivision 1 of section 1809 of the vehicle and traffic law,
23 as amended by section 10-b of chapter 222 of the laws of 2015, is
24 amended to read as follows:
25 1. Whenever proceedings in an administrative tribunal or a court of
26 this state result in a conviction for a crime under this chapter or a
27 traffic infraction under this chapter other than a traffic infraction
28 involving standing, stopping, parking or motor vehicle equipment or
29 violations by pedestrians or bicyclists, or other than an adjudication
30 in accordance with section eleven hundred eleven-c of this chapter for a
31 violation of a bus lane restriction as defined in such section, or other
32 than an adjudication of liability of an owner for a violation of subdi-
33 vision (d) of section eleven hundred eleven of this chapter in accord-
34 ance with section eleven hundred eleven-d of this chapter, or other than
35 an adjudication of liability of an owner for a violation of subdivision
36 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
37 ter in accordance with section eleven hundred eighty-b of this chapter,
38 or other than an adjudication of liability of an owner for a violation
39 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred
40 eighty of this chapter in accordance with section eleven hundred eight-
41 y-c of this chapter, or other than an adjudication of liability of an
42 owner for a violation of subdivision (d) of section eleven hundred elev-
43 en of this chapter in accordance with section eleven hundred eleven-e of
44 this chapter, or other than an adjudication of liability of an owner for
45 a violation of section eleven hundred seventy-four of this chapter in
46 accordance with section eleven hundred seventy-four-a of this chapter,
47 there shall be levied a mandatory surcharge, in addition to any sentence
48 required or permitted by law, in the amount of seventeen dollars.
49 § 10-c. Subdivision 1 of section 1809 of the vehicle and traffic law,
50 as amended by section 10-c of chapter 222 of the laws of 2015, is
51 amended to read as follows:
52 1. Whenever proceedings in an administrative tribunal or a court of
53 this state result in a conviction for a crime under this chapter or a
54 traffic infraction under this chapter other than a traffic infraction
55 involving standing, stopping, parking or motor vehicle equipment or
56 violations by pedestrians or bicyclists, or other than an adjudication
A. 4950--B 41
1 of liability of an owner for a violation of subdivision (b), (c), (d),
2 (f) or (g) of section eleven hundred eighty of this chapter in accord-
3 ance with section eleven hundred eighty-b of this chapter, or other than
4 an adjudication of liability of an owner for a violation of subdivision
5 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
6 ter in accordance with section eleven hundred eighty-c of this chapter,
7 or other than an adjudication of liability of an owner for a violation
8 of subdivision (d) of section eleven hundred eleven of this chapter in
9 accordance with section eleven hundred eleven-d of this chapter, or
10 other than an adjudication of liability of an owner for a violation of
11 subdivision (d) of section eleven hundred eleven of this chapter in
12 accordance with section eleven hundred eleven-e of this chapter, or
13 other than an adjudication of liability of an owner for a violation of
14 section eleven hundred seventy-four of this chapter in accordance with
15 section eleven hundred seventy-four-a of this chapter, there shall be
16 levied a mandatory surcharge, in addition to any sentence required or
17 permitted by law, in the amount of seventeen dollars.
18 § 10-d. Subdivision 1 of section 1809 of the vehicle and traffic law,
19 as amended by section 10-d of chapter 222 of the laws of 2015, is
20 amended to read as follows:
21 1. Whenever proceedings in an administrative tribunal or a court of
22 this state result in a conviction for a crime under this chapter or a
23 traffic infraction under this chapter other than a traffic infraction
24 involving standing, stopping, parking or motor vehicle equipment or
25 violations by pedestrians or bicyclists, or other than an adjudication
26 of liability of an owner for a violation of subdivision (b), (c), (d),
27 (f) or (g) of section eleven hundred eighty of this chapter in accord-
28 ance with section eleven hundred eighty-c of this chapter, or other than
29 an adjudication of liability of an owner for a violation of subdivision
30 (d) of section eleven hundred eleven of this chapter in accordance with
31 section eleven hundred eleven-d of this chapter, or other than an adju-
32 dication of liability of an owner for a violation of subdivision (d) of
33 section eleven hundred eleven of this chapter in accordance with section
34 eleven hundred eleven-e of this chapter, or other than an adjudication
35 of liability of an owner for a violation of section eleven hundred
36 seventy-four of this chapter in accordance with section eleven hundred
37 seventy-four-a 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 seventeen dollars.
40 § 10-e. Subdivision 1 of section 1809 of the vehicle and traffic law,
41 as amended by section 10-e 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 of liability of an owner for a violation of subdivision (d) of section
49 eleven hundred eleven of this chapter in accordance with section eleven
50 hundred eleven-d of this chapter, or other than an adjudication of
51 liability of an owner for a violation of subdivision (d) of section
52 eleven hundred eleven of this chapter in accordance with section eleven
53 hundred eleven-e of this chapter, or other than an adjudication of
54 liability of an owner for a violation of section eleven hundred seven-
55 ty-four of this chapter in accordance with section eleven hundred seven-
56 ty-four-a of this chapter, there shall be levied a mandatory surcharge,
A. 4950--B 42
1 in addition to any sentence required or permitted by law, in the amount
2 of seventeen dollars.
3 § 10-f. Subdivision 1 of section 1809 of the vehicle and traffic law,
4 as amended by section 10-f of chapter 222 of the laws of 2015, is
5 amended to read as follows:
6 1. Whenever proceedings in an administrative tribunal or a court of
7 this state result in a conviction for a crime under this chapter or a
8 traffic infraction under this chapter other than a traffic infraction
9 involving standing, stopping, parking or motor vehicle equipment or
10 violations by pedestrians or bicyclists, or other than an adjudication
11 of liability of an owner for a violation of subdivision (d) of section
12 eleven hundred eleven of this chapter in accordance with section eleven
13 hundred eleven-e of this chapter, or other than an adjudication of
14 liability of an owner for a violation of section eleven hundred seven-
15 ty-four of this chapter in accordance with section eleven hundred seven-
16 ty-four-a of this chapter, there shall be levied a mandatory surcharge,
17 in addition to any sentence required or permitted by law, in the amount
18 of seventeen dollars.
19 § 10-g. Subdivision 1 of section 1809 of the vehicle and traffic law,
20 as separately amended by chapter 16 of the laws of 1983 and chapter 62
21 of the laws of 1989, is amended to read as follows:
22 1. Whenever proceedings in an administrative tribunal or a court of
23 this state result in a conviction for a crime under this chapter or a
24 traffic infraction under this chapter other than a traffic infraction
25 involving standing, stopping, parking or motor vehicle equipment or
26 violations by pedestrians or bicyclists, or other than an adjudication
27 of liability of an owner for a violation of section eleven hundred
28 seventy-four of this chapter in accordance with section eleven hundred
29 seventy-four-a of this chapter, there shall be levied a mandatory
30 surcharge, in addition to any sentence required or permitted by law, in
31 the amount of seventeen dollars.
32 § 11. Paragraph a of subdivision 1 of section 1809-e of the vehicle
33 and traffic law, as amended by section 11 of chapter 222 of the laws of
34 2015, is amended to read as follows:
35 a. Notwithstanding any other provision of law, whenever proceedings in
36 a court or an administrative tribunal of this state result in a
37 conviction for an offense under this chapter, except a conviction pursu-
38 ant to section eleven hundred ninety-two of this chapter, or for a traf-
39 fic infraction under this chapter, or a local law, ordinance, rule or
40 regulation adopted pursuant to this chapter, except a traffic infraction
41 involving standing, stopping, or parking or violations by pedestrians or
42 bicyclists, and except an adjudication of liability of an owner for a
43 violation of subdivision (d) of section eleven hundred eleven of this
44 chapter in accordance with section eleven hundred eleven-a of this chap-
45 ter or in accordance with section eleven hundred eleven-d of this chap-
46 ter, or in accordance with section eleven hundred eleven-e of this chap-
47 ter, or in accordance with section eleven hundred seventy-four-a of this
48 chapter, and except an adjudication of liability of an owner for a
49 violation of subdivision (d) of section eleven hundred eleven of this
50 chapter in accordance with section eleven hundred eleven-b of this chap-
51 ter, and except an adjudication in accordance with section eleven
52 hundred eleven-c of this chapter of a violation of a bus lane
53 restriction as defined in such section, and except an adjudication of
54 liability of an owner for a violation of subdivision (b), (c), (d), (f)
55 or (g) of section eleven hundred eighty of this chapter in accordance
56 with section eleven hundred eighty-b of this chapter, and except an
A. 4950--B 43
1 adjudication of liability of an owner for a violation of subdivision
2 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
3 ter in accordance with section eleven hundred eighty-c of this chapter,
4 and except an adjudication of liability of an owner for a violation of
5 toll collection regulations pursuant to section two thousand nine
6 hundred eighty-five of the public authorities law or sections sixteen-a,
7 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
8 laws of nineteen hundred fifty, there shall be levied in addition to any
9 sentence, penalty or other surcharge required or permitted by law, an
10 additional surcharge of twenty-eight dollars.
11 § 11-a. Paragraph a of subdivision 1 of section 1809-e of the vehicle
12 and traffic law, as amended by section 11-a 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, or in accordance with section eleven hundred seventy-four-a of this
27 chapter, and except an adjudication in accordance with section eleven
28 hundred eleven-c of this chapter of a violation of a bus lane
29 restriction as defined in such section, and except an adjudication of
30 liability of an owner for a violation of subdivision (b), (c), (d), (f)
31 or (g) of section eleven hundred eighty of this chapter in accordance
32 with section eleven hundred eighty-b of this chapter, and except an
33 adjudication of liability of an owner for a violation of subdivision
34 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
35 ter in accordance with section eleven hundred eighty-c of this chapter,
36 and except an adjudication of liability of an owner for a violation of
37 toll collection regulations pursuant to section two thousand nine
38 hundred eighty-five of the public authorities law or sections sixteen-a,
39 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
40 laws of nineteen hundred fifty, there shall be levied in addition to any
41 sentence, penalty or other surcharge required or permitted by law, an
42 additional surcharge of twenty-eight dollars.
43 § 11-b. Paragraph a of subdivision 1 of section 1809-e of the vehicle
44 and traffic law, as amended by section 11-b 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-
A. 4950--B 44
1 ter or in accordance with section eleven hundred eleven-e of this chap-
2 ter, or in accordance with section eleven hundred seventy-four-a of this
3 chapter, and except an adjudication of liability of an owner for a
4 violation of subdivision (b), (c), (d), (f) or (g) of section eleven
5 hundred eighty of this chapter in accordance with section eleven hundred
6 eighty-b of this chapter, and except an adjudication of liability of an
7 owner for a violation of subdivision (b), (c), (d), (f) or (g) of
8 section eleven hundred eighty of this chapter in accordance with section
9 eleven hundred eighty-c of this chapter, and except an adjudication of
10 liability of an owner for a violation of toll collection regulations
11 pursuant to section two thousand nine hundred eighty-five of the public
12 authorities law or sections sixteen-a, sixteen-b and sixteen-c of chap-
13 ter seven hundred seventy-four of the laws of nineteen hundred fifty,
14 there shall be levied in addition to any sentence, penalty or other
15 surcharge required or permitted by law, an additional surcharge of twen-
16 ty-eight dollars.
17 § 11-c. Paragraph a of subdivision 1 of section 1809-e of the vehicle
18 and traffic law, as amended by section 11-c of chapter 222 of the laws
19 of 2015, is amended to read as follows:
20 a. Notwithstanding any other provision of law, whenever proceedings in
21 a court or an administrative tribunal of this state result in a
22 conviction for an offense under this chapter, except a conviction pursu-
23 ant to section eleven hundred ninety-two of this chapter, or for a traf-
24 fic infraction under this chapter, or a local law, ordinance, rule or
25 regulation adopted pursuant to this chapter, except a traffic infraction
26 involving standing, stopping, or parking or violations by pedestrians or
27 bicyclists, and except an adjudication of liability of an owner for a
28 violation of subdivision (d) of section eleven hundred eleven of this
29 chapter in accordance with section eleven hundred eleven-a of this chap-
30 ter or in accordance with section eleven hundred eleven-d of this chap-
31 ter or in accordance with section eleven hundred eleven-e of this chap-
32 ter, or in accordance with section eleven hundred seventy-four-a of this
33 chapter, and except an adjudication of liability of an owner for a
34 violation of subdivision (b), (c), (d), (f) or (g) of section eleven
35 hundred eighty of this chapter in accordance with section eleven hundred
36 eighty-c of this chapter, and except an adjudication of liability of an
37 owner for a violation of toll collection regulations pursuant to section
38 two thousand nine hundred eighty-five of the public authorities law or
39 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred
40 seventy-four of the laws of nineteen hundred fifty, there shall be
41 levied in addition to any sentence, penalty or other surcharge required
42 or permitted by law, an additional surcharge of twenty-eight dollars.
43 § 11-d. Paragraph a of subdivision 1 of section 1809-e of the vehicle
44 and traffic law, as amended by section 11-d 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-
A. 4950--B 45
1 ter or in accordance with section eleven hundred eleven-e of this chap-
2 ter, or in accordance with section eleven hundred seventy-four-a of this
3 chapter, and except an adjudication of liability of an owner for a
4 violation of toll collection regulations pursuant to section two thou-
5 sand nine hundred eighty-five of the public authorities law or sections
6 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
7 of the laws of nineteen hundred fifty, there shall be levied in addition
8 to any sentence, penalty or other surcharge required or permitted by
9 law, an additional surcharge of twenty-eight dollars.
10 § 11-e. Paragraph a of subdivision 1 of section 1809-e of the vehicle
11 and traffic law, as amended by section 11-e of chapter 222 of the laws
12 of 2015, is amended to read as follows:
13 a. Notwithstanding any other provision of law, whenever proceedings in
14 a court or an administrative tribunal of this state result in a
15 conviction for an offense under this chapter, except a conviction pursu-
16 ant to section eleven hundred ninety-two of this chapter, or for a traf-
17 fic infraction under this chapter, or a local law, ordinance, rule or
18 regulation adopted pursuant to this chapter, except a traffic infraction
19 involving standing, stopping, or parking or violations by pedestrians or
20 bicyclists, and except an adjudication of liability of an owner for a
21 violation of subdivision (d) of section eleven hundred eleven of this
22 chapter in accordance with section eleven hundred eleven-a of this chap-
23 ter or in accordance with section eleven hundred eleven-e of this chap-
24 ter, or in accordance with section eleven hundred seventy-four-a of this
25 chapter, and except an adjudication of liability of an owner for a
26 violation of toll collection regulations pursuant to section two thou-
27 sand nine hundred eighty-five of the public authorities law or sections
28 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
29 of the laws of nineteen hundred fifty, there shall be levied in addition
30 to any sentence, penalty or other surcharge required or permitted by
31 law, an additional surcharge of twenty-eight dollars.
32 § 11-f. Paragraph a of subdivision 1 of section 1809-e of the vehicle
33 and traffic law, as amended by section 5 of part C of chapter 55 of the
34 laws of 2013, is amended to read as follows:
35 a. Notwithstanding any other provision of law, whenever proceedings in
36 a court or an administrative tribunal of this state result in a
37 conviction for an offense under this chapter, except a conviction pursu-
38 ant to section eleven hundred ninety-two of this chapter, or for a traf-
39 fic infraction under this chapter, or a local law, ordinance, rule or
40 regulation adopted pursuant to this chapter, except a traffic infraction
41 involving standing, stopping, or parking or violations by pedestrians or
42 bicyclists, and except an adjudication of liability of an owner for a
43 violation of subdivision (d) of section eleven hundred eleven of this
44 chapter in accordance with section eleven hundred eleven-a of this chap-
45 ter or in accordance with section eleven hundred seventy-four-a of this
46 chapter, and except an adjudication of liability of an owner for a
47 violation of toll collection regulations pursuant to section two thou-
48 sand nine hundred eighty-five of the public authorities law or sections
49 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
50 of the laws of nineteen hundred fifty, there shall be levied in addition
51 to any sentence, penalty or other surcharge required or permitted by
52 law, an additional surcharge of twenty-eight dollars.
53 § 12. Subdivision 3 of section 1803 of the vehicle and traffic law, as
54 amended by chapter 679 of the laws of 1970, is amended and a new subdi-
55 vision 10 is added to read as follows:
A. 4950--B 46
1 3. All fines, penalties and forfeitures paid to a city, town or
2 village pursuant to the provisions of paragraph a of subdivision one of
3 this section and subdivision ten of this section shall be credited to
4 the general fund of such city, town or village, unless a different
5 disposition is prescribed by charter, special law, local law or ordi-
6 nance.
7 10. Except as otherwise provided in paragraph e of subdivision one of
8 this section, where a county has established a demonstration program
9 imposing monetary liability on the owner of a vehicle for failure of an
10 operator thereof to comply with section eleven hundred seventy-four of
11 this chapter in accordance with section eleven hundred seventy-four-a of
12 this chapter, any fine or penalty collected by a court, judge, magis-
13 trate or other officer for an imposition of liability which occurs with-
14 in such county pursuant to such program shall be paid to the state comp-
15 troller within the first ten days of the month following collection.
16 Every such payment shall be accompanied by a statement in such form and
17 detail as the comptroller shall provide. The comptroller shall pay nine-
18 ty percent of any such fine or penalty imposed for such liability to the
19 county in which the violation giving rise to the liability occurred, and
20 ten percent of any such fine or penalty to the city, town or village in
21 which the violation giving rise to the liability occurred.
22 § 13. Subdivision 1 of section 371 of the general municipal law, as
23 amended by section 12 of chapter 222 of the laws of 2015, is amended to
24 read as follows:
25 1. A traffic violations bureau so established may be authorized to
26 dispose of violations of traffic laws, ordinances, rules and regulations
27 when such offenses shall not constitute the traffic infraction known as
28 speeding or a misdemeanor or felony, and, if authorized by local law or
29 ordinance, to adjudicate the liability of owners for violations of
30 subdivision (d) of section eleven hundred eleven of the vehicle and
31 traffic law in accordance with section eleven hundred eleven-a of such
32 law or section eleven hundred eleven-b of such law as added by sections
33 sixteen of chapters twenty, [twenty-one,] and twenty-two of the laws of
34 two thousand nine which amended this subdivision, or section eleven
35 hundred eleven-d of such law, or section eleven hundred eleven-e of such
36 law or section eleven hundred seventy-four-a of such law.
37 § 13-a. Section 371 of the general municipal law, as amended by
38 section 12-a of chapter 222 of the laws of 2015, is amended to read as
39 follows:
40 § 371. Jurisdiction and procedure. A traffic violations bureau so
41 established may be authorized to dispose of violations of traffic laws,
42 ordinances, rules and regulations when such offenses shall not consti-
43 tute the traffic infraction known as speeding or a misdemeanor or felo-
44 ny, and, if authorized by local law or ordinance, to adjudicate the
45 liability of owners for violations of subdivision (d) of section eleven
46 hundred eleven of the vehicle and traffic law in accordance with section
47 eleven hundred eleven-b of such law as added by sections sixteen of
48 chapters twenty, [twenty-one,] and twenty-two of the laws of two thou-
49 sand nine which amended this section or section eleven hundred eleven-d
50 of such law or section eleven hundred eleven-e of such law, or section
51 eleven hundred seventy-four-a of such law, by permitting a person
52 charged with an offense within the limitations herein stated, to answer,
53 within a specified time, at the traffic violations bureau, either in
54 person or by written power of attorney in such form as may be prescribed
55 in the ordinance creating the bureau, by paying a prescribed fine and,
56 in writing, waiving a hearing in court, pleading guilty to the charge or
A. 4950--B 47
1 admitting liability as an owner for the violation of subdivision (d) of
2 section eleven hundred eleven of the vehicle and traffic law, as the
3 case may be, and authorizing the person in charge of the bureau to make
4 such a plea or admission and pay such a fine in court. Acceptance of the
5 prescribed fine and power of attorney by the bureau shall be deemed
6 complete satisfaction for the violation or of the liability, and the
7 violator or owner liable for a violation of subdivision (d) of section
8 eleven hundred eleven of the vehicle and traffic law shall be given a
9 receipt which so states. If a person charged with a traffic violation
10 does not answer as hereinbefore prescribed, within a designated time,
11 the bureau shall cause a complaint to be entered against him or her
12 forthwith and a warrant to be issued for his or her arrest and appear-
13 ance before the court. Any person who shall have been, within the
14 preceding twelve months, guilty of a number of parking violations in
15 excess of such maximum number as may be designated by the court, or of
16 three or more violations other than parking violations, shall not be
17 permitted to appear and answer to a subsequent violation at the traffic
18 violations bureau, but must appear in court at a time specified by the
19 bureau. Such traffic violations bureau shall not be authorized to
20 deprive a person of his or her right to counsel or to prevent him or her
21 from exercising his or her right to appear in court to answer to,
22 explain, or defend any charge of a violation of any traffic law, ordi-
23 nance, rule or regulation.
24 § 13-b. Section 371 of the general municipal law, as amended by
25 section 12-b of chapter 222 of the laws of 2015, is amended to read as
26 follows:
27 § 371. Jurisdiction and procedure. A traffic violations bureau so
28 established may be authorized to dispose of violations of traffic laws,
29 ordinances, rules and regulations when such offenses shall not consti-
30 tute the traffic infraction known as speeding or a misdemeanor or felo-
31 ny, and, if authorized by local law or ordinance, to adjudicate the
32 liability of owners for violations of subdivision (d) of section eleven
33 hundred eleven of the vehicle and traffic law in accordance with section
34 eleven hundred eleven-d or section eleven hundred eleven-e or section
35 eleven hundred seventy-four-a of the vehicle and traffic law, by permit-
36 ting a person charged with an offense within the limitations herein
37 stated, to answer, within a specified time, at the traffic violations
38 bureau, either in person or by written power of attorney in such form as
39 may be prescribed in the ordinance creating the bureau, by paying a
40 prescribed fine and, in writing, waiving a hearing in court, pleading
41 guilty to the charge or admitting liability as an owner for the
42 violation of subdivision (d) of section eleven hundred eleven of the
43 vehicle and traffic law, as the case may be, and authorizing the person
44 in charge of the bureau to make such a plea or admission and pay such a
45 fine in court. Acceptance of the prescribed fine and power of attorney
46 by the bureau shall be deemed complete satisfaction for the violation or
47 of the liability, and the violator or owner liable for a violation of
48 subdivision (d) of section eleven hundred eleven of the vehicle and
49 traffic law shall be given a receipt which so states. If a person
50 charged with a traffic violation does not answer as hereinbefore
51 prescribed, within a designated time, the bureau shall cause a complaint
52 to be entered against him or her forthwith and a warrant to be issued
53 for his or her arrest and appearance before the court. Any person who
54 shall have been, within the preceding twelve months, guilty of a number
55 of parking violations in excess of such maximum number as may be desig-
56 nated by the court, or of three or more violations other than parking
A. 4950--B 48
1 violations, shall not be permitted to appear and answer to a subsequent
2 violation at the traffic violations bureau, but must appear in court at
3 a time specified by the bureau. Such traffic violations bureau shall not
4 be authorized to deprive a person of his or her right to counsel or to
5 prevent him or her from exercising his or her right to appear in court
6 to answer to, explain, or defend any charge of a violation of any traf-
7 fic law, ordinance, rule or regulation.
8 § 13-c. Section 371 of the general municipal law, as amended by
9 section 12-c of chapter 222 of the laws of 2015, is amended to read as
10 follows:
11 § 371. Jurisdiction and procedure. A traffic violations bureau so
12 established may be authorized to dispose of violations of traffic laws,
13 ordinances, rules and regulations when such offenses shall not consti-
14 tute the traffic infraction known as speeding or a misdemeanor or felo-
15 ny, and, if authorized by local law or ordinance, to adjudicate the
16 liability of owners for violations of subdivision (d) of section eleven
17 hundred eleven of the vehicle and traffic law in accordance with section
18 eleven hundred eleven-e of the vehicle and traffic law, and, if author-
19 ized by local law or ordinance, to adjudicate the liability of owners
20 for violations of section eleven hundred seventy-four of the vehicle and
21 traffic law in accordance with section eleven hundred seventy-four-a of
22 the vehicle and traffic law by permitting a person charged with an
23 offense within the limitations herein stated, to answer, within a speci-
24 fied time, at the traffic violations bureau, either in person or by
25 written power of attorney in such form as may be prescribed in the ordi-
26 nance creating the bureau, by paying a prescribed fine and, in writing,
27 waiving a hearing in court, pleading guilty to the charge or admitting
28 liability as an owner for violation of subdivision (d) of section eleven
29 hundred eleven of the vehicle and traffic law, as the case may be, or
30 admitting liability as an owner for a violation of section eleven
31 hundred seventy-four of the vehicle and traffic law, as the case may be,
32 and authorizing the person in charge of the bureau to make such a plea
33 or admission and pay such a fine in court. Acceptance of the prescribed
34 fine and power of attorney by the bureau shall be deemed complete satis-
35 faction for the violation or of the liability, and the violator or owner
36 liable for a violation of subdivision (d) of section eleven hundred
37 eleven of the vehicle and traffic law or owner liable for a violation of
38 section eleven hundred seventy-four of the vehicle and traffic law shall
39 be given a receipt which so states. If a person charged with a traffic
40 violation does not answer as hereinbefore prescribed, within a desig-
41 nated time, the bureau shall cause a complaint to be entered against him
42 or her forthwith and a warrant to be issued for his or her arrest and
43 appearance before the court. Any person who shall have been, within the
44 preceding twelve months, guilty of a number of parking violations in
45 excess of such maximum number as may be designated by the court, or of
46 three or more violations other than parking violations, shall not be
47 permitted to appear and answer to a subsequent violation at the traffic
48 violations bureau, but must appear in court at a time specified by the
49 bureau. Such traffic violations bureau shall not be authorized to
50 deprive a person of his or her right to counsel or to prevent him or her
51 from exercising his or her right to appear in court to answer to,
52 explain, or defend any charge of a violation of any traffic law, ordi-
53 nance, rule or regulation.
54 § 13-d. Section 371 of the general municipal law, as amended by chap-
55 ter 802 of the laws of 1949, is amended to read as follows:
A. 4950--B 49
1 § 371. Jurisdiction and procedure. A traffic violations bureau so
2 established may be authorized to dispose of violations of traffic laws,
3 ordinances, rules and regulations when such offenses shall not consti-
4 tute the traffic infraction known as speeding or a misdemeanor or felo-
5 ny, and, if authorized by local law or ordinance, to adjudicate the
6 liability of owners for violations of section eleven hundred seventy-
7 four of the vehicle and traffic law in accordance with section eleven
8 hundred seventy-four-a of the vehicle and traffic law by permitting a
9 person charged with an offense within the limitations herein stated, to
10 answer, within a specified time, at the traffic violations bureau,
11 either in person or by written power of attorney in such form as may be
12 prescribed in the ordinance creating the bureau, by paying a prescribed
13 fine and, in writing, waiving a hearing in court, pleading guilty to the
14 charge, or admitting liability as an owner for a violation of section
15 eleven hundred seventy-four of the vehicle and traffic law, as the case
16 may be and authorizing the person in charge of the bureau to make such a
17 plea or admission and pay such a fine in court. Acceptance of the
18 prescribed fine and power of attorney by the bureau shall be deemed
19 complete satisfaction for the violation, and the violator or owner
20 liable for a violation of section eleven hundred seventy-four of the
21 vehicle and traffic law shall be given a receipt which so states. If a
22 person charged with a traffic violation does not answer as hereinbefore
23 prescribed, within a designated time, the bureau shall cause a complaint
24 to be entered against him or her forthwith and a warrant to be issued
25 for his or her arrest and appearance before the court. Any person who
26 shall have been, within the preceding twelve months, guilty of a number
27 of parking violations in excess of such maximum number as may be desig-
28 nated by the court, or of three or more violations other than parking
29 violations, shall not be permitted to appear and answer to a subsequent
30 violation at the traffic violations bureau, but must appear in court at
31 a time specified by the bureau. Such traffic violations bureau shall not
32 be authorized to deprive a person of his or her right to counsel or to
33 prevent him or her from exercising his or her right to appear in court
34 to answer to, explain, or defend any charge of a violation of any traf-
35 fic law, ordinance, rule or regulation.
36 § 14. Subdivision 2 of section 371 of the general municipal law, as
37 amended by chapter 43 of the laws of 2014, is amended to read as
38 follows:
39 2. The Nassau county traffic and parking violations agency, as estab-
40 lished, may be authorized to assist the Nassau county district court,
41 and the Suffolk county traffic and parking violations agency, as estab-
42 lished, may be authorized to assist the Suffolk county district court,
43 in the disposition and administration of infractions of traffic and
44 parking laws, ordinances, rules and regulations and the liability of
45 owners for violations of subdivision (d) of section eleven hundred elev-
46 en of the vehicle and traffic law in accordance with section eleven
47 hundred eleven-b of such law and the liability of owners for violations
48 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred
49 eighty of the vehicle and traffic law in accordance with section eleven
50 hundred eighty-c of such law and the liability of owners for violations
51 of section eleven hundred seventy-four of the vehicle and traffic law in
52 accordance with section eleven hundred seventy-four-a of such law,
53 except that such agencies shall not have jurisdiction over (a) the traf-
54 fic infraction defined under subdivision one of section eleven hundred
55 ninety-two of the vehicle and traffic law; (b) the traffic infraction
56 defined under subdivision five of section eleven hundred ninety-two of
A. 4950--B 50
1 the vehicle and traffic law; (c) the violation defined under paragraph
2 (b) of subdivision four of section fourteen-f of the transportation law
3 and the violation defined under clause (b) of subparagraph (iii) of
4 paragraph c of subdivision two of section one hundred forty of the
5 transportation law; (d) the traffic infraction defined under section
6 three hundred ninety-seven-a of the vehicle and traffic law and the
7 traffic infraction defined under subdivision (g) of section eleven
8 hundred eighty of the vehicle and traffic law; (e) any misdemeanor or
9 felony; or (f) any offense that is part of the same criminal trans-
10 action, as that term is defined in subdivision two of section 40.10 of
11 the criminal procedure law, as a violation of subdivision one of section
12 eleven hundred ninety-two of the vehicle and traffic law, a violation of
13 subdivision five of section eleven hundred ninety-two of the vehicle and
14 traffic law, a violation of paragraph (b) of subdivision four of section
15 fourteen-f of the transportation law, a violation of clause (b) of
16 subparagraph (iii) of paragraph c of subdivision two of section one
17 hundred forty of the transportation law, a violation of section three
18 hundred ninety-seven-a of the vehicle and traffic law, a violation of
19 subdivision (g) of section eleven hundred eighty of the vehicle and
20 traffic law or any misdemeanor or felony.
21 § 14-a. Subdivision 2 of section 371 of the general municipal law, as
22 amended by chapter 388 of the laws of 2012, is amended to read as
23 follows:
24 2. The Nassau county traffic and parking violations agency, as estab-
25 lished, may be authorized to assist the Nassau county district court,
26 and the Suffolk county traffic and parking violations agency, as estab-
27 lished, may be authorized to assist the Suffolk county district court,
28 in the disposition and administration of infractions of traffic and
29 parking laws, ordinances, rules and regulations and the liability of
30 owners for violations of subdivision (d) of section eleven hundred elev-
31 en of the vehicle and traffic law in accordance with section eleven
32 hundred eleven-b of such law and the liability of owners for violations
33 of section eleven hundred seventy-four of the vehicle and traffic law in
34 accordance with section eleven hundred seventy-four-a of such law,
35 except that such agencies shall not have jurisdiction over (a) the traf-
36 fic infraction defined under subdivision one of section eleven hundred
37 ninety-two of the vehicle and traffic law; (b) the traffic infraction
38 defined under subdivision five of section eleven hundred ninety-two of
39 the vehicle and traffic law; (c) the violation defined under paragraph
40 (b) of subdivision four of section fourteen-f of the transportation law
41 and the violation defined under clause (b) of subparagraph (iii) of
42 paragraph c of subdivision two of section one hundred forty of the
43 transportation law; (d) the traffic infraction defined under section
44 three hundred ninety-seven-a of the vehicle and traffic law and the
45 traffic infraction defined under subdivision (g) of section eleven
46 hundred eighty of the vehicle and traffic law; (e) any misdemeanor or
47 felony; or (f) any offense that is part of the same criminal trans-
48 action, as that term is defined in subdivision two of section 40.10 of
49 the criminal procedure law, as a violation of subdivision one of section
50 eleven hundred ninety-two of the vehicle and traffic law, a violation of
51 subdivision five of section eleven hundred ninety-two of the vehicle and
52 traffic law, a violation of paragraph (b) of subdivision four of section
53 fourteen-f of the transportation law, a violation of clause (b) of
54 subparagraph (iii) of paragraph c of subdivision two of section one
55 hundred forty of the transportation law, a violation of section three
56 hundred ninety-seven-a of the vehicle and traffic law, a violation of
A. 4950--B 51
1 subdivision (g) of section eleven hundred eighty of the vehicle and
2 traffic law or any misdemeanor or felony.
3 § 15. Subdivision 2 of section 87 of the public officers law is
4 amended by adding a new paragraph (q) to read as follows:
5 (q) are photographs, microphotographs, videotape or other recorded
6 images prepared under authority of section eleven hundred seventy-four-a
7 of the vehicle and traffic law.
8 § 16. The purchase or lease of equipment for a demonstration program
9 established pursuant to section 1174-a of the vehicle and traffic law
10 shall be subject to the provisions of section 103 of the general munici-
11 pal law.
12 § 17. Section 1604 of the education law is amended by adding a new
13 subdivision 43 to read as follows:
14 43. To pass a resolution, in the discretion of the board of such
15 district, authorizing the entering of an agreement with a county, city,
16 village or town within such district, for the installation and use of
17 school bus photo violation monitoring systems pursuant to section eleven
18 hundred seventy-four-a of the vehicle and traffic law, provided that the
19 purchase, lease, installation, operation and maintenance, or any other
20 costs associated with such cameras shall not be considered an aidable
21 expense pursuant to section thirty-six hundred twenty-three-a of this
22 chapter.
23 § 18. Section 1709 of the education law is amended by adding a new
24 subdivision 43 to read as follows:
25 43. To pass a resolution, in the discretion of the board of such
26 district, authorizing the entering of an agreement with a county, city,
27 village or town within such district, for the installation and use of
28 school bus photo violation monitoring systems pursuant to section eleven
29 hundred seventy-four-a of the vehicle and traffic law, provided that the
30 purchase, lease, installation, operation and maintenance, or any other
31 costs associated with such cameras shall not be considered an aidable
32 expense pursuant to section thirty-six hundred twenty-three-a of this
33 chapter.
34 § 19. Section 2503 of the education law is amended by adding a new
35 subdivision 21 to read as follows:
36 21. To pass a resolution, in the discretion of the board of such
37 district, authorizing the entering of an agreement with the city within
38 such district, for the installation and use of school bus photo
39 violation monitoring systems pursuant to section eleven hundred seven-
40 ty-four-a of the vehicle and traffic law, provided that the purchase,
41 lease, installation, operation and maintenance, or any other costs asso-
42 ciated with such cameras shall not be considered an aidable expense
43 pursuant to section thirty-six hundred twenty-three-a of this chapter.
44 § 20. Section 2554 of the education law is amended by adding a new
45 subdivision 28 to read as follows:
46 28. To pass a resolution, in the discretion of the board of such
47 district, authorizing the entering of an agreement with the city within
48 such district, for the installation and use of school bus photo
49 violation monitoring systems pursuant to section eleven hundred seven-
50 ty-four-a of the vehicle and traffic law, provided that the purchase,
51 lease, installation, operation and maintenance, or any other costs asso-
52 ciated with such cameras shall not be considered an aidable expense
53 pursuant to section thirty-six hundred twenty-three-a of this chapter.
54 § 21. Section 2590-h of the education law is amended by adding a new
55 subdivision 39 to read as follows:
A. 4950--B 52
1 39. To enter an agreement, in his or her discretion, with the city of
2 New York for the installation and use of school bus photo violation
3 monitoring systems pursuant to section eleven hundred seventy-four-a of
4 the vehicle and traffic law, provided that the purchase, lease, instal-
5 lation, operation and maintenance, or any other costs associated with
6 such cameras shall not be considered an aidable expense pursuant to
7 section thirty-six hundred twenty-three-a of this chapter.
8 § 22. Operation of school bus photo violation monitoring systems with-
9 in a school district in accordance with section 1174-a of the vehicle
10 and traffic law. 1. The governing body of any county and the municipal
11 officers and boards in the several cities, towns and villages located
12 within a school district which have adopted local laws or ordinances
13 pursuant to section 1174-a of the vehicle and traffic law establishing a
14 demonstration program imposing monetary liability on the owner of a
15 vehicle for failure of an operator thereof to comply with section 1174
16 of the vehicle and traffic law when meeting a school bus marked and
17 equipped as provided in subdivisions 20 and 21-c of section 375 of the
18 vehicle and traffic law and operated in such county, city, town or
19 village, are each hereby authorized to enter into an agreement with the
20 applicable school district ("district") for the installation, mainte-
21 nance and use of school bus photo violation monitoring systems, for the
22 proper handling and custody of photographs, microphotographs, vide-
23 otapes, other recorded images and data produced by such systems, and for
24 the forwarding of such photographs, microphotographs, videotapes, other
25 recorded images and data to the applicable county, city, town or
26 village, subject to the provisions of this section and section 1174-a of
27 the vehicle and traffic law. Provided, however, that where a district
28 has entered an agreement as provided hereunder with a county, no cities,
29 towns or villages within the same county may enter into, or be a party
30 to, any agreement with such district pursuant to this section. Provided
31 further, however, that no county shall enter an agreement with any city
32 school district wholly contained within a city.
33 2. No agreement with the applicable school district shall take effect
34 until a county, city, town or village located within such district has
35 adopted a local law or ordinance as authorized by subdivision (a) of
36 section 1174-a of the vehicle and traffic law. Except as otherwise
37 provided herein, subsequent counties, cities, towns and villages within
38 such district may enter into the agreement with the district provided
39 that they have adopted a local law or ordinance as authorized by subdi-
40 vision (a) of section 1174-a of the vehicle and traffic law.
41 3. Nothing in this section or act shall be construed to prevent a
42 county, city, town, village or district at any time to withdraw from or
43 terminate an agreement for the installation, maintenance and use of
44 school bus photo violation monitoring systems within such county, city,
45 town or village. Provided, however, that a county, city, town, village,
46 or district shall provide no less than twenty days' notice to other
47 signatories of such agreements before withdrawing.
48 4. For purposes of this section, the term "county" shall have the same
49 meaning as such term is defined in section 3 of the county law except
50 that such term shall not include any county wholly contained within a
51 city, and the term "school bus photo violation monitoring system" shall
52 have the same meaning as such term is defined by subdivision (c) of
53 section 1174-a of the vehicle and traffic law.
54 § 23. For the purpose of informing and educating owners of motor vehi-
55 cles in this state, any county not wholly contained within a city, city,
56 town or village authorized to issue notices of liability pursuant to the
A. 4950--B 53
1 provisions of this act may, during the first thirty-day period in which
2 school bus photo violation monitoring systems are in operation pursuant
3 to the provisions of this act within such county, city, town or village,
4 issue a written warning in lieu of a notice of liability to all owners
5 of motor vehicles who would be held liable for failure of operators
6 thereof to comply with section 1174 of the vehicle and traffic law when
7 meeting a school bus marked and equipped as provided in subdivisions 20
8 and 21-c of section 375 of such law.
9 § 24. A county, city, town, or village which adopts a demonstration
10 program pursuant to subdivision (a) of section 1174-a of the vehicle and
11 traffic law shall annually provide a copy of the annual report that such
12 county, city, town, or village submits pursuant to subdivision (m) of
13 such section, to each local law enforcement agency having jurisdiction
14 to enforce violations of the vehicle and traffic law or any ordinance,
15 rule or regulation relating to traffic adopted pursuant to such law on
16 roadways within such county, city, town, or village.
17 § 25. This act shall take effect on the thirtieth day after it shall
18 have become a law and shall expire December 1, 2024 when upon such date
19 the provisions of this act shall be deemed repealed; provided that any
20 such local law as may be enacted pursuant to this act shall remain in
21 full force and effect only until December 1, 2024 and provided, further,
22 that:
23 (a) the amendments to subdivision 1 of section 235 of the vehicle and
24 traffic law made by section one of this act shall not affect the expira-
25 tion of such subdivision and shall be deemed to expire therewith, when
26 upon such date the provisions of section one-a of this act shall take
27 effect;
28 (b) the amendments to section 235 of the vehicle and traffic law made
29 by section one-a of this act shall not affect the expiration of such
30 section and shall be deemed to expire therewith, when upon such date the
31 provisions of section one-b of this act shall take effect;
32 (c) the amendments to section 235 of the vehicle and traffic law made
33 by section one-b of this act shall not affect the expiration of such
34 section and shall be deemed to expire therewith, when upon such date the
35 provisions of section one-c of this act shall take effect;
36 (d) the amendments to section 235 of the vehicle and traffic law made
37 by section one-c of this act shall not affect the expiration of such
38 section and shall be deemed to expire therewith, when upon such date the
39 provisions of section one-d of this act shall take effect;
40 (e) the amendments to section 235 of the vehicle and traffic law made
41 by section one-d of this act shall not affect the expiration of such
42 section and shall be deemed to expire therewith, when upon such date the
43 provisions of section one-e of this act shall take effect;
44 (f) the amendments to section 235 of the vehicle and traffic law made
45 by section one-e of this act shall not affect the expiration of such
46 section and shall be deemed to expire therewith, when upon such date the
47 provisions of section one-f of this act shall take effect;
48 (g) the amendments to section 235 of the vehicle and traffic law made
49 by section one-f of this act shall not affect the expiration of such
50 section and shall be deemed to expire therewith, when upon such date the
51 provisions of section one-g of this act shall take effect;
52 (h) the amendments to subdivision 1 of section 236 of the vehicle and
53 traffic law made by section two of this act shall not affect the expira-
54 tion of such subdivision and shall be deemed to expire therewith, when
55 upon such date the provisions of section two-a of this act shall take
56 effect;
A. 4950--B 54
1 (i) the amendments to subdivision 1 of section 236 of the vehicle and
2 traffic law made by section two-a of this act shall not affect the expi-
3 ration of such subdivision and shall be deemed to expire therewith, when
4 upon such date the provisions of section two-b of this act shall take
5 effect;
6 (j) the amendments to subdivision 1 of section 236 of the vehicle and
7 traffic law made by section two-b of this act shall not affect the expi-
8 ration of such subdivision and shall be deemed to expire therewith, when
9 upon such date the provisions of section two-c of this act shall take
10 effect;
11 (k) the amendments to subdivision 1 of section 236 of the vehicle and
12 traffic law made by section two-c of this act shall not affect the expi-
13 ration of such subdivision and shall be deemed to expire therewith, when
14 upon such date the provisions of section two-d of this act shall take
15 effect;
16 (l) the amendments to subdivision 1 of section 236 of the vehicle and
17 traffic law made by section two-d of this act shall not affect the expi-
18 ration of such subdivision and shall be deemed to expire therewith, when
19 upon such date the provisions of section two-e of this act shall take
20 effect;
21 (m) the amendments to subdivision 1 of section 236 of the vehicle and
22 traffic law made by section two-e of this act shall not affect the expi-
23 ration of such subdivision and shall be deemed to expire therewith, when
24 upon such date the provisions of section two-f of this act shall take
25 effect;
26 (n) the amendments to paragraph f of subdivision 1 of section 239 of
27 the vehicle and traffic law made by section four of this act shall not
28 affect the expiration of such paragraph and shall be deemed to expire
29 therewith, when upon such date the provisions of section four-a of this
30 act shall take effect;
31 (o) the amendments to paragraph f of subdivision 1 of section 239 of
32 the vehicle and traffic law made by section four-a of this act shall not
33 affect the expiration of such paragraph and shall be deemed to expire
34 therewith, when upon such date the provisions of section four-b of this
35 act shall take effect;
36 (p) the amendments to paragraph f of subdivision 1 of section 239 of
37 the vehicle and traffic law made by section four-b of this act shall not
38 affect the expiration of such paragraph and shall be deemed to expire
39 therewith, when upon such date the provisions of section four-c of this
40 act shall take effect;
41 (q) the amendments to paragraph f of subdivision 1 of section 239 of
42 the vehicle and traffic law made by section four-c of this act shall not
43 affect the expiration of such paragraph and shall be deemed to expire
44 therewith, when upon such date the provisions of section four-d of this
45 act shall take effect;
46 (r) the amendments to paragraph f of subdivision 1 of section 239 of
47 the vehicle and traffic law made by section four-d of this act shall not
48 affect the expiration of such paragraph and shall be deemed to expire
49 therewith, when upon such date the provisions of section four-e of this
50 act shall take effect;
51 (s) the amendments to paragraph f of subdivision 1 of section 239 of
52 the vehicle and traffic law made by section four-e of this act shall not
53 affect the expiration of such paragraph and shall be deemed to expire
54 therewith, when upon such date the provisions of section four-f of this
55 act shall take effect;
A. 4950--B 55
1 (t) the amendments to subdivisions 1 and 1-a of section 240 of the
2 vehicle and traffic law made by section five of this act shall not
3 affect the expiration of such subdivisions and shall be deemed to expire
4 therewith, when upon such date the provisions of section five-a of this
5 act shall take effect;
6 (u) the amendments to subdivisions 1 and 1-a of section 240 of the
7 vehicle and traffic law made by section five-a 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 five-b of this
10 act shall take effect;
11 (v) the amendments to subdivisions 1 and 1-a of section 240 of the
12 vehicle and traffic law made by section five-b 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 five-c of this
15 act shall take effect;
16 (w) the amendments to subdivisions 1 and 1-a of section 240 of the
17 vehicle and traffic law made by section five-c 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 five-d of this
20 act shall take effect;
21 (x) the amendments to subdivisions 1 and 1-a of section 240 of the
22 vehicle and traffic law made by section five-d 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 five-e of this
25 act shall take effect;
26 (y) the amendments to subdivisions 1 and 1-a of section 240 of the
27 vehicle and traffic law made by section five-e of this act shall not
28 affect the expiration of such subdivisions and shall be deemed to expire
29 therewith, when upon such date the provisions of section five-f of this
30 act shall take effect;
31 (z) the amendments to paragraphs a and g of subdivision 2 of section
32 240 of the vehicle and traffic law made by section six of this act shall
33 not affect the expiration of such paragraphs and shall be deemed to
34 expire therewith, when upon such date the provisions of section six-a of
35 this act shall take effect;
36 (aa) the amendments to paragraphs a and g of subdivision 2 of section
37 240 of the vehicle and traffic law made by section six-a 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 six-b
40 of this act shall take effect;
41 (bb) the amendments to paragraphs a and g of subdivision 2 of section
42 240 of the vehicle and traffic law made by section six-b of this act
43 shall not affect the expiration of such paragraphs and shall be deemed
44 to expire therewith, when upon such date the provisions of section six-c
45 of this act shall take effect;
46 (cc) the amendments to paragraphs a and g of subdivision 2 of section
47 240 of the vehicle and traffic law made by section six-c of this act
48 shall not affect the expiration of such paragraphs and shall be deemed
49 to expire therewith, when upon such date the provisions of section six-d
50 of this act shall take effect;
51 (dd) the amendments to paragraphs a and g of subdivision 2 of section
52 240 of the vehicle and traffic law made by section six-d of this act
53 shall not affect the expiration of such paragraphs and shall be deemed
54 to expire therewith, when upon such date the provisions of section six-e
55 of this act shall take effect;
A. 4950--B 56
1 (ee) the amendments to paragraphs a and g of subdivision 2 of section
2 240 of the vehicle and traffic law made by section six-e of this act
3 shall not affect the expiration of such paragraphs and shall be deemed
4 to expire therewith, when upon such date the provisions of section six-f
5 of this act shall take effect;
6 (ff) the amendments to subdivisions 1 and 2 of section 241 of the
7 vehicle and traffic law made by section seven 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 seven-a of this
10 act shall take effect;
11 (gg) the amendments to subdivisions 1 and 2 of section 241 of the
12 vehicle and traffic law made by section seven-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 seven-b of this
15 act shall take effect;
16 (hh) the amendments to subdivisions 1 and 2 of section 241 of the
17 vehicle and traffic law made by section seven-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 seven-c of this
20 act shall take effect;
21 (ii) the amendments to subdivisions 1 and 2 of section 241 of the
22 vehicle and traffic law made by section seven-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 seven-d of this
25 act shall take effect;
26 (jj) the amendments to subdivisions 1 and 2 of section 241 of the
27 vehicle and traffic law made by section seven-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 seven-e of this
30 act shall take effect;
31 (kk) the amendments to subdivisions 1 and 2 of section 241 of the
32 vehicle and traffic law made by section seven-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 seven-f of this
35 act shall take effect;
36 (ll) the amendments to subparagraph (i) of paragraph a of subdivision
37 5-a of section 401 of the vehicle and traffic law made by section eight
38 of this act shall not affect the expiration of such paragraph and shall
39 be deemed to expire therewith, when upon such date the provisions of
40 section eight-a of this act shall take effect;
41 (mm) the amendments to paragraph a of subdivision 5-a of section 401
42 of the vehicle and traffic law made by section eight-a of this act shall
43 not affect the expiration of such paragraph and shall be deemed to
44 expire therewith, when upon such date the provisions of section eight-b
45 of this act shall take effect;
46 (nn) the amendments to paragraph a of subdivision 5-a of section 401
47 of the vehicle and traffic law made by section eight-b of this act shall
48 not affect the expiration of such paragraph and shall be deemed to
49 expire therewith, when upon such date the provisions of section eight-c
50 of this act shall take effect;
51 (oo) the amendments to paragraph a of subdivision 5-a of section 401
52 of the vehicle and traffic law made by section eight-c 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 eight-d
55 of this act shall take effect;
A. 4950--B 57
1 (pp) the amendments to paragraph a of subdivision 5-a of section 401
2 of the vehicle and traffic law made by section eight-d 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 eight-e
5 of this act shall take effect;
6 (qq) the amendments to paragraph a of subdivision 5-a of section 401
7 of the vehicle and traffic law made by section eight-e of this act shall
8 not affect the expiration of such paragraph and shall be deemed to
9 expire therewith, when upon such date the provisions of section eight-f
10 of this act shall take effect;
11 (rr) the amendments to paragraph a of subdivision 5-a of section 401
12 of the vehicle and traffic law made by section eight-f of this act shall
13 not affect the expiration of such paragraph and shall be deemed to
14 expire therewith, when upon such date the provisions of section eight-g
15 of this act shall take effect;
16 (ss) the amendments to subdivision 1 of section 1809 of the vehicle
17 and traffic law made by section ten of this act shall not affect the
18 expiration of such subdivision and shall be deemed to expire therewith,
19 when upon such date the provisions of section ten-a of this act shall
20 take effect;
21 (tt) the amendments to subdivision 1 of section 1809 of the vehicle
22 and traffic law made by section ten-a of this act shall not affect the
23 expiration of such subdivision and shall be deemed to expire therewith,
24 when upon such date the provisions of section ten-b of this act shall
25 take effect;
26 (uu) the amendments to subdivision 1 of section 1809 of the vehicle
27 and traffic law made by section ten-b of this act shall not affect the
28 expiration of such subdivision and shall be deemed to expire therewith,
29 when upon such date the provisions of section ten-c of this act shall
30 take effect;
31 (vv) the amendments to subdivision 1 of section 1809 of the vehicle
32 and traffic law made by section ten-c of this act shall not affect the
33 expiration of such subdivision and shall be deemed to expire therewith,
34 when upon such date the provisions of section ten-d of this act shall
35 take effect;
36 (ww) the amendments to subdivision 1 of section 1809 of the vehicle
37 and traffic law made by section ten-d of this act shall not affect the
38 expiration of such subdivision and shall be deemed to expire therewith,
39 when upon such date the provisions of section ten-e of this act shall
40 take effect;
41 (xx) the amendments to subdivision 1 of section 1809 of the vehicle
42 and traffic law made by section ten-e 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 ten-f of this act shall
45 take effect;
46 (yy) the amendments to subdivision 1 of section 1809 of the vehicle
47 and traffic law made by section ten-f of this act shall not affect the
48 expiration of such subdivision and shall be deemed to expire therewith,
49 when upon such date the provisions of section ten-g of this act shall
50 take effect;
51 (zz) the amendments to paragraph a of subdivision 1 of section 1809-e
52 of the vehicle and traffic law made by section eleven 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 eleven-a
55 of this act shall take effect;
A. 4950--B 58
1 (aaa) the amendments to paragraph a of subdivision 1 of section 1809-e
2 of the vehicle and traffic law made by section eleven-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 eleven-b
5 of this act shall take effect;
6 (bbb) the amendments to paragraph a of subdivision 1 of section 1809-e
7 of the vehicle and traffic law made by section eleven-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 eleven-c
10 of this act shall take effect;
11 (ccc) the amendments to paragraph a of subdivision 1 of section 1809-e
12 of the vehicle and traffic law made by section eleven-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 eleven-d
15 of this act shall take effect;
16 (ddd) the amendments to paragraph a of subdivision 1 of section 1809-e
17 of the vehicle and traffic law made by section eleven-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 eleven-e
20 of this act shall take effect;
21 (eee) the amendments to paragraph a of subdivision 1 of section 1809-e
22 of the vehicle and traffic law made by section eleven-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 eleven-f
25 of this act shall take effect;
26 (fff) the amendments made to subdivision 1 of section 371 of the
27 general municipal law made by section thirteen of this act shall not
28 affect the expiration of such subdivision and shall be deemed to expire
29 therewith, when upon such date the provisions of section thirteen-a of
30 this act shall take effect;
31 (ggg) the amendments made to section 371 of the general municipal law
32 made by section thirteen-a of this act shall not affect the expiration
33 of such section and shall be deemed to expire therewith, when upon such
34 date the provisions of section thirteen-b of this act shall take effect;
35 (hhh) the amendments made to section 371 of the general municipal law
36 made by section thirteen-b of this act shall not affect the expiration
37 of such section and shall be deemed to expire therewith, when upon such
38 date the provisions of section thirteen-c of this act shall take effect;
39 (iii) the amendments made to section 371 of the general municipal law
40 made by section thirteen-c of this act shall not affect the expiration
41 of such section and shall be deemed to expire therewith, when upon such
42 date the provisions of section thirteen-d of this act shall take effect;
43 (jjj) the amendments made to section 371 of the general municipal law
44 made by section fourteen of this act shall not affect the expiration of
45 such section and shall be deemed to expire therewith, when upon such
46 date the provisions of section fourteen-a of this act shall take effect;
47 and
48 (kkk) the amendments made to section 2590-h of the education law made
49 by section twenty-one of this act shall not affect the expiration and
50 reversion of such section and shall expire therewith.