STATE OF NEW YORK
________________________________________________________________________
4524--A
2019-2020 Regular Sessions
IN SENATE
March 14, 2019
___________
Introduced by Sens. KENNEDY, KAPLAN -- read twice and ordered printed,
and when printed to be committed to the Committee on Transportation --
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 school bus
safety cameras and owner liability for operator illegally overtaking
or passing a school bus; to amend the general municipal law, in
relation to jurisdiction and procedure; to amend the public officers
law, in relation to certain photographs, videotapes or other recorded
images; and to amend the education law, in relation to authorizing
school districts to enter into agreements for the installation and use
of school bus safety cameras
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Subdivision 1 of section 235 of the vehicle and traffic
2 law, as amended by section 1 of chapter 222 of the laws of 2015, is
3 amended to read as follows:
4 1. Notwithstanding any inconsistent provision of any general, special
5 or local law or administrative code to the contrary, in any city which
6 heretofore or hereafter is authorized to establish an administrative
7 tribunal to hear and determine complaints of traffic infractions consti-
8 tuting parking, standing or stopping violations, or to adjudicate the
9 liability of owners for violations of subdivision (d) of section eleven
10 hundred eleven of this chapter in accordance with section eleven hundred
11 eleven-a of this chapter, or to adjudicate the liability of owners for
12 violations of subdivision (d) of section eleven hundred eleven of this
13 chapter in accordance with sections eleven hundred eleven-b of this
14 chapter as added by sections sixteen of chapters twenty, [twenty-one,]
15 and twenty-two of the laws of two thousand nine, or to adjudicate the
16 liability of owners for violations of subdivision (d) of section eleven
17 hundred eleven of this chapter in accordance with section eleven hundred
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09710-05-9
S. 4524--A 2
1 eleven-d of this chapter, or to adjudicate the liability of owners for
2 violations of section eleven hundred seventy-four of this chapter in
3 accordance with section eleven hundred seventy-four-a of this chapter,
4 or to adjudicate the liability of owners for violations of subdivision
5 (d) of section eleven hundred eleven of this chapter in accordance with
6 section eleven hundred eleven-e of this chapter, or to adjudicate the
7 liability of owners for violations of toll collection regulations as
8 defined in and in accordance with the provisions of section two thousand
9 nine hundred eighty-five of the public authorities law and sections
10 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
11 of the laws of nineteen hundred fifty, or to adjudicate liability of
12 owners in accordance with section eleven hundred eleven-c of this chap-
13 ter for violations of bus lane restrictions as defined in subdivision
14 (b), (c), (d), (f) or (g) of such section, or to adjudicate the liabil-
15 ity of owners for violations of section eleven hundred eighty of this
16 chapter in accordance with section eleven hundred eighty-b of this chap-
17 ter, such tribunal and the rules and regulations pertaining thereto
18 shall be constituted in substantial conformance with the following
19 sections.
20 § 1-a. Section 235 of the vehicle and traffic law, as amended by
21 section 1-a of chapter 222 of the laws of 2015, is amended to read as
22 follows:
23 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
24 general, special or local law or administrative code to the contrary, in
25 any city which heretofore or hereafter is authorized to establish an
26 administrative tribunal to hear and determine complaints of traffic
27 infractions constituting parking, standing or stopping violations, or to
28 adjudicate the liability of owners for violations of subdivision (d) of
29 section eleven hundred eleven of this chapter in accordance with section
30 eleven hundred eleven-a of this chapter, or to adjudicate the liability
31 of owners for violations of subdivision (d) of section eleven hundred
32 eleven of this chapter in accordance with sections eleven hundred
33 eleven-b of this chapter as added by sections sixteen of chapters twen-
34 ty, [twenty-one,] and twenty-two of the laws of two thousand nine, or to
35 adjudicate the liability of owners for violations of subdivision (d) of
36 section eleven hundred eleven of this chapter in accordance with section
37 eleven hundred eleven-d of this chapter, or to adjudicate the liability
38 of owners for violations of subdivision (d) of section eleven hundred
39 eleven of this chapter in accordance with section eleven hundred
40 eleven-e of this chapter, or to adjudicate the liability of owners for
41 violations of section eleven hundred seventy-four of this chapter in
42 accordance with section eleven hundred seventy-four-a of this chapter,
43 or to adjudicate the liability of owners for violations of toll
44 collection regulations as defined in and in accordance with the
45 provisions of section two thousand nine hundred eighty-five of the
46 public authorities law and sections sixteen-a, sixteen-b and sixteen-c
47 of chapter seven hundred seventy-four of the laws of nineteen hundred
48 fifty, or to adjudicate liability of owners in accordance with section
49 eleven hundred eleven-c of this chapter for violations of bus lane
50 restrictions as defined in such section, or to adjudicate the liability
51 of owners for violations of subdivision (b), (c), (d), (f) or (g) of
52 section eleven hundred eighty of this chapter in accordance with section
53 eleven hundred eighty-b of this chapter, such tribunal and the rules and
54 regulations pertaining thereto shall be constituted in substantial
55 conformance with the following sections.
S. 4524--A 3
1 § 1-b. Section 235 of the vehicle and traffic law, as amended by
2 section 1-b of chapter 222 of the laws of 2015, is amended to read as
3 follows:
4 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
5 general, special or local law or administrative code to the contrary, in
6 any city which heretofore or hereafter is authorized to establish an
7 administrative tribunal to hear and determine complaints of traffic
8 infractions constituting parking, standing or stopping violations, or to
9 adjudicate the liability of owners for violations of subdivision (d) of
10 section eleven hundred eleven of this chapter in accordance with
11 sections eleven hundred eleven-b of this chapter as added by sections
12 sixteen of chapters twenty, [twenty-one,] and twenty-two of the laws of
13 two thousand nine, or to adjudicate the liability of owners for
14 violations of subdivision (d) of section eleven hundred eleven of this
15 chapter in accordance with section eleven hundred eleven-d of this chap-
16 ter, or to adjudicate the liability of owners for violations of subdivi-
17 sion (d) of section eleven hundred eleven of this chapter in accordance
18 with section eleven hundred eleven-e of this chapter, or to adjudicate
19 the liability of owners for violations of section eleven hundred seven-
20 ty-four of this chapter in accordance with section eleven hundred seven-
21 ty-four-a of this chapter, or to adjudicate the liability of owners for
22 violations of toll collection regulations as defined in and in accord-
23 ance with the provisions of section two thousand nine hundred eighty-
24 five of the public authorities law and sections sixteen-a, sixteen-b and
25 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
26 hundred fifty, or to adjudicate liability of owners in accordance with
27 section eleven hundred eleven-c of this chapter for violations of bus
28 lane restrictions as defined in such section, or to adjudicate the
29 liability of owners for violations of subdivision (b), (c), (d), (f) or
30 (g) of section eleven hundred eighty of this chapter in accordance with
31 section eleven hundred eighty-b of this chapter, such tribunal and the
32 rules and regulations pertaining thereto shall be constituted in
33 substantial conformance with the following sections.
34 § 1-c. Section 235 of the vehicle and traffic law, as amended by
35 section 1-c of chapter 222 of the laws of 2015, is amended to read as
36 follows:
37 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
38 general, special or local law or administrative code to the contrary, in
39 any city which heretofore or hereafter is authorized to establish an
40 administrative tribunal to hear and determine complaints of traffic
41 infractions constituting parking, standing or stopping violations, or to
42 adjudicate the liability of owners for violations of subdivision (d) of
43 section eleven hundred eleven of this chapter in accordance with section
44 eleven hundred eleven-d of this chapter, or to adjudicate the liability
45 of owners for violations of subdivision (d) of section eleven hundred
46 eleven of this chapter in accordance with section eleven hundred
47 eleven-e of this chapter, or to adjudicate the liability of owners for
48 violations of section eleven hundred seventy-four of this chapter in
49 accordance with section eleven hundred seventy-four-a of this chapter,
50 or to adjudicate the liability of owners for violations of toll
51 collection regulations as defined in and in accordance with the
52 provisions of section two thousand nine hundred eighty-five of the
53 public authorities law and sections sixteen-a, sixteen-b and sixteen-c
54 of chapter seven hundred seventy-four of the laws of nineteen hundred
55 fifty, or to adjudicate liability of owners in accordance with section
56 eleven hundred eleven-c of this chapter for violations of bus lane
S. 4524--A 4
1 restrictions as defined in such section, or to adjudicate the liability
2 of owners for violations of subdivision (b), (c), (d), (f) or (g) of
3 section eleven hundred eighty of this chapter in accordance with section
4 eleven hundred eighty-b of this chapter, such tribunal and the rules and
5 regulations pertaining thereto shall be constituted in substantial
6 conformance with the following sections.
7 § 1-d. Section 235 of the vehicle and traffic law, as amended by
8 section 1-d of chapter 222 of the laws of 2015, is amended to read as
9 follows:
10 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
11 general, special or local law or administrative code to the contrary, in
12 any city which heretofore or hereafter is authorized to establish an
13 administrative tribunal to hear and determine complaints of traffic
14 infractions constituting parking, standing or stopping violations, or to
15 adjudicate the liability of owners for violations of subdivision (d) of
16 section eleven hundred eleven of this chapter in accordance with section
17 eleven hundred eleven-d of this chapter, or to adjudicate the liability
18 of owners for violations of subdivision (d) of section eleven hundred
19 eleven of this chapter in accordance with section eleven hundred
20 eleven-e of this chapter, or to adjudicate the liability of owners for
21 violations of section eleven hundred seventy-four of this chapter in
22 accordance with section eleven hundred seventy-four-a of this chapter,
23 or to adjudicate the liability of owners for violations of toll
24 collection regulations as defined in and in accordance with the
25 provisions of section two thousand nine hundred eighty-five of the
26 public authorities law and sections sixteen-a, sixteen-b and sixteen-c
27 of chapter seven hundred seventy-four of the laws of nineteen hundred
28 fifty, or to adjudicate liability of owners for violations of subdivi-
29 sions (c) and (d) of section eleven hundred eighty of this chapter in
30 accordance with section eleven hundred eighty-b of this chapter, such
31 tribunal and the rules and regulations pertaining thereto shall be
32 constituted in substantial conformance with the following sections.
33 § 1-e. Section 235 of the vehicle and traffic law, as amended by
34 section 1-e of chapter 222 of the laws of 2015, is amended to read as
35 follows:
36 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
37 general, special or local law or administrative code to the contrary, in
38 any city which heretofore or hereafter is authorized to establish an
39 administrative tribunal to hear and determine complaints of traffic
40 infractions constituting parking, standing or stopping violations, or to
41 adjudicate the liability of owners for violations of subdivision (d) of
42 section eleven hundred eleven of this chapter in accordance with section
43 eleven hundred eleven-d of this chapter, or to adjudicate the liability
44 of owners for violations of subdivision (d) of section eleven hundred
45 eleven of this chapter in accordance with section eleven hundred
46 eleven-e of this chapter, or to adjudicate the liability of owners for
47 violations of section eleven hundred seventy-four of this chapter in
48 accordance with section eleven hundred seventy-four-a of this chapter,
49 or to adjudicate the liability of owners for violations of toll
50 collection regulations as defined in and in accordance with the
51 provisions of section two thousand nine hundred eighty-five of the
52 public authorities law and sections sixteen-a, sixteen-b and sixteen-c
53 of chapter seven hundred seventy-four of the laws of nineteen hundred
54 fifty, such tribunal and the rules and regulations pertaining thereto
55 shall be constituted in substantial conformance with the following
56 sections.
S. 4524--A 5
1 § 1-f. Section 235 of the vehicle and traffic law, as amended by
2 section 1-f of chapter 222 of the laws of 2015, is amended to read as
3 follows:
4 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
5 general, special or local law or administrative code to the contrary, in
6 any city which heretofore or hereafter is authorized to establish an
7 administrative tribunal to hear and determine complaints of traffic
8 infractions constituting parking, standing or stopping violations, or to
9 adjudicate the liability of owners for violations of subdivision (d) of
10 section eleven hundred eleven of this chapter in accordance with section
11 eleven hundred eleven-e of this chapter, or to adjudicate the liability
12 of owners for violations of section eleven hundred seventy-four of this
13 chapter in accordance with section eleven hundred seventy-four-a of this
14 chapter, or to adjudicate the liability of owners for violations of toll
15 collection regulations as defined in and in accordance with the
16 provisions of section two thousand nine hundred eighty-five of the
17 public authorities law and sections sixteen-a, sixteen-b and sixteen-c
18 of chapter seven hundred seventy-four of the laws of nineteen hundred
19 fifty, such tribunal and the rules and regulations pertaining thereto
20 shall be constituted in substantial conformance with the following
21 sections.
22 § 1-g. Section 235 of the vehicle and traffic law, as separately
23 amended by chapter 715 of the laws of 1972 and chapter 379 of the laws
24 of 1992, is amended to read as follows:
25 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
26 general, special or local law or administrative code to the contrary, in
27 any city which heretofore or hereafter is authorized to establish an
28 administrative tribunal to hear and determine complaints of traffic
29 infractions constituting parking, standing or stopping violations, or to
30 adjudicate the liability of owners for violations of section eleven
31 hundred seventy-four of this chapter in accordance with section eleven
32 hundred seventy-four-a of this chapter, or to adjudicate the liability
33 of owners for violations of toll collection regulations as defined in
34 and in accordance with the provisions of section two thousand nine
35 hundred eighty-five of the public authorities law and sections
36 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
37 of the laws of nineteen hundred fifty, such tribunal and the rules and
38 regulations pertaining thereto shall be constituted in substantial
39 conformance with the following sections.
40 § 2. Subdivision 1 of section 236 of the vehicle and traffic law, as
41 amended by section 2 of chapter 222 of the laws of 2015, is amended to
42 read as follows:
43 1. Creation. In any city as hereinbefore or hereafter authorized such
44 tribunal when created shall be known as the parking violations bureau
45 and shall have jurisdiction of traffic infractions which constitute a
46 parking violation and, where authorized by local law adopted pursuant to
47 subdivision (a) of section eleven hundred eleven-a of this chapter or
48 subdivisions (a) of sections eleven hundred eleven-b of this chapter as
49 added by sections sixteen of chapters twenty, [twenty-one,] and twenty-
50 two of the laws of two thousand nine, or subdivision (a) of section
51 eleven hundred eleven-d of this chapter, or subdivision (a) of section
52 eleven hundred eleven-e of this chapter, or subdivision (a) of section
53 eleven hundred seventy-four-a of this chapter, shall adjudicate the
54 liability of owners for violations of subdivision (d) of section eleven
55 hundred eleven of this chapter in accordance with such section eleven
56 hundred eleven-a, sections eleven hundred eleven-b as added by sections
S. 4524--A 6
1 sixteen of chapters twenty, [twenty-one,] and twenty-two of the laws of
2 two thousand nine, or section eleven hundred eleven-d or section eleven
3 hundred eleven-e and shall adjudicate the liability of owners for
4 violations of toll collection regulations as defined in and in accord-
5 ance with the provisions of section two thousand nine hundred eighty-
6 five of the public authorities law and sections sixteen-a, sixteen-b and
7 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
8 hundred fifty and shall adjudicate liability of owners in accordance
9 with section eleven hundred eleven-c of this chapter for violations of
10 bus lane restrictions as defined in such section and shall adjudicate
11 liability of owners in accordance with section eleven hundred seventy-
12 four-a of this chapter for violations of section eleven hundred seven-
13 ty-four of this chapter and shall adjudicate the liability of owners for
14 violations of subdivision (b), (c), (d), (f) or (g) of section eleven
15 hundred eighty of this chapter in accordance with section eleven hundred
16 eighty-b of this chapter. Such tribunal, except in a city with a popu-
17 lation of one million or more, shall also have jurisdiction of abandoned
18 vehicle violations. For the purposes of this article, a parking
19 violation is the violation of any law, rule or regulation providing for
20 or regulating the parking, stopping or standing of a vehicle. In addi-
21 tion for purposes of this article, "commissioner" shall mean and include
22 the commissioner of traffic of the city or an official possessing
23 authority as such a commissioner.
24 § 2-a. Subdivision 1 of section 236 of the vehicle and traffic law, as
25 amended by section 2-a of chapter 222 of the laws of 2015, is amended to
26 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 by local law adopted pursuant to
31 subdivisions (a) of sections eleven hundred eleven-b of this chapter as
32 added by sections sixteen of chapters twenty, [twenty-one,] and twenty-
33 two of the laws of two thousand nine, or subdivision (a) of section
34 eleven hundred eleven-d of this chapter, or subdivision (a) of section
35 eleven hundred eleven-e of this chapter, or subdivision (a) of section
36 eleven hundred seventy-four-a of this chapter, shall adjudicate the
37 liability of owners for violations of subdivision (d) of section eleven
38 hundred eleven of this chapter in accordance with such sections eleven
39 hundred eleven-b as added by sections sixteen of chapters twenty, [twen-
40 ty-one,] and twenty-two of the laws of two thousand nine or section
41 eleven hundred eleven-d or section eleven hundred eleven-e; and shall
42 adjudicate liability of owners in accordance with section eleven hundred
43 eleven-c of this chapter for violations of bus lane restrictions as
44 defined in such section and shall adjudicate liability of owners in
45 accordance with section eleven hundred seventy-four-a of this chapter
46 for violations of section eleven hundred seventy-four of this chapter
47 and shall adjudicate liability of owners for violations of subdivisions
48 (c) and (d) of section eleven hundred eighty of this chapter in accord-
49 ance with section eleven hundred eighty-b of this chapter. For the
50 purposes of this article, a parking violation is the violation of any
51 law, rule or regulation providing for or regulating the parking, stop-
52 ping or standing of a vehicle. In addition for purposes of this article,
53 "commissioner" shall mean and include the commissioner of traffic of the
54 city or an official possessing authority as such a commissioner.
S. 4524--A 7
1 § 2-b. Subdivision 1 of section 236 of the vehicle and traffic law, as
2 amended by section 2-b of chapter 222 of the laws of 2015, is amended to
3 read as follows:
4 1. Creation. In any city as hereinbefore or hereafter authorized such
5 tribunal when created shall be known as the parking violations bureau
6 and shall have jurisdiction of traffic infractions which constitute a
7 parking violation and, where authorized by local law adopted pursuant to
8 subdivision (a) of section eleven hundred eleven-d or subdivision (a) of
9 section eleven hundred eleven-e of this chapter, or subdivision (a) of
10 section eleven hundred seventy-four-a of this chapter, shall adjudicate
11 liability of owners in accordance with section eleven hundred eleven-c
12 of this chapter for violations of bus lane restrictions as defined in
13 such section; and shall adjudicate the liability of owners for
14 violations of subdivision (b), (c), (d), (f) or (g) of section eleven
15 hundred eighty of this chapter in accordance with section eleven hundred
16 eighty-b of this chapter. For the purposes of this article, a parking
17 violation is the violation of any law, rule or regulation providing for
18 or regulating the parking, stopping or standing of a vehicle. In addi-
19 tion for purposes of this article, "commissioner" shall mean and include
20 the commissioner of traffic of the city or an official possessing
21 authority as such a commissioner.
22 § 2-c. Subdivision 1 of section 236 of the vehicle and traffic law, as
23 amended by section 2-c of chapter 222 of the laws of 2015, is amended to
24 read as follows:
25 1. Creation. In any city as hereinbefore or hereafter authorized such
26 tribunal when created shall be known as the parking violations bureau
27 and, where authorized by local law adopted pursuant to subdivision (a)
28 of section eleven hundred eleven-d of this chapter or subdivision (a) of
29 section eleven hundred eleven-e of this chapter, or subdivision (a) of
30 section eleven hundred seventy-four-a of this chapter, shall have juris-
31 diction of traffic infractions which constitute a parking violation and
32 shall adjudicate the liability of owners for violations of subdivision
33 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
34 ter in accordance with section eleven hundred eighty-b of this chapter.
35 For the purposes of this article, a parking violation is the violation
36 of any law, rule or regulation providing for or regulating the parking,
37 stopping or standing of a vehicle. In addition for purposes of this
38 article, "commissioner" shall mean and include the commissioner of traf-
39 fic of the city or an official possessing authority as such a commis-
40 sioner.
41 § 2-d. Subdivision 1 of section 236 of the vehicle and traffic law, as
42 amended by section 2-d of chapter 222 of the laws of 2015, is amended to
43 read as follows:
44 1. Creation. In any city as hereinbefore or hereafter authorized such
45 tribunal when created shall be known as the parking violations bureau
46 and, where authorized by local law adopted pursuant to subdivision (a)
47 of section eleven hundred eleven-d of this chapter or subdivision (a) of
48 section eleven hundred eleven-e of this chapter, or subdivision (a) of
49 section eleven hundred seventy-four-a of this chapter, shall have juris-
50 diction of traffic infractions which constitute a parking violation. For
51 the purposes of this article, a parking violation is the violation of
52 any law, rule or regulation providing for or regulating the parking,
53 stopping or standing of a vehicle. In addition for purposes of this
54 article, "commissioner" shall mean and include the commissioner of traf-
55 fic of the city or an official possessing authority as such a commis-
56 sioner.
S. 4524--A 8
1 § 2-e. Subdivision 1 of section 236 of the vehicle and traffic law, as
2 amended by section 2-e of chapter 222 of the laws of 2015, is amended to
3 read as follows:
4 1. Creation. In any city as hereinbefore or hereafter authorized such
5 tribunal when created shall be known as the parking violations bureau
6 and where authorized by local law adopted pursuant to subdivision (a) of
7 section eleven hundred eleven-e or subdivision (a) of section eleven
8 hundred seventy-four-a of this chapter, shall have jurisdiction of traf-
9 fic infractions which constitute a parking violation. For the purposes
10 of this article, a parking violation is the violation of any law, rule
11 or regulation providing for or regulating the parking, stopping or
12 standing of a vehicle. In addition for purposes of this article,
13 "commissioner" shall mean and include the commissioner of traffic of the
14 city or an official possessing authority as such a commissioner.
15 § 2-f. Subdivision 1 of section 236 of the vehicle and traffic law, as
16 added by chapter 715 of the laws of 1972, is amended to read as follows:
17 1. Creation. In any city as hereinbefore or hereafter authorized such
18 tribunal when created shall be known as the parking violations bureau
19 and where authorized by local law adopted pursuant to subdivision (a) of
20 section eleven hundred seventy-four-a of this chapter, shall have juris-
21 diction of traffic infractions which constitute a parking violation. For
22 the purposes of this article, a parking violation is the violation of
23 any law, rule or regulation providing for or regulating the parking,
24 stopping or standing of a vehicle. In addition for purposes of this
25 article, "commissioner" shall mean and include the commissioner of traf-
26 fic of the city or an official possessing authority as such a commis-
27 sioner.
28 § 3. Section 237 of the vehicle and traffic law is amended by adding a
29 new subdivision 16 to read as follows:
30 16. To adjudicate the liability of owners for violations of section
31 eleven hundred seventy-four of this chapter in accordance with section
32 eleven hundred seventy-four-a of this chapter, if authorized by local
33 law adopted pursuant to subdivision (a) of such section eleven hundred
34 seventy-four-a.
35 § 4. Paragraph f of subdivision 1 of section 239 of the vehicle and
36 traffic law, as amended by section 4 of chapter 222 of the laws of 2015,
37 is amended to read as follows:
38 f. "Notice of violation" means a notice of violation as defined in
39 subdivision nine of section two hundred thirty-seven of this article,
40 but shall not be deemed to include a notice of liability issued pursuant
41 to authorization set forth in section eleven hundred eleven-a of this
42 chapter, or sections eleven hundred eleven-b of this chapter as added by
43 sections sixteen of chapters twenty, [twenty-one,] and twenty-two of the
44 laws of two thousand nine, or section eleven hundred eleven-d of this
45 chapter, or section eleven hundred eleven-e of this chapter, or section
46 eleven hundred seventy-four-a of this chapter, and shall not be deemed
47 to include a notice of liability issued pursuant to section two thousand
48 nine hundred eighty-five of the public authorities law and sections
49 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
50 of the laws of nineteen hundred fifty and shall not be deemed to include
51 a notice of liability issued pursuant to section eleven hundred eleven-c
52 of this chapter and shall not be deemed to include a notice of liability
53 issued pursuant to section eleven hundred eighty-b of this chapter.
54 § 4-a. Paragraph f of subdivision 1 of section 239 of the vehicle and
55 traffic law, as amended by section 4-a of chapter 222 of the laws of
56 2015, is amended to read as follows:
S. 4524--A 9
1 f. "Notice of violation" means a notice of violation as defined in
2 subdivision nine of section two hundred thirty-seven of this article but
3 shall not be deemed to include a notice of liability issued pursuant to
4 authorization set forth in sections eleven hundred eleven-b of this
5 chapter as added by sections sixteen of chapters twenty, [twenty-one,]
6 and twenty-two of the laws of two thousand nine or section eleven
7 hundred eleven-d of this chapter or section eleven hundred eleven-e of
8 this chapter or section eleven hundred seventy-four-a of this chapter
9 and shall not be deemed to include a notice of liability issued pursuant
10 to section eleven hundred eleven-c of this chapter and shall not be
11 deemed to include a notice of liability issued pursuant to section elev-
12 en hundred eighty-b of this chapter.
13 § 4-b. Paragraph f of subdivision 1 of section 239 of the vehicle and
14 traffic law, as amended by section 4-b of chapter 222 of the laws of
15 2015, is amended to read as follows:
16 f. "Notice of violation" means a notice of violation as defined in
17 subdivision nine of section two hundred thirty-seven of this article and
18 shall not be deemed to include a notice of liability issued pursuant to
19 authorization set forth in section eleven hundred eleven-d of this chap-
20 ter or to a notice of liability issued pursuant to authorization set
21 forth in section eleven hundred eleven-e of this chapter or to a notice
22 of liability issued pursuant to authorization set forth in section elev-
23 en hundred seventy-four-a of this chapter and shall not be deemed to
24 include a notice of liability issued pursuant to section eleven hundred
25 eleven-c of this chapter and shall not be deemed to include a notice of
26 liability issued pursuant to section eleven hundred eighty-b of this
27 chapter.
28 § 4-c. Paragraph f of subdivision 1 of section 239 of the vehicle and
29 traffic law, as amended by section 4-c of chapter 222 of the laws of
30 2015, is amended to read as follows:
31 f. "Notice of violation" means a notice of violation as defined in
32 subdivision nine of section two hundred thirty-seven of this article and
33 shall not be deemed to include a notice of liability issued pursuant to
34 authorization set forth in section eleven hundred eleven-d of this chap-
35 ter or to a notice of liability issued pursuant to authorization set
36 forth in section eleven hundred eleven-e of this chapter or to a notice
37 of liability issued pursuant to authorization set forth in section elev-
38 en hundred seventy-four-a of this chapter and shall not be deemed to
39 include a notice of liability issued pursuant to section eleven hundred
40 eighty-b of this chapter.
41 § 4-d. Paragraph f of subdivision 1 of section 239 of the vehicle and
42 traffic law, as amended by section 4-d of chapter 222 of the laws of
43 2015, is amended to read as follows:
44 f. "Notice of violation" means a notice of violation as defined in
45 subdivision nine of section two hundred thirty-seven of this article and
46 shall not be deemed to include a notice of liability issued pursuant to
47 authorization set forth in section eleven hundred eleven-d of this chap-
48 ter or to a notice of liability issued pursuant to authorization set
49 forth in section eleven hundred eleven-e of this chapter or to a notice
50 of liability issued pursuant to authorization set forth in section elev-
51 en hundred seventy-four-a of this chapter.
52 § 4-e. Paragraph f of subdivision 1 of section 239 of the vehicle and
53 traffic law, as amended by section 4-e of chapter 222 of the laws of
54 2015, is amended to read as follows:
55 f. "Notice of violation" means a notice of violation as defined in
56 subdivision nine of section two hundred thirty-seven of this article and
S. 4524--A 10
1 shall not be deemed to include a notice of liability issued pursuant to
2 authorization set forth in section eleven hundred eleven-e of this chap-
3 ter or to a notice of liability issued pursuant to authorization set
4 forth in section eleven hundred seventy-four-a of this chapter.
5 § 4-f. Paragraph f of subdivision 1 of section 239 of the vehicle and
6 traffic law, as added by chapter 180 of the laws of 1980, is amended to
7 read as follows:
8 f. "Notice of violation" means a notice of violation as defined in
9 subdivision nine of section two hundred thirty-seven of this article and
10 shall not be deemed to include a notice of liability issued pursuant to
11 authorization set forth in section eleven hundred seventy-four-a of this
12 chapter.
13 § 5. Subdivisions 1 and 1-a of section 240 of the vehicle and traffic
14 law, as amended by section 5 of chapter 222 of the laws of 2015, are
15 amended to read as follows:
16 1. Notice of hearing. Whenever a person charged with a parking
17 violation enters a plea of not guilty or a person alleged to be liable
18 in accordance with section eleven hundred eleven-a of this chapter or
19 sections eleven hundred eleven-b of this chapter as added by sections
20 sixteen of chapters twenty, [twenty-one,] and twenty-two of the laws of
21 two thousand nine or section eleven hundred eleven-d of this chapter, or
22 section eleven hundred eleven-e of this chapter, or section eleven
23 hundred seventy-four-a of this chapter, for a violation of subdivision
24 (d) of section eleven hundred eleven of this chapter contests such alle-
25 gation, or a person alleged to be liable in accordance with the
26 provisions of section two thousand nine hundred eighty-five of the
27 public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
28 chapter seven hundred seventy-four of the laws of nineteen hundred
29 fifty, or a person alleged to be liable in accordance with the
30 provisions of section eleven hundred eleven-c of this chapter for a
31 violation of a bus lane restriction as defined in such section contests
32 such allegation, or a person alleged to be liable in accordance with the
33 provisions of section eleven hundred eighty-b of this chapter for a
34 violation of subdivision (b), (c), (d), (f) or (g) of section eleven
35 hundred eighty of this chapter contests such allegation, the bureau
36 shall advise such person personally by such form of first class mail as
37 the director may direct of the date on which he or she must appear to
38 answer the charge at a hearing. The form and content of such notice of
39 hearing shall be prescribed by the director, and shall contain a warning
40 to advise the person so pleading or contesting that failure to appear on
41 the date designated, or on any subsequent adjourned date, shall be
42 deemed an admission of liability, and that a default judgment may be
43 entered thereon.
44 1-a. Fines and penalties. Whenever a plea of not guilty has been
45 entered, or the bureau has been notified that an allegation of liability
46 in accordance with section eleven hundred eleven-a of this chapter or
47 sections eleven hundred eleven-b of this chapter as added by sections
48 sixteen of chapters twenty, [twenty-one,] and twenty-two of the laws of
49 two thousand nine or section eleven hundred eleven-d of this chapter or
50 section eleven hundred eleven-e of this chapter or section eleven
51 hundred seventy-four-a of this chapter or an allegation of liability in
52 accordance with section two thousand nine hundred eighty-five of the
53 public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
54 chapter seven hundred seventy-four of the laws of nineteen hundred fifty
55 or an allegation of liability in accordance with section eleven hundred
56 eleven-c of this chapter or an allegation of liability in accordance
S. 4524--A 11
1 with section eleven hundred eighty-b of this chapter, is being
2 contested, by a person in a timely fashion and a hearing upon the merits
3 has been demanded, but has not yet been held, the bureau shall not issue
4 any notice of fine or penalty to that person prior to the date of the
5 hearing.
6 § 5-a. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
7 fic law, as amended by section 5-a of chapter 222 of the laws of 2015,
8 are amended to read as follows:
9 1. Notice of hearing. Whenever a person charged with a parking
10 violation enters a plea of not guilty or a person alleged to be liable
11 in accordance with sections eleven hundred eleven-b of this chapter as
12 added by sections sixteen of chapters twenty, [twenty-one,] and twenty-
13 two of the laws of two thousand nine or section eleven hundred eleven-d
14 of this chapter or section eleven hundred eleven-e of this chapter or
15 section eleven hundred seventy-four-a of this chapter for a violation of
16 subdivision (d) of section eleven hundred eleven of this chapter, or a
17 person alleged to be liable in accordance with the provisions of section
18 eleven hundred eleven-c of this chapter for a violation of a bus lane
19 restriction as defined in such section contests such allegation, or a
20 person alleged to be liable in accordance with the provisions of section
21 eleven hundred eighty-b of this chapter for violations of subdivision
22 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
23 ter contests such allegation, the bureau shall advise such person
24 personally by such form of first class mail as the director may direct
25 of the date on which he or she must appear to answer the charge at a
26 hearing. The form and content of such notice of hearing shall be
27 prescribed by the director, and shall contain a warning to advise the
28 person so pleading or contesting that failure to appear on the date
29 designated, or on any subsequent adjourned date, shall be deemed an
30 admission of liability, and that a default judgment may be entered ther-
31 eon.
32 1-a. Fines and penalties. Whenever a plea of not guilty has been
33 entered, or the bureau has been notified that an allegation of liability
34 in accordance with sections eleven hundred eleven-b of this chapter, as
35 added by sections sixteen of chapters twenty, [twenty-one,] and twenty-
36 two of the laws of two thousand nine or in accordance with section elev-
37 en hundred eleven-d of this chapter, or in accordance with section elev-
38 en hundred eleven-e of this chapter or section eleven hundred
39 seventy-four-a of this chapter or an allegation of liability in accord-
40 ance with section eleven hundred eleven-c of this chapter or an allega-
41 tion of liability in accordance with section eleven hundred eighty-b of
42 this chapter is being contested, by a person in a timely fashion and a
43 hearing upon the merits has been demanded, but has not yet been held,
44 the bureau shall not issue any notice of fine or penalty to that person
45 prior to the date of the hearing.
46 § 5-b. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
47 fic law, as amended by section 5-b of chapter 222 of the laws of 2015,
48 are 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 section eleven hundred eleven-d of this chapter or in
52 accordance with section eleven hundred eleven-e of this chapter or
53 section eleven hundred seventy-four-a of this chapter or in accordance
54 with the provisions of section eleven hundred eleven-c of this chapter
55 for a violation of a bus lane restriction as defined in such section,
56 contests such allegation, or a person alleged to be liable in accordance
S. 4524--A 12
1 with the provisions of section eleven hundred eighty-b of this chapter
2 for violations of subdivision (b), (c), (d), (f) or (g) of section elev-
3 en hundred eighty of this chapter contests such allegation, the bureau
4 shall advise such person personally by such form of first class mail as
5 the director may direct of the date on which he or she must appear to
6 answer the charge at a hearing. The form and content of such notice of
7 hearing shall be prescribed by the director, and shall contain a warning
8 to advise the person so pleading that failure to appear on the date
9 designated, or on any subsequent adjourned date, shall be deemed an
10 admission of liability, and that a default judgment may be entered ther-
11 eon.
12 1-a. Fines and penalties. Whenever a plea of not guilty has been
13 entered, or the bureau has been notified that an allegation of liability
14 in accordance with section eleven hundred eleven-d of this chapter or in
15 accordance with section eleven hundred eleven-e of this chapter or
16 section eleven hundred seventy-four-a of this chapter or in accordance
17 with section eleven hundred eleven-c of this chapter or an allegation of
18 liability in accordance with section eleven hundred eighty-b of this
19 chapter is being contested, by a person in a timely fashion and a hear-
20 ing upon the merits has been demanded, but has not yet been held, the
21 bureau shall not issue any notice of fine or penalty to that person
22 prior to the date of the hearing.
23 § 5-c. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
24 fic law, as amended by section 5-c of chapter 222 of the laws of 2015,
25 are amended to read as follows:
26 1. Notice of hearing. Whenever a person charged with a parking
27 violation enters a plea of not guilty, or a person alleged to be liable
28 in accordance with section eleven hundred eleven-d of this chapter, or a
29 person alleged to be liable in accordance with section eleven hundred
30 eleven-e of this chapter, or a person alleged to be liable in accordance
31 with section eleven hundred seventy-four-a of this chapter, or a person
32 alleged to be liable in accordance with the provisions of section eleven
33 hundred eighty-b of this chapter for violations of subdivision (b), (c),
34 (d), (f) or (g) of section eleven hundred eighty of this chapter
35 contests such allegation, the bureau shall advise such person personally
36 by such form of first class mail as the director may direct of the date
37 on which he or she must appear to answer the charge at a hearing. The
38 form and content of such notice of hearing shall be prescribed by the
39 director, and shall contain a warning to advise the person so pleading
40 that failure to appear on the date designated, or on any subsequent
41 adjourned date, shall be deemed an admission of liability, and that a
42 default judgment may be entered thereon.
43 1-a. Fines and penalties. Whenever a plea of not guilty has been
44 entered, or the bureau has been notified that an allegation of liability
45 in accordance with section eleven hundred eleven-d of this chapter, or
46 the bureau has been notified that an allegation of liability in accord-
47 ance with section eleven hundred eleven-e of this chapter, or the bureau
48 has been notified that an allegation of liability in accordance with
49 section eleven hundred seventy-four-a of this chapter, or the bureau has
50 been notified that an allegation of liability in accordance with section
51 eleven hundred eighty-b of this chapter, is being contested, by a person
52 in a timely fashion and a hearing upon the merits has been demanded, but
53 has not yet been held, the bureau shall not issue any notice of fine or
54 penalty to that person prior to the date of the hearing.
S. 4524--A 13
1 § 5-d. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
2 fic law, as amended by section 5-d of chapter 222 of the laws of 2015,
3 are amended to read as follows:
4 1. Notice of hearing. Whenever a person charged with a parking
5 violation enters a plea of not guilty, or a person alleged to be liable
6 in accordance with section eleven hundred eleven-d of this chapter
7 contests such allegation, or a person alleged to be liable in accordance
8 with section eleven hundred eleven-e of this chapter contests such alle-
9 gation, or a person alleged to be liable in accordance with section
10 eleven hundred seventy-four-a of this chapter contests such allegation,
11 the bureau shall advise such person personally by such form of first
12 class mail as the director may direct of the date on which he or she
13 must appear to answer the charge at a hearing. The form and content of
14 such notice of hearing shall be prescribed by the director, and shall
15 contain a warning to advise the person so pleading that failure to
16 appear on the date designated, or on any subsequent adjourned date,
17 shall be deemed an admission of liability, and that a default judgment
18 may be entered thereon.
19 1-a. Fines and penalties. Whenever a plea of not guilty has been
20 entered, or the bureau has been notified that an allegation of liability
21 in accordance with section eleven hundred eleven-d of this chapter, is
22 being contested, or the bureau has been notified that an allegation of
23 liability in accordance with section eleven hundred eleven-e of this
24 chapter, is being contested, or the bureau has been notified that an
25 allegation of liability in accordance with section eleven hundred seven-
26 ty-four-a of this chapter, is being contested, by a person in a timely
27 fashion and a hearing upon the merits has been demanded, but has not yet
28 been held, the bureau shall not issue any notice of fine or penalty to
29 that person prior to the date of the hearing.
30 § 5-e. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
31 fic law, as amended by section 5-e of chapter 222 of the laws of 2015,
32 are amended to read as follows:
33 1. Notice of hearing. Whenever a person charged with a parking
34 violation enters a plea of not guilty, or a person alleged to be liable
35 in accordance with section eleven hundred eleven-e of this chapter
36 contests such allegation, or a person alleged to be liable in accordance
37 with section eleven hundred seventy-four-a of this chapter contests such
38 allegation, the bureau shall advise such person personally by such form
39 of first class mail as the director may direct of the date on which he
40 or she must appear to answer the charge at a hearing. The form and
41 content of such notice of hearing shall be prescribed by the director,
42 and shall contain a warning to advise the person so pleading that fail-
43 ure to appear on the date designated, or on any subsequent adjourned
44 date, shall be deemed an admission of liability, and that a default
45 judgment may be entered thereon.
46 1-a. Fines and penalties. Whenever a plea of not guilty has been
47 entered, or the bureau has been notified that an allegation of liability
48 in accordance with section eleven hundred eleven-e of this chapter, is
49 being contested, or the bureau has been notified that an allegation of
50 liability in accordance with section eleven hundred seventy-four-a of
51 this chapter, is being contested, by a person in a timely fashion and a
52 hearing upon the merits has been demanded, but has not yet been held,
53 the bureau shall not issue any notice of fine or penalty to that person
54 prior to the date of the hearing.
55 § 5-f. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
56 fic law, subdivision 1 as added by chapter 715 of the laws of 1972 and
S. 4524--A 14
1 subdivision 1-a as added by chapter 365 of the laws of 1978, are amended
2 to read as follows:
3 1. Notice of hearing. Whenever a person charged with a parking
4 violation enters a plea of not guilty, or a person alleged to be liable
5 in accordance with section eleven hundred seventy-four-a of this chapter
6 contests such allegation, the bureau shall advise such person personally
7 by such form of first class mail as the director may direct of the date
8 on which he or she must appear to answer the charge at a hearing. The
9 form and content of such notice of hearing shall be prescribed by the
10 director, and shall contain a warning to advise the person so pleading
11 that failure to appear on the date designated, or on any subsequent
12 adjourned date, shall be deemed an admission of liability, and that a
13 default judgment may be entered thereon.
14 1-a. Fines and penalties. Whenever a plea of not guilty has been
15 entered, or the bureau has been notified that an allegation of liability
16 in accordance with section eleven hundred seventy-four-a of this chap-
17 ter, is being contested, by a person in a timely fashion and a hearing
18 upon the merits has been demanded, but has not yet been held, the bureau
19 shall not issue any notice of fine or penalty to that person prior to
20 the date of the hearing.
21 § 6. Paragraphs a and g of subdivision 2 of section 240 of the vehicle
22 and traffic law, as amended by section 6 of chapter 222 of the laws of
23 2015, are amended to read as follows:
24 a. Every hearing for the adjudication of a charge of parking violation
25 or an allegation of liability in accordance with section eleven hundred
26 eleven-a of this chapter or in accordance with sections eleven hundred
27 eleven-b of this chapter as added by sections sixteen of chapters twen-
28 ty, [twenty-one,] and twenty-two of the laws of two thousand nine or in
29 accordance with section eleven hundred eleven-d of this chapter or in
30 accordance with section eleven hundred eleven-e of this chapter or in
31 accordance with section eleven hundred seventy-four-a of this chapter or
32 an allegation of liability in accordance with section two thousand nine
33 hundred eighty-five of the public authorities law or sections sixteen-a,
34 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
35 laws of nineteen hundred fifty or an allegation of liability in accord-
36 ance with section eleven hundred eleven-c of this chapter or an allega-
37 tion of liability in accordance with section eleven hundred eighty-b of
38 this chapter, shall be held before a hearing examiner in accordance with
39 rules and regulations promulgated by the bureau.
40 g. A record shall be made of a hearing on a plea of not guilty or of a
41 hearing at which liability in accordance with section eleven hundred
42 eleven-a of this chapter or in accordance with sections eleven hundred
43 eleven-b of this chapter as added by sections sixteen of chapters twen-
44 ty, [twenty-one,] and twenty-two of the laws of two thousand nine or in
45 accordance with section eleven hundred eleven-d of this chapter is
46 contested or in accordance with section eleven hundred eleven-e of this
47 chapter is contested or in accordance with section eleven hundred seven-
48 ty-four-a of this chapter is contested or of a hearing at which liabil-
49 ity in accordance with section two thousand nine hundred eighty-five of
50 the public authorities law or sections sixteen-a, sixteen-b and
51 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
52 hundred fifty is contested or of a hearing at which liability in accord-
53 ance with section eleven hundred eleven-c of this chapter or a hearing
54 at which liability in accordance with section eleven hundred eighty-b of
55 this chapter is contested. Recording devices may be used for the making
56 of the record.
S. 4524--A 15
1 § 6-a. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
2 cle and traffic law, as amended by section 6-a of chapter 222 of the
3 laws of 2015, are amended to read as follows:
4 a. Every hearing for the adjudication of a charge of parking violation
5 or an allegation of liability in accordance with sections eleven hundred
6 eleven-b of this chapter, as added by sections sixteen of chapters twen-
7 ty, [twenty-one,] and twenty-two of the laws of two thousand nine or in
8 accordance with section eleven hundred eleven-d of this chapter or in
9 accordance with section eleven hundred eleven-e of this chapter or in
10 accordance with section eleven hundred seventy-four-a of this chapter or
11 an allegation of liability in accordance with section eleven hundred
12 eleven-c of this chapter or an allegation of liability in accordance
13 with section eleven hundred eighty-b of this chapter, shall be held
14 before a hearing examiner in accordance with rules and regulations
15 promulgated by the bureau.
16 g. A record shall be made of a hearing on a plea of not guilty or of a
17 hearing at which liability in accordance with sections eleven hundred
18 eleven-b of this chapter, as added by sections sixteen of chapters twen-
19 ty, [twenty-one,] and twenty-two of the laws of two thousand nine or in
20 accordance with section eleven hundred eleven-d of this chapter or in
21 accordance with section eleven hundred eleven-e of this chapter or in
22 accordance with section eleven hundred seventy-four-a of this chapter or
23 of a hearing at which liability in accordance with section eleven
24 hundred eleven-c of this chapter or a hearing at which liability in
25 accordance with section eleven hundred eighty-b of this chapter is
26 contested. Recording devices may be used for the making of the record.
27 § 6-b. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
28 cle and traffic law, as amended by section 6-b of chapter 222 of the
29 laws of 2015, are amended to read as follows:
30 a. Every hearing for the adjudication of a charge of parking violation
31 or an allegation of liability in accordance with section eleven hundred
32 seventy-four-a of this chapter or an allegation of liability in accord-
33 ance with section eleven hundred eleven-e of this chapter or an allega-
34 tion of liability in accordance with section eleven hundred eleven-d of
35 this chapter or an allegation of liability in accordance with section
36 eleven hundred eleven-c of this chapter or an allegation of liability in
37 accordance with section eleven hundred eighty-b of this chapter shall be
38 held before a hearing examiner in accordance with rules and regulations
39 promulgated by the bureau.
40 g. A record shall be made of a hearing on a plea of not guilty or of a
41 hearing at which liability in accordance with section eleven hundred
42 seventy-four-a of this chapter or of a hearing at which liability in
43 accordance with section eleven hundred eleven-e of this chapter or of a
44 hearing at which liability in accordance with section eleven hundred
45 eleven-d of this chapter or of a hearing at which liability in accord-
46 ance with section eleven hundred eleven-c of this chapter or a hearing
47 at which liability in accordance with section eleven hundred eighty-b of
48 this chapter is contested. Recording devices may be used for the making
49 of the record.
50 § 6-c. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
51 cle and traffic law, as amended by section 6-c of chapter 222 of the
52 laws of 2015, are amended to read as follows:
53 a. Every hearing for the adjudication of a charge of parking violation
54 or an allegation of liability in accordance with section eleven hundred
55 seventy-four-a of this chapter or an allegation of liability in accord-
56 ance with section eleven hundred eleven-e of this chapter or an allega-
S. 4524--A 16
1 tion of liability in accordance with section eleven hundred eleven-d of
2 this chapter or an allegation of liability in accordance with section
3 eleven hundred eighty-b of this chapter shall be held before a hearing
4 examiner in accordance with rules and regulations promulgated by the
5 bureau.
6 g. A record shall be made of a hearing on a plea of not guilty or of a
7 hearing at which liability in accordance with section eleven hundred
8 seventy-four-a of this chapter or of a hearing at which liability in
9 accordance with section eleven hundred eleven-e of this chapter or of a
10 hearing at which liability in accordance with section eleven hundred
11 eleven-d of this chapter or a hearing at which liability in accordance
12 with section eleven hundred eighty-b of this chapter is contested.
13 Recording devices may be used for the making of the record.
14 § 6-d. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
15 cle and traffic law, as amended by section 6-d of chapter 222 of the
16 laws of 2015, are amended to read as follows:
17 a. Every hearing for the adjudication of a charge of parking violation
18 or an allegation of liability in accordance with section eleven hundred
19 seventy-four-a of this chapter or an allegation of liability in accord-
20 ance with section eleven hundred eleven-e of this chapter or an allega-
21 tion of liability in accordance with section eleven hundred eleven-d of
22 this chapter shall be held before a hearing examiner in accordance with
23 rules and regulations promulgated by the bureau.
24 g. A record shall be made of a hearing on a plea of not guilty or a
25 hearing at which liability in accordance with section eleven hundred
26 eleven-d of this chapter is contested or of a hearing at which liability
27 in accordance with section eleven hundred seventy-four-a of this chapter
28 or a hearing at which liability in accordance with section eleven
29 hundred eleven-e of this chapter is contested. Recording devices may be
30 used for the making of the record.
31 § 6-e. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
32 cle and traffic law, as amended by section 6-e of chapter 222 of the
33 laws of 2015, are amended to read as follows:
34 a. Every hearing for the adjudication of a charge of parking violation
35 or an allegation of liability in accordance with section eleven hundred
36 eleven-e of this chapter or an allegation of liability in accordance
37 with section eleven hundred seventy-four-a of this chapter shall be held
38 before a hearing examiner in accordance with rules and regulations
39 promulgated by the bureau.
40 g. A record shall be made of a hearing on a plea of not guilty or a
41 hearing at which liability in accordance with section eleven hundred
42 eleven-e of this chapter is contested or a hearing at which liability in
43 accordance with section eleven hundred seventy-four-a of this chapter is
44 contested. Recording devices may be used for the making of the record.
45 § 6-f. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
46 cle and traffic law, as added by chapter 715 of the laws of 1972, are
47 amended to read as follows:
48 a. Every hearing for the adjudication of a charge of parking violation
49 or an allegation of liability in accordance with section eleven hundred
50 seventy-four-a of this chapter shall be held before a hearing examiner
51 in accordance with rules and regulations promulgated by the bureau.
52 g. A record shall be made of a hearing on a plea of not guilty or a
53 hearing at which liability in accordance with section eleven hundred
54 seventy-four-a of this chapter is contested. Recording devices may be
55 used for the making of the record.
S. 4524--A 17
1 § 7. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
2 law, as amended by section 7 of chapter 222 of the laws of 2015, are
3 amended to read as follows:
4 1. The hearing examiner shall make a determination on the charges,
5 either sustaining or dismissing them. Where the hearing examiner deter-
6 mines that the charges have been sustained he or she may examine either
7 the prior parking violations record or the record of liabilities
8 incurred in accordance with section eleven hundred eleven-a of this
9 chapter or in accordance with sections eleven hundred eleven-b of this
10 chapter as added by sections sixteen of chapters twenty, [twenty-one,]
11 and twenty-two of the laws of two thousand nine or in accordance with
12 section eleven hundred eleven-d of this chapter or in accordance with
13 section eleven hundred eleven-e of this chapter or in accordance with
14 section eleven hundred seventy-four-a of this chapter or the record of
15 liabilities incurred in accordance with section two thousand nine
16 hundred eighty-five of the public authorities law or sections sixteen-a,
17 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
18 laws of nineteen hundred fifty of the person charged, or the record of
19 liabilities incurred in accordance with section eleven hundred eleven-c
20 of this chapter, or the record of liabilities incurred in accordance
21 with section eleven hundred eighty-b of this chapter, as applicable
22 prior to rendering a final determination. Final determinations sustain-
23 ing or dismissing charges shall be entered on a final determination roll
24 maintained by the bureau together with records showing payment and
25 nonpayment of penalties.
26 2. Where an operator or owner fails to enter a plea to a charge of a
27 parking violation or contest an allegation of liability in accordance
28 with section eleven hundred eleven-a of this chapter or in accordance
29 with sections eleven hundred eleven-b of this chapter as added by
30 sections sixteen of chapters twenty, [twenty-one,] and twenty-two of the
31 laws of two thousand nine or in accordance with section eleven hundred
32 eleven-d of this chapter or in accordance with section eleven hundred
33 eleven-e of this chapter or in accordance with section eleven hundred
34 seventy-four-a of this chapter or fails to contest an allegation of
35 liability in accordance with section two thousand nine hundred eighty-
36 five of the public authorities law or sections sixteen-a, sixteen-b and
37 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
38 hundred fifty, or fails to contest an allegation of liability in accord-
39 ance with section eleven hundred eleven-c of this chapter or fails to
40 contest an allegation of liability in accordance with section eleven
41 hundred eighty-b of this chapter or fails to appear on a designated
42 hearing date or subsequent adjourned date or fails after a hearing to
43 comply with the determination of a hearing examiner, as prescribed by
44 this article or by rule or regulation of the bureau, such failure to
45 plead or contest, appear or comply shall be deemed, for all purposes, an
46 admission of liability and shall be grounds for rendering and entering a
47 default judgment in an amount provided by the rules and regulations of
48 the bureau. However, after the expiration of the original date
49 prescribed for entering a plea and before a default judgment may be
50 rendered, in such case the bureau shall pursuant to the applicable
51 provisions of law notify such operator or owner, by such form of first
52 class mail as the commission may direct; (1) of the violation charged,
53 or liability in accordance with section eleven hundred eleven-a of this
54 chapter or in accordance with sections eleven hundred eleven-b of this
55 chapter as added by sections sixteen of chapters twenty, [twenty-one,]
56 and twenty-two of the laws of two thousand nine or in accordance with
S. 4524--A 18
1 section eleven hundred eleven-d of this chapter or in accordance with
2 section eleven hundred eleven-e of this chapter or in accordance with
3 section eleven hundred seventy-four-a of this chapter alleged or liabil-
4 ity in accordance with section two thousand nine hundred eighty-five of
5 the public authorities law or sections sixteen-a, sixteen-b and
6 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
7 hundred fifty alleged or liability in accordance with section eleven
8 hundred eleven-c of this chapter or liability in accordance with section
9 eleven hundred eighty-b of this chapter alleged, (2) of the impending
10 default judgment, (3) that such judgment will be entered in the Civil
11 Court of the city in which the bureau has been established, or other
12 court of civil jurisdiction or any other place provided for the entry of
13 civil judgments within the state of New York, and (4) that a default may
14 be avoided by entering a plea or contesting an allegation of liability
15 in accordance with section eleven hundred eleven-a of this chapter or in
16 accordance with sections eleven hundred eleven-b of this chapter as
17 added by sections sixteen of chapters twenty, [twenty-one,] and twenty-
18 two of the laws of two thousand nine or in accordance with section elev-
19 en hundred eleven-d of this chapter or in accordance with section eleven
20 hundred eleven-e of this chapter or in accordance with section eleven
21 hundred seventy-four-a of this chapter or contesting an allegation of
22 liability in accordance with section two thousand nine hundred eighty-
23 five of the public authorities law or sections sixteen-a, sixteen-b and
24 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
25 hundred fifty or contesting an allegation of liability in accordance
26 with section eleven hundred eleven-c of this chapter or contesting an
27 allegation of liability in accordance with section eleven hundred eight-
28 y-b of this chapter, as appropriate, or making an appearance within
29 thirty days of the sending of such notice. Pleas entered and allegations
30 contested within that period shall be in the manner prescribed in the
31 notice and not subject to additional penalty or fee. Such notice of
32 impending default judgment shall not be required prior to the rendering
33 and entry thereof in the case of operators or owners who are non-resi-
34 dents of the state of New York. In no case shall a default judgment be
35 rendered or, where required, a notice of impending default judgment be
36 sent, more than two years after the expiration of the time prescribed
37 for entering a plea or contesting an allegation. When a person has
38 demanded a hearing, no fine or penalty shall be imposed for any reason,
39 prior to the holding of the hearing. If the hearing examiner shall make
40 a determination on the charges, sustaining them, he or she shall impose
41 no greater penalty or fine than those upon which the person was
42 originally charged.
43 § 7-a. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
44 law, as amended by section 7-a of chapter 222 of the laws of 2015, are
45 amended to read as follows:
46 1. The hearing examiner shall make a determination on the charges,
47 either sustaining or dismissing them. Where the hearing examiner deter-
48 mines that the charges have been sustained he or she may examine either
49 the prior parking violations record or the record of liabilities
50 incurred in accordance with sections eleven hundred eleven-b of this
51 chapter as added by sections sixteen of chapters twenty, [twenty-one,]
52 and twenty-two of the laws of two thousand nine or in accordance with
53 section eleven hundred eleven-d of this chapter or in accordance with
54 section eleven hundred eleven-e of this chapter or in accordance with
55 section eleven hundred seventy-four-a of this chapter of the person
56 charged, or the record of liabilities incurred in accordance with
S. 4524--A 19
1 section eleven hundred eleven-c of this chapter, or the record of
2 liabilities incurred in accordance with section eleven hundred eighty-b
3 of this chapter, as applicable prior to rendering a final determination.
4 Final determinations sustaining or dismissing charges shall be entered
5 on a final determination roll maintained by the bureau together with
6 records showing payment and nonpayment of penalties.
7 2. Where an operator or owner fails to enter a plea to a charge of a
8 parking violation or contest an allegation of liability in accordance
9 with sections eleven hundred eleven-b of this chapter as added by
10 sections sixteen of chapters twenty, [twenty-one,] and twenty-two of the
11 laws of two thousand nine or in accordance with section eleven hundred
12 eleven-d of this chapter, or in accordance with section eleven hundred
13 eleven-e of this chapter, or in accordance with section eleven hundred
14 seventy-four-a of this chapter, or fails to contest an allegation of
15 liability in accordance with section eleven hundred eleven-c of this
16 chapter, or fails to contest an allegation of liability incurred in
17 accordance with section eleven hundred eighty-b of this chapter, or
18 fails to appear on a designated hearing date or subsequent adjourned
19 date or fails after a hearing to comply with the determination of a
20 hearing examiner, as prescribed by this article or by rule or regulation
21 of the bureau, such failure to plead, contest, appear or comply shall be
22 deemed, for all purposes, an admission of liability and shall be grounds
23 for rendering and entering a default judgment in an amount provided by
24 the rules and regulations of the bureau. However, after the expiration
25 of the original date prescribed for entering a plea and before a default
26 judgment may be rendered, in such case the bureau shall pursuant to the
27 applicable provisions of law notify such operator or owner, by such form
28 of first class mail as the commission may direct; (1) of the violation
29 charged, or liability in accordance with sections eleven hundred
30 eleven-b of this chapter, as added by sections sixteen of chapters twen-
31 ty, [twenty-one,] and twenty-two of the laws of two thousand nine or in
32 accordance with section eleven hundred eleven-d of this chapter, or in
33 accordance with section eleven hundred eleven-e of this chapter, or in
34 accordance with section eleven hundred seventy-four-a of this chapter,
35 or liability in accordance with section eleven hundred eleven-c of this
36 chapter or liability in accordance with section eleven hundred eighty-b
37 of this chapter alleged, (2) of the impending default judgment, (3) that
38 such judgment will be entered in the Civil Court of the city in which
39 the bureau has been established, or other court of civil jurisdiction or
40 any other place provided for the entry of civil judgments within the
41 state of New York, and (4) that a default may be avoided by entering a
42 plea or contesting an allegation of liability in accordance with
43 sections eleven hundred eleven-b of this chapter as added by sections
44 sixteen of chapters twenty, [twenty-one,] and twenty-two of the laws of
45 two thousand nine or in accordance with section eleven hundred eleven-d
46 of this chapter or in accordance with section eleven hundred eleven-e of
47 this chapter, or in accordance with section eleven hundred
48 seventy-four-a of this chapter, or contesting an allegation of liability
49 in accordance with section eleven hundred eleven-c of this chapter or
50 contesting an allegation of liability in accordance with section eleven
51 hundred eighty-b of this chapter as appropriate, or making an appearance
52 within thirty days of the sending of such notice. Pleas entered and
53 allegations contested within that period shall be in the manner
54 prescribed in the notice and not subject to additional penalty or fee.
55 Such notice of impending default judgment shall not be required prior to
56 the rendering and entry thereof in the case of operators or owners who
S. 4524--A 20
1 are non-residents of the state of New York. In no case shall a default
2 judgment be rendered or, where required, a notice of impending default
3 judgment be sent, more than two years after the expiration of the time
4 prescribed for entering a plea or contesting an allegation. When a
5 person has demanded a hearing, no fine or penalty shall be imposed for
6 any reason, prior to the holding of the hearing. If the hearing examiner
7 shall make a determination on the charges, sustaining them, he or she
8 shall impose no greater penalty or fine than those upon which the person
9 was originally charged.
10 § 7-b. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
11 law, as amended by section 7-b of chapter 222 of the laws of 2015, are
12 amended to read as follows:
13 1. The hearing examiner shall make a determination on the charges,
14 either sustaining or dismissing them. Where the hearing examiner deter-
15 mines that the charges have been sustained he or she may examine the
16 prior parking violations record or the record of liabilities incurred in
17 accordance with section eleven hundred eleven-e of this chapter of the
18 person charged, or the record of liabilities incurred in accordance with
19 section eleven hundred seventy-four-a of this chapter of the person
20 charged, or the record of liabilities incurred in accordance with
21 section eleven hundred eleven-d of this chapter of the person charged,
22 or the record of liabilities incurred in accordance with section eleven
23 hundred eleven-c of this chapter, or the record of liabilities incurred
24 in accordance with section eleven hundred eighty-b of this chapter, as
25 applicable, prior to rendering a final determination. Final determi-
26 nations sustaining or dismissing charges shall be entered on a final
27 determination roll maintained by the bureau together with records show-
28 ing payment and nonpayment of penalties.
29 2. Where an operator or owner fails to enter a plea to a charge of a
30 parking violation or contest an allegation of liability in accordance
31 with section eleven hundred seventy-four-a of this chapter, or contest
32 an allegation of liability in accordance with section eleven hundred
33 eleven-e of this chapter, or contest an allegation of liability in
34 accordance with section eleven hundred eleven-d of this chapter, or
35 fails to contest an allegation of liability in accordance with section
36 eleven hundred eleven-c of this chapter, or fails to contest an allega-
37 tion of liability incurred in accordance with section eleven hundred
38 eighty-b of this chapter, or fails to appear on a designated hearing
39 date or subsequent adjourned date or fails after a hearing to comply
40 with the determination of a hearing examiner, as prescribed by this
41 article or by rule or regulation of the bureau, such failure to plead,
42 appear or comply shall be deemed, for all purposes, an admission of
43 liability and shall be grounds for rendering and entering a default
44 judgment in an amount provided by the rules and regulations of the
45 bureau. However, after the expiration of the original date prescribed
46 for entering a plea and before a default judgment may be rendered, in
47 such case the bureau shall pursuant to the applicable provisions of law
48 notify such operator or owner, by such form of first class mail as the
49 commission may direct; (1) of the violation charged, or liability in
50 accordance with section eleven hundred seventy-four-a of this chapter,
51 or liability in accordance with section eleven hundred eleven-e of this
52 chapter, or liability in accordance with section eleven hundred eleven-d
53 of this chapter, or alleged liability in accordance with section eleven
54 hundred eleven-c of this chapter or alleged liability in accordance with
55 section eleven hundred eighty-b of this chapter, (2) of the impending
56 default judgment, (3) that such judgment will be entered in the Civil
S. 4524--A 21
1 Court of the city in which the bureau has been established, or other
2 court of civil jurisdiction or any other place provided for the entry of
3 civil judgments within the state of New York, and (4) that a default may
4 be avoided by entering a plea or contesting an allegation of liability
5 in accordance with section eleven hundred seventy-four-a of this chapter
6 or contesting an allegation of liability in accordance with section
7 eleven hundred eleven-e of this chapter or contesting an allegation of
8 liability in accordance with section eleven hundred eleven-d of this
9 chapter or contesting an allegation of liability in accordance with
10 section eleven hundred eleven-c of this chapter or contesting an allega-
11 tion of liability in accordance with section eleven hundred eighty-b of
12 this chapter or making an appearance within thirty days of the sending
13 of such notice. Pleas entered within that period shall be in the manner
14 prescribed in the notice and not subject to additional penalty or fee.
15 Such notice of impending default judgment shall not be required prior to
16 the rendering and entry thereof in the case of operators or owners who
17 are non-residents of the state of New York. In no case shall a default
18 judgment be rendered or, where required, a notice of impending default
19 judgment be sent, more than two years after the expiration of the time
20 prescribed for entering a plea. When a person has demanded a hearing,
21 no fine or penalty shall be imposed for any reason, prior to the holding
22 of the hearing. If the hearing examiner shall make a determination on
23 the charges, sustaining them, he or she shall impose no greater penalty
24 or fine than those upon which the person was originally charged.
25 § 7-c. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
26 law, as amended by section 7-c of chapter 222 of the laws of 2015, are
27 amended to read as follows:
28 1. The hearing examiner shall make a determination on the charges,
29 either sustaining or dismissing them. Where the hearing examiner deter-
30 mines that the charges have been sustained he or she may examine either
31 the prior parking violations record or the record of liabilities
32 incurred in accordance with section eleven hundred eleven-d of this
33 chapter of the person charged, or the record of liabilities incurred in
34 accordance with section eleven hundred seventy-four-a of this chapter of
35 the person charged, or the record of liabilities incurred in accordance
36 with section eleven hundred eleven-e of this chapter of the person
37 charged or the record of liabilities incurred in accordance with section
38 eleven hundred eighty-b of this chapter, as applicable, prior to render-
39 ing a final determination. Final determinations sustaining or dismissing
40 charges shall be entered on a final determination roll maintained by the
41 bureau together with records showing payment and nonpayment of penal-
42 ties.
43 2. Where an operator or owner fails to enter a plea to a charge of a
44 parking violation or contest an allegation of liability in accordance
45 with section eleven hundred seventy-four-a of this chapter, or contest
46 an allegation of liability in accordance with section eleven hundred
47 eleven-e of this chapter or contest an allegation of liability in
48 accordance with section eleven hundred eleven-d of this chapter or fails
49 to contest an allegation of liability incurred in accordance with
50 section eleven hundred eighty-b of this chapter or fails to appear on a
51 designated hearing date or subsequent adjourned date or fails after a
52 hearing to comply with the determination of a hearing examiner, as
53 prescribed by this article or by rule or regulation of the bureau, such
54 failure to plead, appear or comply shall be deemed, for all purposes, an
55 admission of liability and shall be grounds for rendering and entering a
56 default judgment in an amount provided by the rules and regulations of
S. 4524--A 22
1 the bureau. However, after the expiration of the original date
2 prescribed for entering a plea and before a default judgment may be
3 rendered, in such case the bureau shall pursuant to the applicable
4 provisions of law notify such operator or owner, by such form of first
5 class mail as the commission may direct; (1) of the violation charged or
6 liability in accordance with section eleven hundred seventy-four-a of
7 this chapter or liability in accordance with section eleven hundred
8 eleven-e of this chapter or liability in accordance with section eleven
9 hundred eleven-d of this chapter or liability in accordance with section
10 eleven hundred eighty-b of this chapter alleged, (2) of the impending
11 default judgment, (3) that such judgment will be entered in the Civil
12 Court of the city in which the bureau has been established, or other
13 court of civil jurisdiction or any other place provided for the entry of
14 civil judgments within the state of New York, and (4) that a default may
15 be avoided by entering a plea or contesting an allegation of liability
16 in accordance with section eleven hundred seventy-four-a of this chapter
17 or contesting an allegation of liability in accordance with section
18 eleven hundred eleven-e of this chapter or contesting an allegation of
19 liability in accordance with section eleven hundred eleven-d of this
20 chapter or contesting an allegation of liability in accordance with
21 section eleven hundred eighty-b of this chapter or making an appearance
22 within thirty days of the sending of such notice. Pleas entered within
23 that period shall be in the manner prescribed in the notice and not
24 subject to additional penalty or fee. Such notice of impending default
25 judgment shall not be required prior to the rendering and entry thereof
26 in the case of operators or owners who are non-residents of the state of
27 New York. In no case shall a default judgment be rendered or, where
28 required, a notice of impending default judgment be sent, more than two
29 years after the expiration of the time prescribed for entering a plea.
30 When a person has demanded a hearing, no fine or penalty shall be
31 imposed for any reason, prior to the holding of the hearing. If the
32 hearing examiner shall make a determination on the charges, sustaining
33 them, he shall impose no greater penalty or fine than those upon which
34 the person was originally charged.
35 § 7-d. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
36 law, as amended by section 7-d of chapter 222 of the laws of 2015, are
37 amended to read as follows:
38 1. The hearing examiner shall make a determination on the charges,
39 either sustaining or dismissing them. Where the hearing examiner deter-
40 mines that the charges have been sustained he or she may examine either
41 the prior parking violations record or the record of liabilities
42 incurred in accordance with section eleven hundred seventy-four-a of
43 this chapter of the person charged or the record of liabilities incurred
44 in accordance with section eleven hundred eleven-e of this chapter of
45 the person charged or the record of liabilities incurred in accordance
46 with section eleven hundred eleven-d of this chapter of the person
47 charged, as applicable, prior to rendering a final determination. Final
48 determinations sustaining or dismissing charges shall be entered on a
49 final determination roll maintained by the bureau together with records
50 showing payment and nonpayment of penalties.
51 2. Where an operator or owner fails to enter a plea to a charge of a
52 parking violation or contest an allegation of liability in accordance
53 with section eleven hundred seventy-four-a of this chapter, or contest
54 an allegation of liability in accordance with section eleven hundred
55 eleven-e of this chapter or contest an allegation of liability in
56 accordance with section eleven hundred eleven-d of this chapter or fails
S. 4524--A 23
1 to appear on a designated hearing date or subsequent adjourned date or
2 fails after a hearing to comply with the determination of a hearing
3 examiner, as prescribed by this article or by rule or regulation of the
4 bureau, such failure to plead, appear or comply shall be deemed, for all
5 purposes, an admission of liability and shall be grounds for rendering
6 and entering a default judgment in an amount provided by the rules and
7 regulations of the bureau. However, after the expiration of the original
8 date prescribed for entering a plea and before a default judgment may be
9 rendered, in such case the bureau shall pursuant to the applicable
10 provisions of law notify such operator or owner, by such form of first
11 class mail as the commission may direct; (1) of the violation charged or
12 liability in accordance with section eleven hundred seventy-four-a of
13 this chapter or liability in accordance with section eleven hundred
14 eleven-e of this chapter alleged or liability in accordance with section
15 eleven hundred eleven-d of this chapter alleged, (2) of the impending
16 default judgment, (3) that such judgment will be entered in the Civil
17 Court of the city in which the bureau has been established, or other
18 court of civil jurisdiction or any other place provided for the entry of
19 civil judgments within the state of New York, and (4) that a default may
20 be avoided by entering a plea or contesting an allegation of liability
21 in accordance with section eleven hundred seventy-four-a of this chapter
22 or contesting an allegation of liability in accordance with section
23 eleven hundred eleven-e of this chapter or contesting an allegation of
24 liability in accordance with section eleven hundred eleven-d of this
25 chapter or making an appearance within thirty days of the sending of
26 such notice. Pleas entered within that period shall be in the manner
27 prescribed in the notice and not subject to additional penalty or fee.
28 Such notice of impending default judgment shall not be required prior to
29 the rendering and entry thereof in the case of operators or owners who
30 are non-residents of the state of New York. In no case shall a default
31 judgment be rendered or, where required, a notice of impending default
32 judgment be sent, more than two years after the expiration of the time
33 prescribed for entering a plea. When a person has demanded a hearing, no
34 fine or penalty shall be imposed for any reason, prior to the holding of
35 the hearing. If the hearing examiner shall make a determination on the
36 charges, sustaining them, he shall impose no greater penalty or fine
37 than those upon which the person was originally charged.
38 § 7-e. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
39 law, as amended by section 7-e of chapter 222 of the laws of 2015, are
40 amended to read as follows:
41 1. The hearing examiner shall make a determination on the charges,
42 either sustaining or dismissing them. Where the hearing examiner deter-
43 mines that the charges have been sustained he or she may examine the
44 prior parking violations record or the record of liabilities incurred in
45 accordance with section eleven hundred eleven-e of this chapter of the
46 person charged, as applicable, prior to rendering a final determination
47 or the record of liabilities incurred in accordance with section eleven
48 hundred seventy-four-a of this chapter of the person charged, as appli-
49 cable, prior to rendering a final determination. Final determinations
50 sustaining or dismissing charges shall be entered on a final determi-
51 nation roll maintained by the bureau together with records showing
52 payment and nonpayment of penalties.
53 2. Where an operator or owner fails to enter a plea to a charge of a
54 parking violation or contest an allegation of liability in accordance
55 with section eleven hundred seventy-four-a of this chapter, or contest
56 an allegation of liability in accordance with section eleven hundred
S. 4524--A 24
1 eleven-e of this chapter or fails to appear on a designated hearing date
2 or subsequent adjourned date or fails after a hearing to comply with the
3 determination of a hearing examiner, as prescribed by this article or by
4 rule or regulation of the bureau, such failure to plead, appear or
5 comply shall be deemed, for all purposes, an admission of liability and
6 shall be grounds for rendering and entering a default judgment in an
7 amount provided by the rules and regulations of the bureau. However,
8 after the expiration of the original date prescribed for entering a plea
9 and before a default judgment may be rendered, in such case the bureau
10 shall pursuant to the applicable provisions of law notify such operator
11 or owner, by such form of first class mail as the commission may direct;
12 (1) of the violation charged or liability in accordance with section
13 eleven hundred eleven-e of this chapter alleged or liability in accord-
14 ance with section eleven hundred seventy-four-a of this chapter, (2) of
15 the impending default judgment, (3) that such judgment will be entered
16 in the Civil Court of the city in which the bureau has been established,
17 or other court of civil jurisdiction or any other place provided for the
18 entry of civil judgments within the state of New York, and (4) that a
19 default may be avoided by entering a plea or contesting an allegation of
20 liability in accordance with section eleven hundred eleven-e of this
21 chapter or contesting an allegation of liability in accordance with
22 section eleven hundred seventy-four-a of this chapter or making an
23 appearance within thirty days of the sending of such notice. Pleas
24 entered within that period shall be in the manner prescribed in the
25 notice and not subject to additional penalty or fee. Such notice of
26 impending default judgment shall not be required prior to the rendering
27 and entry thereof in the case of operators or owners who are non-resi-
28 dents of the state of New York. In no case shall a default judgment be
29 rendered or, where required, a notice of impending default judgment be
30 sent, more than two years after the expiration of the time prescribed
31 for entering a plea. When a person has demanded a hearing, no fine or
32 penalty shall be imposed for any reason, prior to the holding of the
33 hearing. If the hearing examiner shall make a determination on the
34 charges, sustaining them, he shall impose no greater penalty or fine
35 than those upon which the person was originally charged.
36 § 7-f. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
37 law, subdivision 1 as added by chapter 715 of the laws of 1972 and
38 subdivision 2 as amended by chapter 365 of the laws of 1978, are amended
39 to read as follows:
40 1. The hearing examiner shall make a determination on the charges,
41 either sustaining or dismissing them. Where the hearing examiner deter-
42 mines that the charges have been sustained he or she may examine the
43 prior parking violations record or the record of liabilities incurred in
44 accordance with section eleven hundred seventy-four-a of this chapter of
45 the person charged, as applicable, prior to rendering a final determi-
46 nation. Final determinations sustaining or dismissing charges shall be
47 entered on a final determination roll maintained by the bureau together
48 with records showing payment and nonpayment of penalties.
49 2. Where an operator or owner fails to enter a plea to a charge of a
50 parking violation or contest an allegation of liability in accordance
51 with section eleven hundred seventy-four-a of this chapter, or fails to
52 appear on a designated hearing date or subsequent adjourned date or
53 fails after a hearing to comply with the determination of a hearing
54 examiner, as prescribed by this article or by rule or regulation of the
55 bureau, such failure to plead, appear or comply shall be deemed, for all
56 purposes, an admission of liability and shall be grounds for rendering
S. 4524--A 25
1 and entering a default judgment in an amount provided by the rules and
2 regulations of the bureau. However, after the expiration of the original
3 date prescribed for entering a plea and before a default judgment may be
4 rendered, in such case the bureau shall pursuant to the applicable
5 provisions of law notify such operator or owner, by such form of first
6 class mail as the commission may direct; (1) of the violation charged,
7 (2) of the impending default judgment, (3) that such judgment will be
8 entered in the Civil Court of the city in which the bureau has been
9 established, or other court of civil jurisdiction or any other place
10 provided for the entry of civil judgments within the state of New York,
11 and (4) that a default may be avoided by entering a plea or making an
12 appearance within thirty days of the sending of such notice. Pleas
13 entered within that period shall be in the manner prescribed in the
14 notice and not subject to additional penalty or fee. Such notice of
15 impending default judgment shall not be required prior to the rendering
16 and entry thereof in the case of operators or owners who are non-resi-
17 dents of the state of New York. In no case shall a default judgment be
18 rendered or, where required, a notice of impending default judgment be
19 sent, more than two years after the expiration of the time prescribed
20 for entering a plea. When a person has demanded a hearing, no fine or
21 penalty shall be imposed for any reason, prior to the holding of the
22 hearing. If the hearing examiner shall make a determination on the
23 charges, sustaining them, he shall impose no greater penalty or fine
24 than those upon which the person was originally charged.
25 § 8. The vehicle and traffic law is amended by adding a new section
26 1174-a to read as follows:
27 § 1174-a. Owner liability for operator illegally overtaking or passing
28 a school bus. (a) 1. Notwithstanding any other provision of law, each
29 board of education or trustees of a school district is hereby authorized
30 and empowered to adopt and amend a resolution establishing a school bus
31 safety camera program imposing monetary liability on the owner of a
32 vehicle for failure of an operator thereof to comply with section eleven
33 hundred seventy-four of this article. Such program shall empower a board
34 of education or school district or school bus transportation contractor
35 that has contracted with such school district to install school bus
36 safety cameras upon school buses operated by or contracted with such
37 district. Provided further, notwithstanding any other provision of law,
38 a county, city, town, village or hamlet located within a school district
39 ("district") is hereby authorized and directed to adopt and amend a
40 local law or ordinance prior to authorizing a school district to estab-
41 lish a demonstration program imposing monetary liability on the owner of
42 a vehicle for failure of an operator thereof to comply with section
43 eleven hundred seventy-four of this article when meeting a school bus
44 marked and equipped as provided in subdivisions twenty and twenty-one-c
45 of section three hundred seventy-five of this chapter and operated in
46 such county, city, town or village, in accordance with the provisions of
47 this section. Such program shall empower such county, city, town,
48 village or hamlet to authorize school districts to contract with a third
49 party to install and operate school bus safety camera systems which may
50 be stationary or mobile, and which may be installed, pursuant to an
51 agreement with a school district within such county, city, town, village
52 or hamlet on school buses owned and operated by such school district or
53 privately owned and operated for compensation under contract with such
54 district.
55 2. Such program shall utilize necessary technologies to ensure, to the
56 extent practicable, that photographs produced by such school bus safety
S. 4524--A 26
1 cameras shall not include images that identify the driver, the passen-
2 gers, or the contents of the vehicle. Provided, however, that no notice
3 of liability issued pursuant to this section shall be dismissed solely
4 because a photograph or photographs allow for the identification of the
5 contents of a vehicle, provided that such school district has made a
6 reasonable effort to comply with the provisions of this paragraph.
7 (b) In any school district which has adopted a resolution pursuant to
8 subdivision (a) of this section, the owner of a vehicle shall be liable
9 for a penalty imposed pursuant to this section if such vehicle was used
10 or operated with the permission of the owner, express or implied, in
11 violation of subdivision (a) of section eleven hundred seventy-four of
12 this article, and such violation is evidenced by information obtained
13 from a school bus safety camera; provided however that no owner of a
14 vehicle shall be liable for a penalty imposed pursuant to this section
15 where the operator of such vehicle has been convicted of the underlying
16 violation of subdivision (a) of section eleven hundred seventy-four of
17 this article.
18 (c) For purposes of this section, "owner" shall have the meaning
19 provided in article two-B of this chapter. For purposes of this section,
20 "school bus safety camera" shall mean an automated photo monitoring
21 device affixed to the outside of a school bus and designed to detect and
22 store videotape and one or more images of motor vehicles that overtake
23 or pass school buses in violation of subdivision (a) of section eleven
24 hundred seventy-four of this article.
25 (d) No school district or school bus transportation contractor that
26 has installed cameras pursuant to this section shall access the images
27 from such cameras but shall provide, pursuant to an agreement with the
28 appropriate law enforcement agency or agencies, for the proper handling
29 and custody of such images for the forwarding of such images from such
30 cameras to a law enforcement agency having jurisdiction in the area in
31 which the violation occurred for the purpose of imposing monetary
32 liability on the owner of a motor vehicle for illegally overtaking or
33 passing a school bus in violation of subdivision (a) of section eleven
34 hundred seventy-four of this article. After receipt of such images a
35 police officer shall inspect such videotape and images to determine
36 whether a violation of subdivision (a) of section eleven hundred seven-
37 ty-four of this article was committed. Upon such a finding a certif-
38 icate, sworn to or affirmed by an officer of such agency, or a facsimile
39 thereof, based upon inspection of photographs, microphotographs, vide-
40 otape or other recorded images produced by a school bus safety camera,
41 shall be prima facie evidence of the facts contained therein. Any photo-
42 graphs, microphotographs, videotape or other recorded images evidencing
43 such a violation shall be available for inspection in any proceeding to
44 adjudicate the liability for such violation.
45 (e) An owner found liable pursuant to this section for a violation of
46 subdivision (a) of section eleven hundred seventy-four of this article
47 shall be liable for a monetary penalty of two hundred fifty dollars.
48 (e-1) Payment of the monetary penalty imposed by subdivision (e) of
49 this section shall be payable to the county, city, town, village or
50 hamlet located within the school district. Nothing herein shall prevent
51 the county, city, town, village or hamlet located within the school
52 district from entering into a memorandum of understanding with the
53 school district and local law enforcement agency to return a portion of
54 such penalty received to the school district and local law enforcement
55 agency, provided however, in no case shall such portion returned to a
56 local law enforcement agency exceed twenty percent of the amount
S. 4524--A 27
1 received by the county, city, town, village or hamlet located within the
2 school district.
3 (f) An imposition of liability under this section shall not be deemed
4 a conviction as an operator and shall not be made part of the operating
5 record of the person upon whom such liability is imposed nor shall it be
6 used for insurance purposes in the provision of motor vehicle insurance
7 coverage.
8 (g) 1. A notice of liability shall be sent by the respective law
9 enforcement agency by first class mail to each person alleged to be
10 liable as an owner for a violation of subdivision (a) of section eleven
11 hundred seventy-four of this article pursuant to this section. Personal
12 delivery on the owner shall not be required. A manual or automatic
13 record of mailing prepared in the ordinary course of business shall be
14 prima facie evidence of the facts contained therein.
15 2. A notice of liability shall contain the name and address of the
16 person alleged to be liable as an owner for a violation of subdivision
17 (a) of section eleven hundred seventy-four of this article pursuant to
18 this section, the registration number of the vehicle involved in such
19 violation, the location where such violation took place, the date and
20 time of such violation and the identification number of the camera which
21 recorded the violation or other document locator number.
22 3. The notice of liability shall contain information advising the
23 person charged of the manner and the time in which he may contest the
24 liability alleged in the notice. Such notice of liability shall also
25 contain a warning to advise the persons charged that failure to contest
26 in the manner and time provided shall be deemed an admission of liabil-
27 ity and that a default judgment may be entered thereon.
28 4. The notice of liability shall be prepared and mailed by the respec-
29 tive law enforcement agency having jurisdiction over the location where
30 the violation occurred.
31 (h) Adjudication of the liability imposed upon owners by this section
32 shall be by a traffic violations bureau established pursuant to section
33 three hundred seventy of the general municipal law or, if there be none,
34 by the court having jurisdiction over traffic infractions, except that
35 any city which has established or designated an administrative tribunal
36 to hear and determine owner liability established by article twenty-four
37 of this chapter for failure to comply with traffic-control indications
38 shall use such tribunal to adjudicate the liability imposed by this
39 section.
40 (i) If an owner receives a notice of liability pursuant to this
41 section for any time period during which the vehicle was reported to a
42 police department as having been stolen, it shall be a valid defense to
43 an allegation of liability for a violation of subdivision (a) of section
44 eleven hundred seventy-four of this article pursuant to this section
45 that the vehicle had been reported to the police as stolen prior to the
46 time the violation occurred and had not been recovered by such time. For
47 purposes of asserting the defense provided by this subdivision it shall
48 be sufficient that a certified copy of the police report on the stolen
49 vehicle be sent by first class mail to the traffic violations bureau,
50 court having jurisdiction or parking violations bureau.
51 (j) Where the adjudication of liability imposed upon owners pursuant
52 to this section is by an administrative tribunal, traffic violations
53 bureau, or a court having jurisdiction, an owner who is a lessor of a
54 vehicle to which a notice of liability was issued pursuant to subdivi-
55 sion (g) of this section shall not be liable for the violation of subdi-
56 vision (a) of section eleven hundred seventy-four of this article,
S. 4524--A 28
1 provided that he or she sends to the administrative tribunal, traffic
2 violations bureau, or court having jurisdiction a copy of the rental,
3 lease or other such contract document covering such vehicle on the date
4 of the violation, with the name and address of the lessee clearly legi-
5 ble, within thirty-seven days after receiving notice from the bureau or
6 court of the date and time of such violation, together with the other
7 information contained in the original notice of liability. Failure to
8 send such information within such thirty-seven day time period shall
9 render the owner liable for the penalty prescribed by this section.
10 Where the lessor complies with the provisions of this subdivision, the
11 lessee of such vehicle on the date of such violation shall be deemed to
12 be the owner of such vehicle for purposes of this section, shall be
13 subject to liability for the violation of subdivision (a) of section
14 eleven hundred seventy-four of this article pursuant to this section and
15 shall be sent a notice of liability pursuant to subdivision (g) of this
16 section.
17 (k) 1. If the owner liable for a violation of subdivision (a) of
18 section eleven hundred seventy-four of this article pursuant to this
19 section was not the operator of the vehicle at the time of the
20 violation, the owner may maintain an action for indemnification against
21 the operator.
22 2. Notwithstanding any other provision of this section, no owner of a
23 vehicle shall be subject to a monetary fine imposed pursuant to this
24 section if the operator of such vehicle was operating such vehicle with-
25 out the consent of the owner at the time such operator was found to have
26 been overtaking or passing a school bus. For purposes of this subdivi-
27 sion there shall be a presumption that the operator of such vehicle was
28 operating such vehicle with the consent of the owner at the time such
29 operator was found to have been overtaking or passing a school bus.
30 (l) Nothing in this section shall be construed to limit the liability
31 of an operator of a vehicle for any violation of subdivision (a) of
32 section eleven hundred seventy-four of this article.
33 (m) In any school district which adopts a school bus safety camera
34 program pursuant to subdivision (a) of this section, such school
35 district shall submit an annual report on the results of the use of its
36 school bus safety cameras to the governor, the temporary president of
37 the senate and the speaker of the assembly on or before June first, two
38 thousand nineteen and on the same date in each succeeding year in which
39 the program is operable. Such report shall include, but not be limited
40 to:
41 1. a description of the number of buses and routes where school bus
42 safety cameras were used;
43 2. the aggregate number, type and severity of accidents reported at
44 locations where school bus cameras are used, to the extent the informa-
45 tion is maintained by the department of motor vehicles in this state;
46 3. the aggregate number of annual incidents of violations of subdivi-
47 sion (a) of section eleven hundred seventy-four of this article within
48 the district;
49 4. the number of violations recorded by school bus safety cameras in
50 the aggregate and on a daily, weekly and monthly basis;
51 5. the total number of notices of liability issued for violations
52 recorded by such cameras;
53 6. the number of fines and total amount of fines paid after first
54 notice of liability issued for violations recorded by such cameras;
S. 4524--A 29
1 7. the number of violations adjudicated and results of such adjudi-
2 cations including breakdowns of dispositions made for violations
3 recorded by such cameras;
4 8. the total amount of revenue realized by such city, town, village or
5 hamlet from such adjudications;
6 9. expenses incurred by such city, town, village, hamlet, or school
7 district in connection with the program;
8 10. quality of the adjudication process and its results; and
9 11. a description of public education activities conducted to warn
10 motorists of the dangers of overtaking and passing stopped school buses.
11 (n) It shall be a defense to any prosecution for a violation of subdi-
12 vision (a) of section eleven hundred seventy-four of this article that
13 such school bus safety cameras were malfunctioning at the time of the
14 alleged violation.
15 § 9. The opening paragraph and paragraph (c) of subdivision 1 of
16 section 1809 of the vehicle and traffic law, as amended by section 10 of
17 chapter 222 of the laws of 2015, are amended to read as follows:
18 Whenever proceedings in an administrative tribunal or a court of this
19 state result in a conviction for an offense under this chapter or a
20 traffic infraction under this chapter, or a local law, ordinance, rule
21 or regulation adopted pursuant to this chapter, other than a traffic
22 infraction involving standing, stopping, or parking or violations by
23 pedestrians or bicyclists, or other than an adjudication of liability of
24 an owner for a violation of subdivision (d) of section eleven hundred
25 eleven of this chapter in accordance with section eleven hundred
26 eleven-a of this chapter, or other than an adjudication of liability of
27 an owner for a violation of subdivision (d) of section eleven hundred
28 eleven of this chapter in accordance with section eleven hundred
29 eleven-b of this chapter, or other than an adjudication in accordance
30 with section eleven hundred eleven-c of this chapter for a violation of
31 a bus lane restriction as defined in such section, or other than an
32 adjudication of liability of an owner for a violation of subdivision (d)
33 of section eleven hundred eleven of this chapter in accordance with
34 section eleven hundred eleven-d of this chapter, or other than an adju-
35 dication of liability of an owner for a violation of subdivision (b),
36 (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in
37 accordance with section eleven hundred eighty-b of this chapter, or
38 other than an adjudication of liability of an owner for a violation of
39 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty
40 of this chapter in accordance with section eleven hundred eighty-c of
41 this chapter, or other than an adjudication of liability of an owner for
42 a violation of subdivision (d) of section eleven hundred eleven of this
43 chapter in accordance with section eleven hundred eleven-e of this chap-
44 ter, or other than an adjudication of liability of an owner for a
45 violation of section eleven hundred seventy-four of this chapter in
46 accordance with section eleven hundred seventy-four-a of this chapter,
47 there shall be levied a crime victim assistance fee and a mandatory
48 surcharge, in addition to any sentence required or permitted by law, in
49 accordance with the following schedule:
50 (c) Whenever proceedings in an administrative tribunal or a court of
51 this state result in a conviction for an offense under this chapter
52 other than a crime pursuant to section eleven hundred ninety-two of this
53 chapter, or a traffic infraction under this chapter, or a local law,
54 ordinance, rule or regulation adopted pursuant to this chapter, other
55 than a traffic infraction involving standing, stopping, or parking or
56 violations by pedestrians or bicyclists, or other than an adjudication
S. 4524--A 30
1 of liability of an owner for a violation of subdivision (d) of section
2 eleven hundred eleven of this chapter in accordance with section eleven
3 hundred eleven-a of this chapter, or other than an adjudication of
4 liability of an owner for a violation of subdivision (d) of section
5 eleven hundred eleven of this chapter in accordance with section eleven
6 hundred eleven-b of this chapter, or other than an adjudication of
7 liability of an owner for a violation of subdivision (d) of section
8 eleven hundred eleven of this chapter in accordance with section eleven
9 hundred eleven-d of this chapter, or other than an infraction pursuant
10 to article nine of this chapter or other than an adjudication of liabil-
11 ity of an owner for a violation of toll collection regulations pursuant
12 to section two thousand nine hundred eighty-five of the public authori-
13 ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
14 hundred seventy-four of the laws of nineteen hundred fifty or other than
15 an adjudication in accordance with section eleven hundred eleven-c of
16 this chapter for a violation of a bus lane restriction as defined in
17 such section, or other than an adjudication of liability of an owner for
18 a violation of subdivision (b), (c), (d), (f) or (g) of section eleven
19 hundred eighty of this chapter in accordance with section eleven hundred
20 eighty-b of this chapter, or other than an adjudication of liability of
21 an owner for a violation of subdivision (b), (c), (d), (f) or (g) of
22 section eleven hundred eighty of this chapter in accordance with section
23 eleven hundred eighty-c of this chapter, or other than an adjudication
24 of liability of an owner for a violation of subdivision (d) of section
25 eleven hundred eleven of this chapter in accordance with section eleven
26 hundred eleven-e of this chapter, or other than an adjudication of
27 liability of an owner for a violation of section eleven hundred seven-
28 ty-four of this chapter in accordance with section eleven hundred seven-
29 ty-four-a of this chapter, there shall be levied a crime victim assist-
30 ance fee in the amount of five dollars and a mandatory surcharge, in
31 addition to any sentence required or permitted by law, in the amount of
32 fifty-five dollars.
33 § 9-a. Subdivision 1 of section 1809 of the vehicle and traffic law,
34 as amended by section 10-a of chapter 222 of the laws of 2015, is
35 amended to read as follows:
36 1. Whenever proceedings in an administrative tribunal or a court of
37 this state result in a conviction for a crime under this chapter or a
38 traffic infraction under this chapter, or a local law, ordinance, rule
39 or regulation adopted pursuant to this chapter, other than a traffic
40 infraction involving standing, stopping, parking or motor vehicle equip-
41 ment or violations by pedestrians or bicyclists, or other than an adju-
42 dication of liability of an owner for a violation of subdivision (d) of
43 section eleven hundred eleven of this chapter in accordance with section
44 eleven hundred eleven-a of this chapter, or other than an adjudication
45 of liability of an owner for a violation of subdivision (d) of section
46 eleven hundred eleven of this chapter in accordance with section eleven
47 hundred eleven-b of this chapter, or other than an adjudication in
48 accordance with section eleven hundred eleven-c of this chapter for a
49 violation of a bus lane restriction as defined in such section, or other
50 than an adjudication of liability of an owner for a violation of subdi-
51 vision (d) of section eleven hundred eleven of this chapter in accord-
52 ance with section eleven hundred eleven-d of this chapter, or other than
53 an adjudication of liability of an owner for a violation of subdivision
54 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
55 ter in accordance with section eleven hundred eighty-b of this chapter,
56 or other than an adjudication of liability of an owner for a violation
S. 4524--A 31
1 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred
2 eighty of this chapter in accordance with section eleven hundred eight-
3 y-c of this chapter, or other than an adjudication of liability of an
4 owner for a violation of subdivision (d) of section eleven hundred elev-
5 en of this chapter in accordance with section eleven hundred eleven-e of
6 this chapter, or other than an adjudication of liability of an owner for
7 a violation of section eleven hundred seventy-four of this chapter in
8 accordance with section eleven hundred seventy-four-a of this chapter,
9 there shall be levied a mandatory surcharge, in addition to any sentence
10 required or permitted by law, in the amount of twenty-five dollars.
11 § 9-b. Subdivision 1 of section 1809 of the vehicle and traffic law,
12 as amended by section 10-b of chapter 222 of the laws of 2015, is
13 amended to read as follows:
14 1. Whenever proceedings in an administrative tribunal or a court of
15 this state result in a conviction for a crime under this chapter or a
16 traffic infraction under this chapter other than a traffic infraction
17 involving standing, stopping, parking or motor vehicle equipment or
18 violations by pedestrians or bicyclists, or other than an adjudication
19 in accordance with section eleven hundred eleven-c of this chapter for a
20 violation of a bus lane restriction as defined in such section, or other
21 than an adjudication of liability of an owner for a violation of subdi-
22 vision (d) of section eleven hundred eleven of this chapter in accord-
23 ance with section eleven hundred eleven-d of this chapter, or other than
24 an adjudication of liability of an owner for a violation of subdivision
25 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
26 ter in accordance with section eleven hundred eighty-b of this chapter,
27 or other than an adjudication of liability of an owner for a violation
28 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred
29 eighty of this chapter in accordance with section eleven hundred eight-
30 y-c of this chapter, or other than an adjudication of liability of an
31 owner for a violation of subdivision (d) of section eleven hundred elev-
32 en of this chapter in accordance with section eleven hundred eleven-e of
33 this chapter, or other than an adjudication of liability of an owner for
34 a violation of section eleven hundred seventy-four of this chapter in
35 accordance with section eleven hundred seventy-four-a of this chapter,
36 there shall be levied a mandatory surcharge, in addition to any sentence
37 required or permitted by law, in the amount of seventeen dollars.
38 § 9-c. Subdivision 1 of section 1809 of the vehicle and traffic law,
39 as amended by section 10-c of chapter 222 of the laws of 2015, is
40 amended to read as follows:
41 1. Whenever proceedings in an administrative tribunal or a court of
42 this state result in a conviction for a crime under this chapter or a
43 traffic infraction under this chapter other than a traffic infraction
44 involving standing, stopping, parking or motor vehicle equipment or
45 violations by pedestrians or bicyclists, or other than an adjudication
46 of liability of an owner for a violation of subdivision (b), (c), (d),
47 (f) or (g) of section eleven hundred eighty of this chapter in accord-
48 ance with section eleven hundred eighty-b of this chapter, or other than
49 an adjudication of liability of an owner for a violation of subdivision
50 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
51 ter in accordance with section eleven hundred eighty-c of this chapter,
52 or other than an adjudication of liability of an owner for a violation
53 of subdivision (d) of section eleven hundred eleven of this chapter in
54 accordance with section eleven hundred eleven-d of this chapter, or
55 other than an adjudication of liability of an owner for a violation of
56 subdivision (d) of section eleven hundred eleven of this chapter in
S. 4524--A 32
1 accordance with section eleven hundred eleven-e of this chapter, or
2 other than an adjudication of liability of an owner for a violation of
3 section eleven hundred seventy-four of this chapter in accordance with
4 section eleven hundred seventy-four-a of this chapter, there shall be
5 levied a mandatory surcharge, in addition to any sentence required or
6 permitted by law, in the amount of seventeen dollars.
7 § 9-d. Subdivision 1 of section 1809 of the vehicle and traffic law,
8 as amended by section 10-d of chapter 222 of the laws of 2015, is
9 amended to read as follows:
10 1. Whenever proceedings in an administrative tribunal or a court of
11 this state result in a conviction for a crime under this chapter or a
12 traffic infraction under this chapter other than a traffic infraction
13 involving standing, stopping, parking or motor vehicle equipment or
14 violations by pedestrians or bicyclists, or other than an adjudication
15 of liability of an owner for a violation of subdivision (b), (c), (d),
16 (f) or (g) of section eleven hundred eighty of this chapter in accord-
17 ance with section eleven hundred eighty-c of this chapter, or other than
18 an adjudication of liability of an owner for a violation of subdivision
19 (d) of section eleven hundred eleven of this chapter in accordance with
20 section eleven hundred eleven-d of this chapter, or other than an adju-
21 dication of liability of an owner for a violation of subdivision (d) of
22 section eleven hundred eleven of this chapter in accordance with section
23 eleven hundred eleven-e of this chapter, or other than an adjudication
24 of liability of an owner for a violation of section eleven hundred
25 seventy-four of this chapter in accordance with section eleven hundred
26 seventy-four-a of this chapter, there shall be levied a mandatory
27 surcharge, in addition to any sentence required or permitted by law, in
28 the amount of seventeen dollars.
29 § 9-e. Subdivision 1 of section 1809 of the vehicle and traffic law,
30 as amended by section 10-e of chapter 222 of the laws of 2015, is
31 amended to read as follows:
32 1. Whenever proceedings in an administrative tribunal or a court of
33 this state result in a conviction for a crime under this chapter or a
34 traffic infraction under this chapter other than a traffic infraction
35 involving standing, stopping, parking or motor vehicle equipment or
36 violations by pedestrians or bicyclists, or other than an adjudication
37 of liability of an owner for a violation of subdivision (d) of section
38 eleven hundred eleven of this chapter in accordance with section eleven
39 hundred eleven-d of this chapter, or other than an adjudication of
40 liability of an owner for a violation of subdivision (d) of section
41 eleven hundred eleven of this chapter in accordance with section eleven
42 hundred eleven-e of this chapter, or other than an adjudication of
43 liability of an owner for a violation of section eleven hundred seven-
44 ty-four of this chapter in accordance with section eleven hundred seven-
45 ty-four-a of this chapter, there shall be levied a mandatory surcharge,
46 in addition to any sentence required or permitted by law, in the amount
47 of seventeen dollars.
48 § 9-f. Subdivision 1 of section 1809 of the vehicle and traffic law,
49 as amended by section 10-f of chapter 222 of the laws of 2015, is
50 amended to read as follows:
51 1. Whenever proceedings in an administrative tribunal or a court of
52 this state result in a conviction for a crime under this chapter or a
53 traffic infraction under this chapter other than a traffic infraction
54 involving standing, stopping, parking or motor vehicle equipment or
55 violations by pedestrians or bicyclists, or other than an adjudication
56 of liability of an owner for a violation of subdivision (d) of section
S. 4524--A 33
1 eleven hundred eleven of this chapter in accordance with section eleven
2 hundred eleven-e of this chapter, or other than an adjudication of
3 liability of an owner for a violation of section eleven hundred seven-
4 ty-four of this chapter in accordance with section eleven hundred seven-
5 ty-four-a of this chapter, there shall be levied a mandatory surcharge,
6 in addition to any sentence required or permitted by law, in the amount
7 of seventeen dollars.
8 § 9-g. Subdivision 1 of section 1809 of the vehicle and traffic law,
9 as separately amended by chapter 16 of the laws of 1983 and chapter 62
10 of the laws of 1989, is amended to read as follows:
11 1. Whenever proceedings in an administrative tribunal or a court of
12 this state result in a conviction for a crime under this chapter or a
13 traffic infraction under this chapter other than a traffic infraction
14 involving standing, stopping, parking or motor vehicle equipment or
15 violations by pedestrians or bicyclists, or other than an adjudication
16 of liability of an owner for a violation of section eleven hundred
17 seventy-four of this chapter in accordance with section eleven hundred
18 seventy-four-a of this chapter, there shall be levied a mandatory
19 surcharge, in addition to any sentence required or permitted by law, in
20 the amount of seventeen dollars.
21 § 10. Paragraph a of subdivision 1 of section 1809-e of the vehicle
22 and traffic law, as amended by section 11 of chapter 222 of the laws of
23 2015, is amended to read as follows:
24 a. Notwithstanding any other provision of law, whenever proceedings in
25 a court or an administrative tribunal of this state result in a
26 conviction for an offense under this chapter, except a conviction pursu-
27 ant to section eleven hundred ninety-two of this chapter, or for a traf-
28 fic infraction under this chapter, or a local law, ordinance, rule or
29 regulation adopted pursuant to this chapter, except a traffic infraction
30 involving standing, stopping, or parking or violations by pedestrians or
31 bicyclists, and except an adjudication of liability of an owner for a
32 violation of subdivision (d) of section eleven hundred eleven of this
33 chapter in accordance with section eleven hundred eleven-a of this chap-
34 ter or in accordance with section eleven hundred eleven-d of this chap-
35 ter, or in accordance with section eleven hundred eleven-e of this chap-
36 ter, or in accordance with section eleven hundred seventy-four-a of this
37 chapter, and except an adjudication of liability of an owner for a
38 violation of subdivision (d) of section eleven hundred eleven of this
39 chapter in accordance with section eleven hundred eleven-b of this chap-
40 ter, and except an adjudication in accordance with section eleven
41 hundred eleven-c of this chapter of a violation of a bus lane
42 restriction as defined in such section, and except an adjudication of
43 liability of an owner for a violation of subdivision (b), (c), (d), (f)
44 or (g) of section eleven hundred eighty of this chapter in accordance
45 with section eleven hundred eighty-b of this chapter, and except an
46 adjudication of liability of an owner for a violation of subdivision
47 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
48 ter in accordance with section eleven hundred eighty-c of this chapter,
49 and except an adjudication of liability of an owner for a violation of
50 toll collection regulations pursuant to section two thousand nine
51 hundred eighty-five of the public authorities law or sections sixteen-a,
52 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
53 laws of nineteen hundred fifty, there shall be levied in addition to any
54 sentence, penalty or other surcharge required or permitted by law, an
55 additional surcharge of twenty-eight dollars.
S. 4524--A 34
1 § 10-a. Paragraph a of subdivision 1 of section 1809-e of the vehicle
2 and traffic law, as amended by section 11-a of chapter 222 of the laws
3 of 2015, is amended to read as follows:
4 a. Notwithstanding any other provision of law, whenever proceedings in
5 a court or an administrative tribunal of this state result in a
6 conviction for an offense under this chapter, except a conviction pursu-
7 ant to section eleven hundred ninety-two of this chapter, or for a traf-
8 fic infraction under this chapter, or a local law, ordinance, rule or
9 regulation adopted pursuant to this chapter, except a traffic infraction
10 involving standing, stopping, or parking or violations by pedestrians or
11 bicyclists, and except an adjudication of liability of an owner for a
12 violation of subdivision (d) of section eleven hundred eleven of this
13 chapter in accordance with section eleven hundred eleven-a of this chap-
14 ter or in accordance with section eleven hundred eleven-d of this chap-
15 ter or in accordance with section eleven hundred eleven-e of this chap-
16 ter, or in accordance with section eleven hundred seventy-four-a of this
17 chapter, and except an adjudication in accordance with section eleven
18 hundred eleven-c of this chapter of a violation of a bus lane
19 restriction as defined in such section, and except an adjudication of
20 liability of an owner for a violation of subdivision (b), (c), (d), (f)
21 or (g) of section eleven hundred eighty of this chapter in accordance
22 with section eleven hundred eighty-b of this chapter, and except an
23 adjudication of liability of an owner for a violation of subdivision
24 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
25 ter in accordance with section eleven hundred eighty-c of this chapter,
26 and except an adjudication of liability of an owner for a violation of
27 toll collection regulations pursuant to section two thousand nine
28 hundred eighty-five of the public authorities law or sections sixteen-a,
29 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
30 laws of nineteen hundred fifty, there shall be levied in addition to any
31 sentence, penalty or other surcharge required or permitted by law, an
32 additional surcharge of twenty-eight dollars.
33 § 10-b. Paragraph a of subdivision 1 of section 1809-e of the vehicle
34 and traffic law, as amended by section 11-b of chapter 222 of the laws
35 of 2015, is amended to read as follows:
36 a. Notwithstanding any other provision of law, whenever proceedings in
37 a court or an administrative tribunal of this state result in a
38 conviction for an offense under this chapter, except a conviction pursu-
39 ant to section eleven hundred ninety-two of this chapter, or for a traf-
40 fic infraction under this chapter, or a local law, ordinance, rule or
41 regulation adopted pursuant to this chapter, except a traffic infraction
42 involving standing, stopping, or parking or violations by pedestrians or
43 bicyclists, and except an adjudication of liability of an owner for a
44 violation of subdivision (d) of section eleven hundred eleven of this
45 chapter in accordance with section eleven hundred eleven-a of this chap-
46 ter or in accordance with section eleven hundred eleven-d of this chap-
47 ter or in accordance with section eleven hundred eleven-e of this chap-
48 ter, or in accordance with section eleven hundred seventy-four-a of this
49 chapter, and except an adjudication of liability of an owner for a
50 violation of subdivision (b), (c), (d), (f) or (g) of section eleven
51 hundred eighty of this chapter in accordance with section eleven hundred
52 eighty-b of this chapter, and except an adjudication of liability of an
53 owner for a violation of subdivision (b), (c), (d), (f) or (g) of
54 section eleven hundred eighty of this chapter in accordance with section
55 eleven hundred eighty-c of this chapter, and except an adjudication of
56 liability of an owner for a violation of toll collection regulations
S. 4524--A 35
1 pursuant to section two thousand nine hundred eighty-five of the public
2 authorities law or sections sixteen-a, sixteen-b and sixteen-c of chap-
3 ter seven hundred seventy-four of the laws of nineteen hundred fifty,
4 there shall be levied in addition to any sentence, penalty or other
5 surcharge required or permitted by law, an additional surcharge of twen-
6 ty-eight dollars.
7 § 10-c. Paragraph a of subdivision 1 of section 1809-e of the vehicle
8 and traffic law, as amended by section 11-c of chapter 222 of the laws
9 of 2015, is amended to read as follows:
10 a. Notwithstanding any other provision of law, whenever proceedings in
11 a court or an administrative tribunal of this state result in a
12 conviction for an offense under this chapter, except a conviction pursu-
13 ant to section eleven hundred ninety-two of this chapter, or for a traf-
14 fic infraction under this chapter, or a local law, ordinance, rule or
15 regulation adopted pursuant to this chapter, except a traffic infraction
16 involving standing, stopping, or parking or violations by pedestrians or
17 bicyclists, and except an adjudication of liability of an owner for a
18 violation of subdivision (d) of section eleven hundred eleven of this
19 chapter in accordance with section eleven hundred eleven-a of this chap-
20 ter or in accordance with section eleven hundred eleven-d of this chap-
21 ter or in accordance with section eleven hundred eleven-e of this chap-
22 ter, or in accordance with section eleven hundred seventy-four-a of this
23 chapter, and except an adjudication of liability of an owner for a
24 violation of subdivision (b), (c), (d), (f) or (g) of section eleven
25 hundred eighty of this chapter in accordance with section eleven hundred
26 eighty-c of this chapter, and except an adjudication of liability of an
27 owner for a violation of toll collection regulations pursuant to section
28 two thousand nine hundred eighty-five of the public authorities law or
29 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred
30 seventy-four of the laws of nineteen hundred fifty, there shall be
31 levied in addition to any sentence, penalty or other surcharge required
32 or permitted by law, an additional surcharge of twenty-eight dollars.
33 § 10-d. Paragraph a of subdivision 1 of section 1809-e of the vehicle
34 and traffic law, as amended by section 11-d of chapter 222 of the laws
35 of 2015, is amended to read as follows:
36 a. Notwithstanding any other provision of law, whenever proceedings in
37 a court or an administrative tribunal of this state result in a
38 conviction for an offense under this chapter, except a conviction pursu-
39 ant to section eleven hundred ninety-two of this chapter, or for a traf-
40 fic infraction under this chapter, or a local law, ordinance, rule or
41 regulation adopted pursuant to this chapter, except a traffic infraction
42 involving standing, stopping, or parking or violations by pedestrians or
43 bicyclists, and except an adjudication of liability of an owner for a
44 violation of subdivision (d) of section eleven hundred eleven of this
45 chapter in accordance with section eleven hundred eleven-a of this chap-
46 ter or in accordance with section eleven hundred eleven-d of this chap-
47 ter or in accordance with section eleven hundred eleven-e of this chap-
48 ter, or in accordance with section eleven hundred seventy-four-a of this
49 chapter, and except an adjudication of liability of an owner for a
50 violation of toll collection regulations pursuant to section two thou-
51 sand nine hundred eighty-five of the public authorities law or sections
52 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
53 of the laws of nineteen hundred fifty, there shall be levied in addition
54 to any sentence, penalty or other surcharge required or permitted by
55 law, an additional surcharge of twenty-eight dollars.
S. 4524--A 36
1 § 10-e. Paragraph a of subdivision 1 of section 1809-e of the vehicle
2 and traffic law, as amended by section 11-e of chapter 222 of the laws
3 of 2015, is amended to read as follows:
4 a. Notwithstanding any other provision of law, whenever proceedings in
5 a court or an administrative tribunal of this state result in a
6 conviction for an offense under this chapter, except a conviction pursu-
7 ant to section eleven hundred ninety-two of this chapter, or for a traf-
8 fic infraction under this chapter, or a local law, ordinance, rule or
9 regulation adopted pursuant to this chapter, except a traffic infraction
10 involving standing, stopping, or parking or violations by pedestrians or
11 bicyclists, and except an adjudication of liability of an owner for a
12 violation of subdivision (d) of section eleven hundred eleven of this
13 chapter in accordance with section eleven hundred eleven-a of this chap-
14 ter or in accordance with section eleven hundred eleven-e of this chap-
15 ter, or in accordance with section eleven hundred seventy-four-a of this
16 chapter, and except an adjudication of liability of an owner for a
17 violation of toll collection regulations pursuant to section two thou-
18 sand nine hundred eighty-five of the public authorities law or sections
19 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
20 of the laws of nineteen hundred fifty, there shall be levied in addition
21 to any sentence, penalty or other surcharge required or permitted by
22 law, an additional surcharge of twenty-eight dollars.
23 § 10-f. Paragraph a of subdivision 1 of section 1809-e of the vehicle
24 and traffic law, as amended by section 5 of part C of chapter 55 of the
25 laws of 2013, is amended to read as follows:
26 a. Notwithstanding any other provision of law, whenever proceedings in
27 a court or an administrative tribunal of this state result in a
28 conviction for an offense under this chapter, except a conviction pursu-
29 ant to section eleven hundred ninety-two of this chapter, or for a traf-
30 fic infraction under this chapter, or a local law, ordinance, rule or
31 regulation adopted pursuant to this chapter, except a traffic infraction
32 involving standing, stopping, or parking or violations by pedestrians or
33 bicyclists, and except an adjudication of liability of an owner for a
34 violation of subdivision (d) of section eleven hundred eleven of this
35 chapter in accordance with section eleven hundred eleven-a of this chap-
36 ter or in accordance with section eleven hundred seventy-four-a of this
37 chapter, and except an adjudication of liability of an owner for a
38 violation of toll collection regulations pursuant to section two thou-
39 sand nine hundred eighty-five of the public authorities law or sections
40 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
41 of the laws of nineteen hundred fifty, there shall be levied in addition
42 to any sentence, penalty or other surcharge required or permitted by
43 law, an additional surcharge of twenty-eight dollars.
44 § 11. Subdivision 1 of section 371 of the general municipal law, as
45 amended by section 12 of chapter 222 of the laws of 2015, is amended to
46 read as follows:
47 1. A traffic violations bureau so established may be authorized to
48 dispose of violations of traffic laws, ordinances, rules and regulations
49 when such offenses shall not constitute the traffic infraction known as
50 speeding or a misdemeanor or felony, and, if authorized by local law or
51 ordinance, to adjudicate the liability of owners for violations of
52 subdivision (d) of section eleven hundred eleven of the vehicle and
53 traffic law in accordance with section eleven hundred eleven-a of such
54 law or section eleven hundred eleven-b of such law as added by sections
55 sixteen of chapters twenty, [twenty-one,] and twenty-two of the laws of
56 two thousand nine which amended this subdivision, or section eleven
S. 4524--A 37
1 hundred eleven-d of such law, or section eleven hundred eleven-e of such
2 law or section eleven hundred seventy-four-a of such law.
3 § 11-a. Section 371 of the general municipal law, as amended by
4 section 12-a of chapter 222 of the laws of 2015, is amended to read as
5 follows:
6 § 371. Jurisdiction and procedure. A traffic violations bureau so
7 established may be authorized to dispose of violations of traffic laws,
8 ordinances, rules and regulations when such offenses shall not consti-
9 tute the traffic infraction known as speeding or a misdemeanor or felo-
10 ny, and, if authorized by local law or ordinance, to adjudicate the
11 liability of owners for violations of subdivision (d) of section eleven
12 hundred eleven of the vehicle and traffic law in accordance with section
13 eleven hundred eleven-b of such law as added by sections sixteen of
14 chapters twenty, [twenty-one,] and twenty-two of the laws of two thou-
15 sand nine which amended this section or section eleven hundred eleven-d
16 of such law or section eleven hundred eleven-e of such law, or section
17 eleven hundred seventy-four-a of such law, by permitting a person
18 charged with an offense within the limitations herein stated, to answer,
19 within a specified time, at the traffic violations bureau, either in
20 person or by written power of attorney in such form as may be prescribed
21 in the ordinance creating the bureau, by paying a prescribed fine and,
22 in writing, waiving a hearing in court, pleading guilty to the charge or
23 admitting liability as an owner for the violation of subdivision (d) of
24 section eleven hundred eleven of the vehicle and traffic law, as the
25 case may be, and authorizing the person in charge of the bureau to make
26 such a plea or admission and pay such a fine in court. Acceptance of the
27 prescribed fine and power of attorney by the bureau shall be deemed
28 complete satisfaction for the violation or of the liability, and the
29 violator or owner liable for a violation of subdivision (d) of section
30 eleven hundred eleven of the vehicle and traffic law shall be given a
31 receipt which so states. If a person charged with a traffic violation
32 does not answer as hereinbefore prescribed, within a designated time,
33 the bureau shall cause a complaint to be entered against him or her
34 forthwith and a warrant to be issued for his or her arrest and appear-
35 ance before the court. Any person who shall have been, within the
36 preceding twelve months, guilty of a number of parking violations in
37 excess of such maximum number as may be designated by the court, or of
38 three or more violations other than parking violations, shall not be
39 permitted to appear and answer to a subsequent violation at the traffic
40 violations bureau, but must appear in court at a time specified by the
41 bureau. Such traffic violations bureau shall not be authorized to
42 deprive a person of his or her right to counsel or to prevent him or her
43 from exercising his or her right to appear in court to answer to,
44 explain, or defend any charge of a violation of any traffic law, ordi-
45 nance, rule or regulation.
46 § 11-b. Section 371 of the general municipal law, as amended by
47 section 12-b of chapter 222 of the laws of 2015, is amended to read as
48 follows:
49 § 371. Jurisdiction and procedure. A traffic violations bureau so
50 established may be authorized to dispose of violations of traffic laws,
51 ordinances, rules and regulations when such offenses shall not consti-
52 tute the traffic infraction known as speeding or a misdemeanor or felo-
53 ny, and, if authorized by local law or ordinance, to adjudicate the
54 liability of owners for violations of subdivision (d) of section eleven
55 hundred eleven of the vehicle and traffic law in accordance with section
56 eleven hundred eleven-d or section eleven hundred eleven-e or section
S. 4524--A 38
1 eleven hundred seventy-four-a of the vehicle and traffic law, by permit-
2 ting a person charged with an offense within the limitations herein
3 stated, to answer, within a specified time, at the traffic violations
4 bureau, either in person or by written power of attorney in such form as
5 may be prescribed in the ordinance creating the bureau, by paying a
6 prescribed fine and, in writing, waiving a hearing in court, pleading
7 guilty to the charge or admitting liability as an owner for the
8 violation of subdivision (d) of section eleven hundred eleven of the
9 vehicle and traffic law, as the case may be, and authorizing the person
10 in charge of the bureau to make such a plea or admission and pay such a
11 fine in court. Acceptance of the prescribed fine and power of attorney
12 by the bureau shall be deemed complete satisfaction for the violation or
13 of the liability, and the violator or owner liable for a violation of
14 subdivision (d) of section eleven hundred eleven of the vehicle and
15 traffic law shall be given a receipt which so states. If a person
16 charged with a traffic violation does not answer as hereinbefore
17 prescribed, within a designated time, the bureau shall cause a complaint
18 to be entered against him or her forthwith and a warrant to be issued
19 for his or her arrest and appearance before the court. Any person who
20 shall have been, within the preceding twelve months, guilty of a number
21 of parking violations in excess of such maximum number as may be desig-
22 nated by the court, or of three or more violations other than parking
23 violations, shall not be permitted to appear and answer to a subsequent
24 violation at the traffic violations bureau, but must appear in court at
25 a time specified by the bureau. Such traffic violations bureau shall not
26 be authorized to deprive a person of his or her right to counsel or to
27 prevent him or her from exercising his or her right to appear in court
28 to answer to, explain, or defend any charge of a violation of any traf-
29 fic law, ordinance, rule or regulation.
30 § 11-c. Section 371 of the general municipal law, as amended by
31 section 12-c of chapter 222 of the laws of 2015, is amended to read as
32 follows:
33 § 371. Jurisdiction and procedure. A traffic violations bureau so
34 established may be authorized to dispose of violations of traffic laws,
35 ordinances, rules and regulations when such offenses shall not consti-
36 tute the traffic infraction known as speeding or a misdemeanor or felo-
37 ny, and, if authorized by local law or ordinance, to adjudicate the
38 liability of owners for violations of subdivision (d) of section eleven
39 hundred eleven of the vehicle and traffic law in accordance with section
40 eleven hundred eleven-e of the vehicle and traffic law, and, if author-
41 ized by local law or ordinance, to adjudicate the liability of owners
42 for violations of section eleven hundred seventy-four of the vehicle and
43 traffic law in accordance with section eleven hundred seventy-four-a of
44 the vehicle and traffic law by permitting a person charged with an
45 offense within the limitations herein stated, to answer, within a speci-
46 fied time, at the traffic violations bureau, either in person or by
47 written power of attorney in such form as may be prescribed in the ordi-
48 nance creating the bureau, by paying a prescribed fine and, in writing,
49 waiving a hearing in court, pleading guilty to the charge or admitting
50 liability as an owner for violation of subdivision (d) of section eleven
51 hundred eleven of the vehicle and traffic law, as the case may be, or
52 admitting liability as an owner for a violation of section eleven
53 hundred seventy-four of the vehicle and traffic law, as the case may be,
54 and authorizing the person in charge of the bureau to make such a plea
55 or admission and pay such a fine in court. Acceptance of the prescribed
56 fine and power of attorney by the bureau shall be deemed complete satis-
S. 4524--A 39
1 faction for the violation or of the liability, and the violator or owner
2 liable for a violation of subdivision (d) of section eleven hundred
3 eleven of the vehicle and traffic law or owner liable for a violation of
4 section eleven hundred seventy-four of the vehicle and traffic law shall
5 be given a receipt which so states. If a person charged with a traffic
6 violation does not answer as hereinbefore prescribed, within a desig-
7 nated time, the bureau shall cause a complaint to be entered against him
8 or her forthwith and a warrant to be issued for his or her arrest and
9 appearance before the court. Any person who shall have been, within the
10 preceding twelve months, guilty of a number of parking violations in
11 excess of such maximum number as may be designated by the court, or of
12 three or more violations other than parking violations, shall not be
13 permitted to appear and answer to a subsequent violation at the traffic
14 violations bureau, but must appear in court at a time specified by the
15 bureau. Such traffic violations bureau shall not be authorized to
16 deprive a person of his or her right to counsel or to prevent him or her
17 from exercising his or her right to appear in court to answer to,
18 explain, or defend any charge of a violation of any traffic law, ordi-
19 nance, rule or regulation.
20 § 11-d. Section 371 of the general municipal law, as amended by chap-
21 ter 802 of the laws of 1949, is amended to read as follows:
22 § 371. Jurisdiction and procedure. A traffic violations bureau so
23 established may be authorized to dispose of violations of traffic laws,
24 ordinances, rules and regulations when such offenses shall not consti-
25 tute the traffic infraction known as speeding or a misdemeanor or felo-
26 ny, and, if authorized by local law or ordinance, to adjudicate the
27 liability of owners for violations of section eleven hundred seventy-
28 four of the vehicle and traffic law in accordance with section eleven
29 hundred seventy-four-a of the vehicle and traffic law by permitting a
30 person charged with an offense within the limitations herein stated, to
31 answer, within a specified time, at the traffic violations bureau,
32 either in person or by written power of attorney in such form as may be
33 prescribed in the ordinance creating the bureau, by paying a prescribed
34 fine and, in writing, waiving a hearing in court, pleading guilty to the
35 charge, or admitting liability as an owner for a violation of section
36 eleven hundred seventy-four of the vehicle and traffic law, as the case
37 may be and authorizing the person in charge of the bureau to make such a
38 plea or admission and pay such a fine in court. Acceptance of the
39 prescribed fine and power of attorney by the bureau shall be deemed
40 complete satisfaction for the violation, and the violator or owner
41 liable for a violation of section eleven hundred seventy-four of the
42 vehicle and traffic law shall be given a receipt which so states. If a
43 person charged with a traffic violation does not answer as hereinbefore
44 prescribed, within a designated time, the bureau shall cause a complaint
45 to be entered against him or her forthwith and a warrant to be issued
46 for his or her arrest and appearance before the court. Any person who
47 shall have been, within the preceding twelve months, guilty of a number
48 of parking violations in excess of such maximum number as may be desig-
49 nated by the court, or of three or more violations other than parking
50 violations, shall not be permitted to appear and answer to a subsequent
51 violation at the traffic violations bureau, but must appear in court at
52 a time specified by the bureau. Such traffic violations bureau shall not
53 be authorized to deprive a person of his or her right to counsel or to
54 prevent him or her from exercising his or her right to appear in court
55 to answer to, explain, or defend any charge of a violation of any traf-
56 fic law, ordinance, rule or regulation.
S. 4524--A 40
1 § 12. Subdivision 2 of section 87 of the public officers law is
2 amended by adding a new paragraph (p) to read as follows:
3 (p) are photographs, microphotographs, videotape or other recorded
4 images prepared under authority of section eleven hundred seventy-four-a
5 of the vehicle and traffic law.
6 § 13. Section 1604 of the education law is amended by adding a new
7 subdivision 43 to read as follows:
8 43. To pass, in the discretion of the trustees, a resolution authoriz-
9 ing the use of school bus cameras pursuant to section eleven hundred
10 seventy-four-a of the vehicle and traffic law, provided that the trus-
11 tees may also enter into contracts with a third party for the installa-
12 tion, administration, operation, notice processing, and maintenance of
13 such cameras pursuant to section eleven hundred seventy-four-a of the
14 vehicle and traffic law, provided that the purchase, lease, installa-
15 tion, operation and maintenance, or any other costs associated with such
16 cameras shall be considered an aidable expense pursuant to section thir-
17 ty-six hundred twenty-three-a of this chapter.
18 § 14. Section 1709 of the education law is amended by adding a new
19 subdivision 43 to read as follows:
20 43. To pass a resolution, in the discretion of the board, authorizing
21 the use of school bus cameras pursuant to section eleven hundred seven-
22 ty-four-a of the vehicle and traffic law, provided that the board may
23 also enter into contracts with a third party for the installation,
24 administration, operation, notice processing, and maintenance of such
25 cameras pursuant to section eleven hundred seventy-four-a of the vehicle
26 and traffic law, provided that the purchase, lease, installation, opera-
27 tion and maintenance, or any other costs associated with such cameras
28 shall be considered an aidable expense pursuant to section thirty-six
29 hundred twenty-three-a of this chapter.
30 § 15. Operation of school bus photo violation monitoring systems with-
31 in a school district in accordance with section 1174-a of the vehicle
32 and traffic law. 1. The governing body of any county and the municipal
33 officers and boards in the several cities, towns and villages located
34 within a school district which have adopted local laws or ordinances
35 pursuant to section 1174-a of the vehicle and traffic law establishing a
36 demonstration program imposing monetary liability on the owner of a
37 vehicle for failure of an operator thereof to comply with section 1174
38 of the vehicle and traffic law when meeting a school bus marked and
39 equipped as provided in subdivisions 20 and 21-c of section 375 of the
40 vehicle and traffic law and operated in such county, city, town or
41 village, are each hereby authorized to enter into an agreement with the
42 applicable school district ("district") for the installation, mainte-
43 nance and use of school bus photo violation monitoring systems, for the
44 proper handling and custody of photographs, microphotographs, vide-
45 otapes, other recorded images and data produced by such systems, and for
46 the forwarding of such photographs, microphotographs, videotapes, other
47 recorded images and data to the applicable county, city, town or
48 village, subject to the provisions of this section and section 1174-a of
49 the vehicle and traffic law. Provided, however, that where a district
50 has entered an agreement as provided hereunder with a county, no cities,
51 towns or villages within the same county may enter into, or be a party
52 to, any agreement with such district pursuant to this section. Provided
53 further, however, that no county shall enter an agreement with any city
54 school district wholly contained within a city.
55 2. No agreement with the applicable school district shall take effect
56 until a county, city, town or village located within such district has
S. 4524--A 41
1 adopted a local law or ordinance as authorized by subdivision (a) of
2 section 1174-a of the vehicle and traffic law. Except as otherwise
3 provided herein, subsequent counties, cities, towns and villages within
4 such district may enter into the agreement with the district provided
5 that they have adopted a local law or ordinance as authorized by subdi-
6 vision (a) of section 1174-a of the vehicle and traffic law.
7 § 16. For the purpose of informing and educating owners of motor vehi-
8 cles in this state, any county not wholly contained within a city, city,
9 town or village authorized to issue notices of liability pursuant to the
10 provisions of this act may, during the first sixty-day period in which
11 school bus safety cameras are in operation pursuant to the provisions of
12 this act within such county, city, town or village, issue a written
13 warning in lieu of a notice of liability to all owners of motor vehicles
14 who would be held liable for failure of operators thereof to comply with
15 section 1174 of the vehicle and traffic law when meeting a school bus
16 marked and equipped as provided in subdivisions 20 and 21-c of section
17 375 of such law.
18 § 17. This act shall take effect on the thirtieth day after it shall
19 have become a law; provided that:
20 (a) the amendments to subdivision 1 of section 235 of the vehicle and
21 traffic law made by section one of this act shall not affect the expira-
22 tion of such subdivision and shall be deemed to expire therewith, when
23 upon such date the provisions of section one-a of this act shall take
24 effect;
25 (b) the amendments to section 235 of the vehicle and traffic law made
26 by section one-a of this act shall not affect the expiration of such
27 section and shall be deemed to expire therewith, when upon such date the
28 provisions of section one-b of this act shall take effect;
29 (c) the amendments to section 235 of the vehicle and traffic law made
30 by section one-b of this act shall not affect the expiration of such
31 section and shall be deemed to expire therewith, when upon such date the
32 provisions of section one-c of this act shall take effect;
33 (d) the amendments to section 235 of the vehicle and traffic law made
34 by section one-c of this act shall not affect the expiration of such
35 section and shall be deemed to expire therewith, when upon such date the
36 provisions of section one-d of this act shall take effect;
37 (e) the amendments to section 235 of the vehicle and traffic law made
38 by section one-d of this act shall not affect the expiration of such
39 section and shall be deemed to expire therewith, when upon such date the
40 provisions of section one-e of this act shall take effect;
41 (f) the amendments to section 235 of the vehicle and traffic law made
42 by section one-e of this act shall not affect the expiration of such
43 section and shall be deemed to expire therewith, when upon such date the
44 provisions of section one-f of this act shall take effect;
45 (g) the amendments to section 235 of the vehicle and traffic law made
46 by section one-f of this act shall not affect the expiration of such
47 section and shall be deemed to expire therewith, when upon such date the
48 provisions of section one-g of this act shall take effect;
49 (h) the amendments to subdivision 1 of section 236 of the vehicle and
50 traffic law made by section two of this act shall not affect the expira-
51 tion of such subdivision and shall be deemed to expire therewith, when
52 upon such date the provisions of section two-a of this act shall take
53 effect;
54 (i) the amendments to subdivision 1 of section 236 of the vehicle and
55 traffic law made by section two-a of this act shall not affect the expi-
56 ration of such subdivision and shall be deemed to expire therewith, when
S. 4524--A 42
1 upon such date the provisions of section two-b of this act shall take
2 effect;
3 (j) the amendments to subdivision 1 of section 236 of the vehicle and
4 traffic law made by section two-b of this act shall not affect the expi-
5 ration of such subdivision and shall be deemed to expire therewith, when
6 upon such date the provisions of section two-c of this act shall take
7 effect;
8 (k) the amendments to subdivision 1 of section 236 of the vehicle and
9 traffic law made by section two-c of this act shall not affect the expi-
10 ration of such subdivision and shall be deemed to expire therewith, when
11 upon such date the provisions of section two-d of this act shall take
12 effect;
13 (l) the amendments to subdivision 1 of section 236 of the vehicle and
14 traffic law made by section two-d of this act shall not affect the expi-
15 ration of such subdivision and shall be deemed to expire therewith, when
16 upon such date the provisions of section two-e of this act shall take
17 effect;
18 (m) the amendments to subdivision 1 of section 236 of the vehicle and
19 traffic law made by section two-e of this act shall not affect the expi-
20 ration of such subdivision and shall be deemed to expire therewith, when
21 upon such date the provisions of section two-f of this act shall take
22 effect;
23 (n) the amendments to paragraph f of subdivision 1 of section 239 of
24 the vehicle and traffic law made by section four of this act shall not
25 affect the expiration of such paragraph and shall be deemed to expire
26 therewith, when upon such date the provisions of section four-a of this
27 act shall take effect;
28 (o) the amendments to paragraph f of subdivision 1 of section 239 of
29 the vehicle and traffic law made by section four-a of this act shall not
30 affect the expiration of such paragraph and shall be deemed to expire
31 therewith, when upon such date the provisions of section four-b of this
32 act shall take effect;
33 (p) the amendments to paragraph f of subdivision 1 of section 239 of
34 the vehicle and traffic law made by section four-b of this act shall not
35 affect the expiration of such paragraph and shall be deemed to expire
36 therewith, when upon such date the provisions of section four-c of this
37 act shall take effect;
38 (q) the amendments to paragraph f of subdivision 1 of section 239 of
39 the vehicle and traffic law made by section four-c of this act shall not
40 affect the expiration of such paragraph and shall be deemed to expire
41 therewith, when upon such date the provisions of section four-d of this
42 act shall take effect;
43 (r) the amendments to paragraph f of subdivision 1 of section 239 of
44 the vehicle and traffic law made by section four-d of this act shall not
45 affect the expiration of such paragraph and shall be deemed to expire
46 therewith, when upon such date the provisions of section four-e of this
47 act shall take effect;
48 (s) the amendments to paragraph f of subdivision 1 of section 239 of
49 the vehicle and traffic law made by section four-e of this act shall not
50 affect the expiration of such paragraph and shall be deemed to expire
51 therewith, when upon such date the provisions of section four-f of this
52 act shall take effect;
53 (t) the amendments to subdivisions 1 and 1-a of section 240 of the
54 vehicle and traffic law made by section five of this act shall not
55 affect the expiration of such subdivisions and shall be deemed to expire
S. 4524--A 43
1 therewith, when upon such date the provisions of section five-a of this
2 act shall take effect;
3 (u) the amendments to subdivisions 1 and 1-a of section 240 of the
4 vehicle and traffic law made by section five-a of this act shall not
5 affect the expiration of such subdivisions and shall be deemed to expire
6 therewith, when upon such date the provisions of section five-b of this
7 act shall take effect;
8 (v) the amendments to subdivisions 1 and 1-a of section 240 of the
9 vehicle and traffic law made by section five-b of this act shall not
10 affect the expiration of such subdivisions and shall be deemed to expire
11 therewith, when upon such date the provisions of section five-c of this
12 act shall take effect;
13 (w) the amendments to subdivisions 1 and 1-a of section 240 of the
14 vehicle and traffic law made by section five-c of this act shall not
15 affect the expiration of such subdivisions and shall be deemed to expire
16 therewith, when upon such date the provisions of section five-d of this
17 act shall take effect;
18 (x) the amendments to subdivisions 1 and 1-a of section 240 of the
19 vehicle and traffic law made by section five-d of this act shall not
20 affect the expiration of such subdivisions and shall be deemed to expire
21 therewith, when upon such date the provisions of section five-e of this
22 act shall take effect;
23 (y) the amendments to subdivisions 1 and 1-a of section 240 of the
24 vehicle and traffic law made by section five-e of this act shall not
25 affect the expiration of such subdivisions and shall be deemed to expire
26 therewith, when upon such date the provisions of section five-f of this
27 act shall take effect;
28 (z) the amendments to paragraphs a and g of subdivision 2 of section
29 240 of the vehicle and traffic law made by section six of this act shall
30 not affect the expiration of such paragraphs and shall be deemed to
31 expire therewith, when upon such date the provisions of section six-a of
32 this act shall take effect;
33 (aa) the amendments to paragraphs a and g of subdivision 2 of section
34 240 of the vehicle and traffic law made by section six-a of this act
35 shall not affect the expiration of such paragraphs and shall be deemed
36 to expire therewith, when upon such date the provisions of section six-b
37 of this act shall take effect;
38 (bb) the amendments to paragraphs a and g of subdivision 2 of section
39 240 of the vehicle and traffic law made by section six-b of this act
40 shall not affect the expiration of such paragraphs and shall be deemed
41 to expire therewith, when upon such date the provisions of section six-c
42 of this act shall take effect;
43 (cc) the amendments to paragraphs a and g of subdivision 2 of section
44 240 of the vehicle and traffic law made by section six-c of this act
45 shall not affect the expiration of such paragraphs and shall be deemed
46 to expire therewith, when upon such date the provisions of section six-d
47 of this act shall take effect;
48 (dd) the amendments to paragraphs a and g of subdivision 2 of section
49 240 of the vehicle and traffic law made by section six-d of this act
50 shall not affect the expiration of such paragraphs and shall be deemed
51 to expire therewith, when upon such date the provisions of section six-e
52 of this act shall take effect;
53 (ee) the amendments to paragraphs a and g of subdivision 2 of section
54 240 of the vehicle and traffic law made by section six-e of this act
55 shall not affect the expiration of such paragraphs and shall be deemed
S. 4524--A 44
1 to expire therewith, when upon such date the provisions of section six-f
2 of this act shall take effect;
3 (ff) the amendments to subdivisions 1 and 2 of section 241 of the
4 vehicle and traffic law made by section seven of this act shall not
5 affect the expiration of such subdivisions and shall be deemed to expire
6 therewith, when upon such date the provisions of section seven-a of this
7 act shall take effect;
8 (gg) the amendments to subdivisions 1 and 2 of section 241 of the
9 vehicle and traffic law made by section seven-a of this act shall not
10 affect the expiration of such subdivisions and shall be deemed to expire
11 therewith, when upon such date the provisions of section seven-b of this
12 act shall take effect;
13 (hh) the amendments to subdivisions 1 and 2 of section 241 of the
14 vehicle and traffic law made by section seven-b of this act shall not
15 affect the expiration of such subdivisions and shall be deemed to expire
16 therewith, when upon such date the provisions of section seven-c of this
17 act shall take effect;
18 (ii) the amendments to subdivisions 1 and 2 of section 241 of the
19 vehicle and traffic law made by section seven-c of this act shall not
20 affect the expiration of such subdivisions and shall be deemed to expire
21 therewith, when upon such date the provisions of section seven-d of this
22 act shall take effect;
23 (jj) the amendments to subdivisions 1 and 2 of section 241 of the
24 vehicle and traffic law made by section seven-d of this act shall not
25 affect the expiration of such subdivisions and shall be deemed to expire
26 therewith, when upon such date the provisions of section seven-e of this
27 act shall take effect;
28 (kk) the amendments to subdivisions 1 and 2 of section 241 of the
29 vehicle and traffic law made by section seven-e of this act shall not
30 affect the expiration of such subdivisions and shall be deemed to expire
31 therewith, when upon such date the provisions of section seven-f of this
32 act shall take effect;
33 (ll) the amendments to subdivision 1 of section 1809 of the vehicle
34 and traffic law made by section nine of this act shall not affect the
35 expiration of such subdivision and shall be deemed to expire therewith,
36 when upon such date the provisions of section nine-a of this act shall
37 take effect;
38 (mm) the amendments to subdivision 1 of section 1809 of the vehicle
39 and traffic law made by section nine-a of this act shall not affect the
40 expiration of such subdivision and shall be deemed to expire therewith,
41 when upon such date the provisions of section nine-b of this act shall
42 take effect;
43 (nn) the amendments to subdivision 1 of section 1809 of the vehicle
44 and traffic law made by section nine-b of this act shall not affect the
45 expiration of such subdivision and shall be deemed to expire therewith,
46 when upon such date the provisions of section nine-c of this act shall
47 take effect;
48 (oo) the amendments to subdivision 1 of section 1809 of the vehicle
49 and traffic law made by section nine-c of this act shall not affect the
50 expiration of such subdivision and shall be deemed to expire therewith,
51 when upon such date the provisions of section nine-d of this act shall
52 take effect;
53 (pp) the amendments to subdivision 1 of section 1809 of the vehicle
54 and traffic law made by section nine-d of this act shall not affect the
55 expiration of such subdivision and shall be deemed to expire therewith,
S. 4524--A 45
1 when upon such date the provisions of section nine-e of this act shall
2 take effect;
3 (qq) the amendments to subdivision 1 of section 1809 of the vehicle
4 and traffic law made by section nine-e of this act shall not affect the
5 expiration of such subdivision and shall be deemed to expire therewith,
6 when upon such date the provisions of section nine-f of this act shall
7 take effect;
8 (rr) the amendments to subdivision 1 of section 1809 of the vehicle
9 and traffic law made by section nine-f of this act shall not affect the
10 expiration of such subdivision and shall be deemed to expire therewith,
11 when upon such date the provisions of section nine-g of this act shall
12 take effect;
13 (ss) the amendments to paragraph a of subdivision 1 of section 1809-e
14 of the vehicle and traffic law made by section ten of this act shall not
15 affect the expiration of such paragraph and shall be deemed to expire
16 therewith, when upon such date the provisions of section ten-a of this
17 act shall take effect;
18 (tt) the amendments to paragraph a of subdivision 1 of section 1809-e
19 of the vehicle and traffic law made by section ten-a of this act shall
20 not affect the expiration of such paragraph and shall be deemed to
21 expire therewith, when upon such date the provisions of section ten-b of
22 this act shall take effect;
23 (uu) the amendments to paragraph a of subdivision 1 of section 1809-e
24 of the vehicle and traffic law made by section ten-b of this act shall
25 not affect the expiration of such paragraph and shall be deemed to
26 expire therewith, when upon such date the provisions of section ten-c of
27 this act shall take effect;
28 (vv) the amendments to paragraph a of subdivision 1 of section 1809-e
29 of the vehicle and traffic law made by section ten-c of this act shall
30 not affect the expiration of such paragraph and shall be deemed to
31 expire therewith, when upon such date the provisions of section ten-d of
32 this act shall take effect;
33 (ww) the amendments to paragraph a of subdivision 1 of section 1809-e
34 of the vehicle and traffic law made by section ten-d of this act shall
35 not affect the expiration of such paragraph and shall be deemed to
36 expire therewith, when upon such date the provisions of section ten-e of
37 this act shall take effect;
38 (xx) the amendments to paragraph a of subdivision 1 of section 1809-e
39 of the vehicle and traffic law made by section ten-e of this act shall
40 not affect the expiration of such paragraph and shall be deemed to
41 expire therewith, when upon such date the provisions of section ten-f of
42 this act shall take effect;
43 (yy) the amendments made to subdivision 1 of section 371 of the gener-
44 al municipal law made by section eleven of this act shall not affect the
45 expiration of such subdivision and shall be deemed to expire therewith,
46 when upon such date the provisions of section eleven-a of this act shall
47 take effect;
48 (zz) the amendments made to section 371 of the general municipal law
49 made by section eleven-a of this act shall not affect the expiration of
50 such section and shall be deemed to expire therewith, when upon such
51 date the provisions of section eleven-b of this act shall take effect;
52 (aaa) the amendments made to section 371 of the general municipal law
53 made by section eleven-b of this act shall not affect the expiration of
54 such section and shall be deemed to expire therewith, when upon such
55 date the provisions of section eleven-c of this act shall take effect;
56 and
S. 4524--A 46
1 (bbb) the amendments made to section 371 of the general municipal law
2 made by section eleven-c of this act shall not affect the expiration of
3 such section and shall be deemed to expire therewith, when upon such
4 date the provisions of section eleven-d of this act shall take effect.