Bill Text: NY A08902 | 2023-2024 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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 9-0)
Status: (Introduced) 2024-06-03 - print number 8902c [A08902 Detail]
Download: New_York-2023-A08902-Amended.html
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 9-0)
Status: (Introduced) 2024-06-03 - print number 8902c [A08902 Detail]
Download: New_York-2023-A08902-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8902--A IN ASSEMBLY January 26, 2024 ___________ Introduced by M. of A. CUNNINGHAM -- read once and referred to the Committee on Transportation -- recommitted to the Committee on Trans- portation in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, 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; 20 (ii) to upgrade signage at regular intervals within street cleaning 21 routes stating that street cleaning vehicle photo devices are used to 22 enforce street cleaning parking rules along such routes; and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13521-04-4A. 8902--A 2 1 (iii) to prohibit the use or dissemination of vehicles' license plate 2 information and other information and images captured by street cleaning 3 vehicle photo devices except: (A) as required to establish liability 4 under this section or collect payment of penalties; (B) as required by 5 court order; or (C) as otherwise required by law. 6 (b) If the city of New York has established a program pursuant to 7 subdivision (a) of this section, the owner of a vehicle shall be liable 8 for a penalty imposed pursuant to this section if such vehicle was 9 parked in violation of any street cleaning parking rule of such city and 10 such violation is evidenced by information obtained from a street clean- 11 ing vehicle photo device. 12 (c) For purposes of this section, the following terms shall have the 13 following meanings: 14 1. "Owner" shall have the meaning provided in article two-B of this 15 chapter. 16 2. "Street cleaning routes" shall mean street cleaning routes desig- 17 nated by the New York city department of sanitation that include 18 upgraded signage stating that street cleaning vehicle photo devices are 19 used to enforce street cleaning parking rules. 20 3. "Street cleaning parking rules" shall mean the prohibited parking 21 of any vehicle on one side of the street to allow for cleaning by the 22 New York city department of sanitation during designated time periods as 23 posted by sign. 24 4. "Street cleaning vehicle" shall mean any vehicle operated by the 25 New York city department of sanitation that is designed to wash dirt and 26 grime, and remove litter and debris, from the street surface. 27 5. "Street cleaning vehicle photo device" shall mean a device that is 28 mounted on a street cleaning vehicle, is capable of operating independ- 29 ently of an enforcement officer and produces one or more images of each 30 vehicle at the time it is in violation of street cleaning parking rules. 31 (d) A certificate, sworn to or affirmed by a technician employed by 32 the city of New York in which the charged violation occurred, or a 33 facsimile thereof, based upon inspection of photographs, microphoto- 34 graphs, videotape or other recorded images produced by a street cleaning 35 vehicle photo device, shall be prima facie evidence of the facts 36 contained therein. Any photographs, microphotographs, videotape or other 37 recorded images evidencing such a violation shall be available for 38 inspection in any proceeding to adjudicate the liability for such 39 violation pursuant to this section. 40 (e) An owner liable for a violation of a street cleaning parking rule 41 imposed on any route shall be liable for monetary penalties in accord- 42 ance with a schedule of fines and penalties promulgated by the parking 43 violations bureau of the city of New York; provided, however, that the 44 monetary penalty for violating a street cleaning parking rule shall not 45 exceed fifty dollars for each violation; provided, further, that an 46 owner shall be liable for an additional penalty not to exceed twenty- 47 five dollars for each violation for the failure to respond to a notice 48 of liability within the prescribed time period. 49 (f) An imposition of liability under a local law or ordinance adopted 50 pursuant to this section shall not be deemed a conviction as an operator 51 and shall not be made part of the operating record of the person upon 52 whom such liability is imposed nor shall it be used for insurance 53 purposes in the provision of motor vehicle insurance coverage. 54 (g) 1. A notice of liability shall be sent by first class mail to each 55 person alleged to be liable as an owner for a violation of a street 56 cleaning parking rule. Personal delivery on the owner shall not beA. 8902--A 3 1 required. A manual or automatic record of mailing prepared in the ordi- 2 nary course of business shall be prima facie evidence of the facts 3 contained therein. 4 2. A notice of liability shall contain the name and address of the 5 person alleged to be liable as an owner for violation of a street clean- 6 ing parking rule, the registration number of the vehicle involved in 7 such violation, the location where such violation took place including 8 the street or cross streets, one or more images identifying the 9 violation, the date and time of such violation and the identification 10 number of the street cleaning vehicle photo device that recorded the 11 violation or other document locator number. 12 3. The notice of liability shall contain information advising the 13 person charged of the manner and the time in which such person may 14 contest the liability alleged in the notice. Such notice of liability 15 shall also contain a warning to advise the person charged that failure 16 to contest in the manner and time provided shall be deemed an admission 17 of liability and that a default judgment may be entered thereon. 18 4. The notice of liability shall be prepared and mailed by the agency 19 or agencies designated by the city of New York, or any other entity 20 authorized by such city to prepare and mail such notification of 21 violation. 22 5. Adjudication of the liability imposed upon owners by this section 23 shall be by the New York city parking violations bureau. 24 (h) If an owner of a vehicle receives a notice of liability pursuant 25 to this section for any time period during which the vehicle was 26 reported to the police department as having been stolen, it shall be a 27 valid defense to an allegation of liability for violation of a street 28 cleaning parking rule of such city, that the vehicle had been reported 29 to the police as stolen prior to the time the violation occurred and had 30 not been recovered by such time. For purposes of asserting the defense 31 provided by this subdivision it shall be sufficient that a certified 32 copy of the police report on the stolen vehicle be sent by first class 33 mail to the parking violations bureau. 34 (i) 1. An owner who is a lessor of a vehicle to which a notice of 35 liability was issued pursuant to subdivision (g) of this section shall 36 not be liable for the violation of the street cleaning parking rule, 37 provided that: 38 (i) prior to the violation, the lessor has filed with such parking 39 violations bureau in accordance with the provisions of section two 40 hundred thirty-nine of this chapter; and 41 (ii) within thirty-seven days after receiving notice from such bureau 42 of the date and time of such liability, together with the other informa- 43 tion contained in the original notice of liability, the lessor submits 44 to such bureau the correct name and address of the lessee of the vehicle 45 identified in the notice of liability at the time of such violation, 46 together with such other additional information contained in the rental, 47 lease or other contract document, as may be reasonably required by such 48 bureau pursuant to regulations that may be promulgated for such purpose. 49 2. Failure to comply with subparagraph (ii) of paragraph one of this 50 subdivision shall render the lessor liable for the penalty prescribed in 51 this section. 52 3. Where the lessor complies with the provisions of paragraph one of 53 this subdivision, the lessee of such vehicle on the date of such 54 violation shall be deemed to be the owner of such vehicle for purposes 55 of this section, shall be subject to liability for such violation pursu-A. 8902--A 4 1 ant to this section, and shall be sent a notice of liability pursuant to 2 subdivision (g) of this section. 3 § 2. Subdivision 1 of section 235 of the vehicle and traffic law, as 4 amended by section 2 of part MM of chapter 56 of the laws of 2023, is 5 amended to read as follows: 6 1. Notwithstanding any inconsistent provision of any general, special 7 or local law or administrative code to the contrary, in any city which 8 heretofore or hereafter is authorized to establish an administrative 9 tribunal: (a) to hear and determine complaints of traffic infractions 10 constituting parking, standing or stopping violations, or (b) to adjudi- 11 cate the liability of owners for violations of subdivision (d) of 12 section eleven hundred eleven of this chapter imposed pursuant to a 13 local law or ordinance imposing monetary liability on the owner of a 14 vehicle for failure of an operator thereof to comply with traffic-con- 15 trol indications through the installation and operation of traffic-con- 16 trol signal photo violation-monitoring systems, in accordance with arti- 17 cle twenty-four of this chapter, or (c) to adjudicate the liability of 18 owners for violations of subdivision (b), (c), (d), (f) or (g) of 19 section eleven hundred eighty of this chapter imposed pursuant to a 20 demonstration program imposing monetary liability on the owner of a 21 vehicle for failure of an operator thereof to comply with such posted 22 maximum speed limits through the installation and operation of photo 23 speed violation monitoring systems, in accordance with article thirty of 24 this chapter, or (d) to adjudicate the liability of owners for 25 violations of bus lane restrictions as defined by article twenty-four of 26 this chapter imposed pursuant to a bus rapid transit program imposing 27 monetary liability on the owner of a vehicle for failure of an operator 28 thereof to comply with such bus lane restrictions through the installa- 29 tion and operation of bus lane photo devices, in accordance with article 30 twenty-four of this chapter, or (e) to adjudicate the liability of 31 owners for violations of toll collection regulations imposed by certain 32 public authorities pursuant to the law authorizing such public authori- 33 ties to impose monetary liability on the owner of a vehicle for failure 34 of an operator thereof to comply with toll collection regulations of 35 such public authorities through the installation and operation of 36 photo-monitoring systems, in accordance with the provisions of section 37 two thousand nine hundred eighty-five of the public authorities law and 38 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred 39 seventy-four of the laws of nineteen hundred fifty, or (f) to adjudicate 40 the liability of owners for violations of section eleven hundred seven- 41 ty-four of this chapter when meeting a school bus marked and equipped as 42 provided in subdivisions twenty and twenty-one-c of section three 43 hundred seventy-five of this chapter imposed pursuant to a local law or 44 ordinance imposing monetary liability on the owner of a vehicle for 45 failure of an operator thereof to comply with school bus red visual 46 signals through the installation and operation of school bus photo 47 violation monitoring systems, in accordance with article twenty-nine of 48 this chapter, or (g) to adjudicate the liability of owners for 49 violations of section three hundred eighty-five of this chapter and the 50 rules of the department of transportation of the city of New York in 51 relation to gross vehicle weight and/or axle weight violations imposed 52 pursuant to a weigh in motion demonstration program imposing monetary 53 liability on the owner of a vehicle for failure of an operator thereof 54 to comply with such gross vehicle weight and/or axle weight restrictions 55 through the installation and operation of weigh in motion violation 56 monitoring systems, in accordance with article ten of this chapter, orA. 8902--A 5 1 (h) to adjudicate the liability of owners for violations of subdivision 2 (b), (d), (f) or (g) of section eleven hundred eighty of this chapter 3 imposed pursuant to a demonstration program imposing monetary liability 4 on the owner of a vehicle for failure of an operator thereof to comply 5 with such posted maximum speed limits within a highway construction or 6 maintenance work area through the installation and operation of photo 7 speed violation monitoring systems, in accordance with article thirty of 8 this chapter, or (i) to adjudicate the liability of owners for 9 violations of bus operation-related traffic regulations as defined by 10 article twenty-four of this chapter imposed pursuant to a demonstration 11 program imposing monetary liability on the owner of a vehicle for fail- 12 ure of an operator thereof to comply with such bus operation-related 13 traffic regulations through the installation and operation of bus opera- 14 tion-related photo devices, in accordance with article twenty-four of 15 this chapter, or (j) to adjudicate the liability of owners for 16 violations of street cleaning parking rules as defined by article twen- 17 ty-four of this chapter imposed pursuant to a demonstration program 18 imposing monetary liability on the owner of a vehicle for failure of an 19 operator thereof to comply with such street cleaning parking rules 20 through the installation and operation of street cleaning vehicle photo 21 devices, in accordance with article twenty-four of this chapter, such 22 tribunal and the rules and regulations pertaining thereto shall be 23 constituted in substantial conformance with the following sections. 24 § 3. Subdivision 1 of section 236 of the vehicle and traffic law, as 25 amended by section 3 of part MM of chapter 56 of the laws of 2023, is 26 amended to read as follows: 27 1. Creation. In any city as hereinbefore or hereafter authorized such 28 tribunal when created shall be known as the parking violations bureau 29 and shall have jurisdiction of traffic infractions which constitute a 30 parking violation and, where authorized: (a) to adjudicate the liability 31 of owners for violations of subdivision (d) of section eleven hundred 32 eleven of this chapter imposed pursuant to a local law or ordinance 33 imposing monetary liability on the owner of a vehicle for failure of an 34 operator thereof to comply with traffic-control indications through the 35 installation and operation of traffic-control signal photo violation- 36 monitoring systems, in accordance with article twenty-four of this chap- 37 ter, or (b) to adjudicate the liability of owners for violations of 38 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty 39 of this chapter imposed pursuant to a demonstration program imposing 40 monetary liability on the owner of a vehicle for failure of an operator 41 thereof to comply with such posted maximum speed limits through the 42 installation and operation of photo speed violation monitoring systems, 43 in accordance with article thirty of this chapter, or (c) to adjudicate 44 the liability of owners for violations of bus lane restrictions as 45 defined by article twenty-four of this chapter imposed pursuant to a bus 46 rapid transit program imposing monetary liability on the owner of a 47 vehicle for failure of an operator thereof to comply with such bus lane 48 restrictions through the installation and operation of bus lane photo 49 devices, in accordance with article twenty-four of this chapter, or (d) 50 to adjudicate the liability of owners for violations of toll collection 51 regulations imposed by certain public authorities pursuant to the law 52 authorizing such public authorities to impose monetary liability on the 53 owner of a vehicle for failure of an operator thereof to comply with 54 toll collection regulations of such public authorities through the 55 installation and operation of photo-monitoring systems, in accordance 56 with the provisions of section two thousand nine hundred eighty-five ofA. 8902--A 6 1 the public authorities law and sections sixteen-a, sixteen-b and 2 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen 3 hundred fifty, or (e) to adjudicate the liability of owners for 4 violations of section eleven hundred seventy-four of this chapter when 5 meeting a school bus marked and equipped as provided in subdivisions 6 twenty and twenty-one-c of section three hundred seventy-five of this 7 chapter imposed pursuant to a local law or ordinance imposing monetary 8 liability on the owner of a vehicle for failure of an operator thereof 9 to comply with school bus red visual signals through the installation 10 and operation of school bus photo violation monitoring systems, in 11 accordance with article twenty-nine of this chapter, or (f) to adjudi- 12 cate the liability of owners for violations of section three hundred 13 eighty-five of this chapter and the rules of the department of transpor- 14 tation of the city of New York in relation to gross vehicle weight 15 and/or axle weight violations imposed pursuant to a weigh in motion 16 demonstration program imposing monetary liability on the owner of a 17 vehicle for failure of an operator thereof to comply with such gross 18 vehicle weight and/or axle weight restrictions through the installation 19 and operation of weigh in motion violation monitoring systems, in 20 accordance with article ten of this chapter, or (g) to adjudicate the 21 liability of owners for violations of subdivision (b), (d), (f) or (g) 22 of section eleven hundred eighty of this chapter imposed pursuant to a 23 demonstration program imposing monetary liability on the owner of a 24 vehicle for failure of an operator thereof to comply with such posted 25 maximum speed limits within a highway construction or maintenance work 26 area through the installation and operation of photo speed violation 27 monitoring systems, in accordance with article thirty of this chapter, 28 or (h) to adjudicate the liability of owners for violations of bus oper- 29 ation-related traffic regulations as defined by article twenty-four of 30 this chapter imposed pursuant to a demonstration program imposing mone- 31 tary liability on the owner of a vehicle for failure of an operator 32 thereof to comply with such bus operation-related traffic regulations 33 through the installation and operation of bus operation-related photo 34 devices, in accordance with article twenty-four of this chapter, or (i) 35 to adjudicate the liability of owners for violations of street cleaning 36 parking rules as defined by article twenty-four of this chapter 37 imposed pursuant to a demonstration program imposing monetary liability 38 on the owner of a vehicle for failure of an operator thereof to 39 comply with such street cleaning parking rules through the installation 40 and operation of street cleaning vehicle photo devices, in accordance 41 with article twenty-four of this chapter. Such tribunal, except in a 42 city with a population of one million or more, shall also have jurisdic- 43 tion of abandoned vehicle violations. For the purposes of this article, 44 a parking violation is the violation of any law, rule or regulation 45 providing for or regulating the parking, stopping or standing of a vehi- 46 cle. In addition for purposes of this article, "commissioner" shall mean 47 and include the commissioner of traffic of the city or an official 48 possessing authority as such a commissioner. 49 § 4. Paragraph f of subdivision 1 of section 239 of the vehicle and 50 traffic law, as amended by section 4 of part MM of chapter 56 of the 51 laws of 2023, is amended to read as follows: 52 f. "Notice of violation" means a notice of violation as defined in 53 subdivision nine of section two hundred thirty-seven of this article, 54 but shall not be deemed to include a notice of liability issued pursuant 55 to authorization set forth in articles ten, twenty-four, twenty-nine and 56 thirty of this chapter, section two thousand nine hundred eighty-five ofA. 8902--A 7 1 the public authorities law and sections sixteen-a, sixteen-b and 2 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen 3 hundred fifty to impose monetary liability on the owner of a vehicle for 4 failure of an operator thereof: to comply with traffic-control indi- 5 cations in violation of subdivision (d) of section eleven hundred eleven 6 of this chapter through the installation and operation of traffic-con- 7 trol signal photo violation-monitoring systems, in accordance with arti- 8 cle twenty-four of this chapter; or to comply with certain posted maxi- 9 mum speed limits in violation of subdivision (b), (c), (d), (f) or (g) 10 of section eleven hundred eighty of this chapter through the installa- 11 tion and operation of photo speed violation monitoring systems, in 12 accordance with article thirty of this chapter; or to comply with bus 13 lane restrictions as defined by article twenty-four of this chapter 14 through the installation and operation of bus lane photo devices, in 15 accordance with article twenty-four of this chapter; or to comply with 16 toll collection regulations of certain public authorities through the 17 installation and operation of photo-monitoring systems, in accordance 18 with the provisions of section two thousand nine hundred eighty-five of 19 the public authorities law and sections sixteen-a, sixteen-b and 20 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen 21 hundred fifty; or to stop for a school bus displaying a red visual 22 signal in violation of section eleven hundred seventy-four of this chap- 23 ter through the installation and operation of school bus photo violation 24 monitoring systems, in accordance with article twenty-nine of this chap- 25 ter; or to comply with certain posted maximum speed limits in violation 26 of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of 27 this chapter within a highway construction or maintenance work area 28 through the installation and operation of photo speed violation monitor- 29 ing systems, in accordance with article thirty of this chapter; or to 30 comply with gross vehicle weight and/or axle weight restrictions in 31 violation of section three hundred eighty-five of this chapter and the 32 rules of the department of transportation of the city of New York 33 through the installation and operation of weigh in motion violation 34 monitoring systems, in accordance with article ten of this chapter; or 35 to comply with bus operation-related traffic regulations as defined by 36 article twenty-four of this chapter in violation of the rules of the 37 department of transportation of the city of New York through the instal- 38 lation and operation of bus operation-related photo devices, in accord- 39 ance with article twenty-four of this chapter; or to comply with street 40 cleaning parking rules as defined by article twenty-four of this chapter 41 in violation of the rules of the department of transportation of the 42 city of New York through the installation and operation of street clean- 43 ing vehicle photo devices, in accordance with article twenty-four of 44 this chapter. 45 § 5. Subdivisions 1, 1-a and the opening subparagraph of paragraph (a) 46 of subdivision 1-b of section 240 of the vehicle and traffic law, as 47 amended by section 5 of part MM of chapter 56 of the laws of 2023, are 48 amended to read as follows: 49 1. Notice of hearing. Whenever a person charged with a parking 50 violation enters a plea of not guilty; or a person alleged to be liable 51 in accordance with any provisions of law specifically authorizing the 52 imposition of monetary liability on the owner of a vehicle for failure 53 of an operator thereof: to comply with traffic-control indications in 54 violation of subdivision (d) of section eleven hundred eleven of this 55 chapter through the installation and operation of traffic-control signal 56 photo violation-monitoring systems, in accordance with article twenty-A. 8902--A 8 1 four of this chapter; or to comply with certain posted maximum speed 2 limits in violation of subdivision (b), (c), (d), (f) or (g) of section 3 eleven hundred eighty of this chapter through the installation and oper- 4 ation of photo speed violation monitoring systems, in accordance with 5 article thirty of this chapter; or to comply with bus lane restrictions 6 as defined by article twenty-four of this chapter through the installa- 7 tion and operation of bus lane photo devices, in accordance with article 8 twenty-four of this chapter; or to comply with toll collection regu- 9 lations of certain public authorities through the installation and oper- 10 ation of photo-monitoring systems, in accordance with the provisions of 11 section two thousand nine hundred eighty-five of the public authorities 12 law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven 13 hundred seventy-four of the laws of nineteen hundred fifty; or to stop 14 for a school bus displaying a red visual signal in violation of section 15 eleven hundred seventy-four of this chapter through the installation and 16 operation of school bus photo violation monitoring systems, in accord- 17 ance with article twenty-nine of this chapter; or to comply with certain 18 posted maximum speed limits in violation of subdivision (b), (d), (f) or 19 (g) of section eleven hundred eighty of this chapter within a highway 20 construction or maintenance work area through the installation and oper- 21 ation of photo speed violation monitoring systems, in accordance with 22 article thirty of this chapter; or to comply with gross vehicle weight 23 and/or axle weight restrictions in violation of section three hundred 24 eighty-five of this chapter and the rules of the department of transpor- 25 tation of the city of New York through the installation and operation of 26 weigh in motion violation monitoring systems, in accordance with article 27 ten of this chapter; or to comply with bus operation-related traffic 28 regulations as defined by article twenty-four of this chapter in 29 violation of the rules of the department of transportation of the city 30 of New York through the installation and operation of bus operation-re- 31 lated photo devices, in accordance with article twenty-four of this 32 chapter; or to comply with street cleaning parking rules as defined by 33 article twenty-four of this chapter in violation of the rules of the 34 department of transportation of the city of New York through the instal- 35 lation and operation of street cleaning vehicle photo devices, in 36 accordance with article twenty-four of this chapter, contests such alle- 37 gation, the bureau shall advise such person personally by such form of 38 first class mail as the director may direct of the date on which [he or39she] such person must appear to answer the charge at a hearing. The form 40 and content of such notice of hearing shall be prescribed by the direc- 41 tor, and shall contain a warning to advise the person so pleading or 42 contesting that failure to appear on the date designated, or on any 43 subsequent adjourned date, shall be deemed an admission of liability, 44 and that a default judgment may be entered thereon. 45 1-a. Fines and penalties. Whenever a plea of not guilty has been 46 entered, or the bureau has been notified that an allegation of liability 47 in accordance with provisions of law specifically authorizing the impo- 48 sition of monetary liability on the owner of a vehicle for failure of an 49 operator thereof: to comply with traffic-control indications in 50 violation of subdivision (d) of section eleven hundred eleven of this 51 chapter through the installation and operation of traffic-control signal 52 photo violation-monitoring systems, in accordance with article twenty- 53 four of this chapter; or to comply with certain posted maximum speed 54 limits in violation of subdivision (b), (c), (d), (f) or (g) of section 55 eleven hundred eighty of this chapter through the installation and oper- 56 ation of photo speed violation monitoring systems, in accordance withA. 8902--A 9 1 article thirty of this chapter; or to comply with bus lane restrictions 2 as defined by article twenty-four of this chapter through the installa- 3 tion and operation of bus lane photo devices, in accordance with article 4 twenty-four of this chapter; or to comply with toll collection regu- 5 lations of certain public authorities through the installation and oper- 6 ation of photo-monitoring systems, in accordance with the provisions of 7 section two thousand nine hundred eighty-five of the public authorities 8 law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven 9 hundred seventy-four of the laws of nineteen hundred fifty; or to stop 10 for a school bus displaying a red visual signal in violation of section 11 eleven hundred seventy-four of this chapter through the installation and 12 operation of school bus photo violation monitoring systems, in accord- 13 ance with article twenty-nine of this chapter; or to comply with certain 14 posted maximum speed limits in violation of subdivision (b), (d), (f) or 15 (g) of section eleven hundred eighty of this chapter within a highway 16 construction or maintenance work area through the installation and oper- 17 ation of photo speed violation monitoring systems, in accordance with 18 article thirty of this chapter; or to comply with gross vehicle weight 19 and/or axle weight restrictions in violation of section three hundred 20 eighty-five of this chapter and the rules of the department of transpor- 21 tation of the city of New York through the installation and operation of 22 weigh in motion violation monitoring systems, in accordance with article 23 ten of this chapter; or to comply with bus operation-related traffic 24 regulations as defined by article twenty-four of this chapter in 25 violation of the rules of the department of transportation of the city 26 of New York through the installation and operation of bus operation-re- 27 lated photo devices, in accordance with article twenty-four of this 28 chapter; or to comply with street cleaning parking rules as defined by 29 article twenty-four of this chapter in violation of the rules of the 30 department of transportation of the city of New York through the instal- 31 lation and operation of street cleaning vehicle photo devices, in 32 accordance with article twenty-four of this chapter, is being contested, 33 by a person in a timely fashion and a hearing upon the merits has been 34 demanded, but has not yet been held, the bureau shall not issue any 35 notice of fine or penalty to that person prior to the date of the hear- 36 ing. 37 In a city having a population of one million or more, at every hearing 38 for the adjudication of a notice of liability, as provided by this arti- 39 cle, there shall be a rebuttable presumption that the owner of a first- 40 response emergency vehicle alleged to be liable in accordance with any 41 provisions of law specifically authorizing the imposition of monetary 42 liability on the owner of a vehicle for failure of an operator thereof: 43 to comply with traffic-control indications in violation of subdivision 44 (d) of section eleven hundred eleven of this chapter through the instal- 45 lation and operation of traffic-control signal photo violation-monitor- 46 ing systems, in accordance with article twenty-four of this chapter; or 47 to comply with certain posted maximum speed limits in violation of 48 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty 49 of this chapter through the installation and operation of photo speed 50 violation monitoring systems, in accordance with article thirty of this 51 chapter; or to comply with bus lane restrictions as defined by article 52 twenty-four of this chapter through the installation and operation of 53 bus lane photo devices, in accordance with article twenty-four of this 54 chapter; or to comply with bus operation-related traffic regulations as 55 defined by article twenty-four of this chapter in violation of the rules 56 of the department of transportation of the city of New York through theA. 8902--A 10 1 installation and operation of bus operation-related photo devices, in 2 accordance with article twenty-four of this chapter; or to comply with 3 street cleaning parking rules as defined by article twenty-four of this 4 chapter in violation of the rules of the department of transportation 5 of the city of New York through the installation and operation of 6 street cleaning vehicle photo devices, in accordance with article twen- 7 ty-four of this chapter is not liable for such alleged violation if such 8 owner of the first-response emergency vehicle provides the hearing offi- 9 cer with: 10 § 6. Paragraphs a and g of subdivision 2 of section 240 of the vehicle 11 and traffic law, as amended by section 6 of part MM of chapter 56 of the 12 laws of 2023, are amended to read as follows: 13 a. Every hearing for the adjudication of a charge of parking violation 14 or an allegation of liability of an owner for a violation of subdivision 15 (d) of section eleven hundred eleven of this chapter imposed pursuant to 16 a local law or ordinance imposing monetary liability on the owner of a 17 vehicle for failure of an operator thereof to comply with traffic-con- 18 trol indications through the installation and operation of traffic-con- 19 trol signal photo violation-monitoring systems, in accordance with arti- 20 cle twenty-four of this chapter, or an allegation of liability of an 21 owner for a violation of subdivision (b), (c), (d), (f) or (g) of 22 section eleven hundred eighty of this chapter imposed pursuant to a 23 demonstration program imposing monetary liability on the owner of a 24 vehicle for failure of an operator thereof to comply with certain posted 25 maximum speed limits through the installation and operation of photo 26 speed violation monitoring systems, in accordance with article thirty of 27 this chapter, or an allegation of liability of an owner for a violation 28 of bus lane restrictions as defined by article twenty-four of this chap- 29 ter imposed pursuant to a bus rapid transit program imposing monetary 30 liability on the owner of a vehicle for failure of an operator thereof 31 to comply with such bus lane restrictions through the installation and 32 operation of bus lane photo devices, in accordance with article twenty- 33 four of this chapter, or an allegation of liability of an owner for a 34 violation of toll collection regulations imposed by certain public 35 authorities pursuant to the law authorizing such public authorities to 36 impose monetary liability on the owner of a vehicle for failure of an 37 operator thereof to comply with toll collection regulations of such 38 public authorities through the installation and operation of photo-moni- 39 toring systems, in accordance with the provisions of section two thou- 40 sand nine hundred eighty-five of the public authorities law and sections 41 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four 42 of the laws of nineteen hundred fifty, or an allegation of liability of 43 an owner for a violation of section eleven hundred seventy-four of this 44 chapter when meeting a school bus marked and equipped as provided in 45 subdivisions twenty and twenty-one-c of section three hundred seventy- 46 five of this chapter imposed pursuant to a local law or ordinance impos- 47 ing monetary liability on the owner of a vehicle for failure of an oper- 48 ator thereof to comply with school bus red visual signals through the 49 installation and operation of school bus photo violation monitoring 50 systems, in accordance with article twenty-nine of this chapter, or an 51 allegation of liability of an owner for a violation of subdivision (b), 52 (d), (f) or (g) of section eleven hundred eighty of this chapter imposed 53 pursuant to a demonstration program imposing monetary liability on the 54 owner of a vehicle for failure of an operator thereof to comply with 55 certain posted maximum speed limits within a highway construction or 56 maintenance work area through the installation and operation of photoA. 8902--A 11 1 speed violation monitoring systems, in accordance with article thirty of 2 this chapter, or an allegation of liability of an owner for a violation 3 of section three hundred eighty-five of this chapter and the rules of 4 the department of transportation of the city of New York in relation to 5 gross vehicle weight and/or axle weight violations imposed pursuant to a 6 weigh in motion demonstration program imposing monetary liability on the 7 owner of a vehicle for failure of an operator thereof to comply with 8 such gross vehicle weight and/or axle weight restrictions through the 9 installation and operation of weigh in motion violation monitoring 10 systems, in accordance with article ten of this chapter, or an allega- 11 tion of liability of an owner for a violation of bus operation-related 12 traffic regulations as defined by article twenty-four of this chapter 13 imposed pursuant to a demonstration program imposing monetary liability 14 on the owner of a vehicle for failure of an operator thereof to comply 15 with such bus operation-related traffic regulations through the instal- 16 lation and operation of bus operation-related photo devices, in accord- 17 ance with article twenty-four of this chapter, or an allegation of 18 liability of an owner for a violation of street cleaning parking rules 19 as defined by article twenty-four of this chapter imposed pursuant to a 20 demonstration program imposing monetary liability on the owner of a 21 vehicle for failure of an operator thereof to comply with such street 22 cleaning parking rules through the installation and operation of street 23 cleaning vehicle photo devices, in accordance with article twenty-four 24 of this chapter, shall be held before a hearing examiner in accordance 25 with rules and regulations promulgated by the bureau. 26 g. A record shall be made of a hearing on a plea of not guilty or of a 27 hearing at which liability in accordance with any provisions of law 28 specifically authorizing the imposition of monetary liability on the 29 owner of a vehicle for failure of an operator thereof: to comply with 30 traffic-control indications in violation of subdivision (d) of section 31 eleven hundred eleven of this chapter through the installation and oper- 32 ation of traffic-control signal photo violation-monitoring systems, in 33 accordance with article twenty-four of this chapter; to comply with 34 certain posted maximum speed limits in violation of subdivision (b), 35 (c), (d), (f) or (g) of section eleven hundred eighty of this chapter 36 through the installation and operation of photo speed violation monitor- 37 ing systems, in accordance with article thirty of this chapter; to 38 comply with bus lane restrictions as defined by article twenty-four of 39 this chapter through the installation and operation of bus lane photo 40 devices, in accordance with article twenty-four of this chapter; to 41 comply with toll collection regulations of certain public authorities 42 through the installation and operation of photo-monitoring systems, in 43 accordance with the provisions of section two thousand nine hundred 44 eighty-five of the public authorities law and sections sixteen-a, 45 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the 46 laws of nineteen hundred fifty; to stop for a school bus displaying a 47 red visual signal in violation of section eleven hundred seventy-four of 48 this chapter through the installation and operation of school bus photo 49 violation monitoring systems, in accordance with article twenty-nine of 50 this chapter; to comply with certain posted maximum speed limits in 51 violation of subdivision (b), (d), (f) or (g) of section eleven hundred 52 eighty of this chapter within a highway construction or maintenance work 53 area through the installation and operation of photo speed violation 54 monitoring systems, in accordance with article thirty of this chapter; 55 to comply with gross vehicle weight and/or axle weight restrictions in 56 violation of section three hundred eighty-five of this chapter and theA. 8902--A 12 1 rules of the department of transportation of the city of New York 2 through the installation and operation of weigh in motion violation 3 monitoring systems, in accordance with article ten of this chapter; or 4 to comply with bus operation-related traffic regulations as defined by 5 article twenty-four of this chapter in violation of the rules of the 6 department of transportation of the city of New York through the instal- 7 lation and operation of bus operation-related photo devices, in accord- 8 ance with article twenty-four of this chapter; or to comply with street 9 cleaning parking rules as defined by article twenty-four of this chapter 10 in violation of the rules of the department of transportation of the 11 city of New York through the installation and operation of street clean- 12 ing vehicle photo devices, in accordance with article twenty-four of 13 this chapter, is contested. Recording devices may be used for the making 14 of the record. 15 § 7. Subdivisions 1 and 2 of section 241 of the vehicle and traffic 16 law, as amended by section 7 of part MM of chapter 56 of the laws of 17 2023, are amended to read as follows: 18 1. The hearing examiner shall make a determination on the charges, 19 either sustaining or dismissing them. Where the hearing examiner deter- 20 mines that the charges have been sustained [he or she] such examiner may 21 examine either the prior parking violations record or the record of 22 liabilities incurred in accordance with any provisions of law specif- 23 ically authorizing the imposition of monetary liability on the owner of 24 a vehicle for failure of an operator thereof: to comply with traffic- 25 control indications in violation of subdivision (d) of section eleven 26 hundred eleven of this chapter through the installation and operation of 27 traffic-control signal photo violation-monitoring systems, in accordance 28 with article twenty-four of this chapter; to comply with certain posted 29 maximum speed limits in violation of subdivision (b), (c), (d), (f) or 30 (g) of section eleven hundred eighty of this chapter through the instal- 31 lation and operation of photo speed violation monitoring systems, in 32 accordance with article thirty of this chapter; to comply with bus lane 33 restrictions as defined by article twenty-four of this chapter through 34 the installation and operation of bus lane photo devices, in accordance 35 with article twenty-four of this chapter; to comply with toll collection 36 regulations of certain public authorities through the installation and 37 operation of photo-monitoring systems, in accordance with the provisions 38 of section two thousand nine hundred eighty-five of the public authori- 39 ties law and sections sixteen-a, sixteen-b and sixteen-c of chapter 40 seven hundred seventy-four of the laws of nineteen hundred fifty; to 41 stop for a school bus displaying a red visual signal in violation of 42 section eleven hundred seventy-four of this chapter through the instal- 43 lation and operation of school bus photo violation monitoring systems, 44 in accordance with article twenty-nine of this chapter; to comply with 45 certain posted maximum speed limits in violation of subdivision (b), 46 (d), (f) or (g) of section eleven hundred eighty of this chapter within 47 a highway construction or maintenance work area through the installation 48 and operation of photo speed violation monitoring systems, in accordance 49 with article thirty of this chapter; to comply with gross vehicle weight 50 and/or axle weight restrictions in violation of section three hundred 51 eighty-five of this chapter and the rules of the department of transpor- 52 tation of the city of New York through the installation and operation of 53 weigh in motion violation monitoring systems, in accordance with article 54 ten of this chapter; [or] to comply with bus operation-related traffic 55 regulations as defined by article twenty-four of this chapter in 56 violation of the rules of the department of transportation of the cityA. 8902--A 13 1 of New York through the installation and operation of bus operation-re- 2 lated photo devices, in accordance with article twenty-four of this 3 chapter; or to comply with street cleaning parking rules as defined by 4 article twenty-four of this chapter in violation of the rules of the 5 department of transportation of the city of New York through the instal- 6 lation and operation of street cleaning vehicle photo devices, in 7 accordance with article twenty-four of this chapter, of the person 8 charged, as applicable prior to rendering a final determination. Final 9 determinations sustaining or dismissing charges shall be entered on a 10 final determination roll maintained by the bureau together with records 11 showing payment and nonpayment of penalties. 12 2. Where an operator or owner fails to enter a plea to a charge of a 13 parking violation or contest an allegation of liability in accordance 14 with any provisions of law specifically authorizing the imposition of 15 monetary liability on the owner of a vehicle for failure of an operator 16 thereof: to comply with traffic-control indications in violation of 17 subdivision (d) of section eleven hundred eleven of this chapter through 18 the installation and operation of traffic-control signal photo viola- 19 tion-monitoring systems, in accordance with article twenty-four of this 20 chapter; to comply with certain posted maximum speed limits in violation 21 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred 22 eighty of this chapter through the installation and operation of photo 23 speed violation monitoring systems, in accordance with article thirty of 24 this chapter; to comply with bus lane restrictions as defined by article 25 twenty-four of this chapter through the installation and operation of 26 bus lane photo devices, in accordance with article twenty-four of this 27 chapter; to comply with toll collection regulations of certain public 28 authorities through the installation and operation of photo-monitoring 29 systems, in accordance with the provisions of section two thousand nine 30 hundred eighty-five of the public authorities law and sections 31 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four 32 of the laws of nineteen hundred fifty; to stop for a school bus display- 33 ing a red visual signal in violation of section eleven hundred seventy- 34 four of this chapter through the installation and operation of school 35 bus photo violation monitoring systems, in accordance with article twen- 36 ty-nine of this chapter; to comply with certain posted maximum speed 37 limits in violation of subdivision (b), (d), (f) or (g) of section elev- 38 en hundred eighty of this chapter within a highway construction or main- 39 tenance work area through the installation and operation of photo speed 40 violation monitoring systems, in accordance with article thirty of this 41 chapter; to comply with gross vehicle weight and/or axle weight 42 restrictions in violation of section three hundred eighty-five of this 43 chapter and the rules of the department of transportation of the city of 44 New York through the installation and operation of weigh in motion 45 violation monitoring systems, in accordance with article ten of this 46 chapter; [or] to comply with bus operation-related traffic regulations 47 as defined by article twenty-four of this chapter in violation of the 48 rules of the department of transportation of the city of New York 49 through the installation and operation of bus operation-related photo 50 devices, in accordance with article twenty-four of this chapter; or to 51 comply with street cleaning parking rules as defined by article twenty- 52 four of this chapter in violation of the rules of the department of 53 transportation of the city of New York through the installation and 54 operation of street cleaning vehicle photo devices, in accordance with 55 article twenty-four of this chapter, or fails to appear on a designated 56 hearing date or subsequent adjourned date or fails after a hearing toA. 8902--A 14 1 comply with the determination of a hearing examiner, as prescribed by 2 this article or by rule or regulation of the bureau, such failure to 3 plead or contest, appear or comply shall be deemed, for all purposes, an 4 admission of liability and shall be grounds for rendering and entering a 5 default judgment in an amount provided by the rules and regulations of 6 the bureau. However, after the expiration of the original date 7 prescribed for entering a plea and before a default judgment may be 8 rendered, in such case the bureau shall pursuant to the applicable 9 provisions of law notify such operator or owner, by such form of first 10 class mail as the commission may direct; (1) of the violation charged, 11 or liability alleged in accordance with any provisions of law specif- 12 ically authorizing the imposition of monetary liability on the owner of 13 a vehicle for failure of an operator thereof: to comply with traffic- 14 control indications in violation of subdivision (d) of section eleven 15 hundred eleven of this chapter through the installation and operation of 16 traffic-control signal photo violation-monitoring systems, in accordance 17 with article twenty-four of this chapter; to comply with certain posted 18 maximum speed limits in violation of subdivision (b), (c), (d), (f) or 19 (g) of section eleven hundred eighty of this chapter through the instal- 20 lation and operation of photo speed violation monitoring systems, in 21 accordance with article thirty of this chapter; to comply with bus lane 22 restrictions as defined by article twenty-four of this chapter through 23 the installation and operation of bus lane photo devices, in accordance 24 with article twenty-four of this chapter; to comply with toll collection 25 regulations of certain public authorities through the installation and 26 operation of photo-monitoring systems, in accordance with the provisions 27 of section two thousand nine hundred eighty-five of the public authori- 28 ties law and sections sixteen-a, sixteen-b and sixteen-c of chapter 29 seven hundred seventy-four of the laws of nineteen hundred fifty; to 30 stop for a school bus displaying a red visual signal in violation of 31 section eleven hundred seventy-four of this chapter through the instal- 32 lation and operation of school bus photo violation monitoring systems, 33 in accordance with article twenty-nine of this chapter; to comply with 34 certain posted maximum speed limits in violation of subdivision (b), 35 (d), (f) or (g) of section eleven hundred eighty of this chapter within 36 a highway construction or maintenance work area through the installation 37 and operation of photo speed violation monitoring systems, in accordance 38 with article thirty of this chapter; to comply with gross vehicle weight 39 and/or axle weight restrictions in violation of section three hundred 40 eighty-five of this chapter and the rules of the department of transpor- 41 tation of the city of New York through the installation and operation of 42 weigh in motion violation monitoring systems, in accordance with article 43 ten of this chapter; [or] to comply with bus operation-related traffic 44 regulations as defined by article twenty-four of this chapter in 45 violation of the rules of the department of transportation of the city 46 of New York through the installation and operation of bus operation-re- 47 lated photo devices, in accordance with article twenty-four of this 48 chapter; or to comply with street cleaning parking rules as defined by 49 article twenty-four of this chapter in violation of the rules of the 50 department of transportation of the city of New York through the instal- 51 lation and operation of street cleaning vehicle photo devices, in 52 accordance with article twenty-four of this chapter, (2) of the impend- 53 ing default judgment, (3) that such judgment will be entered in the 54 Civil Court of the city in which the bureau has been established, or 55 other court of civil jurisdiction or any other place provided for the 56 entry of civil judgments within the state of New York, and (4) that aA. 8902--A 15 1 default may be avoided by entering a plea or contesting an allegation of 2 liability in accordance with any provisions of law specifically author- 3 izing the imposition of monetary liability on the owner of a vehicle for 4 failure of an operator thereof: to comply with traffic-control indi- 5 cations in violation of subdivision (d) of section eleven hundred eleven 6 of this chapter through the installation and operation of traffic-con- 7 trol signal photo violation-monitoring systems, in accordance with arti- 8 cle twenty-four of this chapter; to comply with certain posted maximum 9 speed limits in violation of subdivision (b), (c), (d), (f) or (g) of 10 section eleven hundred eighty of this chapter through the installation 11 and operation of photo speed violation monitoring systems, in accordance 12 with article thirty of this chapter; to comply with bus lane 13 restrictions as defined by article twenty-four of this chapter through 14 the installation and operation of bus lane photo devices, in accordance 15 with article twenty-four of this chapter; to comply with toll collection 16 regulations of certain public authorities through the installation and 17 operation of photo-monitoring systems, in accordance with the provisions 18 of section two thousand nine hundred eighty-five of the public authori- 19 ties law and sections sixteen-a, sixteen-b and sixteen-c of chapter 20 seven hundred seventy-four of the laws of nineteen hundred fifty; to 21 stop for a school bus displaying a red visual signal in violation of 22 section eleven hundred seventy-four of this chapter through the instal- 23 lation and operation of school bus photo violation monitoring systems, 24 in accordance with article twenty-nine of this chapter; to comply with 25 certain posted maximum speed limits in violation of subdivision (b), 26 (d), (f) or (g) of section eleven hundred eighty of this chapter within 27 a highway construction or maintenance work area through the installation 28 and operation of photo speed violation monitoring systems, in accordance 29 with article thirty of this chapter; to comply with gross vehicle weight 30 and/or axle weight restrictions in violation of section three hundred 31 eighty-five of this chapter and the rules of the department of transpor- 32 tation of the city of New York through the installation and operation of 33 weigh in motion violation monitoring systems, in accordance with article 34 ten of this chapter; [or] to comply with bus operation-related traffic 35 regulations as defined by article twenty-four of this chapter in 36 violation of the rules of the department of transportation of the city 37 of New York through the installation and operation of bus operation-re- 38 lated photo devices, in accordance with article twenty-four of this 39 chapter; or to comply with street cleaning parking rules as defined by 40 article twenty-four of this chapter in violation of the rules of the 41 department of transportation of the city of New York through the instal- 42 lation and operation of street cleaning vehicle photo devices, in 43 accordance with article twenty-four of this chapter; or making an 44 appearance within thirty days of the sending of such notice. Pleas 45 entered and allegations contested within that period shall be in the 46 manner prescribed in the notice and not subject to additional penalty or 47 fee. Such notice of impending default judgment shall not be required 48 prior to the rendering and entry thereof in the case of operators or 49 owners who are non-residents of the state of New York. In no case shall 50 a default judgment be rendered or, where required, a notice of impending 51 default judgment be sent, more than two years after the expiration of 52 the time prescribed for entering a plea or contesting an allegation. 53 When a person has demanded a hearing, no fine or penalty shall be 54 imposed for any reason, prior to the holding of the hearing. If the 55 hearing examiner shall make a determination on the charges, sustainingA. 8902--A 16 1 them, [he or she] such examiner shall impose no greater penalty or fine 2 than those upon which the person was originally charged. 3 § 8. Subparagraph (i) of paragraph a of subdivision 5-a of section 401 4 of the vehicle and traffic law, as amended by section 8 of part MM of 5 chapter 56 of the laws of 2023, is amended to read as follows: 6 (i) If at the time of application for a registration or renewal there- 7 of there is a certification from a court, parking violations bureau, 8 traffic and parking violations agency or administrative tribunal of 9 appropriate jurisdiction that the registrant or [his or her] their 10 representative failed to appear on the return date or any subsequent 11 adjourned date or failed to comply with the rules and regulations of an 12 administrative tribunal following entry of a final decision in response 13 to a total of three or more summonses or other process in the aggregate, 14 issued within an eighteen month period, charging either that: (i) such 15 motor vehicle was parked, stopped or standing, or that such motor vehi- 16 cle was operated for hire by the registrant or [his or her] their agent 17 without being licensed as a motor vehicle for hire by the appropriate 18 local authority, in violation of any of the provisions of this chapter 19 or of any law, ordinance, rule or regulation made by a local authority; 20 or (ii) the registrant was liable for a violation of subdivision (d) of 21 section eleven hundred eleven of this chapter imposed pursuant to a 22 local law or ordinance imposing monetary liability on the owner of a 23 vehicle for failure of an operator thereof to comply with traffic-con- 24 trol indications through the installation and operation of traffic-con- 25 trol signal photo violation-monitoring systems, in accordance with arti- 26 cle twenty-four of this chapter; or (iii) the registrant was liable for 27 a violation of subdivision (b), (c), (d), (f) or (g) of section eleven 28 hundred eighty of this chapter imposed pursuant to a demonstration 29 program imposing monetary liability on the owner of a vehicle for fail- 30 ure of an operator thereof to comply with such posted maximum speed 31 limits through the installation and operation of photo speed violation 32 monitoring systems, in accordance with article thirty of this chapter; 33 or (iv) the registrant was liable for a violation of bus lane 34 restrictions as defined by article twenty-four of this chapter imposed 35 pursuant to a bus rapid transit program imposing monetary liability on 36 the owner of a vehicle for failure of an operator thereof to comply with 37 such bus lane restrictions through the installation and operation of bus 38 lane photo devices, in accordance with article twenty-four of this chap- 39 ter; or (v) the registrant was liable for a violation of section eleven 40 hundred seventy-four of this chapter when meeting a school bus marked 41 and equipped as provided in subdivisions twenty and twenty-one-c of 42 section three hundred seventy-five of this chapter imposed pursuant to a 43 local law or ordinance imposing monetary liability on the owner of a 44 vehicle for failure of an operator thereof to comply with school bus red 45 visual signals through the installation and operation of school bus 46 photo violation monitoring systems, in accordance with article twenty- 47 nine of this chapter; or (vi) the registrant was liable for a violation 48 of section three hundred eighty-five of this chapter and the rules of 49 the department of transportation of the city of New York in relation to 50 gross vehicle weight and/or axle weight violations imposed pursuant to a 51 weigh in motion demonstration program imposing monetary liability on the 52 owner of a vehicle for failure of an operator thereof to comply with 53 such gross vehicle weight and/or axle weight restrictions through the 54 installation and operation of weigh in motion violation monitoring 55 systems, in accordance with article ten of this chapter; or (vii) the 56 registrant was liable for a violation of subdivision (b), (d), (f) orA. 8902--A 17 1 (g) of section eleven hundred eighty of this chapter imposed pursuant to 2 a demonstration program imposing monetary liability on the owner of a 3 vehicle for failure of an operator thereof to comply with such posted 4 maximum speed limits within a highway construction or maintenance work 5 area through the installation and operation of photo speed violation 6 monitoring systems, in accordance with article thirty of this 7 chapter[,]; or (viii) the registrant was liable for a violation of bus 8 operation-related traffic regulations as defined by article twenty-four 9 of this chapter imposed pursuant to a demonstration program imposing 10 monetary liability on the owner of a vehicle for failure of an operator 11 thereof to comply with such bus operation-related traffic regulations 12 through the installation and operation of bus operation-related photo 13 devices, in accordance with article twenty-four of this chapter[,]; or 14 (ix) the registrant was liable for a violation of street cleaning park- 15 ing rules as defined by article twenty-four of this chapter imposed 16 pursuant to a demonstration program imposing monetary liability on the 17 owner of a vehicle for failure of an operator thereof to comply with 18 such street cleaning parking rules through the installation and opera- 19 tion of street cleaning vehicle photo devices, in accordance with arti- 20 cle twenty-four of this chapter, the commissioner or [his or her] their 21 agent shall deny the registration or renewal application until the 22 applicant provides proof from the court, traffic and parking violations 23 agency or administrative tribunal wherein the charges are pending that 24 an appearance or answer has been made or in the case of an administra- 25 tive tribunal that [he or she] such applicant has complied with the 26 rules and regulations of said tribunal following entry of a final deci- 27 sion. Where an application is denied pursuant to this section, the 28 commissioner may, in [his or her] their discretion, deny a registration 29 or renewal application to any other person for the same vehicle and may 30 deny a registration or renewal application for any other motor vehicle 31 registered in the name of the applicant where the commissioner has 32 determined that such registrant's intent has been to evade the purposes 33 of this subdivision and where the commissioner has reasonable grounds to 34 believe that such registration or renewal will have the effect of 35 defeating the purposes of this subdivision. Such denial shall only 36 remain in effect as long as the summonses remain unanswered, or in the 37 case of an administrative tribunal, the registrant fails to comply with 38 the rules and regulations following entry of a final decision. 39 § 9. Subdivision 1-a of section 1809 of the vehicle and traffic law, 40 as amended by section 9 of part MM of chapter 56 of the laws of 2023, is 41 amended to read as follows: 42 1-a. Notwithstanding the provisions of subdivision one of this 43 section, the provisions of subdivision one of this section shall not 44 apply to an adjudication of liability of owners: (a) for violations of 45 subdivision (d) of section eleven hundred eleven of this chapter imposed 46 pursuant to a local law or ordinance imposing monetary liability on the 47 owner of a vehicle for failure of an operator thereof to comply with 48 traffic-control indications through the installation and operation of 49 traffic-control signal photo violation-monitoring systems, in accordance 50 with article twenty-four of this chapter; or (b) for violations of 51 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty 52 of this chapter imposed pursuant to a demonstration program imposing 53 monetary liability on the owner of a vehicle for failure of an operator 54 thereof to comply with such posted maximum speed limits through the 55 installation and operation of photo speed violation monitoring systems, 56 in accordance with article thirty of this chapter; or (c) for violationsA. 8902--A 18 1 of bus lane restrictions as defined by article twenty-four of this chap- 2 ter imposed pursuant to a bus rapid transit program imposing monetary 3 liability on the owner of a vehicle for failure of an operator thereof 4 to comply with such bus lane restrictions through the installation and 5 operation of bus lane photo devices, in accordance with article twenty- 6 four of this chapter; or (d) for violations of toll collection regu- 7 lations imposed by certain public authorities pursuant to the law 8 authorizing such public authorities to impose monetary liability on the 9 owner of a vehicle for failure of an operator thereof to comply with 10 toll collection regulations of such public authorities through the 11 installation and operation of photo-monitoring systems, in accordance 12 with the provisions of section two thousand nine hundred eighty-five of 13 the public authorities law and sections sixteen-a, sixteen-b and 14 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen 15 hundred fifty; or (e) for violations of section eleven hundred seventy- 16 four of this chapter when meeting a school bus marked and equipped as 17 provided in subdivisions twenty and twenty-one-c of section three 18 hundred seventy-five of this chapter imposed pursuant to a local law or 19 ordinance imposing monetary liability on the owner of a vehicle for 20 failure of an operator thereof to comply with school bus red visual 21 signals through the installation and operation of school bus photo 22 violation monitoring systems, in accordance with article twenty-nine of 23 this chapter; or (f) for violations of section three hundred eighty-five 24 of this chapter and the rules of the department of transportation of the 25 city of New York in relation to gross vehicle weight and/or axle weight 26 violations imposed pursuant to a weigh in motion demonstration program 27 imposing monetary liability on the owner of a vehicle for failure of an 28 operator thereof to comply with such gross vehicle weight and/or axle 29 weight restrictions through the installation and operation of weigh in 30 motion violation monitoring systems, in accordance with article ten of 31 this chapter; or (g) for violations of subdivision (b), (d), (f) or (g) 32 of section eleven hundred eighty 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 posted 35 maximum speed limits within a highway construction or maintenance work 36 area through the installation and operation of photo speed violation 37 monitoring systems, in accordance with article thirty of this chapter; 38 or (h) for violations of bus operation-related traffic regulations as 39 defined by article twenty-four of this chapter imposed pursuant to a 40 demonstration program imposing monetary liability on the owner of a 41 vehicle for failure of an operator thereof to comply with such bus oper- 42 ation-related traffic regulations through the installation and operation 43 of bus operation-related photo devices, in accordance with article twen- 44 ty-four of this chapter; or (i) for violations of street cleaning park- 45 ing rules as defined by article twenty-four of this chapter imposed 46 pursuant to a demonstration program imposing monetary liability on the 47 owner of a vehicle for failure of an operator thereof to comply with 48 such street cleaning parking rules through the installation and opera- 49 tion of street cleaning vehicle photo devices, in accordance with arti- 50 cle twenty-four of this chapter. 51 § 10. Subdivision 1 of section 1809-a of the vehicle and traffic law, 52 as amended by section 10 of part MM of chapter 56 of the laws of 2023, 53 is amended to read as follows: 54 1. The provisions of any other general or special law notwithstanding, 55 whenever, in a city having a population of one hundred thousand or more 56 according to the nineteen hundred eighty United States census,A. 8902--A 19 1 proceedings in an administrative tribunal or a court result in a finding 2 of liability, or conviction for the violation of any statute, local law, 3 ordinance or rule involving the parking, stopping or standing of a motor 4 vehicle, except (a) an adjudication of liability of an owner for a 5 violation of bus operation-related traffic regulations as defined by 6 article twenty-four of this chapter imposed pursuant to a demonstration 7 program imposing monetary liability on the owner of a vehicle for fail- 8 ure of an operator thereof to comply with such bus operation-related 9 traffic regulations through the installation and operation of bus opera- 10 tion-related photo devices, in accordance with article twenty-four of 11 this chapter, or (b) an adjudication of liability of an owner for a 12 violation of street cleaning parking rules as defined by article twen- 13 ty-four of this chapter imposed pursuant to a demonstration program 14 imposing monetary liability on the owner of a vehicle for failure of an 15 operator thereof to comply with such street cleaning parking rules 16 through the installation and operation of street cleaning vehicle photo 17 devices, in accordance with article twenty-four of this chapter, there 18 shall be levied a mandatory surcharge in addition to any other sentence, 19 fine or penalty otherwise permitted or required, in the amount of 20 fifteen dollars. Such surcharge shall not be deemed a monetary penalty 21 for the purposes of section two hundred thirty-seven of this chapter or 22 section 19-203 of the administrative code of the city of New York. 23 § 11. Subdivision 1 of section 1809-aa of the vehicle and traffic law, 24 as amended by section 11 of part MM of chapter 56 of the laws of 2023, 25 is amended to read as follows: 26 1. Notwithstanding any other provision of law, whenever proceedings in 27 an administrative tribunal or court result in a conviction for a 28 violation of section twelve hundred, twelve hundred one or twelve 29 hundred two of this chapter, except (a) an adjudication of liability of 30 an owner for a violation of bus operation-related traffic regulations as 31 defined by article twenty-four of this chapter imposed pursuant to a 32 demonstration program imposing monetary liability on the owner of a 33 vehicle for failure of an operator thereof to comply with such bus oper- 34 ation-related traffic regulations through the installation and operation 35 of bus operation-related photo devices, in accordance with article twen- 36 ty-four of this chapter, or (b) an adjudication of liability of an 37 owner for a violation of street cleaning parking rules as defined by 38 article twenty-four of this chapter imposed pursuant to a demon- 39 stration program imposing monetary liability on the owner of a 40 vehicle for failure of an operator thereof to comply with such street 41 cleaning parking rules through the installation and operation of street 42 cleaning vehicle photo devices, in accordance with article twenty-four 43 of this chapter, there shall be levied a mandatory surcharge in addition 44 to any other sentence, fine or penalty otherwise permitted or required, 45 in the amount of twenty-five dollars. 46 § 12. Paragraph a of subdivision 1 of section 1809-e of the vehicle 47 and traffic law, as amended by section 12 of part MM of chapter 56 of 48 the laws of 2023, is amended to read as follows: 49 a. Notwithstanding any other provision of law, whenever proceedings in 50 a court or an administrative tribunal of this state result in a 51 conviction for an offense under this chapter, except a conviction pursu- 52 ant to section eleven hundred ninety-two of this chapter, or for a traf- 53 fic infraction under this chapter, or a local law, ordinance, rule or 54 regulation adopted pursuant to this chapter, except: (i) a traffic 55 infraction involving standing, stopping, or parking or violations by 56 pedestrians or bicyclists; and (ii) an adjudication of liability of anA. 8902--A 20 1 owner for a violation of subdivision (d) of section eleven hundred elev- 2 en of this chapter imposed pursuant to a local law or ordinance imposing 3 monetary liability on the owner of a vehicle for failure of an operator 4 thereof to comply with traffic-control indications through the installa- 5 tion and operation of traffic-control signal photo violation-monitoring 6 systems, in accordance with article twenty-four of this chapter; and 7 (iii) an adjudication of liability of an owner for a violation of subdi- 8 vision (b), (c), (d), (f) or (g) of section eleven hundred eighty of 9 this chapter imposed pursuant to a demonstration program imposing mone- 10 tary liability on the owner of a vehicle for failure of an operator 11 thereof to comply with such posted maximum speed limits through the 12 installation and operation of photo speed violation monitoring systems, 13 in accordance with article thirty of this chapter; and (iv) an adjudi- 14 cation of liability of an owner for a violation of bus lane restrictions 15 as defined by article twenty-four of this chapter imposed pursuant to a 16 bus rapid transit program imposing monetary liability on the owner of a 17 vehicle for failure of an operator thereof to comply with such bus lane 18 restrictions through the installation and operation of bus lane photo 19 devices, in accordance with article twenty-four of this chapter; and (v) 20 an adjudication of liability of an owner for a violation of toll 21 collection regulations imposed by certain public authorities pursuant to 22 the law authorizing such public authorities to impose monetary liability 23 on the owner of a vehicle for failure of an operator thereof to comply 24 with toll collection regulations of such public authorities through the 25 installation and operation of photo-monitoring systems, in accordance 26 with section two thousand nine hundred eighty-five of the public author- 27 ities law or sections sixteen-a, sixteen-b and sixteen-c of chapter 28 seven hundred seventy-four of the laws of nineteen hundred fifty; and 29 (vi) an adjudication of liability of an owner for a violation of section 30 eleven hundred seventy-four of this chapter when meeting a school bus 31 marked and equipped as provided in subdivisions twenty and twenty-one-c 32 of section three hundred seventy-five of this chapter imposed pursuant 33 to a local law or ordinance imposing monetary liability on the owner of 34 a vehicle for failure of an operator thereof to comply with school bus 35 red visual signals through the installation and operation of school bus 36 photo violation monitoring systems, in accordance with article twenty- 37 nine of this chapter; and (vii) an adjudication of liability of an owner 38 for a violation of section three hundred eighty-five of this chapter and 39 the rules of the department of transportation of the city of New York in 40 relation to gross vehicle weight and/or axle weight violations imposed 41 pursuant to a weigh in motion demonstration program imposing monetary 42 liability on the owner of a vehicle for failure of an operator thereof 43 to comply with such gross vehicle weight and/or axle weight restrictions 44 through the installation and operation of weigh in motion violation 45 monitoring systems, in accordance with article ten of this chapter; and 46 (viii) an adjudication of liability of an owner for a violation of 47 subdivision (b), (d), (f) or (g) of section eleven hundred eighty of 48 this chapter imposed pursuant to a demonstration program imposing mone- 49 tary liability on the owner of a vehicle for failure of an operator 50 thereof to comply with such posted maximum speed limits within a highway 51 construction or maintenance work area through the installation and oper- 52 ation of photo speed violation monitoring systems, in accordance with 53 article thirty of this chapter; and (ix) an adjudication of liability of 54 an owner for a violation of bus operation-related traffic regulations as 55 defined by article twenty-four of this chapter imposed pursuant to a 56 demonstration program imposing monetary liability on the owner of aA. 8902--A 21 1 vehicle for failure of an operator thereof to comply with such bus oper- 2 ation-related traffic regulations through the installation and operation 3 of bus operation-related photo devices, in accordance with article twen- 4 ty-four of this chapter; and (x) an adjudication of liability of an 5 owner for a violation of street cleaning parking rules as defined by 6 article twenty-four of this chapter imposed pursuant to a demonstration 7 program imposing monetary liability on the owner of a vehicle for fail- 8 ure of an operator thereof to comply with such street cleaning parking 9 rules through the installation and operation of street cleaning vehicle 10 photo devices, in accordance with article twenty-four of this chapter, 11 there shall be levied in addition to any sentence, penalty or other 12 surcharge required or permitted by law, an additional surcharge of twen- 13 ty-eight dollars. 14 § 13. Subdivision 2 of section 87 of the public officers law is 15 amended by adding a new paragraph (u) to read as follows: 16 (u) are photographs, microphotographs, videotape or other recorded 17 images prepared under authority of section eleven hundred eleven-h of 18 the vehicle and traffic law. 19 § 14. This act shall take effect one year after it shall have become a 20 law; provided, however, that sections one and thirteen of this act shall 21 expire July 1, 2029, when upon such date the provisions of such sections 22 shall be deemed repealed; provided further, however, that: 23 (a) the amendments to subdivision 1 of section 1809-a of the vehicle 24 and traffic law made by section ten of this act shall not affect the 25 repeal of such section and shall be deemed repealed therewith; 26 (b) if section 2 of part MM of chapter 56 of the laws of 2023 shall 27 not have taken effect on or before such date then section two of this 28 act shall take effect on the same date and in the same manner as such 29 chapter of the laws of 2023, takes effect; 30 (c) if section 3 of part MM of chapter 56 of the laws of 2023 shall 31 not have taken effect on or before such date then section three of this 32 act shall take effect on the same date and in the same manner as such 33 chapter of the laws of 2023, takes effect; 34 (d) if section 4 of part MM of chapter 56 of the laws of 2023 shall 35 not have taken effect on or before such date then section four of this 36 act shall take effect on the same date and in the same manner as such 37 chapter of the laws of 2023, takes effect; 38 (e) if section 5 of part MM of chapter 56 of the laws of 2023 shall 39 not have taken effect on or before such date then section five of this 40 act shall take effect on the same date and in the same manner as such 41 chapter of the laws of 2023, takes effect; 42 (f) if section 6 of part MM of chapter 56 of the laws of 2023 shall 43 not have taken effect on or before such date then section six of this 44 act shall take effect on the same date and in the same manner as such 45 chapter of the laws of 2023, takes effect; 46 (g) if section 7 of part MM of chapter 56 of the laws of 2023 shall 47 not have taken effect on or before such date then section seven of this 48 act shall take effect on the same date and in the same manner as such 49 chapter of the laws of 2023, takes effect; 50 (h) if section 8 of part MM of chapter 56 of the laws of 2023 shall 51 not have taken effect on or before such date then section eight of this 52 act shall take effect on the same date and in the same manner as such 53 chapter of the laws of 2023, takes effect; 54 (i) if section 9 of part MM of chapter 56 of the laws of 2023 shall 55 not have taken effect on or before such date then section nine of thisA. 8902--A 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.