Bill Text: NY A08287 | 2019-2020 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to adjudications and owner liability for a violation of traffic-control signal indications in the county of Westchester.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2020-07-20 - REPORTED AND COMMITTED TO RULES [A08287 Detail]
Download: New_York-2019-A08287-Introduced.html
Bill Title: Relates to adjudications and owner liability for a violation of traffic-control signal indications in the county of Westchester.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2020-07-20 - REPORTED AND COMMITTED TO RULES [A08287 Detail]
Download: New_York-2019-A08287-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8287 2019-2020 Regular Sessions IN ASSEMBLY June 13, 2019 ___________ Introduced by M. of A. PRETLOW -- read once and referred to the Commit- tee on Transportation AN ACT to amend the vehicle and traffic law, the general municipal law and the public officers law, in relation to adjudications and owner liability for a violation of traffic-control signal indications; and providing for the repeal of such provisions upon expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraph (i) of paragraph a of subdivision 5-a of 2 section 401 of the vehicle and traffic law, as amended by section 8 of 3 chapter 222 of the laws of 2015, is amended to read as follows: 4 (i) If at the time of application for a registration or renewal there- 5 of there is a certification from a court, parking violations bureau, 6 traffic and parking violations agency or administrative tribunal of 7 appropriate jurisdiction or [adminstrative] administrative tribunal of 8 appropriate jurisdiction that the registrant or his or her represen- 9 tative failed to appear on the return date or any subsequent adjourned 10 date or failed to comply with the rules and regulations of an adminis- 11 trative tribunal following entry of a final decision in response to a 12 total of three or more summonses or other process in the aggregate, 13 issued within an eighteen month period, charging either that: (i) such 14 motor vehicle was parked, stopped or standing, or that such motor vehi- 15 cle was operated for hire by the registrant or his or her agent without 16 being licensed as a motor vehicle for hire by the appropriate local 17 authority, in violation of any of the provisions of this chapter or of 18 any law, ordinance, rule or regulation made by a local authority; or 19 (ii) the registrant was liable in accordance with section eleven hundred 20 eleven-a, section eleven hundred eleven-b or section eleven hundred 21 eleven-d of this chapter for a violation of subdivision (d) of section 22 eleven hundred eleven of this chapter; or (iii) the registrant was 23 liable in accordance with section eleven hundred eleven-c of this chap- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13131-02-9A. 8287 2 1 ter for a violation of a bus lane restriction as defined in such 2 section[,]; or (iv) the registrant was liable in accordance with section 3 eleven hundred eighty-b of this chapter for a violation of subdivision 4 (c) or (d) of section eleven hundred eighty of this chapter[,]; or (vi) 5 the registrant was liable in accordance with section eleven hundred 6 eleven-e of this chapter for a violation of subdivision (d) of section 7 eleven hundred eleven of this chapter; or (vii) the registrant was 8 liable in accordance with section eleven hundred eleven-f of this chap- 9 ter for a violation of subdivision (d) of section eleven hundred eleven 10 of this chapter, the commissioner or his or her agent shall deny the 11 registration or renewal application until the applicant provides proof 12 from the court, traffic and parking violations agency or administrative 13 tribunal wherein the charges are pending that an appearance or answer 14 has been made or in the case of an administrative tribunal that he or 15 she has complied with the rules and regulations of said tribunal follow- 16 ing entry of a final decision. Where an application is denied pursuant 17 to this section, the commissioner may, in his or her discretion, deny a 18 registration or renewal application to any other person for the same 19 vehicle and may deny a registration or renewal application for any other 20 motor vehicle registered in the name of the applicant where the commis- 21 sioner has determined that such registrant's intent has been to evade 22 the purposes of this subdivision and where the commissioner has reason- 23 able grounds to believe that such registration or renewal will have the 24 effect of defeating the purposes of this subdivision. Such denial shall 25 only remain in effect as long as the summonses remain unanswered, or in 26 the case of an administrative tribunal, the registrant fails to comply 27 with the rules and regulations following entry of a final decision. 28 § 1-a. Paragraph a of subdivision 5-a of section 401 of the vehicle 29 and traffic law, as amended by section 8-a of chapter 222 of the laws of 30 2015, is amended to read as follows: 31 a. If at the time of application for a registration or renewal thereof 32 there is a certification from a court or administrative tribunal of 33 appropriate jurisdiction that the registrant or his or her represen- 34 tative failed to appear on the return date or any subsequent adjourned 35 date or failed to comply with the rules and regulations of an adminis- 36 trative tribunal following entry of a final decision in response to a 37 total of three or more summonses or other process in the aggregate, 38 issued within an eighteen month period, charging either that: (i) such 39 motor vehicle was parked, stopped or standing, or that such motor vehi- 40 cle was operated for hire by the registrant or his or her agent without 41 being licensed as a motor vehicle for hire by the appropriate local 42 authority, in violation of any of the provisions of this chapter or of 43 any law, ordinance, rule or regulation made by a local authority; or 44 (ii) the registrant was liable in accordance with section eleven hundred 45 eleven-b of this chapter for a violation of subdivision (d) of section 46 eleven hundred eleven of this chapter; or (iii) the registrant was 47 liable in accordance with section eleven hundred eleven-c of this chap- 48 ter for a violation of a bus lane restriction as defined in such 49 section; or (iv) the registrant was liable in accordance with section 50 eleven hundred eleven-d of this chapter for a violation of subdivision 51 (d) of section eleven hundred eleven of this chapter; or (v) the regis- 52 trant was liable in accordance with section eleven hundred eighty-b of 53 this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of 54 section eleven hundred eighty of this chapter; or (vi) the registrant 55 was liable in accordance with section eleven hundred eleven-e of this 56 chapter for a violation of subdivision (d) of section eleven hundredA. 8287 3 1 eleven of this chapter; or (vii) the registrant was liable in accordance 2 with section eleven hundred eleven-f of this chapter for a violation of 3 subdivision (d) of section eleven hundred eleven of this chapter, the 4 commissioner or his or her agent shall deny the registration or renewal 5 application until the applicant provides proof from the court or admin- 6 istrative tribunal wherein the charges are pending that an appearance or 7 answer has been made or in the case of an administrative tribunal that 8 he or she has complied with the rules and regulations of said tribunal 9 following entry of a final decision. Where an application is denied 10 pursuant to this section, the commissioner may, in his or her 11 discretion, deny a registration or renewal application to any other 12 person for the same vehicle and may deny a registration or renewal 13 application for any other motor vehicle registered in the name of the 14 applicant where the commissioner has determined that such registrant's 15 intent has been to evade the purposes of this subdivision and where the 16 commissioner has reasonable grounds to believe that such registration or 17 renewal will have the effect of defeating the purposes of this subdivi- 18 sion. Such denial shall only remain in effect as long as the summonses 19 remain unanswered, or in the case of an administrative tribunal, the 20 registrant fails to comply with the rules and regulations following 21 entry of a final decision. 22 § 1-b. Paragraph a of subdivision 5-a of section 401 of the vehicle 23 and traffic law, as amended by section 8-b of chapter 222 of the laws of 24 2015, is amended to read as follows: 25 a. If at the time of application for a registration or renewal thereof 26 there is a certification from a court or administrative tribunal of 27 appropriate jurisdiction that the registrant or his or her represen- 28 tative failed to appear on the return date or any subsequent adjourned 29 date or failed to comply with the rules and regulations of an adminis- 30 trative tribunal following entry of a final decision in response to 31 three or more summonses or other process, issued within an eighteen 32 month period, charging that: (i) such motor vehicle was parked, stopped 33 or standing, or that such motor vehicle was operated for hire by the 34 registrant or his or her agent without being licensed as a motor vehicle 35 for hire by the appropriate local authority, in violation of any of the 36 provisions of this chapter or of any law, ordinance, rule or regulation 37 made by a local authority; or (ii) the registrant was liable in accord- 38 ance with section eleven hundred eleven-c of this chapter for a 39 violation of a bus lane restriction as defined in such section; or (iii) 40 the registrant was liable in accordance with section eleven hundred 41 eleven-d of this chapter for a violation of subdivision (d) of section 42 eleven hundred eleven of this chapter; or (iv) the registrant was liable 43 in accordance with section eleven hundred eighty-b of this chapter for a 44 violation of subdivision (b), (c), (d), (f) or (g) of section eleven 45 hundred eighty of this chapter[,]; or (v) the registrant was liable in 46 accordance with section eleven hundred eleven-e of this chapter for a 47 violation of subdivision (d) of section eleven hundred eleven of this 48 chapter; or (vi) the registrant was liable in accordance with section 49 eleven hundred eleven-f of this chapter for a violation of subdivision 50 (d) of section eleven hundred eleven of this chapter, the commissioner 51 or his or her agent shall deny the registration or renewal application 52 until the applicant provides proof from the court or administrative 53 tribunal wherein the charges are pending that an appearance or answer 54 has been made or in the case of an administrative tribunal that he or 55 she has complied with the rules and regulations of said tribunal follow- 56 ing entry of a final decision. Where an application is denied pursuantA. 8287 4 1 to this section, the commissioner may, in his or her discretion, deny a 2 registration or renewal application to any other person for the same 3 vehicle and may deny a registration or renewal application for any other 4 motor vehicle registered in the name of the applicant where the commis- 5 sioner has determined that such registrant's intent has been to evade 6 the purposes of this subdivision and where the commissioner has reason- 7 able grounds to believe that such registration or renewal will have the 8 effect of defeating the purposes of this subdivision. Such denial shall 9 only remain in effect as long as the summonses remain unanswered, or in 10 the case of an administrative tribunal, the registrant fails to comply 11 with the rules and regulations following entry of a final decision. 12 § 1-c. Paragraph a of subdivision 5-a of section 401 of the vehicle 13 and traffic law, as amended by section 8-c of chapter 222 of the laws of 14 2015, is amended to read as follows: 15 a. If at the time of application for a registration or renewal thereof 16 there is a certification from a court or administrative tribunal of 17 appropriate jurisdiction that the registrant or his or her represen- 18 tative failed to appear on the return date or any subsequent adjourned 19 date or failed to comply with the rules and regulations of an adminis- 20 trative tribunal following entry of a final decision in response to 21 three or more summonses or other process, issued within an eighteen 22 month period, charging that: (i) such motor vehicle was parked, stopped 23 or standing, or that such motor vehicle was operated for hire by the 24 registrant or his or her agent without being licensed as a motor vehicle 25 for hire by the appropriate local authority, in violation of any of the 26 provisions of this chapter or of any law, ordinance, rule or regulation 27 made by a local authority; or (ii) the registrant was liable in accord- 28 ance with section eleven hundred eleven-d of this chapter for a 29 violation of subdivision (d) of section eleven hundred eleven of this 30 chapter; or (iii) the registrant was liable in accordance with section 31 eleven hundred eighty-b of this chapter for violations of subdivision 32 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- 33 ter[,]; or (iv) the registrant was liable in accordance with section 34 eleven hundred eleven-e of this chapter for a violation of subdivision 35 (d) of section eleven hundred eleven of this chapter; or (v) the regis- 36 trant was liable in accordance with section eleven hundred eleven-f of 37 this chapter for a violation of subdivision (d) of section eleven 38 hundred eleven of this chapter, the commissioner or his or her agent 39 shall deny the registration or renewal application until the applicant 40 provides proof from the court or administrative tribunal wherein the 41 charges are pending that an appearance or answer has been made or in the 42 case of an administrative tribunal that he has complied with the rules 43 and regulations of said tribunal following entry of a final decision. 44 Where an application is denied pursuant to this section, the commission- 45 er may, in his or her discretion, deny a registration or renewal appli- 46 cation to any other person for the same vehicle and may deny a registra- 47 tion or renewal application for any other motor vehicle registered in 48 the name of the applicant where the commissioner has determined that 49 such registrant's intent has been to evade the purposes of this subdivi- 50 sion and where the commissioner has reasonable grounds to believe that 51 such registration or renewal will have the effect of defeating the 52 purposes of this subdivision. Such denial shall only remain in effect as 53 long as the summonses remain unanswered, or in the case of an adminis- 54 trative tribunal, the registrant fails to comply with the rules and 55 regulations following entry of a final decision.A. 8287 5 1 § 1-d. Paragraph a of subdivision 5-a of section 401 of the vehicle 2 and traffic law, as amended by section 8-d of chapter 222 of the laws of 3 2015, is amended to read as follows: 4 a. If at the time of application for a registration or renewal thereof 5 there is a certification from a court or administrative tribunal of 6 appropriate jurisdiction that the registrant or his or her represen- 7 tative failed to appear on the return date or any subsequent adjourned 8 date or failed to comply with the rules and regulations of an adminis- 9 trative tribunal following entry of a final decision in response to 10 three or more summonses or other process, issued within an eighteen 11 month period, charging that such motor vehicle was parked, stopped or 12 standing, or that such motor vehicle was operated for hire by the regis- 13 trant or his agent without being licensed as a motor vehicle for hire by 14 the appropriate local authority, in violation of any of the provisions 15 of this chapter or of any law, ordinance, rule or regulation made by a 16 local authority, or the registrant was liable in accordance with section 17 eleven hundred eleven-d of this chapter for a violation of subdivision 18 (d) of section eleven hundred eleven of this chapter, or the registrant 19 was liable in accordance with section eleven hundred eleven-e of this 20 chapter for a violation of subdivision (d) of section eleven hundred 21 eleven of this chapter, or the registrant was liable in accordance with 22 section eleven hundred eleven-f of this chapter for a violation of 23 subdivision (d) of section eleven hundred eleven of this chapter, the 24 commissioner or his or her agent shall deny the registration or renewal 25 application until the applicant provides proof from the court or admin- 26 istrative tribunal wherein the charges are pending that an appearance or 27 answer has been made or in the case of an administrative tribunal that 28 he or she has complied with the rules and regulations of said tribunal 29 following entry of a final decision. Where an application is denied 30 pursuant to this section, the commissioner may, in his or her 31 discretion, deny a registration or renewal application to any other 32 person for the same vehicle and may deny a registration or renewal 33 application for any other motor vehicle registered in the name of the 34 applicant where the commissioner has determined that such registrant's 35 intent has been to evade the purposes of this subdivision and where the 36 commissioner has reasonable grounds to believe that such registration or 37 renewal will have the effect of defeating the purposes of this subdivi- 38 sion. Such denial shall only remain in effect as long as the summonses 39 remain unanswered, or in the case of an administrative tribunal, the 40 registrant fails to comply with the rules and regulations following 41 entry of a final decision. 42 § 1-e. Paragraph a of subdivision 5-a of section 401 of the vehicle 43 and traffic law, as amended by section 8-f of chapter 222 of the laws of 44 2015, is amended to read as follows: 45 a. If at the time of application for a registration or renewal thereof 46 there is a certification from a court or administrative tribunal of 47 appropriate jurisdiction that the registrant or his or her represen- 48 tative failed to appear on the return date or any subsequent adjourned 49 date or failed to comply with the rules and regulations of an adminis- 50 trative tribunal following entry of a final decision in response to 51 three or more summonses or other process, issued within an eighteen 52 month period, charging that such motor vehicle was parked, stopped or 53 standing, or that such motor vehicle was operated for hire by the regis- 54 trant or his or her agent without being licensed as a motor vehicle for 55 hire by the appropriate local authority, in violation of any of the 56 provisions of this chapter or of any law, ordinance, rule or regulationA. 8287 6 1 made by a local authority, or the registrant was liable in accordance 2 with section eleven hundred eleven-e of this chapter for a violation of 3 subdivision (d) of section eleven hundred eleven of this chapter, or the 4 registrant was liable in accordance with section eleven hundred eleven-f 5 of this chapter for a violation of subdivision (d) of section eleven 6 hundred eleven of this chapter, the commissioner or his or her agent 7 shall deny the registration or renewal application until the applicant 8 provides proof from the court or administrative tribunal wherein the 9 charges are pending that an appearance or answer has been made or in the 10 case of an administrative tribunal that he has complied with the rules 11 and regulations of said tribunal following entry of a final decision. 12 Where an application is denied pursuant to this section, the commission- 13 er may, in his or her discretion, deny a registration or renewal appli- 14 cation to any other person for the same vehicle and may deny a registra- 15 tion or renewal application for any other motor vehicle registered in 16 the name of the applicant where the commissioner has determined that 17 such registrant's intent has been to evade the purposes of this subdivi- 18 sion and where the commissioner has reasonable grounds to believe that 19 such registration or renewal will have the effect of defeating the 20 purposes of this subdivision. Such denial shall only remain in effect as 21 long as the summonses remain unanswered, or in the case of an adminis- 22 trative tribunal, the registrant fails to comply with the rules and 23 regulations following entry of a final decision. 24 § 1-f. Paragraph a of subdivision 5-a of section 401 of the vehicle 25 and traffic law, as separately amended by chapters 339 and 592 of the 26 laws of 1987, is amended to read as follows: 27 a. If at the time of application for a registration or renewal thereof 28 there is a certification from a court or administrative tribunal of 29 appropriate jurisdiction that the registrant or his representative 30 failed to appear on the return date or any subsequent adjourned date or 31 failed to comply with the rules and regulations of an administrative 32 tribunal following entry of a final decision in response to three or 33 more summonses or other process, issued within an eighteen month period, 34 charging that such motor vehicle was parked, stopped or standing, or 35 that such motor vehicle was operated for hire by the registrant or his 36 agent without being licensed as a motor vehicle for hire by the appro- 37 priate local authority, in violation of any of the provisions of this 38 chapter or of any law, ordinance, rule or regulation made by a local 39 authority, or the registrant was liable in accordance with section elev- 40 en hundred eleven-f of this chapter for a violation of subdivision (d) 41 of section eleven hundred eleven of this chapter, the commissioner or 42 his agent shall deny the registration or renewal application until the 43 applicant provides proof from the court or administrative tribunal wher- 44 ein the charges are pending that an appearance or answer has been made 45 or in the case of an administrative tribunal that he has complied with 46 the rules and regulations of said tribunal following entry of a final 47 decision. Where an application is denied pursuant to this section, the 48 commissioner may, in his discretion, deny a registration or renewal 49 application to any other person for the same vehicle and may deny a 50 registration or renewal application for any other motor vehicle regis- 51 tered in the name of the applicant where the commissioner has determined 52 that such registrant's intent has been to evade the purposes of this 53 subdivision and where the commissioner has reasonable grounds to believe 54 that such registration or renewal will have the effect of defeating the 55 purposes of this subdivision. Such denial shall only remain in effect as 56 long as the summonses remain unanswered, or in the case of an adminis-A. 8287 7 1 trative tribunal, the registrant fails to comply with the rules and 2 regulations following entry of a final decision. 3 § 2. The vehicle and traffic law amended by adding a new section 4 1111-f to read as follows: 5 § 1111-f. Owner liability for failure of operator to comply with 6 traffic-control indications. (a) 1. Notwithstanding any other provision 7 of law, the county of Westchester is hereby authorized and empowered to 8 adopt and amend a local law or ordinance establishing a demonstration 9 program imposing monetary liability on the owner of a vehicle for fail- 10 ure of an operator thereof to comply with traffic-control indications in 11 such county in accordance with the provisions of this section. Such 12 demonstration program shall empower such county to install and operate 13 traffic-control signal photo violation-monitoring devices at no more 14 than fifty intersections within and under the jurisdiction of such coun- 15 ty at any one time. 16 2. Such demonstration program shall utilize necessary technologies to 17 ensure, to the extent practicable, that photographs produced by such 18 traffic-control signal photo violation-monitoring systems shall not 19 include images that identify the driver, the passengers, or the contents 20 of the vehicle. Provided, however, that no notice of liability issued 21 pursuant to this section shall be dismissed solely because a photograph 22 or photographs allow for the identification of the contents of a vehi- 23 cle, provided that such county has made a reasonable effort to comply 24 with the provisions of this paragraph. 25 (b) In any such county which has adopted a local law or ordinance 26 pursuant to subdivision (a) of this section, the owner of a vehicle 27 shall be liable for a penalty imposed pursuant to this section if such 28 vehicle was used or operated with the permission of the owner, express 29 or implied, in violation of subdivision (d) of section eleven hundred 30 eleven of this article, and such violation is evidenced by information 31 obtained from a traffic-control signal photo violation-monitoring 32 system; provided however that no owner of a vehicle shall be liable for 33 a penalty imposed pursuant to this section where the operator of such 34 vehicle has been convicted of the underlying violation of subdivision 35 (d) of section eleven hundred eleven of this article. 36 (c) For purposes of this section, "owner" shall have the meaning 37 provided in article two-B of this chapter. For purposes of this section, 38 "traffic-control signal photo violation-monitoring system" shall mean a 39 vehicle sensor installed to work in conjunction with a traffic-control 40 signal which automatically produces two or more photographs, two or more 41 microphotographs, a videotape or other recorded images of each vehicle 42 at the time it is used or operated in violation of subdivision (d) of 43 section eleven hundred eleven of this article. 44 (d) A certificate, sworn to or affirmed by a technician employed by 45 Westchester county in which the charged violation occurred, or a facsim- 46 ile thereof, based upon inspection of photographs, microphotographs, 47 videotape or other recorded images produced by a traffic-control signal 48 photo violation-monitoring system, shall be prima facie evidence of the 49 facts contained therein. Any photographs, microphotographs, videotape or 50 other recorded images evidencing such a violation shall be available for 51 inspection in any proceeding to adjudicate the liability for such 52 violation pursuant to a local law or ordinance adopted pursuant to this 53 section. 54 (e) An owner liable for a violation of subdivision (d) of section 55 eleven hundred eleven of this article pursuant to a local law or ordi- 56 nance adopted pursuant to this section shall be liable for monetaryA. 8287 8 1 penalties in accordance with a schedule of fines and penalties to be set 2 forth in such local law or ordinance. The liability of the owner pursu- 3 ant to this section shall not exceed fifty dollars for each violation; 4 provided, however, that such local law or ordinance may provide for an 5 additional penalty not in excess of twenty-five dollars for each 6 violation for the failure to respond to a notice of liability within the 7 prescribed time period. 8 (f) An imposition of liability under a local law or ordinance adopted 9 pursuant to this section shall not be deemed a conviction as an operator 10 and shall not be made part of the operating record of the person upon 11 whom such liability is imposed nor shall it be used for insurance 12 purposes in the provision of motor vehicle insurance coverage. 13 (g) 1. A notice of liability shall be sent by first class mail to each 14 person alleged to be liable as an owner for a violation of subdivision 15 (d) of section eleven hundred eleven of this article pursuant to this 16 section. Personal delivery on the owner shall not be required. A manual 17 or automatic record of mailing prepared in the ordinary course of busi- 18 ness shall be prima facie evidence of the facts contained therein. 19 2. A notice of liability shall contain the name and address of the 20 person alleged to be liable as an owner for a violation of subdivision 21 (d) of section eleven hundred eleven of this article pursuant to this 22 section, the registration number of the vehicle involved in such 23 violation, the location where such violation took place, the date and 24 time of such violation and the identification number of the camera which 25 recorded the violation or other document locator number. 26 3. The notice of liability shall contain information advising the 27 person charged of the manner and the time in which he or she may contest 28 the liability alleged in the notice. Such notice of liability shall also 29 contain a warning to advise the persons charged that failure to contest 30 in the manner and time provided shall be deemed an admission of liabil- 31 ity and that a default judgment may be entered thereon. 32 4. The notice of liability shall be prepared and mailed by Westchester 33 county or by any other entity authorized by such county to prepare and 34 mail such notification of violation. 35 (h) Adjudication of the liability imposed upon owners by this section 36 shall be by a traffic violations bureau established pursuant to section 37 three hundred seventy of the general municipal law where the violation 38 occurred or, if there be none, by the court having jurisdiction over 39 traffic infractions. 40 (i) If an owner receives a notice of liability pursuant to this 41 section for any time period during which the vehicle was reported to the 42 police department as having been stolen, it shall be a valid defense to 43 an allegation of liability for a violation of subdivision (d) of section 44 eleven hundred eleven of this article pursuant to this section that the 45 vehicle had been reported to the police as stolen prior to the time the 46 violation occurred and had not been recovered by such time. For purposes 47 of asserting the defense provided by this subdivision it shall be suffi- 48 cient that a certified copy of the police report on the stolen vehicle 49 be sent by first class mail to the court having jurisdiction. 50 (j) An owner who is a lessor of a vehicle to which a notice of liabil- 51 ity was issued pursuant to subdivision (g) of this section shall not be 52 liable for the violation of subdivision (d) of section eleven hundred 53 eleven of this article, provided that he or she sends to the court 54 having jurisdiction a copy of the rental, lease or other such contract 55 document covering such vehicle on the date of the violation, with the 56 name and address of the lessee clearly legible, within thirty-seven daysA. 8287 9 1 after receiving notice from the court of the date and time of such 2 violation, together with the other information contained in the original 3 notice of liability. Failure to send such information within such thir- 4 ty-seven day time period shall render the owner liable for the penalty 5 prescribed by this section. Where the lessor complies with the 6 provisions of this subdivision, the lessee of such vehicle on the date 7 of such violation shall be deemed to be the owner of such vehicle for 8 purposes of this section, shall be subject to liability for the 9 violation of subdivision (d) of section eleven hundred eleven of this 10 article pursuant to this section and shall be sent a notice of liability 11 pursuant to subdivision (g) of this section. 12 (k) 1. If the owner liable for a violation of subdivision (d) of 13 section eleven hundred eleven of this article pursuant to this section 14 was not the operator of the vehicle at the time of the violation, the 15 owner may maintain an action for indemnification against the operator. 16 2. Notwithstanding any other provision of this section, no owner of a 17 vehicle shall be subject to a monetary fine imposed pursuant to this 18 section if the operator of such vehicle was operating such vehicle with- 19 out the consent of the owner at the time such operator failed to obey a 20 traffic-control indication. For purposes of this subdivision there shall 21 be a presumption that the operator of such vehicle was operating such 22 vehicle with the consent of the owner at the time such operator failed 23 to obey a traffic-control indication. 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 (d) of 26 section eleven hundred eleven of this article. 27 (m) When a county has established a demonstration program pursuant to 28 this section, all fines and penalties collected under such program shall 29 be distributed in accordance with subdivision ten of section eighteen 30 hundred three of this chapter. 31 (n) Any county that adopts a demonstration program pursuant to subdi- 32 vision (a) of this section shall submit an annual report detailing the 33 results of the use of such traffic-control signal photo violation-moni- 34 toring system to the governor, the temporary president of the senate and 35 the speaker of the assembly on or before June first, two thousand twenty 36 and on the same date in each succeeding year in which the demonstration 37 program is operable. Such report shall include, but not be limited to: 38 1. a description of the locations where traffic-control signal photo 39 violation-monitoring systems were used; 40 2. the aggregate number, type and severity of accidents reported at 41 intersections where a traffic-control signal photo violation-monitoring 42 system is used for the three years preceding the installation of such 43 system, to the extent the information is maintained by the department; 44 3. the aggregate number, type and severity of accidents reported at 45 intersections where a traffic-control signal photo violation-monitoring 46 system is used for the reporting year, as well as for each year that the 47 traffic-control signal photo violation-monitoring system has been opera- 48 tional, to the extent the information is maintained by the department; 49 4. the number of events and number of violations recorded at each 50 intersection where a traffic-control signal photo violation-monitoring 51 system is used and in the aggregate on a daily, weekly and monthly 52 basis; 53 5. the number of notices of liability issued for violations recorded 54 by such system at each intersection where a traffic-control signal photo 55 violation-monitoring system is used;A. 8287 10 1 6. the number of fines imposed and total amount of fines paid after 2 first notice of liability; 3 7. the number and percentage of violations adjudicated and results of 4 such adjudications including breakdowns of disposition made for 5 violations recorded by such systems which shall be provided at least 6 annually to such county by the respective courts and bureaus conducting 7 such adjudications; 8 8. the total amount of revenue realized by such county from such adju- 9 dications including a breakdown of revenue realized by such county for 10 each year since deployment of its traffic-control signal photo viola- 11 tion-monitoring system; 12 9. expenses incurred by such county in connection with the program; 13 and 14 10. quality of the adjudication process and its results which shall be 15 provided at least annually to such county by the respective courts and 16 bureaus conducting such adjudications. 17 (o) It shall be a defense to any prosecution for a violation of subdi- 18 vision (d) of section eleven hundred eleven of this article pursuant to 19 a local law or ordinance adopted pursuant to this section that such 20 traffic-control indications were malfunctioning at the time of the 21 alleged violation. 22 § 3. Subdivision 3 of section 1803 of the vehicle and traffic law, as 23 amended by chapter 679 of the laws of 1970, is amended and a new subdi- 24 vision 10 is added read as follows: 25 3. All fines, penalties and forfeitures paid to a city, town or 26 village pursuant to the provisions of paragraph a of subdivision one of 27 this section and subdivision ten of this section shall be credited to 28 the general fund of such city, town or village, unless a different 29 disposition is prescribed by charter, special law, local law or ordi- 30 nance. 31 10. Notwithstanding the provisions of subdivision three of section 32 ninety-nine-a of the state finance law, where the county of Westchester 33 has established a demonstration program imposing monetary liability on 34 the owner of a vehicle for failure of an operator thereof to comply with 35 subdivision (d) of section eleven hundred eleven of this chapter in 36 accordance with section eleven hundred eleven-f of this chapter, any 37 fine or penalty collected by a court, judge, magistrate or other officer 38 for an imposition of liability which occurs within a town or village 39 within such county pursuant to such program shall be paid to the state 40 comptroller within the first ten days of the month following collection. 41 Every such payment shall be accompanied by a statement in such form and 42 detail as the comptroller shall provide. The comptroller shall pay 43 eighty percent of any such fine or penalty imposed for such liability to 44 the county of Westchester, and twenty percent of any such fine or penal- 45 ty to the town or village in which the violation giving rise to the 46 liability occurred. 47 § 4. The opening paragraph and paragraph (c) of subdivision 1 of 48 section 1809 of the vehicle and traffic law, as amended by section 10 of 49 chapter 222 of the laws of 2015, are amended to read as follows: 50 Whenever proceedings in an administrative tribunal or a court of this 51 state result in a conviction for an offense under this chapter or a 52 traffic infraction under this chapter, or a local law, ordinance, rule 53 or regulation adopted pursuant to this chapter, other than a traffic 54 infraction involving standing, stopping, or parking or violations by 55 pedestrians or bicyclists, or other than an adjudication of liability of 56 an owner for a violation of subdivision (d) of section eleven hundredA. 8287 11 1 eleven of this chapter in accordance with section eleven hundred 2 eleven-a of this chapter, or other than an adjudication of liability of 3 an owner for a violation of subdivision (d) of section eleven hundred 4 eleven of this chapter in accordance with section eleven hundred 5 eleven-b of this chapter, or other than an adjudication in accordance 6 with section eleven hundred eleven-c of this chapter for a violation of 7 a bus lane restriction as defined in such section, or other than an 8 adjudication of liability of an owner for a violation of subdivision (d) 9 of section eleven hundred eleven of this chapter in accordance with 10 section eleven hundred eleven-d of this chapter, or other than an adju- 11 dication of liability of an owner for a violation of subdivision (b), 12 (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in 13 accordance with section eleven hundred eighty-b of this chapter, or 14 other than an adjudication of liability of an owner for a violation of 15 subdivision (d) of section eleven hundred eleven of this chapter in 16 accordance with section eleven hundred eleven-e of this chapter, or 17 other than an adjudication of liability of an owner for a violation of 18 subdivision (d) of section eleven hundred eleven of this chapter in 19 accordance with section eleven hundred eleven-f of this chapter, there 20 shall be levied a crime victim assistance fee and a mandatory surcharge, 21 in addition to any sentence required or permitted by law, in accordance 22 with the following schedule: 23 (c) Whenever proceedings in an administrative tribunal or a court of 24 this state result in a conviction for an offense under this chapter 25 other than a crime pursuant to section eleven hundred ninety-two of this 26 chapter, or a traffic infraction under this chapter, or a local law, 27 ordinance, rule or regulation adopted pursuant to this chapter, other 28 than a traffic infraction involving standing, stopping, or parking or 29 violations by pedestrians or bicyclists, or other than an adjudication 30 of liability of an owner for a violation of subdivision (d) of section 31 eleven hundred eleven of this chapter in accordance with section eleven 32 hundred eleven-a of this chapter, or other than an adjudication of 33 liability of an owner for a violation of subdivision (d) of section 34 eleven hundred eleven of this chapter in accordance with section eleven 35 hundred eleven-b of this chapter, or other than an adjudication of 36 liability of an owner for a violation of subdivision (d) of section 37 eleven hundred eleven of this chapter in accordance with section eleven 38 hundred eleven-d of this chapter, or other than an infraction pursuant 39 to article nine of this chapter or other than an adjudication of liabil- 40 ity of an owner for a violation of toll collection regulations pursuant 41 to section two thousand nine hundred eighty-five of the public authori- 42 ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven 43 hundred seventy-four of the laws of nineteen hundred fifty or other than 44 an adjudication in accordance with section eleven hundred eleven-c of 45 this chapter for a violation of a bus lane restriction as defined in 46 such section, or other than an adjudication of liability of an owner for 47 a violation of subdivision (b), (c), (d), (f) or (g) of section eleven 48 hundred eighty of this chapter in accordance with section eleven hundred 49 eighty-b of this chapter, or other than an adjudication of liability of 50 an owner for a violation of subdivision (d) of section eleven hundred 51 eleven of this chapter in accordance with section eleven hundred 52 eleven-e of this chapter, or other than an adjudication of liability of 53 an owner for a violation of subdivision (d) of section eleven hundred 54 eleven of this chapter in accordance with section eleven hundred 55 eleven-f of this chapter, there shall be levied a crime victim assist- 56 ance fee in the amount of five dollars and a mandatory surcharge, inA. 8287 12 1 addition to any sentence required or permitted by law, in the amount of 2 fifty-five dollars. 3 § 4-a. Subdivision 1 of section 1809 of the vehicle and traffic law, 4 as amended by section 10-a 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, or a local law, ordinance, rule 9 or regulation adopted pursuant to this chapter, other than a traffic 10 infraction involving standing, stopping, parking or motor vehicle equip- 11 ment or violations by pedestrians or bicyclists, or other than an adju- 12 dication of liability of an owner for a violation of subdivision (d) of 13 section eleven hundred eleven of this chapter in accordance with section 14 eleven hundred eleven-a of this chapter, or other than an adjudication 15 of 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 in 18 accordance with section eleven hundred eleven-c of this chapter for a 19 violation of a bus lane restriction as defined in such section, or other 20 than an adjudication of liability of an owner for a violation of subdi- 21 vision (d) of section eleven hundred eleven of this chapter in accord- 22 ance with section eleven hundred eleven-d of this chapter, or other than 23 an adjudication of liability of an owner for a violation of subdivision 24 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- 25 ter in accordance with section eleven hundred eighty-b of this chapter, 26 or other than an adjudication of liability of an owner for a violation 27 of subdivision (d) of section eleven hundred eleven of this chapter in 28 accordance with section eleven hundred eleven-e of this chapter, or 29 other than an adjudication of liability of an owner for a violation of 30 subdivision (d) of section eleven hundred eleven of this chapter in 31 accordance with section eleven hundred eleven-f of this chapter, there 32 shall be levied a mandatory surcharge, in addition to any sentence 33 required or permitted by law, in the amount of twenty-five dollars. 34 § 4-b. Subdivision 1 of section 1809 of the vehicle and traffic law, 35 as amended by section 10-b of chapter 222 of the laws of 2015, is 36 amended to read as follows: 37 1. Whenever proceedings in an administrative tribunal or a court of 38 this state result in a conviction for a crime under this chapter or a 39 traffic infraction under this chapter other than a traffic infraction 40 involving standing, stopping, parking or motor vehicle equipment or 41 violations by pedestrians or bicyclists, or other than an adjudication 42 in accordance with section eleven hundred eleven-c of this chapter for a 43 violation of a bus lane restriction as defined in such section, or other 44 than an adjudication of liability of an owner for a violation of subdi- 45 vision (d) of section eleven hundred eleven of this chapter in accord- 46 ance with section eleven hundred eleven-d of this chapter, or other than 47 an adjudication of liability of an owner for a violation of subdivision 48 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- 49 ter in accordance with section eleven hundred eighty-b of this chapter, 50 or other than an adjudication of liability of an owner for a violation 51 of subdivision (d) of section eleven hundred eleven of this chapter in 52 accordance with section eleven hundred eleven-e of this chapter, or 53 other than an adjudication of liability of an owner for a violation of 54 subdivision (d) of section eleven hundred eleven of this chapter in 55 accordance with section eleven hundred eleven-f of this chapter, thereA. 8287 13 1 shall be levied a mandatory surcharge, in addition to any sentence 2 required or permitted by law, in the amount of seventeen dollars. 3 § 4-c. Subdivision 1 of section 1809 of the vehicle and traffic law, 4 as amended by section 10-c 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 (b), (c), (d), 12 (f) or (g) of section eleven hundred eighty of this chapter in accord- 13 ance with section eleven hundred eighty-b of this chapter, or other than 14 an adjudication of liability of an owner for a violation of subdivision 15 (d) of section eleven hundred eleven of this chapter in accordance with 16 section eleven hundred eleven-d of this chapter, or other than an adju- 17 dication of liability of an owner for a violation of subdivision (d) of 18 section eleven hundred eleven of this chapter in accordance with section 19 eleven hundred eleven-e of this chapter, or other than an adjudication 20 of liability of an owner for a violation of subdivision (d) of section 21 eleven hundred eleven of this chapter in accordance with section eleven 22 hundred eleven-f of this chapter, there shall be levied a mandatory 23 surcharge, in addition to any sentence required or permitted by law, in 24 the amount of seventeen dollars. 25 § 4-d. Subdivision 1 of section 1809 of the vehicle and traffic law, 26 as amended by section 10-d of chapter 222 of the laws of 2015, is 27 amended to read as follows: 28 1. Whenever proceedings in an administrative tribunal or a court of 29 this state result in a conviction for a crime under this chapter or a 30 traffic infraction under this chapter other than a traffic infraction 31 involving standing, stopping, parking or motor vehicle equipment or 32 violations by pedestrians or bicyclists, or other than an adjudication 33 of liability of an owner for a violation of subdivision (d) of section 34 eleven hundred eleven of this chapter in accordance with section eleven 35 hundred eleven-d of this chapter, or other than an adjudication of 36 liability of an owner for a violation of subdivision (d) of section 37 eleven hundred eleven of this chapter in accordance with section eleven 38 hundred eleven-e of this chapter, or other than an adjudication of 39 liability of an owner for a violation of subdivision (d) of section 40 eleven hundred eleven of this chapter in accordance with section eleven 41 hundred eleven-f of this chapter, there shall be levied a mandatory 42 surcharge, in addition to any sentence required or permitted by law, in 43 the amount of seventeen dollars. 44 § 4-e. Subdivision 1 of section 1809 of the vehicle and traffic law, 45 as amended by section 10-f 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 other than a traffic infraction 50 involving standing, stopping, parking or motor vehicle equipment or 51 violations by pedestrians or bicyclists, or other than an adjudication 52 of liability of an owner for a violation of subdivision (d) of section 53 eleven hundred eleven of this chapter in accordance with section eleven 54 hundred eleven-e of this chapter, or other than an adjudication of 55 liability of an owner for a violation of subdivision (d) of section 56 eleven hundred eleven of this chapter in accordance with section elevenA. 8287 14 1 hundred eleven-f of this chapter, there shall be levied a mandatory 2 surcharge, in addition to any sentence required or permitted by law, in 3 the amount of seventeen dollars. 4 § 4-f. Subdivision 1 of section 1809 of the vehicle and traffic law, 5 as separately amended by chapter 16 of the laws of 1983 and chapter 62 6 of the laws of 1989, is amended to read as follows: 7 1. Whenever proceedings in an administrative tribunal or a court of 8 this state result in a conviction for a crime under this chapter or a 9 traffic infraction under this chapter other than a traffic infraction 10 involving standing, stopping, parking or motor vehicle equipment or 11 violations by pedestrians or bicyclists, or other than an adjudication 12 of liability of an owner for a violation of subdivision (d) of section 13 eleven hundred eleven of this chapter in accordance with section eleven 14 hundred eleven-f of this chapter, there shall be levied a mandatory 15 surcharge, in addition to any sentence required or permitted by law, in 16 the amount of seventeen dollars. 17 § 5. Paragraph a of subdivision 1 of section 1809-e of the vehicle and 18 traffic law, as amended by section 11 of chapter 222 of the laws of 19 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 eleven-f of this 33 chapter, and except an adjudication of liability of an owner for a 34 violation of subdivision (d) of section eleven hundred eleven of this 35 chapter in accordance with section eleven hundred eleven-b of this chap- 36 ter, and except an adjudication in accordance with section eleven 37 hundred eleven-c of this chapter of a violation of a bus lane 38 restriction as defined in such section, and [expect] except an adjudi- 39 cation of liability of an owner for a violation of subdivision (b), (c), 40 (d), (f) or (g) of section eleven hundred eighty of this chapter in 41 accordance with section eleven hundred eighty-b of this chapter, and 42 except an adjudication of liability of an owner for a violation of toll 43 collection regulations pursuant to section two thousand nine hundred 44 eighty-five of the public authorities law or sections sixteen-a, 45 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the 46 laws of nineteen hundred fifty, there shall be levied in addition to any 47 sentence, penalty or other surcharge required or permitted by law, an 48 additional surcharge of twenty-eight dollars. 49 § 5-a. Paragraph a of subdivision 1 of section 1809-e of the vehicle 50 and traffic law, as amended by section 11-a of chapter 222 of the laws 51 of 2015, is amended to read as follows: 52 a. Notwithstanding any other provision of law, whenever proceedings in 53 a court or an administrative tribunal of this state result in a 54 conviction for an offense under this chapter, except a conviction pursu- 55 ant to section eleven hundred ninety-two of this chapter, or for a traf- 56 fic infraction under this chapter, or a local law, ordinance, rule orA. 8287 15 1 regulation adopted pursuant to this chapter, except a traffic infraction 2 involving standing, stopping, or parking or violations by pedestrians or 3 bicyclists, and except an adjudication of liability of an owner for a 4 violation of subdivision (d) of section eleven hundred eleven of this 5 chapter in accordance with section eleven hundred eleven-a of this chap- 6 ter or in accordance with section eleven hundred eleven-d of this chap- 7 ter or in accordance with section eleven hundred eleven-e of this chap- 8 ter or in accordance with section eleven hundred eleven-f of this 9 chapter, and except an adjudication in accordance with section eleven 10 hundred eleven-c of this chapter of a violation of a bus lane 11 restriction as defined in such section, and except an adjudication of 12 liability of an owner for a violation of subdivision (b), (c), (d), (f) 13 or (g) of section eleven hundred eighty of this chapter in accordance 14 with section eleven hundred eighty-b of this chapter, and except an 15 adjudication of liability of an owner for a violation of toll collection 16 regulations pursuant to section two thousand nine hundred eighty-five of 17 the public authorities law or sections sixteen-a, sixteen-b and 18 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen 19 hundred fifty, there shall be levied in addition to any sentence, penal- 20 ty or other surcharge required or permitted by law, an additional 21 surcharge of twenty-eight dollars. 22 § 5-b. Paragraph a of subdivision 1 of section 1809-e of the vehicle 23 and traffic law, as amended by section 11-b of chapter 222 of the laws 24 of 2015, is amended to read as follows: 25 a. Notwithstanding any other provision of law, whenever proceedings in 26 a court or an administrative tribunal of this state result in a 27 conviction for an offense under this chapter, except a conviction pursu- 28 ant to section eleven hundred ninety-two of this chapter, or for a traf- 29 fic infraction under this chapter, or a local law, ordinance, rule or 30 regulation adopted pursuant to this chapter, except a traffic infraction 31 involving standing, stopping, or parking or violations by pedestrians or 32 bicyclists, and except an adjudication of liability of an owner for a 33 violation of subdivision (d) of section eleven hundred eleven of this 34 chapter in accordance with section eleven hundred eleven-a of this chap- 35 ter or in accordance with section eleven hundred eleven-d of this chap- 36 ter or in accordance with section eleven hundred eleven-e of this chap- 37 ter or in accordance with section eleven hundred eleven-f of this 38 chapter, and except an adjudication of liability of an owner for a 39 violation of subdivision (b), (c), (d), (f) or (g) of section eleven 40 hundred eighty of this chapter in accordance with section eleven hundred 41 eighty-b of this chapter, and except an adjudication of liability of an 42 owner for a violation of toll collection regulations pursuant to section 43 two thousand nine hundred eighty-five of the public authorities law or 44 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred 45 seventy-four of the laws of nineteen hundred fifty, there shall be 46 levied in addition to any sentence, penalty or other surcharge required 47 or permitted by law, an additional surcharge of twenty-eight dollars. 48 § 5-c. Paragraph a of subdivision 1 of section 1809-e of the vehicle 49 and traffic law, as amended by section 11-c of chapter 222 of the laws 50 of 2015, is amended to read as follows: 51 a. Notwithstanding any other provision of law, whenever proceedings in 52 a court or an administrative tribunal of this state result in a 53 conviction for an offense under this chapter, except a conviction pursu- 54 ant to section eleven hundred ninety-two of this chapter, or for a traf- 55 fic infraction under this chapter, or a local law, ordinance, rule or 56 regulation adopted pursuant to this chapter, except a traffic infractionA. 8287 16 1 involving standing, stopping, or parking or violations by pedestrians or 2 bicyclists, and except an adjudication of liability of an owner for a 3 violation of subdivision (d) of section eleven hundred eleven of this 4 chapter in accordance with section eleven hundred eleven-a of this chap- 5 ter or in accordance with section eleven hundred eleven-d of this chap- 6 ter or in accordance with section eleven hundred eleven-e of this chap- 7 ter or in accordance with section eleven hundred eleven-f of this 8 chapter, and except an adjudication of liability of an owner for a 9 violation of toll collection regulations pursuant to section two thou- 10 sand nine hundred eighty-five of the public authorities law or sections 11 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four 12 of the laws of nineteen hundred fifty, there shall be levied in addition 13 to any sentence, penalty or other surcharge required or permitted by 14 law, an additional surcharge of twenty-eight dollars. 15 § 5-d. Paragraph a of subdivision 1 of section 1809-e of the vehicle 16 and traffic law, as amended by section 11-e of chapter 222 of the laws 17 of 2015, is amended to read as follows: 18 a. Notwithstanding any other provision of law, whenever proceedings in 19 a court or an administrative tribunal of this state result in a 20 conviction for an offense under this chapter, except a conviction pursu- 21 ant to section eleven hundred ninety-two of this chapter, or for a traf- 22 fic infraction under this chapter, or a local law, ordinance, rule or 23 regulation adopted pursuant to this chapter, except a traffic infraction 24 involving standing, stopping, or parking or violations by pedestrians or 25 bicyclists, and except an adjudication of liability of an owner for a 26 violation of subdivision (d) of section eleven hundred eleven of this 27 chapter in accordance with section eleven hundred eleven-a of this chap- 28 ter or in accordance with section eleven hundred eleven-e of this chap- 29 ter or in accordance with section eleven hundred eleven-f of this chap- 30 ter, and except an adjudication of liability of an owner for a violation 31 of toll collection regulations pursuant to section two thousand nine 32 hundred eighty-five of the public authorities law or sections sixteen-a, 33 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the 34 laws of nineteen hundred fifty, there shall be levied in addition to any 35 sentence, penalty or other surcharge required or permitted by law, an 36 additional surcharge of twenty-eight dollars. 37 § 5-e. Paragraph a of subdivision 1 of section 1809-e of the vehicle 38 and traffic law, as amended by section 5 of part C of chapter 55 of the 39 laws of 2013, is amended to read as follows: 40 a. Notwithstanding any other provision of law, whenever proceedings in 41 a court or an administrative tribunal of this state result in a 42 conviction for an offense under this chapter, except a conviction pursu- 43 ant to section eleven hundred ninety-two of this chapter, or for a traf- 44 fic infraction under this chapter, or a local law, ordinance, rule or 45 regulation adopted pursuant to this chapter, except a traffic infraction 46 involving standing, stopping, or parking or violations by pedestrians or 47 bicyclists, and except an adjudication of liability of an owner for a 48 violation of subdivision (d) of section eleven hundred eleven of this 49 chapter in accordance with section eleven hundred eleven-a of this chap- 50 ter or in accordance with section eleven hundred eleven-f of this chap- 51 ter, and except an adjudication of liability of an owner for a violation 52 of toll collection regulations pursuant to section two thousand nine 53 hundred eighty-five of the public authorities law or sections sixteen-a, 54 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the 55 laws of nineteen hundred fifty, there shall be levied in addition to anyA. 8287 17 1 sentence, penalty or other surcharge required or permitted by law, an 2 additional surcharge of twenty-eight dollars. 3 § 6. Subdivision 1 of section 371 of the general municipal law, as 4 amended by section 12 of chapter 222 of the laws of 2015, is amended to 5 read as follows: 6 1. A traffic violations bureau so established may be authorized to 7 dispose of violations of traffic laws, ordinances, rules and regulations 8 when such offenses shall not constitute the traffic infraction known as 9 speeding or a misdemeanor or felony, and, if authorized by local law or 10 ordinance, to adjudicate the liability of owners for violations of 11 subdivision (d) of section eleven hundred eleven of the vehicle and 12 traffic law in accordance with section eleven hundred eleven-a of such 13 law or section eleven hundred eleven-b of such law as added by sections 14 sixteen of chapters twenty, [twenty-one,] and twenty-two of the laws of 15 two thousand nine which amended this subdivision, or section eleven 16 hundred eleven-d of such law, or section eleven hundred eleven-e of such 17 law or section eleven hundred eleven-f of such law. 18 § 6-a. Section 371 of the general municipal law, as amended by section 19 12-a of chapter 222 of the laws of 2015, is amended to read as follows: 20 § 371. Jurisdiction and procedure. A traffic violations bureau so 21 established may be authorized to dispose of violations of traffic laws, 22 ordinances, rules and regulations when such offenses shall not consti- 23 tute the traffic infraction known as speeding or a misdemeanor or felo- 24 ny, and, if authorized by local law or ordinance, to adjudicate the 25 liability of owners for violations of subdivision (d) of section eleven 26 hundred eleven of the vehicle and traffic law in accordance with section 27 eleven hundred eleven-b of such law as added by sections sixteen of 28 chapters twenty, [twenty-one,] and twenty-two of the laws of two thou- 29 sand nine which amended this section or section eleven hundred eleven-d 30 of such law or section eleven hundred eleven-e of such law, or section 31 eleven hundred eleven-f of such law, by permitting a person charged with 32 an offense within the limitations herein stated, to answer, within a 33 specified time, at the traffic violations bureau, either in person or by 34 written power of attorney in such form as may be prescribed in the ordi- 35 nance creating the bureau, by paying a prescribed fine and, in writing, 36 waiving a hearing in court, pleading guilty to the charge or admitting 37 liability as an owner for the violation of subdivision (d) of section 38 eleven hundred eleven of the vehicle and traffic law, as the case may 39 be, and authorizing the person in charge of the bureau to make such a 40 plea or admission and pay such a fine in court. Acceptance of the 41 prescribed fine and power of attorney by the bureau shall be deemed 42 complete satisfaction for the violation or of the liability, and the 43 violator or owner liable for a violation of subdivision (d) of section 44 eleven hundred eleven of the vehicle and traffic law shall be given a 45 receipt which so states. If a person charged with a traffic violation 46 does not answer as hereinbefore prescribed, within a designated time, 47 the bureau shall cause a complaint to be entered against him or her 48 forthwith and a warrant to be issued for his or her arrest and appear- 49 ance before the court. Any person who shall have been, within the 50 preceding twelve months, guilty of a number of parking violations in 51 excess of such maximum number as may be designated by the court, or of 52 three or more violations other than parking violations, shall not be 53 permitted to appear and answer to a subsequent violation at the traffic 54 violations bureau, but must appear in court at a time specified by the 55 bureau. Such traffic violations bureau shall not be authorized to 56 deprive a person of his or her right to counsel or to prevent him or herA. 8287 18 1 from exercising his or her right to appear in court to answer to, 2 explain, or defend any charge of a violation of any traffic law, ordi- 3 nance, rule or regulation. 4 § 6-b. Section 371 of the general municipal law, as amended by section 5 12-b of chapter 222 of the laws of 2015, is amended to read as follows: 6 § 371. Jurisdiction and procedure. A traffic violations bureau so 7 established may be authorized to dispose of violations of traffic laws, 8 ordinances, rules and regulations when such offenses shall not consti- 9 tute the traffic infraction known as speeding or a misdemeanor or felo- 10 ny, and, if authorized by local law or ordinance, to adjudicate the 11 liability of owners for violations of subdivision (d) of section eleven 12 hundred eleven of the vehicle and traffic law in accordance with section 13 eleven hundred eleven-d or section eleven hundred eleven-e or section 14 eleven hundred eleven-f of the vehicle and traffic law, by permitting a 15 person charged with an offense within the limitations herein stated, to 16 answer, within a specified time, at the traffic violations bureau, 17 either in person or by written power of attorney in such form as may be 18 prescribed in the ordinance creating the bureau, by paying a prescribed 19 fine and, in writing, waiving a hearing in court, pleading guilty to the 20 charge or admitting liability as an owner for the violation of subdivi- 21 sion (d) of section eleven hundred eleven of the vehicle and traffic 22 law, as the case may be, and authorizing the person in charge of the 23 bureau to make such a plea or admission and pay such a fine in court. 24 Acceptance of the prescribed fine and power of attorney by the bureau 25 shall be deemed complete satisfaction for the violation or of the 26 liability, and the violator or owner liable for a violation of subdivi- 27 sion (d) of section eleven hundred eleven of the vehicle and traffic law 28 shall be given a receipt which so states. If a person charged with a 29 traffic violation does not answer as hereinbefore prescribed, within a 30 designated time, the bureau shall cause a complaint to be entered 31 against him or her forthwith and a warrant to be issued for his or her 32 arrest and appearance before the court. Any person who shall have been, 33 within the preceding twelve months, guilty of a number of parking 34 violations in excess of such maximum number as may be designated by the 35 court, or of three or more violations other than parking violations, 36 shall not be permitted to appear and answer to a subsequent violation at 37 the traffic violations bureau, but must appear in court at a time speci- 38 fied by the bureau. Such traffic violations bureau shall not be author- 39 ized to deprive a person of his or her right to counsel or to prevent 40 him or her from exercising his or her right to appear in court to answer 41 to, explain, or defend any charge of a violation of any traffic law, 42 ordinance, rule or regulation. 43 § 6-c. Section 371 of the general municipal law, as amended by section 44 12-c of chapter 222 of the laws of 2015, is amended to read as follows: 45 § 371. Jurisdiction and procedure. A traffic violations bureau so 46 established may be authorized to dispose of violations of traffic laws, 47 ordinances, rules and regulations when such offenses shall not consti- 48 tute the traffic infraction known as speeding or a misdemeanor or felo- 49 ny, and, if authorized by local law or ordinance, to adjudicate the 50 liability of owners for violations of subdivision (d) of section eleven 51 hundred eleven of the vehicle and traffic law in accordance with section 52 eleven hundred eleven-e of the vehicle and traffic law, and, if author- 53 ized by local law or ordinance, to adjudicate the liability of owners 54 for violations of subdivision (d) of section eleven hundred eleven of 55 the vehicle and traffic law in accordance with section eleven hundred 56 eleven-f of the vehicle and traffic law by permitting a person chargedA. 8287 19 1 with an offense within the limitations herein stated, to answer, within 2 a specified time, at the traffic violations bureau, either in person or 3 by written power of attorney in such form as may be prescribed in the 4 ordinance creating the bureau, by paying a prescribed fine and, in writ- 5 ing, waiving a hearing in court, pleading guilty to the charge or admit- 6 ting liability as an owner for violation of subdivision (d) of section 7 eleven hundred eleven of the vehicle and traffic law, as the case may 8 be, and authorizing the person in charge of the bureau to make such a 9 plea or admission and pay such a fine in court. Acceptance of the 10 prescribed fine and power of attorney by the bureau shall be deemed 11 complete satisfaction for the violation or of the liability, and the 12 violator or owner liable for a violation of subdivision (d) of section 13 eleven hundred eleven of the vehicle and traffic law shall be given a 14 receipt which so states. If a person charged with a traffic violation 15 does not answer as hereinbefore prescribed, within a designated time, 16 the bureau shall cause a complaint to be entered against him or her 17 forthwith and a warrant to be issued for his or her arrest and appear- 18 ance before the court. Any person who shall have been, within the 19 preceding twelve months, guilty of a number of parking violations in 20 excess of such maximum number as may be designated by the court, or of 21 three or more violations other than parking violations, shall not be 22 permitted to appear and answer to a subsequent violation at the traffic 23 violations bureau, but must appear in court at a time specified by the 24 bureau. Such traffic violations bureau shall not be authorized to 25 deprive a person of his or her right to counsel or to prevent him or her 26 from exercising his or her right to appear in court to answer to, 27 explain, or defend any charge of a violation of any traffic law, ordi- 28 nance, rule or regulation. 29 § 6-d. Section 371 of the general municipal law, as amended by chapter 30 802 of the laws of 1949, is amended to read as follows: 31 § 371. Jurisdiction and procedure. A traffic violations bureau so 32 established may be authorized to dispose of violations of traffic laws, 33 ordinances, rules and regulations when such offenses shall not consti- 34 tute the traffic infraction known as speeding or a misdemeanor or felo- 35 ny, and, if authorized by local law or ordinance, to adjudicate the 36 liability of owners for violations of subdivision (d) of section eleven 37 hundred eleven of the vehicle and traffic law in accordance with section 38 eleven hundred eleven-f of the vehicle and traffic law by permitting a 39 person charged with an offense within the limitations herein stated, to 40 answer, within a specified time, at the traffic violations bureau, 41 either in person or by written power of attorney in such form as may be 42 prescribed in the ordinance creating the bureau, by paying a prescribed 43 fine and, in writing, waiving a hearing in court, pleading guilty to the 44 charge, or admitting liability as an owner for a violation of subdivi- 45 sion (d) of section eleven hundred eleven of the vehicle and traffic 46 law, as the case may be and authorizing the person in charge of the 47 bureau to make such a plea or admission and pay such a fine in court. 48 Acceptance of the prescribed fine and power of attorney by the bureau 49 shall be deemed complete satisfaction for the violation, and the viola- 50 tor or owner liable for a violation of subdivision (d) of section eleven 51 hundred eleven of the vehicle and traffic law shall be given a receipt 52 which so states. If a person charged with a traffic violation does not 53 answer as hereinbefore prescribed, within a designated time, the bureau 54 shall cause a complaint to be entered against him or her forthwith and a 55 warrant to be issued for his or her arrest and appearance before the 56 court. Any person who shall have been, within the preceding twelveA. 8287 20 1 months, guilty of a number of parking violations in excess of such maxi- 2 mum number as may be designated by the court, or of three or more 3 violations other than parking violations, shall not be permitted to 4 appear and answer to a subsequent violation at the traffic violations 5 bureau, but must appear in court at a time specified by the bureau. Such 6 traffic violations bureau shall not be authorized to deprive a person of 7 his or her right to counsel or to prevent him or her from exercising his 8 or her right to appear in court to answer to, explain, or defend any 9 charge of a violation of any traffic law, ordinance, rule or regulation. 10 § 7. Subdivision 2 of section 87 of the public officers law is amended 11 by adding a new paragraph (q) to read as follows: 12 (q) are photographs, microphotographs, videotape or other recorded 13 images prepared under authority of section eleven hundred eleven-f of 14 the vehicle and traffic law. 15 § 8. The purchase or lease of equipment for a demonstration program 16 established pursuant to section 1111-f of the vehicle and traffic law 17 shall be subject to the provisions of section 103 of the general munici- 18 pal law. 19 § 9. This act shall take effect on the thirtieth day after it shall 20 have become law and shall expire on December 1, 2024, when upon such 21 date the provisions of this act shall be deemed repealed; provided that 22 any such local law as may be enacted pursuant to this act shall remain 23 in full force and effect only until December 1, 2024 and provided, 24 further, that: 25 (a) the amendments to subparagraph (i) of paragraph a of subdivision 26 5-a of section 401 of the vehicle and traffic law made by section one of 27 this act shall not affect the expiration of such paragraph and shall be 28 deemed to expire therewith, when upon such date the provisions of 29 section one-a of this act shall take effect; 30 (b) the amendments to paragraph a of subdivision 5-a of section 401 of 31 the vehicle and traffic law made by section one-a of this act shall not 32 affect the expiration of such paragraph and shall be deemed to expire 33 therewith, when upon such date the provisions of section one-b of this 34 act shall take effect; 35 (c) the amendments to paragraph a of subdivision 5-a of section 401 of 36 the vehicle and traffic law made by section one-b of this act shall not 37 affect the expiration of such paragraph and shall be deemed to expire 38 therewith, when upon such date the provisions of section one-c of this 39 act shall take effect; 40 (d) the amendments to paragraph a of subdivision 5-a of section 401 of 41 the vehicle and traffic law made by section one-c of this act shall not 42 affect the expiration of such paragraph and shall be deemed to expire 43 therewith, when upon such date the provisions of section one-d of this 44 act shall take effect; 45 (e) the amendments to paragraph a of subdivision 5-a of section 401 of 46 the vehicle and traffic law made by section one-d of this act shall not 47 affect the expiration of such paragraph and shall be deemed to expire 48 therewith, when upon such date the provisions of section one-e of this 49 act shall take effect; 50 (f) the amendments to paragraph a of subdivision 5-a of section 401 of 51 the vehicle and traffic law made by section one-e of this act shall not 52 affect the expiration of such paragraph and shall be deemed to expire 53 therewith, when upon such date the provisions of section one-f of this 54 act shall take effect; 55 (g) the amendments to subdivision 1 of section 1809 of the vehicle and 56 traffic law made by section four of this act shall not affect the expi-A. 8287 21 1 ration of such subdivision and shall be deemed to expire therewith, when 2 upon such date the provisions of section four-a of this act shall take 3 effect; 4 (h) the amendments to subdivision 1 of section 1809 of the vehicle and 5 traffic law made by section four-a of this act shall not affect the 6 expiration of such subdivision and shall be deemed to expire therewith, 7 when upon such date the provisions of section four-b of this act shall 8 take effect; 9 (i) the amendments to subdivision 1 of section 1809 of the vehicle and 10 traffic law made by section four-b of this act shall not affect the 11 expiration of such subdivision and shall be deemed to expire therewith, 12 when upon such date the provisions of section four-c of this act shall 13 take effect; 14 (j) the amendments to subdivision 1 of section 1809 of the vehicle and 15 traffic law made by section four-c of this act shall not affect the 16 expiration of such subdivision and shall be deemed to expire therewith, 17 when upon such date the provisions of section four-d of this act shall 18 take effect; 19 (k) the amendments to subdivision 1 of section 1809 of the vehicle and 20 traffic law made by section four-d of this act shall not affect the 21 expiration of such subdivision and shall be deemed to expire therewith, 22 when upon such date the provisions of section four-e of this act shall 23 take effect; 24 (l) the amendments to subdivision 1 of section 1809 of the vehicle and 25 traffic law made by section four-e of this act shall not affect the 26 expiration of such subdivision and shall be deemed to expire therewith, 27 when upon such date the provisions of section four-f of this act shall 28 take effect; 29 (m) the amendments to paragraph a of subdivision 1 of section 1809-e 30 of the vehicle and traffic law made by section five of this act shall 31 not affect the expiration of such paragraph and shall be deemed to 32 expire therewith, when upon such date the provisions of section five-a 33 of this act shall take effect; 34 (n) the amendments to paragraph a of subdivision 1 of section 1809-e 35 of the vehicle and traffic law made by section five-a of this act shall 36 not affect the expiration of such paragraph and shall be deemed to 37 expire therewith, when upon such date the provisions of section five-b 38 of this act shall take effect; 39 (o) the amendments to paragraph a of subdivision 1 of section 1809-e 40 of the vehicle and traffic law made by section five-b of this act shall 41 not affect the expiration of such paragraph and shall be deemed to 42 expire therewith, when upon such date the provisions of section five-c 43 of this act shall take effect; 44 (p) the amendments to paragraph a of subdivision 1 of section 1809-e 45 of the vehicle and traffic law made by section five-c of this act shall 46 not affect the expiration of such paragraph and shall be deemed to 47 expire therewith, when upon such date the provisions of section five-d 48 of this act shall take effect; 49 (q) the amendments to paragraph a of subdivision 1 of section 1809-e 50 of the vehicle and traffic law made by section five-d of this act shall 51 not affect the expiration of such paragraph and shall be deemed to 52 expire therewith, when upon such date the provisions of section five-e 53 of this act shall take effect; 54 (r) the amendments made to subdivision 1 of section 371 of the general 55 municipal law made by section six of this act shall not affect the expi- 56 ration of such subdivision and shall be deemed to expire therewith, whenA. 8287 22 1 upon such date the provisions of section six-a of this act shall take 2 effect; 3 (s) the amendments made to section 371 of the general municipal law 4 made by section six-a of this act shall not affect the expiration of 5 such section and shall be deemed to expire therewith, when upon such 6 date the provisions of section six-b of this act shall take effect; 7 (t) the amendments made to section 371 of the general municipal law 8 made by section six-b of this act shall not affect the expiration of 9 such section and shall be deemed to expire therewith, when upon such 10 date the provisions of section six-c of this act shall take effect; and 11 (u) the amendments made to section 371 of the general municipal law 12 made by section six-c of this act shall not affect the expiration of 13 such section and shall be deemed to expire therewith, when upon such 14 date the provisions of section six-d of this act shall take effect.
