Bill Text: NY A08902 | 2023-2024 | General Assembly | Amended
Bill Title: Relates to owner liability for failure of an operator to comply with street cleaning parking rules; relates to access to records prepared pursuant to street cleaning parking rules.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced) 2024-04-26 - print number 8902b [A08902 Detail]
Download: New_York-2023-A08902-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8902--B IN ASSEMBLY January 26, 2024 ___________ Introduced by M. of A. CUNNINGHAM, BICHOTTE HERMELYN, LEE, DAVILA -- read once and referred to the Committee on Transportation -- recommit- ted to the Committee on Transportation in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee AN ACT to amend the vehicle and traffic law, in relation to owner liability for failure of an operator to comply with street cleaning parking rules; to amend the public officers law, in relation to access to records prepared pursuant to street cleaning parking rules; and providing for the repeal of certain provisions upon expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The vehicle and traffic law is amended by adding a new 2 section 1111-h to read as follows: 3 § 1111-h. Owner liability for failure to comply with street cleaning 4 parking rules. (a) 1. Notwithstanding any other provision of law, the 5 city of New York is hereby authorized and empowered to establish a 6 program imposing monetary liability on the owner of a vehicle for fail- 7 ure to comply with street cleaning parking rules in such city in accord- 8 ance with the provisions of this section. The New York city department 9 of sanitation, for purposes of the implementation of such program, shall 10 operate street cleaning vehicle photo devices on street cleaning vehi- 11 cles along all street cleaning routes in such city. 12 2. The city of New York shall adopt and enforce measures: 13 (i) to ensure, to the extent practicable, that photographs produced by 14 such street cleaning vehicle photo devices shall not include images that 15 identify any person or persons who may be occupying the vehicle, or the 16 contents of the vehicle. However, a notice of liability issued pursuant 17 to this section shall not be dismissed solely because a photograph or 18 photographs allow for the identification of a person or persons who may 19 be occupying the vehicle or the contents of a vehicle; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13521-06-4A. 8902--B 2 1 (ii) to upgrade signage at regular intervals within street cleaning 2 routes stating that street cleaning vehicle photo devices are used to 3 enforce street cleaning parking rules along such routes; and 4 (iii) to prohibit the use or dissemination of vehicles' license plate 5 information and other information and images captured by street cleaning 6 vehicle photo devices except: (A) as required to establish liability 7 under this section or collect payment of penalties; (B) as required by 8 court order; or (C) as otherwise required by law. 9 (b) If the city of New York has established a program pursuant to 10 subdivision (a) of this section, the owner of a vehicle shall be liable 11 for a penalty imposed pursuant to this section if such vehicle was 12 parked in violation of any street cleaning parking rule of such city and 13 such violation is evidenced by information obtained from a street clean- 14 ing vehicle photo device. 15 (c) For purposes of this section, the following terms shall have the 16 following meanings: 17 1. "Owner" shall have the meaning provided in article two-B of this 18 chapter. 19 2. "Street cleaning routes" shall mean street cleaning routes desig- 20 nated by the New York city department of sanitation that include 21 upgraded signage stating that street cleaning vehicle photo devices are 22 used to enforce street cleaning parking rules. 23 3. "Street cleaning parking rules" shall mean the prohibited parking 24 of any vehicle on one side of the street to allow for cleaning by the 25 New York city department of sanitation during designated time periods as 26 posted by sign. 27 4. "Street cleaning vehicle" shall mean any vehicle operated by the 28 New York city department of sanitation that is designed to wash dirt and 29 grime, and remove litter and debris, from the street surface. 30 5. "Street cleaning vehicle photo device" shall mean a device that is 31 mounted on a street cleaning vehicle, is capable of operating independ- 32 ently of an enforcement officer and produces one or more images of each 33 vehicle at the time it is in violation of street cleaning parking rules. 34 (d) A certificate, sworn to or affirmed by a technician employed by 35 the city of New York in which the charged violation occurred, or a 36 facsimile thereof, based upon inspection of photographs, microphoto- 37 graphs, videotape or other recorded images produced by a street cleaning 38 vehicle photo device, shall be prima facie evidence of the facts 39 contained therein. Any photographs, microphotographs, videotape or other 40 recorded images evidencing such a violation shall be available for 41 inspection in any proceeding to adjudicate the liability for such 42 violation pursuant to this section. 43 (e) An owner liable for a violation of a street cleaning parking rule 44 imposed on any route shall be liable for monetary penalties in accord- 45 ance with a schedule of fines and penalties promulgated by the parking 46 violations bureau of the city of New York; provided, however, that the 47 monetary penalty for violating a street cleaning parking rule shall not 48 exceed fifty dollars for each violation; provided, further, that an 49 owner shall be liable for an additional penalty not to exceed twenty- 50 five dollars for each violation for the failure to respond to a notice 51 of liability within the prescribed time period. 52 (f) An imposition of liability under a local law or ordinance adopted 53 pursuant to this section shall not be deemed a conviction as an operator 54 and shall not be made part of the operating record of the person upon 55 whom such liability is imposed nor shall it be used for insurance 56 purposes in the provision of motor vehicle insurance coverage.A. 8902--B 3 1 (g) 1. A notice of liability shall be sent by first class mail to each 2 person alleged to be liable as an owner for a violation of a street 3 cleaning parking rule. Personal delivery on the owner shall not be 4 required. A manual or automatic record of mailing prepared in the ordi- 5 nary course of business shall be prima facie evidence of the facts 6 contained therein. 7 2. A notice of liability shall contain the name and address of the 8 person alleged to be liable as an owner for violation of a street clean- 9 ing parking rule, the registration number of the vehicle involved in 10 such violation, the location where such violation took place including 11 the street or cross streets, one or more images identifying the 12 violation, the date and time of such violation and the identification 13 number of the street cleaning vehicle photo device that recorded the 14 violation or other document locator number. 15 3. The notice of liability shall contain information advising the 16 person charged of the manner and the time in which such person may 17 contest the liability alleged in the notice. Such notice of liability 18 shall also contain a warning to advise the person charged that failure 19 to contest in the manner and time provided shall be deemed an admission 20 of liability and that a default judgment may be entered thereon. 21 4. The notice of liability shall be prepared and mailed by the agency 22 or agencies designated by the city of New York, or any other entity 23 authorized by such city to prepare and mail such notification of 24 violation. 25 5. Adjudication of the liability imposed upon owners by this section 26 shall be by the New York city parking violations bureau. 27 (h) If an owner of a vehicle receives a notice of liability pursuant 28 to this section for any time period during which the vehicle was 29 reported to the police department as having been stolen, it shall be a 30 valid defense to an allegation of liability for violation of a street 31 cleaning parking rule of such city, that the vehicle had been reported 32 to the police as stolen prior to the time the violation occurred and had 33 not been recovered by such time. For purposes of asserting the defense 34 provided by this subdivision it shall be sufficient that a certified 35 copy of the police report on the stolen vehicle be sent by first class 36 mail to the parking violations bureau. 37 (i) 1. An owner who is a lessor of a vehicle to which a notice of 38 liability was issued pursuant to subdivision (g) of this section shall 39 not be liable for the violation of the street cleaning parking rule, 40 provided that: 41 (i) prior to the violation, the lessor has filed with such parking 42 violations bureau in accordance with the provisions of section two 43 hundred thirty-nine of this chapter; and 44 (ii) within thirty-seven days after receiving notice from such bureau 45 of the date and time of such liability, together with the other informa- 46 tion contained in the original notice of liability, the lessor submits 47 to such bureau the correct name and address of the lessee of the vehicle 48 identified in the notice of liability at the time of such violation, 49 together with such other additional information contained in the rental, 50 lease or other contract document, as may be reasonably required by such 51 bureau pursuant to regulations that may be promulgated for such purpose. 52 2. Failure to comply with subparagraph (ii) of paragraph one of this 53 subdivision shall render the lessor liable for the penalty prescribed in 54 this section. 55 3. Where the lessor complies with the provisions of paragraph one of 56 this subdivision, the lessee of such vehicle on the date of suchA. 8902--B 4 1 violation shall be deemed to be the owner of such vehicle for purposes 2 of this section, shall be subject to liability for such violation pursu- 3 ant to this section, and shall be sent a notice of liability pursuant to 4 subdivision (g) of this section. 5 § 2. Subdivision 1 of section 235 of the vehicle and traffic law, as 6 amended by section 2 of part MM of chapter 56 of the laws of 2023, is 7 amended to read as follows: 8 1. Notwithstanding any inconsistent provision of any general, special 9 or local law or administrative code to the contrary, in any city which 10 heretofore or hereafter is authorized to establish an administrative 11 tribunal: (a) to hear and determine complaints of traffic infractions 12 constituting parking, standing or stopping violations, or (b) to adjudi- 13 cate the liability of owners for violations of subdivision (d) of 14 section eleven hundred eleven of this chapter imposed pursuant to a 15 local law or ordinance imposing monetary liability on the owner of a 16 vehicle for failure of an operator thereof to comply with traffic-con- 17 trol indications through the installation and operation of traffic-con- 18 trol signal photo violation-monitoring systems, in accordance with arti- 19 cle twenty-four of this chapter, or (c) to adjudicate the liability of 20 owners for violations of subdivision (b), (c), (d), (f) or (g) of 21 section eleven hundred eighty of this chapter imposed pursuant to a 22 demonstration program imposing monetary liability on the owner of a 23 vehicle for failure of an operator thereof to comply with such posted 24 maximum speed limits through the installation and operation of photo 25 speed violation monitoring systems, in accordance with article thirty of 26 this chapter, or (d) to adjudicate the liability of owners for 27 violations of bus lane restrictions as defined by article twenty-four of 28 this chapter imposed pursuant to a bus rapid transit program imposing 29 monetary liability on the owner of a vehicle for failure of an operator 30 thereof to comply with such bus lane restrictions through the installa- 31 tion and operation of bus lane photo devices, in accordance with article 32 twenty-four of this chapter, or (e) to adjudicate the liability of 33 owners for violations of toll collection regulations imposed by certain 34 public authorities pursuant to the law authorizing such public authori- 35 ties to impose monetary liability on the owner of a vehicle for failure 36 of an operator thereof to comply with toll collection regulations of 37 such public authorities through the installation and operation of 38 photo-monitoring systems, in accordance with the provisions of section 39 two thousand nine hundred eighty-five of the public authorities law and 40 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred 41 seventy-four of the laws of nineteen hundred fifty, or (f) to adjudicate 42 the liability of owners for violations of section eleven hundred seven- 43 ty-four of this chapter when meeting a school bus marked and equipped as 44 provided in subdivisions twenty and twenty-one-c of section three 45 hundred seventy-five of this chapter imposed pursuant to a local law or 46 ordinance imposing monetary liability on the owner of a vehicle for 47 failure of an operator thereof to comply with school bus red visual 48 signals through the installation and operation of school bus photo 49 violation monitoring systems, in accordance with article twenty-nine of 50 this chapter, or (g) to adjudicate the liability of owners for 51 violations of section three hundred eighty-five of this chapter and the 52 rules of the department of transportation of the city of New York in 53 relation to gross vehicle weight and/or axle weight violations imposed 54 pursuant to a weigh in motion demonstration program imposing monetary 55 liability on the owner of a vehicle for failure of an operator thereof 56 to comply with such gross vehicle weight and/or axle weight restrictionsA. 8902--B 5 1 through the installation and operation of weigh in motion violation 2 monitoring systems, in accordance with article ten of this chapter, or 3 (h) to adjudicate the liability of owners for violations of subdivision 4 (b), (d), (f) or (g) of section eleven hundred eighty of this chapter 5 imposed pursuant to a demonstration program imposing monetary liability 6 on the owner of a vehicle for failure of an operator thereof to comply 7 with such posted maximum speed limits within a highway construction or 8 maintenance work area through the installation and operation of photo 9 speed violation monitoring systems, in accordance with article thirty of 10 this chapter, or (i) to adjudicate the liability of owners for 11 violations of bus operation-related traffic regulations as defined by 12 article twenty-four of this chapter imposed pursuant to a demonstration 13 program imposing monetary liability on the owner of a vehicle for fail- 14 ure of an operator thereof to comply with such bus operation-related 15 traffic regulations through the installation and operation of bus opera- 16 tion-related photo devices, in accordance with article twenty-four of 17 this chapter, or (j) to adjudicate the liability of owners for 18 violations of street cleaning parking rules as defined by article twen- 19 ty-four of this chapter imposed pursuant to a program imposing monetary 20 liability on the owner of a vehicle for failure of an operator thereof 21 to comply with such street cleaning parking rules through the installa- 22 tion and operation of street cleaning vehicle photo devices, in accord- 23 ance with article twenty-four of this chapter, such tribunal and the 24 rules and regulations pertaining thereto shall be constituted in 25 substantial conformance with the following sections. 26 § 3. Subdivision 1 of section 236 of the vehicle and traffic law, as 27 amended by section 3 of part MM of chapter 56 of the laws of 2023, is 28 amended to read as follows: 29 1. Creation. In any city as hereinbefore or hereafter authorized such 30 tribunal when created shall be known as the parking violations bureau 31 and shall have jurisdiction of traffic infractions which constitute a 32 parking violation and, where authorized: (a) to adjudicate the liability 33 of owners for violations of subdivision (d) of section eleven hundred 34 eleven of this chapter imposed pursuant to a local law or ordinance 35 imposing monetary liability on the owner of a vehicle for failure of an 36 operator thereof to comply with traffic-control indications through the 37 installation and operation of traffic-control signal photo violation- 38 monitoring systems, in accordance with article twenty-four of this chap- 39 ter, or (b) to adjudicate the liability of owners for violations of 40 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty 41 of this chapter imposed pursuant to a demonstration program imposing 42 monetary liability on the owner of a vehicle for failure of an operator 43 thereof to comply with such posted maximum speed limits through the 44 installation and operation of photo speed violation monitoring systems, 45 in accordance with article thirty of this chapter, or (c) to adjudicate 46 the liability of owners for violations of bus lane restrictions as 47 defined by article twenty-four of this chapter imposed pursuant to a bus 48 rapid transit program imposing monetary liability on the owner of a 49 vehicle for failure of an operator thereof to comply with such bus lane 50 restrictions through the installation and operation of bus lane photo 51 devices, in accordance with article twenty-four of this chapter, or (d) 52 to adjudicate the liability of owners for violations of toll collection 53 regulations imposed by certain public authorities pursuant to the law 54 authorizing such public authorities to impose monetary liability on the 55 owner of a vehicle for failure of an operator thereof to comply with 56 toll collection regulations of such public authorities through theA. 8902--B 6 1 installation and operation of photo-monitoring systems, in accordance 2 with the provisions of section two thousand nine hundred eighty-five of 3 the public authorities law and sections sixteen-a, sixteen-b and 4 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen 5 hundred fifty, or (e) to adjudicate the liability of owners for 6 violations of section eleven hundred seventy-four of this chapter when 7 meeting a school bus marked and equipped as provided in subdivisions 8 twenty and twenty-one-c of section three hundred seventy-five of this 9 chapter imposed pursuant to a local law or ordinance imposing monetary 10 liability on the owner of a vehicle for failure of an operator thereof 11 to comply with school bus red visual signals through the installation 12 and operation of school bus photo violation monitoring systems, in 13 accordance with article twenty-nine of this chapter, or (f) to adjudi- 14 cate the liability of owners for violations of section three hundred 15 eighty-five of this chapter and the rules of the department of transpor- 16 tation of the city of New York in relation to gross vehicle weight 17 and/or axle weight violations imposed pursuant to a weigh in motion 18 demonstration program imposing monetary liability on the owner of a 19 vehicle for failure of an operator thereof to comply with such gross 20 vehicle weight and/or axle weight restrictions through the installation 21 and operation of weigh in motion violation monitoring systems, in 22 accordance with article ten of this chapter, or (g) to adjudicate the 23 liability of owners for violations of subdivision (b), (d), (f) or (g) 24 of section eleven hundred eighty of this chapter imposed pursuant to a 25 demonstration program imposing monetary liability on the owner of a 26 vehicle for failure of an operator thereof to comply with such posted 27 maximum speed limits within a highway construction or maintenance work 28 area through the installation and operation of photo speed violation 29 monitoring systems, in accordance with article thirty of this chapter, 30 or (h) to adjudicate the liability of owners for violations of bus oper- 31 ation-related traffic regulations as defined by article twenty-four of 32 this chapter imposed pursuant to a demonstration program imposing mone- 33 tary liability on the owner of a vehicle for failure of an operator 34 thereof to comply with such bus operation-related traffic regulations 35 through the installation and operation of bus operation-related photo 36 devices, in accordance with article twenty-four of this chapter, or (i) 37 to adjudicate the liability of owners for violations of street cleaning 38 parking rules as defined by article twenty-four of this chapter 39 imposed pursuant to a program imposing monetary liability on the owner 40 of a vehicle for failure of an operator thereof to comply with 41 such street cleaning parking rules through the installation and opera- 42 tion of street cleaning vehicle photo devices, in accordance with arti- 43 cle twenty-four of this chapter. Such tribunal, except in a city with a 44 population of one million or more, shall also have jurisdiction of aban- 45 doned vehicle violations. For the purposes of this article, a parking 46 violation is the violation of any law, rule or regulation providing for 47 or regulating the parking, stopping or standing of a vehicle. In addi- 48 tion for purposes of this article, "commissioner" shall mean and include 49 the commissioner of traffic of the city or an official possessing 50 authority as such a commissioner. 51 § 4. Paragraph f of subdivision 1 of section 239 of the vehicle and 52 traffic law, as amended by section 4 of part MM of chapter 56 of the 53 laws of 2023, is amended to read as follows: 54 f. "Notice of violation" means a notice of violation as defined in 55 subdivision nine of section two hundred thirty-seven of this article, 56 but shall not be deemed to include a notice of liability issued pursuantA. 8902--B 7 1 to authorization set forth in articles ten, twenty-four, twenty-nine and 2 thirty of this chapter, section two thousand nine hundred eighty-five of 3 the public authorities law and sections sixteen-a, sixteen-b and 4 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen 5 hundred fifty to impose monetary liability on the owner of a vehicle for 6 failure of an operator thereof: to comply with traffic-control indi- 7 cations in violation of subdivision (d) of section eleven hundred eleven 8 of this chapter through the installation and operation of traffic-con- 9 trol signal photo violation-monitoring systems, in accordance with arti- 10 cle twenty-four of this chapter; or to comply with certain posted maxi- 11 mum speed limits in violation of subdivision (b), (c), (d), (f) or (g) 12 of section eleven hundred eighty of this chapter through the installa- 13 tion and operation of photo speed violation monitoring systems, in 14 accordance with article thirty of this chapter; or to comply with bus 15 lane restrictions as defined by article twenty-four of this chapter 16 through the installation and operation of bus lane photo devices, in 17 accordance with article twenty-four of this chapter; or to comply with 18 toll collection regulations of certain public authorities through the 19 installation and operation of photo-monitoring systems, in accordance 20 with the provisions of section two thousand nine hundred eighty-five of 21 the public authorities law and sections sixteen-a, sixteen-b and 22 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen 23 hundred fifty; or to stop for a school bus displaying a red visual 24 signal in violation of section eleven hundred seventy-four of this chap- 25 ter through the installation and operation of school bus photo violation 26 monitoring systems, in accordance with article twenty-nine of this chap- 27 ter; or to comply with certain posted maximum speed limits in violation 28 of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of 29 this chapter within a highway construction or maintenance work area 30 through the installation and operation of photo speed violation monitor- 31 ing systems, in accordance with article thirty of this chapter; or to 32 comply with gross vehicle weight and/or axle weight restrictions in 33 violation of section three hundred eighty-five of this chapter and the 34 rules of the department of transportation of the city of New York 35 through the installation and operation of weigh in motion violation 36 monitoring systems, in accordance with article ten of this chapter; or 37 to comply with bus operation-related traffic regulations as defined by 38 article twenty-four of this chapter in violation of the rules of the 39 department of transportation of the city of New York through the instal- 40 lation and operation of bus operation-related photo devices, in accord- 41 ance with article twenty-four of this chapter; or to comply with street 42 cleaning parking rules as defined by article twenty-four of this chapter 43 in violation of the rules of the department of transportation of the 44 city of New York through the installation and operation of street clean- 45 ing vehicle photo devices, in accordance with article twenty-four of 46 this chapter. 47 § 5. Subdivisions 1, 1-a and the opening subparagraph of paragraph (a) 48 of subdivision 1-b of section 240 of the vehicle and traffic law, as 49 amended by section 5 of part MM of chapter 56 of the laws of 2023, are 50 amended to read as follows: 51 1. Notice of hearing. Whenever a person charged with a parking 52 violation enters a plea of not guilty; or a person alleged to be liable 53 in accordance with any provisions of law specifically authorizing the 54 imposition of monetary liability on the owner of a vehicle for failure 55 of an operator thereof: to comply with traffic-control indications in 56 violation of subdivision (d) of section eleven hundred eleven of thisA. 8902--B 8 1 chapter through the installation and operation of traffic-control signal 2 photo violation-monitoring systems, in accordance with article twenty- 3 four of this chapter; or to comply with certain posted maximum speed 4 limits in violation of subdivision (b), (c), (d), (f) or (g) of section 5 eleven hundred eighty of this chapter through the installation and oper- 6 ation of photo speed violation monitoring systems, in accordance with 7 article thirty of this chapter; or to comply with bus lane restrictions 8 as defined by article twenty-four of this chapter through the installa- 9 tion and operation of bus lane photo devices, in accordance with article 10 twenty-four of this chapter; or to comply with toll collection regu- 11 lations of certain public authorities through the installation and oper- 12 ation of photo-monitoring systems, in accordance with the provisions of 13 section two thousand nine hundred eighty-five of the public authorities 14 law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven 15 hundred seventy-four of the laws of nineteen hundred fifty; or to stop 16 for a school bus displaying a red visual signal in violation of section 17 eleven hundred seventy-four of this chapter through the installation and 18 operation of school bus photo violation monitoring systems, in accord- 19 ance with article twenty-nine of this chapter; or to comply with certain 20 posted maximum speed limits in violation of subdivision (b), (d), (f) or 21 (g) of section eleven hundred eighty of this chapter within a highway 22 construction or maintenance work area through the installation and oper- 23 ation of photo speed violation monitoring systems, in accordance with 24 article thirty of this chapter; or to comply with gross vehicle weight 25 and/or axle weight restrictions in violation of section three hundred 26 eighty-five of this chapter and the rules of the department of transpor- 27 tation of the city of New York through the installation and operation of 28 weigh in motion violation monitoring systems, in accordance with article 29 ten of this chapter; or to comply with bus operation-related traffic 30 regulations as defined by article twenty-four of this chapter in 31 violation of the rules of the department of transportation of the city 32 of New York through the installation and operation of bus operation-re- 33 lated photo devices, in accordance with article twenty-four of this 34 chapter; or to comply with street cleaning parking rules as defined by 35 article twenty-four of this chapter in violation of the rules of the 36 department of transportation of the city of New York through the instal- 37 lation and operation of street cleaning vehicle photo devices, in 38 accordance with article twenty-four of this chapter, contests such alle- 39 gation, the bureau shall advise such person personally by such form of 40 first class mail as the director may direct of the date on which [he or41she] such person must appear to answer the charge at a hearing. The form 42 and content of such notice of hearing shall be prescribed by the direc- 43 tor, and shall contain a warning to advise the person so pleading or 44 contesting that failure to appear on the date designated, or on any 45 subsequent adjourned date, shall be deemed an admission of liability, 46 and that a default judgment may be entered thereon. 47 1-a. Fines and penalties. Whenever a plea of not guilty has been 48 entered, or the bureau has been notified that an allegation of liability 49 in accordance with provisions of law specifically authorizing the impo- 50 sition of monetary liability on the owner of a vehicle for failure of an 51 operator thereof: to comply with traffic-control indications in 52 violation of subdivision (d) of section eleven hundred eleven of this 53 chapter through the installation and operation of traffic-control signal 54 photo violation-monitoring systems, in accordance with article twenty- 55 four of this chapter; or to comply with certain posted maximum speed 56 limits in violation of subdivision (b), (c), (d), (f) or (g) of sectionA. 8902--B 9 1 eleven hundred eighty of this chapter through the installation and oper- 2 ation of photo speed violation monitoring systems, in accordance with 3 article thirty of this chapter; or to comply with bus lane restrictions 4 as defined by article twenty-four of this chapter through the installa- 5 tion and operation of bus lane photo devices, in accordance with article 6 twenty-four of this chapter; or to comply with toll collection regu- 7 lations of certain public authorities through the installation and oper- 8 ation of photo-monitoring systems, in accordance with the provisions of 9 section two thousand nine hundred eighty-five of the public authorities 10 law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven 11 hundred seventy-four of the laws of nineteen hundred fifty; or to stop 12 for a school bus displaying a red visual signal in violation of section 13 eleven hundred seventy-four of this chapter through the installation and 14 operation of school bus photo violation monitoring systems, in accord- 15 ance with article twenty-nine of this chapter; or to comply with certain 16 posted maximum speed limits in violation of subdivision (b), (d), (f) or 17 (g) of section eleven hundred eighty of this chapter within a highway 18 construction or maintenance work area through the installation and oper- 19 ation of photo speed violation monitoring systems, in accordance with 20 article thirty of this chapter; or to comply with gross vehicle weight 21 and/or axle weight restrictions in violation of section three hundred 22 eighty-five of this chapter and the rules of the department of transpor- 23 tation of the city of New York through the installation and operation of 24 weigh in motion violation monitoring systems, in accordance with article 25 ten of this chapter; or to comply with bus operation-related traffic 26 regulations as defined by article twenty-four of this chapter in 27 violation of the rules of the department of transportation of the city 28 of New York through the installation and operation of bus operation-re- 29 lated photo devices, in accordance with article twenty-four of this 30 chapter; or to comply with street cleaning parking rules as defined by 31 article twenty-four of this chapter in violation of the rules of the 32 department of transportation of the city of New York through the instal- 33 lation and operation of street cleaning vehicle photo devices, in 34 accordance with article twenty-four of this chapter, is being contested, 35 by a person in a timely fashion and a hearing upon the merits has been 36 demanded, but has not yet been held, the bureau shall not issue any 37 notice of fine or penalty to that person prior to the date of the hear- 38 ing. 39 In a city having a population of one million or more, at every hearing 40 for the adjudication of a notice of liability, as provided by this arti- 41 cle, there shall be a rebuttable presumption that the owner of a first- 42 response emergency vehicle alleged to be liable in accordance with any 43 provisions of law specifically authorizing the imposition of monetary 44 liability on the owner of a vehicle for failure of an operator thereof: 45 to comply with traffic-control indications in violation of subdivision 46 (d) of section eleven hundred eleven of this chapter through the instal- 47 lation and operation of traffic-control signal photo violation-monitor- 48 ing systems, in accordance with article twenty-four of this chapter; or 49 to comply with certain posted maximum speed limits in violation of 50 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty 51 of this chapter through the installation and operation of photo speed 52 violation monitoring systems, in accordance with article thirty of this 53 chapter; or to comply with bus lane restrictions as defined by article 54 twenty-four of this chapter through the installation and operation of 55 bus lane photo devices, in accordance with article twenty-four of this 56 chapter; or to comply with bus operation-related traffic regulations asA. 8902--B 10 1 defined by article twenty-four of this chapter in violation of the rules 2 of the department of transportation of the city of New York through the 3 installation and operation of bus operation-related photo devices, in 4 accordance with article twenty-four of this chapter; or to comply with 5 street cleaning parking rules as defined by article twenty-four of this 6 chapter in violation of the rules of the department of transportation 7 of the city of New York through the installation and operation of 8 street cleaning vehicle photo devices, in accordance with article twen- 9 ty-four of this chapter is not liable for such alleged violation if such 10 owner of the first-response emergency vehicle provides the hearing offi- 11 cer with: 12 § 6. Paragraphs a and g of subdivision 2 of section 240 of the vehicle 13 and traffic law, as amended by section 6 of part MM of chapter 56 of the 14 laws of 2023, are amended to read as follows: 15 a. Every hearing for the adjudication of a charge of parking violation 16 or an allegation of liability of an owner for a violation of subdivision 17 (d) of section eleven hundred eleven of this chapter imposed pursuant to 18 a local law or ordinance imposing monetary liability on the owner of a 19 vehicle for failure of an operator thereof to comply with traffic-con- 20 trol indications through the installation and operation of traffic-con- 21 trol signal photo violation-monitoring systems, in accordance with arti- 22 cle twenty-four of this chapter, or an allegation of liability of an 23 owner for a violation of subdivision (b), (c), (d), (f) or (g) of 24 section eleven hundred eighty of this chapter imposed pursuant to a 25 demonstration program imposing monetary liability on the owner of a 26 vehicle for failure of an operator thereof to comply with certain posted 27 maximum speed limits through the installation and operation of photo 28 speed violation monitoring systems, in accordance with article thirty of 29 this chapter, or an allegation of liability of an owner for a violation 30 of bus lane restrictions as defined by article twenty-four of this chap- 31 ter imposed pursuant to a bus rapid transit program imposing monetary 32 liability on the owner of a vehicle for failure of an operator thereof 33 to comply with such bus lane restrictions through the installation and 34 operation of bus lane photo devices, in accordance with article twenty- 35 four of this chapter, or an allegation of liability of an owner for a 36 violation of toll collection regulations imposed by certain public 37 authorities pursuant to the law authorizing such public authorities to 38 impose monetary liability on the owner of a vehicle for failure of an 39 operator thereof to comply with toll collection regulations of such 40 public authorities through the installation and operation of photo-moni- 41 toring systems, in accordance with the provisions of section two thou- 42 sand nine hundred eighty-five of the public authorities law and sections 43 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four 44 of the laws of nineteen hundred fifty, or an allegation of liability of 45 an owner for a violation of section eleven hundred seventy-four of this 46 chapter when meeting a school bus marked and equipped as provided in 47 subdivisions twenty and twenty-one-c of section three hundred seventy- 48 five of this chapter imposed pursuant to a local law or ordinance impos- 49 ing monetary liability on the owner of a vehicle for failure of an oper- 50 ator thereof to comply with school bus red visual signals through the 51 installation and operation of school bus photo violation monitoring 52 systems, in accordance with article twenty-nine of this chapter, or an 53 allegation of liability of an owner for a violation of subdivision (b), 54 (d), (f) or (g) of section eleven hundred eighty of this chapter imposed 55 pursuant to a demonstration program imposing monetary liability on the 56 owner of a vehicle for failure of an operator thereof to comply withA. 8902--B 11 1 certain posted maximum speed limits within a highway construction or 2 maintenance work area through the installation and operation of photo 3 speed violation monitoring systems, in accordance with article thirty of 4 this chapter, or an allegation of liability of an owner for a violation 5 of section three hundred eighty-five of this chapter and the rules of 6 the department of transportation of the city of New York in relation to 7 gross vehicle weight and/or axle weight violations imposed pursuant to a 8 weigh in motion demonstration program imposing monetary liability on the 9 owner of a vehicle for failure of an operator thereof to comply with 10 such gross vehicle weight and/or axle weight restrictions through the 11 installation and operation of weigh in motion violation monitoring 12 systems, in accordance with article ten of this chapter, or an allega- 13 tion of liability of an owner for a violation of bus operation-related 14 traffic regulations as defined by article twenty-four of this chapter 15 imposed pursuant to a demonstration program imposing monetary liability 16 on the owner of a vehicle for failure of an operator thereof to comply 17 with such bus operation-related traffic regulations through the instal- 18 lation and operation of bus operation-related photo devices, in accord- 19 ance with article twenty-four of this chapter, or an allegation of 20 liability of an owner for a violation of street cleaning parking rules 21 as defined by article twenty-four of this chapter imposed pursuant to a 22 program imposing monetary liability on the owner of a vehicle for fail- 23 ure of an operator thereof to comply with such street cleaning parking 24 rules through the installation and operation of street cleaning vehicle 25 photo devices, in accordance with article twenty-four of this chapter, 26 shall be held before a hearing examiner in accordance with rules and 27 regulations promulgated by the bureau. 28 g. A record shall be made of a hearing on a plea of not guilty or of a 29 hearing at which liability in accordance with any provisions of law 30 specifically authorizing the imposition of monetary liability on the 31 owner of a vehicle for failure of an operator thereof: to comply with 32 traffic-control indications in violation of subdivision (d) of section 33 eleven hundred eleven of this chapter through the installation and oper- 34 ation of traffic-control signal photo violation-monitoring systems, in 35 accordance with article twenty-four of this chapter; to comply with 36 certain posted maximum speed limits in violation of subdivision (b), 37 (c), (d), (f) or (g) of section eleven hundred eighty of this chapter 38 through the installation and operation of photo speed violation monitor- 39 ing systems, in accordance with article thirty of this chapter; to 40 comply with bus lane restrictions as defined by article twenty-four of 41 this chapter through the installation and operation of bus lane photo 42 devices, in accordance with article twenty-four of this chapter; to 43 comply with toll collection regulations of certain public authorities 44 through the installation and operation of photo-monitoring systems, in 45 accordance with the provisions of section two thousand nine hundred 46 eighty-five of the public authorities law and sections sixteen-a, 47 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the 48 laws of nineteen hundred fifty; to stop for a school bus displaying a 49 red visual signal in violation of section eleven hundred seventy-four of 50 this chapter through the installation and operation of school bus photo 51 violation monitoring systems, in accordance with article twenty-nine of 52 this chapter; to comply with certain posted maximum speed limits in 53 violation of subdivision (b), (d), (f) or (g) of section eleven hundred 54 eighty of this chapter within a highway construction or maintenance work 55 area through the installation and operation of photo speed violation 56 monitoring systems, in accordance with article thirty of this chapter;A. 8902--B 12 1 to comply with gross vehicle weight and/or axle weight restrictions in 2 violation of section three hundred eighty-five of this chapter and the 3 rules of the department of transportation of the city of New York 4 through the installation and operation of weigh in motion violation 5 monitoring systems, in accordance with article ten of this chapter; or 6 to comply with bus operation-related traffic regulations as defined by 7 article twenty-four of this chapter in violation of the rules of the 8 department of transportation of the city of New York through the instal- 9 lation and operation of bus operation-related photo devices, in accord- 10 ance with article twenty-four of this chapter; or to comply with street 11 cleaning parking rules as defined by article twenty-four of this chapter 12 in violation of the rules of the department of transportation of the 13 city of New York through the installation and operation of street clean- 14 ing vehicle photo devices, in accordance with article twenty-four of 15 this chapter, is contested. Recording devices may be used for the making 16 of the record. 17 § 7. Subdivisions 1 and 2 of section 241 of the vehicle and traffic 18 law, as amended by section 7 of part MM of chapter 56 of the laws of 19 2023, are amended to read as follows: 20 1. The hearing examiner shall make a determination on the charges, 21 either sustaining or dismissing them. Where the hearing examiner deter- 22 mines that the charges have been sustained [he or she] such examiner may 23 examine either the prior parking violations record or the record of 24 liabilities incurred in accordance with any provisions of law specif- 25 ically authorizing the imposition of monetary liability on the owner of 26 a vehicle for failure of an operator thereof: to comply with traffic- 27 control indications in violation of subdivision (d) of section eleven 28 hundred eleven of this chapter through the installation and operation of 29 traffic-control signal photo violation-monitoring systems, in accordance 30 with article twenty-four of this chapter; to comply with certain posted 31 maximum speed limits in violation of subdivision (b), (c), (d), (f) or 32 (g) of section eleven hundred eighty of this chapter through the instal- 33 lation and operation of photo speed violation monitoring systems, in 34 accordance with article thirty of this chapter; to comply with bus lane 35 restrictions as defined by article twenty-four of this chapter through 36 the installation and operation of bus lane photo devices, in accordance 37 with article twenty-four of this chapter; to comply with toll collection 38 regulations of certain public authorities through the installation and 39 operation of photo-monitoring systems, in accordance with the provisions 40 of section two thousand nine hundred eighty-five of the public authori- 41 ties law and sections sixteen-a, sixteen-b and sixteen-c of chapter 42 seven hundred seventy-four of the laws of nineteen hundred fifty; to 43 stop for a school bus displaying a red visual signal in violation of 44 section eleven hundred seventy-four of this chapter through the instal- 45 lation and operation of school bus photo violation monitoring systems, 46 in accordance with article twenty-nine of this chapter; to comply with 47 certain posted maximum speed limits in violation of subdivision (b), 48 (d), (f) or (g) of section eleven hundred eighty of this chapter within 49 a highway construction or maintenance work area through the installation 50 and operation of photo speed violation monitoring systems, in accordance 51 with article thirty of this chapter; to comply with gross vehicle weight 52 and/or axle weight restrictions in violation of section three hundred 53 eighty-five of this chapter and the rules of the department of transpor- 54 tation of the city of New York through the installation and operation of 55 weigh in motion violation monitoring systems, in accordance with article 56 ten of this chapter; [or] to comply with bus operation-related trafficA. 8902--B 13 1 regulations as defined by article twenty-four of this chapter in 2 violation of the rules of the department of transportation of the city 3 of New York through the installation and operation of bus operation-re- 4 lated photo devices, in accordance with article twenty-four of this 5 chapter; or to comply with street cleaning parking rules as defined by 6 article twenty-four of this chapter in violation of the rules of the 7 department of transportation of the city of New York through the instal- 8 lation and operation of street cleaning vehicle photo devices, in 9 accordance with article twenty-four of this chapter, of the person 10 charged, as applicable prior to rendering a final determination. Final 11 determinations sustaining or dismissing charges shall be entered on a 12 final determination roll maintained by the bureau together with records 13 showing payment and nonpayment of penalties. 14 2. Where an operator or owner fails to enter a plea to a charge of a 15 parking violation or contest an allegation of liability in accordance 16 with any provisions of law specifically authorizing the imposition of 17 monetary liability on the owner of a vehicle for failure of an operator 18 thereof: to comply with traffic-control indications in violation of 19 subdivision (d) of section eleven hundred eleven of this chapter through 20 the installation and operation of traffic-control signal photo viola- 21 tion-monitoring systems, in accordance with article twenty-four of this 22 chapter; to comply with certain posted maximum speed limits in violation 23 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred 24 eighty of this chapter through the installation and operation of photo 25 speed violation monitoring systems, in accordance with article thirty of 26 this chapter; to comply with bus lane restrictions as defined by article 27 twenty-four of this chapter through the installation and operation of 28 bus lane photo devices, in accordance with article twenty-four of this 29 chapter; to comply with toll collection regulations of certain public 30 authorities through the installation and operation of photo-monitoring 31 systems, in accordance with the provisions of section two thousand nine 32 hundred eighty-five of the public authorities law and sections 33 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four 34 of the laws of nineteen hundred fifty; to stop for a school bus display- 35 ing a red visual signal in violation of section eleven hundred seventy- 36 four of this chapter through the installation and operation of school 37 bus photo violation monitoring systems, in accordance with article twen- 38 ty-nine of this chapter; to comply with certain posted maximum speed 39 limits in violation of subdivision (b), (d), (f) or (g) of section elev- 40 en hundred eighty of this chapter within a highway construction or main- 41 tenance work area through the installation and operation of photo speed 42 violation monitoring systems, in accordance with article thirty of this 43 chapter; to comply with gross vehicle weight and/or axle weight 44 restrictions in violation of section three hundred eighty-five of this 45 chapter and the rules of the department of transportation of the city of 46 New York through the installation and operation of weigh in motion 47 violation monitoring systems, in accordance with article ten of this 48 chapter; [or] to comply with bus operation-related traffic regulations 49 as defined by article twenty-four of this chapter in violation of the 50 rules of the department of transportation of the city of New York 51 through the installation and operation of bus operation-related photo 52 devices, in accordance with article twenty-four of this chapter; or to 53 comply with street cleaning parking rules as defined by article twenty- 54 four of this chapter in violation of the rules of the department of 55 transportation of the city of New York through the installation and 56 operation of street cleaning vehicle photo devices, in accordance withA. 8902--B 14 1 article twenty-four of this chapter, or fails to appear on a designated 2 hearing date or subsequent adjourned date or fails after a hearing to 3 comply with the determination of a hearing examiner, as prescribed by 4 this article or by rule or regulation of the bureau, such failure to 5 plead or contest, appear or comply shall be deemed, for all purposes, an 6 admission of liability and shall be grounds for rendering and entering a 7 default judgment in an amount provided by the rules and regulations of 8 the bureau. However, after the expiration of the original date 9 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 or liability alleged in accordance with any provisions of law specif- 14 ically authorizing the imposition of monetary liability on the owner of 15 a vehicle for failure of an operator thereof: to comply with traffic- 16 control indications in violation of subdivision (d) of section eleven 17 hundred eleven of this chapter through the installation and operation of 18 traffic-control signal photo violation-monitoring systems, in accordance 19 with article twenty-four of this chapter; to comply with certain posted 20 maximum speed limits in violation of subdivision (b), (c), (d), (f) or 21 (g) of section eleven hundred eighty of this chapter through the instal- 22 lation and operation of photo speed violation monitoring systems, in 23 accordance with article thirty of this chapter; to comply with bus lane 24 restrictions as defined by article twenty-four of this chapter through 25 the installation and operation of bus lane photo devices, in accordance 26 with article twenty-four of this chapter; to comply with toll collection 27 regulations of certain public authorities through the installation and 28 operation of photo-monitoring systems, in accordance with the provisions 29 of section two thousand nine hundred eighty-five of the public authori- 30 ties law and sections sixteen-a, sixteen-b and sixteen-c of chapter 31 seven hundred seventy-four of the laws of nineteen hundred fifty; to 32 stop for a school bus displaying a red visual signal in violation of 33 section eleven hundred seventy-four of this chapter through the instal- 34 lation and operation of school bus photo violation monitoring systems, 35 in accordance with article twenty-nine of this chapter; to comply with 36 certain posted maximum speed limits in violation of subdivision (b), 37 (d), (f) or (g) of section eleven hundred eighty of this chapter within 38 a highway construction or maintenance work area through the installation 39 and operation of photo speed violation monitoring systems, in accordance 40 with article thirty of this chapter; to comply with gross vehicle weight 41 and/or axle weight restrictions in violation of section three hundred 42 eighty-five of this chapter and the rules of the department of transpor- 43 tation of the city of New York through the installation and operation of 44 weigh in motion violation monitoring systems, in accordance with article 45 ten of this chapter; [or] to comply with bus operation-related traffic 46 regulations as defined by article twenty-four of this chapter in 47 violation of the rules of the department of transportation of the city 48 of New York through the installation and operation of bus operation-re- 49 lated photo devices, in accordance with article twenty-four of this 50 chapter; or to comply with street cleaning parking rules as defined by 51 article twenty-four of this chapter in violation of the rules of the 52 department of transportation of the city of New York through the instal- 53 lation and operation of street cleaning vehicle photo devices, in 54 accordance with article twenty-four of this chapter, (2) of the impend- 55 ing default judgment, (3) that such judgment will be entered in the 56 Civil Court of the city in which the bureau has been established, orA. 8902--B 15 1 other court of civil jurisdiction or any other place provided for the 2 entry of civil judgments within the state of New York, and (4) that a 3 default may be avoided by entering a plea or contesting an allegation of 4 liability in accordance with any provisions of law specifically author- 5 izing the imposition of monetary liability on the owner of a vehicle for 6 failure of an operator thereof: to comply with traffic-control indi- 7 cations in violation of subdivision (d) of section eleven hundred eleven 8 of this chapter through the installation and operation of traffic-con- 9 trol signal photo violation-monitoring systems, in accordance with arti- 10 cle twenty-four of this chapter; to comply with certain posted maximum 11 speed limits in violation of subdivision (b), (c), (d), (f) or (g) of 12 section eleven hundred eighty of this chapter through the installation 13 and operation of photo speed violation monitoring systems, in accordance 14 with article thirty of this chapter; to comply with bus lane 15 restrictions as defined by article twenty-four of this chapter through 16 the installation and operation of bus lane photo devices, in accordance 17 with article twenty-four of this chapter; to comply with toll collection 18 regulations of certain public authorities through the installation and 19 operation of photo-monitoring systems, in accordance with the provisions 20 of section two thousand nine hundred eighty-five of the public authori- 21 ties law and sections sixteen-a, sixteen-b and sixteen-c of chapter 22 seven hundred seventy-four of the laws of nineteen hundred fifty; to 23 stop for a school bus displaying a red visual signal in violation of 24 section eleven hundred seventy-four of this chapter through the instal- 25 lation and operation of school bus photo violation monitoring systems, 26 in accordance with article twenty-nine of this chapter; to comply with 27 certain posted maximum speed limits in violation of subdivision (b), 28 (d), (f) or (g) of section eleven hundred eighty of this chapter within 29 a highway construction or maintenance work area through the installation 30 and operation of photo speed violation monitoring systems, in accordance 31 with article thirty of this chapter; to comply with gross vehicle weight 32 and/or axle weight restrictions in violation of section three hundred 33 eighty-five of this chapter and the rules of the department of transpor- 34 tation of the city of New York through the installation and operation of 35 weigh in motion violation monitoring systems, in accordance with article 36 ten of this chapter; [or] to comply with bus operation-related traffic 37 regulations as defined by article twenty-four of this chapter in 38 violation of the rules of the department of transportation of the city 39 of New York through the installation and operation of bus operation-re- 40 lated photo devices, in accordance with article twenty-four of this 41 chapter; or to comply with street cleaning parking rules as defined by 42 article twenty-four of this chapter in violation of the rules of the 43 department of transportation of the city of New York through the instal- 44 lation and operation of street cleaning vehicle photo devices, in 45 accordance with article twenty-four of this chapter; or making an 46 appearance within thirty days of the sending of such notice. Pleas 47 entered and allegations contested within that period shall be in the 48 manner prescribed in the notice and not subject to additional penalty or 49 fee. Such notice of impending default judgment shall not be required 50 prior to the rendering and entry thereof in the case of operators or 51 owners who are non-residents of the state of New York. In no case shall 52 a default judgment be rendered or, where required, a notice of impending 53 default judgment be sent, more than two years after the expiration of 54 the time prescribed for entering a plea or contesting an allegation. 55 When a person has demanded a hearing, no fine or penalty shall be 56 imposed for any reason, prior to the holding of the hearing. If theA. 8902--B 16 1 hearing examiner shall make a determination on the charges, sustaining 2 them, [he or she] such examiner shall impose no greater penalty or fine 3 than those upon which the person was originally charged. 4 § 8. Subparagraph (i) of paragraph a of subdivision 5-a of section 401 5 of the vehicle and traffic law, as amended by section 8 of part MM of 6 chapter 56 of the laws of 2023, is amended to read as follows: 7 (i) If at the time of application for a registration or renewal there- 8 of there is a certification from a court, parking violations bureau, 9 traffic and parking violations agency or administrative tribunal of 10 appropriate jurisdiction that the registrant or [his or her] their 11 representative failed to appear on the return date or any subsequent 12 adjourned date or failed to comply with the rules and regulations of an 13 administrative tribunal following entry of a final decision in response 14 to a total of three or more summonses or other process in the aggregate, 15 issued within an eighteen month period, charging either that: (i) such 16 motor vehicle was parked, stopped or standing, or that such motor vehi- 17 cle was operated for hire by the registrant or [his or her] their agent 18 without being licensed as a motor vehicle for hire by the appropriate 19 local authority, in violation of any of the provisions of this chapter 20 or of any law, ordinance, rule or regulation made by a local authority; 21 or (ii) the registrant was liable for a violation of subdivision (d) of 22 section eleven hundred eleven of this chapter imposed pursuant to a 23 local law or ordinance imposing monetary liability on the owner of a 24 vehicle for failure of an operator thereof to comply with traffic-con- 25 trol indications through the installation and operation of traffic-con- 26 trol signal photo violation-monitoring systems, in accordance with arti- 27 cle twenty-four of this chapter; or (iii) the registrant was liable for 28 a violation of subdivision (b), (c), (d), (f) or (g) of section eleven 29 hundred eighty of this chapter imposed pursuant to a demonstration 30 program imposing monetary liability on the owner of a vehicle for fail- 31 ure of an operator thereof to comply with such posted maximum speed 32 limits through the installation and operation of photo speed violation 33 monitoring systems, in accordance with article thirty of this chapter; 34 or (iv) the registrant was liable for a violation of bus lane 35 restrictions as defined by article twenty-four of this chapter imposed 36 pursuant to a bus rapid transit program imposing monetary liability on 37 the owner of a vehicle for failure of an operator thereof to comply with 38 such bus lane restrictions through the installation and operation of bus 39 lane photo devices, in accordance with article twenty-four of this chap- 40 ter; or (v) the registrant was liable for a violation of section eleven 41 hundred seventy-four of this chapter when meeting a school bus marked 42 and equipped as provided in subdivisions twenty and twenty-one-c of 43 section three hundred seventy-five of this chapter imposed pursuant to a 44 local law or ordinance imposing monetary liability on the owner of a 45 vehicle for failure of an operator thereof to comply with school bus red 46 visual signals through the installation and operation of school bus 47 photo violation monitoring systems, in accordance with article twenty- 48 nine of this chapter; or (vi) the registrant was liable for a violation 49 of section three hundred eighty-five of this chapter and the rules of 50 the department of transportation of the city of New York in relation to 51 gross vehicle weight and/or axle weight violations imposed pursuant to a 52 weigh in motion demonstration program imposing monetary liability on the 53 owner of a vehicle for failure of an operator thereof to comply with 54 such gross vehicle weight and/or axle weight restrictions through the 55 installation and operation of weigh in motion violation monitoring 56 systems, in accordance with article ten of this chapter; or (vii) theA. 8902--B 17 1 registrant was liable for a violation of subdivision (b), (d), (f) or 2 (g) of section eleven hundred eighty of this chapter imposed pursuant to 3 a demonstration program imposing monetary liability on the owner of a 4 vehicle for failure of an operator thereof to comply with such posted 5 maximum speed limits within a highway construction or maintenance work 6 area through the installation and operation of photo speed violation 7 monitoring systems, in accordance with article thirty of this 8 chapter[,]; or (viii) the registrant was liable for a violation of bus 9 operation-related traffic regulations as defined by article twenty-four 10 of this chapter imposed pursuant to a demonstration program imposing 11 monetary liability on the owner of a vehicle for failure of an operator 12 thereof to comply with such bus operation-related traffic regulations 13 through the installation and operation of bus operation-related photo 14 devices, in accordance with article twenty-four of this chapter[,]; or 15 (ix) the registrant was liable for a violation of street cleaning park- 16 ing rules as defined by article twenty-four of this chapter imposed 17 pursuant to a program imposing monetary liability on the owner of a 18 vehicle for failure of an operator thereof to comply with such street 19 cleaning parking rules through the installation and operation of street 20 cleaning vehicle photo devices, in accordance with article twenty-four 21 of this chapter, the commissioner or [his or her] their agent shall deny 22 the registration or renewal application until the applicant provides 23 proof from the court, traffic and parking violations agency or adminis- 24 trative tribunal wherein the charges are pending that an appearance or 25 answer has been made or in the case of an administrative tribunal that 26 [he or she] such applicant has complied with the rules and regulations 27 of said tribunal following entry of a final decision. Where an applica- 28 tion is denied pursuant to this section, the commissioner may, in [his29or her] their discretion, deny a registration or renewal application to 30 any other person for the same vehicle and may deny a registration or 31 renewal application for any other motor vehicle registered in the name 32 of the applicant where the commissioner has determined that such regis- 33 trant's intent has been to evade the purposes of this subdivision and 34 where the commissioner has reasonable grounds to believe that such 35 registration or renewal will have the effect of defeating the purposes 36 of this subdivision. Such denial shall only remain in effect as long as 37 the summonses remain unanswered, or in the case of an administrative 38 tribunal, the registrant fails to comply with the rules and regulations 39 following entry of a final decision. 40 § 9. Subdivision 1-a of section 1809 of the vehicle and traffic law, 41 as amended by section 9 of part MM of chapter 56 of the laws of 2023, is 42 amended to read as follows: 43 1-a. Notwithstanding the provisions of subdivision one of this 44 section, the provisions of subdivision one of this section shall not 45 apply to an adjudication of liability of owners: (a) for violations of 46 subdivision (d) of section eleven hundred eleven of this chapter imposed 47 pursuant to a local law or ordinance imposing monetary liability on the 48 owner of a vehicle for failure of an operator thereof to comply with 49 traffic-control indications through the installation and operation of 50 traffic-control signal photo violation-monitoring systems, in accordance 51 with article twenty-four of this chapter; or (b) for violations of 52 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty 53 of this chapter imposed pursuant to a demonstration program imposing 54 monetary liability on the owner of a vehicle for failure of an operator 55 thereof to comply with such posted maximum speed limits through the 56 installation and operation of photo speed violation monitoring systems,A. 8902--B 18 1 in accordance with article thirty of this chapter; or (c) for violations 2 of bus lane restrictions as defined by article twenty-four of this chap- 3 ter imposed pursuant to a bus rapid transit program imposing monetary 4 liability on the owner of a vehicle for failure of an operator thereof 5 to comply with such bus lane restrictions through the installation and 6 operation of bus lane photo devices, in accordance with article twenty- 7 four of this chapter; or (d) for violations of toll collection regu- 8 lations imposed by certain public authorities pursuant to the law 9 authorizing such public authorities to impose monetary liability on the 10 owner of a vehicle for failure of an operator thereof to comply with 11 toll collection regulations of such public authorities through the 12 installation and operation of photo-monitoring systems, in accordance 13 with the provisions of section two thousand nine hundred eighty-five of 14 the public authorities law and sections sixteen-a, sixteen-b and 15 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen 16 hundred fifty; or (e) for violations of section eleven hundred seventy- 17 four of this chapter when meeting a school bus marked and equipped as 18 provided in subdivisions twenty and twenty-one-c of section three 19 hundred seventy-five of this chapter imposed pursuant to a local law or 20 ordinance imposing monetary liability on the owner of a vehicle for 21 failure of an operator thereof to comply with school bus red visual 22 signals through the installation and operation of school bus photo 23 violation monitoring systems, in accordance with article twenty-nine of 24 this chapter; or (f) for violations of section three hundred eighty-five 25 of this chapter and the rules of the department of transportation of the 26 city of New York in relation to gross vehicle weight and/or axle weight 27 violations imposed pursuant to a weigh in motion demonstration program 28 imposing monetary liability on the owner of a vehicle for failure of an 29 operator thereof to comply with such gross vehicle weight and/or axle 30 weight restrictions through the installation and operation of weigh in 31 motion violation monitoring systems, in accordance with article ten of 32 this chapter; or (g) for violations of subdivision (b), (d), (f) or (g) 33 of section eleven hundred eighty of this chapter imposed pursuant to a 34 demonstration program imposing monetary liability on the owner of a 35 vehicle for failure of an operator thereof to comply with such posted 36 maximum speed limits within a highway construction or maintenance work 37 area through the installation and operation of photo speed violation 38 monitoring systems, in accordance with article thirty of this chapter; 39 or (h) for violations of bus operation-related traffic regulations as 40 defined by article twenty-four of this chapter imposed pursuant to a 41 demonstration program imposing monetary liability on the owner of a 42 vehicle for failure of an operator thereof to comply with such bus oper- 43 ation-related traffic regulations through the installation and operation 44 of bus operation-related photo devices, in accordance with article twen- 45 ty-four of this chapter; or (i) for violations of street cleaning park- 46 ing rules as defined by article twenty-four of this chapter imposed 47 pursuant to a program imposing monetary liability on the owner of a 48 vehicle for failure of an operator thereof to comply with such street 49 cleaning parking rules through the installation and operation of street 50 cleaning vehicle photo devices, in accordance with article twenty-four 51 of this chapter. 52 § 10. Subdivision 1 of section 1809-a of the vehicle and traffic law, 53 as amended by section 10 of part MM of chapter 56 of the laws of 2023, 54 is amended to read as follows: 55 1. The provisions of any other general or special law notwithstanding, 56 whenever, in a city having a population of one hundred thousand or moreA. 8902--B 19 1 according to the nineteen hundred eighty United States census, 2 proceedings in an administrative tribunal or a court result in a finding 3 of liability, or conviction for the violation of any statute, local law, 4 ordinance or rule involving the parking, stopping or standing of a motor 5 vehicle, except (a) an adjudication of liability of an owner for a 6 violation of bus operation-related traffic regulations as defined by 7 article twenty-four of this chapter imposed pursuant to a demonstration 8 program imposing monetary liability on the owner of a vehicle for fail- 9 ure of an operator thereof to comply with such bus operation-related 10 traffic regulations through the installation and operation of bus opera- 11 tion-related photo devices, in accordance with article twenty-four of 12 this chapter, or (b) an adjudication of liability of an owner for a 13 violation of street cleaning parking rules as defined by article twen- 14 ty-four of this chapter imposed pursuant to a program imposing monetary 15 liability on the owner of a vehicle for failure of an operator thereof 16 to comply with such street cleaning parking rules through the installa- 17 tion and operation of street cleaning vehicle photo devices, in accord- 18 ance with article twenty-four of this chapter, there shall be levied a 19 mandatory surcharge in addition to any other sentence, fine or penalty 20 otherwise permitted or required, in the amount of fifteen dollars. Such 21 surcharge shall not be deemed a monetary penalty for the purposes of 22 section two hundred thirty-seven of this chapter or section 19-203 of 23 the administrative code of the city of New York. 24 § 11. Subdivision 1 of section 1809-aa of the vehicle and traffic law, 25 as amended by section 11 of part MM of chapter 56 of the laws of 2023, 26 is amended to read as follows: 27 1. Notwithstanding any other provision of law, whenever proceedings in 28 an administrative tribunal or court result in a conviction for a 29 violation of section twelve hundred, twelve hundred one or twelve 30 hundred two of this chapter, except (a) an adjudication of liability of 31 an owner for a violation of bus operation-related traffic regulations as 32 defined by article twenty-four of this chapter imposed pursuant to a 33 demonstration program imposing monetary liability on the owner of a 34 vehicle for failure of an operator thereof to comply with such bus oper- 35 ation-related traffic regulations through the installation and operation 36 of bus operation-related photo devices, in accordance with article twen- 37 ty-four of this chapter, or (b) an adjudication of liability of an 38 owner for a violation of street cleaning parking rules as defined by 39 article twenty-four of this chapter imposed pursuant to a program 40 imposing monetary liability on the owner of a vehicle for failure 41 of an operator thereof to comply with such street cleaning parking rules 42 through the installation and operation of street cleaning vehicle photo 43 devices, in accordance with article twenty-four of this chapter, there 44 shall be levied a mandatory surcharge in addition to any other sentence, 45 fine or penalty otherwise permitted or required, in the amount of twen- 46 ty-five dollars. 47 § 12. Paragraph a of subdivision 1 of section 1809-e of the vehicle 48 and traffic law, as amended by section 12 of part MM of chapter 56 of 49 the laws of 2023, is amended to read as follows: 50 a. Notwithstanding any other provision of law, whenever proceedings in 51 a court or an administrative tribunal of this state result in a 52 conviction for an offense under this chapter, except a conviction pursu- 53 ant to section eleven hundred ninety-two of this chapter, or for a traf- 54 fic infraction under this chapter, or a local law, ordinance, rule or 55 regulation adopted pursuant to this chapter, except: (i) a traffic 56 infraction involving standing, stopping, or parking or violations byA. 8902--B 20 1 pedestrians or bicyclists; and (ii) an adjudication of liability of an 2 owner for a violation of subdivision (d) of section eleven hundred elev- 3 en of this chapter imposed pursuant to a local law or ordinance imposing 4 monetary liability on the owner of a vehicle for failure of an operator 5 thereof to comply with traffic-control indications through the installa- 6 tion and operation of traffic-control signal photo violation-monitoring 7 systems, in accordance with article twenty-four of this chapter; and 8 (iii) an adjudication of liability of an owner for a violation of subdi- 9 vision (b), (c), (d), (f) or (g) of section eleven hundred eighty of 10 this chapter imposed pursuant to a demonstration program imposing mone- 11 tary liability on the owner of a vehicle for failure of an operator 12 thereof to comply with such posted maximum speed limits through the 13 installation and operation of photo speed violation monitoring systems, 14 in accordance with article thirty of this chapter; and (iv) an adjudi- 15 cation of liability of an owner for a violation of bus lane restrictions 16 as defined by article twenty-four of this chapter imposed pursuant to a 17 bus rapid transit program imposing monetary liability on the owner of a 18 vehicle for failure of an operator thereof to comply with such bus lane 19 restrictions through the installation and operation of bus lane photo 20 devices, in accordance with article twenty-four of this chapter; and (v) 21 an adjudication of liability of an owner for a violation of toll 22 collection regulations imposed by certain public authorities pursuant to 23 the law authorizing such public authorities to impose monetary liability 24 on the owner of a vehicle for failure of an operator thereof to comply 25 with toll collection regulations of such public authorities through the 26 installation and operation of photo-monitoring systems, in accordance 27 with section two thousand nine hundred eighty-five of the public author- 28 ities law or sections sixteen-a, sixteen-b and sixteen-c of chapter 29 seven hundred seventy-four of the laws of nineteen hundred fifty; and 30 (vi) an adjudication of liability of an owner for a violation of section 31 eleven hundred seventy-four of this chapter when meeting a school bus 32 marked and equipped as provided in subdivisions twenty and twenty-one-c 33 of section three hundred seventy-five of this chapter imposed pursuant 34 to a local law or ordinance imposing monetary liability on the owner of 35 a vehicle for failure of an operator thereof to comply with school bus 36 red visual signals through the installation and operation of school bus 37 photo violation monitoring systems, in accordance with article twenty- 38 nine of this chapter; and (vii) an adjudication of liability of an owner 39 for a violation of section three hundred eighty-five of this chapter and 40 the rules of the department of transportation of the city of New York in 41 relation to gross vehicle weight and/or axle weight violations imposed 42 pursuant to a weigh in motion demonstration program imposing monetary 43 liability on the owner of a vehicle for failure of an operator thereof 44 to comply with such gross vehicle weight and/or axle weight restrictions 45 through the installation and operation of weigh in motion violation 46 monitoring systems, in accordance with article ten of this chapter; and 47 (viii) an adjudication of liability of an owner for a violation of 48 subdivision (b), (d), (f) or (g) of section eleven hundred eighty of 49 this chapter imposed pursuant to a demonstration program imposing mone- 50 tary liability on the owner of a vehicle for failure of an operator 51 thereof to comply with such posted maximum speed limits within a highway 52 construction or maintenance work area through the installation and oper- 53 ation of photo speed violation monitoring systems, in accordance with 54 article thirty of this chapter; and (ix) an adjudication of liability of 55 an owner for a violation of bus operation-related traffic regulations as 56 defined by article twenty-four of this chapter imposed pursuant to aA. 8902--B 21 1 demonstration program imposing monetary liability on the owner of a 2 vehicle for failure of an operator thereof to comply with such bus oper- 3 ation-related traffic regulations through the installation and operation 4 of bus operation-related photo devices, in accordance with article twen- 5 ty-four of this chapter; and (x) an adjudication of liability of an 6 owner for a violation of street cleaning parking rules as defined by 7 article twenty-four of this chapter imposed pursuant to a program impos- 8 ing monetary liability on the owner of a vehicle for failure of an 9 operator thereof to comply with such street cleaning parking rules 10 through the installation and operation of street cleaning vehicle photo 11 devices, in accordance with article twenty-four of this chapter, there 12 shall be levied in addition to any sentence, penalty or other surcharge 13 required or permitted by law, an additional surcharge of twenty-eight 14 dollars. 15 § 13. Subdivision 2 of section 87 of the public officers law is 16 amended by adding a new paragraph (u) to read as follows: 17 (u) are photographs, microphotographs, videotape or other recorded 18 images prepared under authority of section eleven hundred eleven-h of 19 the vehicle and traffic law. 20 § 14. This act shall take effect one year after it shall have become a 21 law; provided, however, that sections one and thirteen of this act shall 22 expire July 1, 2029, when upon such date the provisions of such sections 23 shall be deemed repealed; provided further, however, that: 24 (a) the amendments to subdivision 1 of section 1809-a of the vehicle 25 and traffic law made by section ten of this act shall not affect the 26 repeal of such section and shall be deemed repealed therewith; 27 (b) if section 2 of part MM of chapter 56 of the laws of 2023 shall 28 not have taken effect on or before such date then section two of this 29 act shall take effect on the same date and in the same manner as such 30 chapter of the laws of 2023, takes effect; 31 (c) if section 3 of part MM of chapter 56 of the laws of 2023 shall 32 not have taken effect on or before such date then section three of this 33 act shall take effect on the same date and in the same manner as such 34 chapter of the laws of 2023, takes effect; 35 (d) if section 4 of part MM of chapter 56 of the laws of 2023 shall 36 not have taken effect on or before such date then section four of this 37 act shall take effect on the same date and in the same manner as such 38 chapter of the laws of 2023, takes effect; 39 (e) if section 5 of part MM of chapter 56 of the laws of 2023 shall 40 not have taken effect on or before such date then section five of this 41 act shall take effect on the same date and in the same manner as such 42 chapter of the laws of 2023, takes effect; 43 (f) if section 6 of part MM of chapter 56 of the laws of 2023 shall 44 not have taken effect on or before such date then section six of this 45 act shall take effect on the same date and in the same manner as such 46 chapter of the laws of 2023, takes effect; 47 (g) if section 7 of part MM of chapter 56 of the laws of 2023 shall 48 not have taken effect on or before such date then section seven of this 49 act shall take effect on the same date and in the same manner as such 50 chapter of the laws of 2023, takes effect; 51 (h) if section 8 of part MM of chapter 56 of the laws of 2023 shall 52 not have taken effect on or before such date then section eight of this 53 act shall take effect on the same date and in the same manner as such 54 chapter of the laws of 2023, takes effect; 55 (i) if section 9 of part MM of chapter 56 of the laws of 2023 shall 56 not have taken effect on or before such date then section nine of thisA. 8902--B 22 1 act shall take effect on the same date and in the same manner as such 2 chapter of the laws of 2023, takes effect; 3 (j) if section 10 of part MM of chapter 56 of the laws of 2023 shall 4 not have taken effect on or before such date then section ten of this 5 act shall take effect on the same date and in the same manner as such 6 chapter of the laws of 2023, takes effect; 7 (k) if section 11 of part MM of chapter 56 of the laws of 2023 shall 8 not have taken effect on or before such date then section eleven of this 9 act shall take effect on the same date and in the same manner as such 10 chapter of the laws of 2023, takes effect; 11 (l) if section 12 of part MM of chapter 56 of the laws of 2023 shall 12 not have taken effect on or before such date then section twelve of this 13 act shall take effect on the same date and in the same manner as such 14 chapter of the laws of 2023, takes effect. 15 Effective immediately, the addition, amendment and/or repeal of any 16 rule or regulation necessary for the implementation of section one of 17 this act on its effective date are authorized to be made and completed 18 on or before such effective date.