Bill Text: NY S05223 | 2019-2020 | General Assembly | Introduced


Bill Title: Establishes a demonstration program implementing speed violation monitoring systems in work zones by means of photo devices.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-04-16 - REFERRED TO TRANSPORTATION [S05223 Detail]

Download: New_York-2019-S05223-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5223
                               2019-2020 Regular Sessions
                    IN SENATE
                                     April 16, 2019
                                       ___________
        Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Transportation
        AN ACT to amend the vehicle and traffic law and the public officers law,
          in relation to establishing a demonstration program implementing speed
          violation monitoring systems in work zones by means of photo  devices;
          and providing for the repeal of such provisions upon expiration there-
          of
          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, and
    15  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
    18  eleven-d of this chapter, or to adjudicate the liability of  owners  for
    19  violations  of  subdivision (d) of section eleven hundred eleven of this
    20  chapter in accordance with section eleven hundred eleven-e of this chap-
    21  ter, or to adjudicate the liability of owners  for  violations  of  toll
    22  collection  regulations  as  defined  in  and  in  accordance  with  the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09902-01-9

        S. 5223                             2
     1  provisions of section two  thousand  nine  hundred  eighty-five  of  the
     2  public  authorities  law and sections sixteen-a, sixteen-b and sixteen-c
     3  of chapter seven hundred seventy-four of the laws  of  nineteen  hundred
     4  fifty,  or  to adjudicate liability of owners in accordance with section
     5  eleven hundred eleven-c of this  chapter  for  violations  of  bus  lane
     6  restrictions as defined in subdivision (b), (c), (d), (f) or (g) of such
     7  section,  or  to  adjudicate  the  liability of owners for violations of
     8  section eleven hundred eighty of this chapter in accordance with section
     9  eleven hundred eighty-b of this chapter, or to adjudicate the  liability
    10  of  owners for violations of section eleven hundred eighty of this chap-
    11  ter in accordance with section eleven hundred eighty-d of this  chapter,
    12  such  tribunal and the rules and regulations pertaining thereto shall be
    13  constituted in substantial conformance with the following sections.
    14    § 1-a. Section 235 of the vehicle  and  traffic  law,  as  amended  by
    15  section  1-a  of  chapter 222 of the laws of 2015, is amended to read as
    16  follows:
    17    § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
    18  general, special or local law or administrative code to the contrary, in
    19  any city which heretofore or hereafter is  authorized  to  establish  an
    20  administrative  tribunal  to  hear  and  determine complaints of traffic
    21  infractions constituting parking, standing or stopping violations, or to
    22  adjudicate the liability of owners for violations of subdivision (d)  of
    23  section eleven hundred eleven of this chapter in accordance with section
    24  eleven  hundred eleven-a of this chapter, or to adjudicate the liability
    25  of owners for violations of subdivision (d) of  section  eleven  hundred
    26  eleven  of  this  chapter  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 to
    29  adjudicate the liability of owners for violations of subdivision (d)  of
    30  section eleven hundred eleven of this chapter in accordance with section
    31  eleven  hundred eleven-d of this chapter, or to adjudicate the liability
    32  of owners for violations of subdivision (d) of  section  eleven  hundred
    33  eleven  of  this  chapter  in  accordance  with  section  eleven hundred
    34  eleven-e of this chapter, or to adjudicate the liability of  owners  for
    35  violations  of  toll collection regulations as defined in and in accord-
    36  ance with the provisions of section two thousand  nine  hundred  eighty-
    37  five of the public authorities law and sections sixteen-a, sixteen-b and
    38  sixteen-c  of chapter seven hundred seventy-four of the laws of nineteen
    39  hundred fifty, or to adjudicate liability of owners in  accordance  with
    40  section  eleven  hundred  eleven-c of this chapter for violations of bus
    41  lane restrictions as defined in  such  section,  or  to  adjudicate  the
    42  liability  of owners for violations of subdivision (b), (c), (d), (f) or
    43  (g) of section eleven hundred eighty of this chapter in accordance  with
    44  section  eleven  hundred  eighty-b of this chapter, or to adjudicate the
    45  liability of owners for violations of subdivision (b), (c), (d), (f)  or
    46  (g)  of section eleven hundred eighty of this chapter in accordance with
    47  section eleven hundred eighty-d of this chapter, such tribunal  and  the
    48  rules  and  regulations  pertaining  thereto  shall  be  constituted  in
    49  substantial conformance with the following sections.
    50    § 1-b. Section 235 of the vehicle  and  traffic  law,  as  amended  by
    51  section  1-b  of  chapter 222 of the laws of 2015, is amended to read as
    52  follows:
    53    § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
    54  general, special or local law or administrative code to the contrary, in
    55  any city which heretofore or hereafter is  authorized  to  establish  an
    56  administrative  tribunal  to  hear  and  determine complaints of traffic

        S. 5223                             3
     1  infractions constituting parking, standing or stopping violations, or to
     2  adjudicate the liability of owners for violations of subdivision (d)  of
     3  section  eleven  hundred  eleven  of  this  chapter  in  accordance with
     4  sections  eleven  hundred  eleven-b of this chapter as added by sections
     5  sixteen of chapters twenty, twenty-one, and twenty-two of  the  laws  of
     6  two  thousand  nine,  or  to  adjudicate  the  liability  of  owners for
     7  violations of subdivision (d) of section eleven hundred eleven  of  this
     8  chapter in accordance with section eleven hundred eleven-d of this chap-
     9  ter, or to adjudicate the liability of owners for violations of subdivi-
    10  sion  (d) of section eleven hundred eleven of this chapter in accordance
    11  with section eleven hundred eleven-e of this chapter, or  to  adjudicate
    12  the liability of owners for violations of toll collection regulations as
    13  defined in and in accordance with the provisions of section two thousand
    14  nine  hundred  eighty-five  of  the  public authorities law and sections
    15  sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
    16  of the laws of nineteen hundred fifty, or  to  adjudicate  liability  of
    17  owners  in accordance with section eleven hundred eleven-c of this chap-
    18  ter for violations of bus lane restrictions as defined in such  section,
    19  or  to  adjudicate the liability of owners for violations of subdivision
    20  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    21  ter in accordance with section eleven hundred eighty-b of this  chapter,
    22  or  to  adjudicate the liability of owners for violations of subdivision
    23  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    24  ter in accordance with section eleven hundred eighty-d of this  chapter,
    25  such  tribunal and the rules and regulations pertaining thereto shall be
    26  constituted in substantial conformance with the following sections.
    27    § 1-c. Section 235 of the vehicle  and  traffic  law,  as  amended  by
    28  section  1-c  of  chapter 222 of the laws of 2015, is amended to read as
    29  follows:
    30    § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
    31  general, special or local law or administrative code to the contrary, in
    32  any city which heretofore or hereafter is  authorized  to  establish  an
    33  administrative  tribunal  to  hear  and  determine complaints of traffic
    34  infractions constituting parking, standing or stopping violations, 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  toll collection regulations as defined in and in accord-
    42  ance with the provisions of section two thousand  nine  hundred  eighty-
    43  five of the public authorities law and sections sixteen-a, sixteen-b and
    44  sixteen-c  of chapter seven hundred seventy-four of the laws of nineteen
    45  hundred fifty, or to adjudicate liability of owners in  accordance  with
    46  section  eleven  hundred  eleven-c of this chapter for violations of bus
    47  lane restrictions as defined in  such  section,  or  to  adjudicate  the
    48  liability  of owners for violations of subdivision (b), (c), (d), (f) or
    49  (g) of section eleven hundred eighty of this chapter in accordance  with
    50  section  eleven  hundred  eighty-b of this chapter, or to adjudicate the
    51  liability of owners for violations of subdivision (b), (c), (d), (f)  or
    52  (g)  of section eleven hundred eighty of this chapter in accordance with
    53  section eleven hundred eighty-d of this chapter, such tribunal  and  the
    54  rules  and  regulations  pertaining  thereto  shall  be  constituted  in
    55  substantial conformance with the following sections.

        S. 5223                             4
     1    § 1-d. Section 235 of the vehicle  and  traffic  law,  as  amended  by
     2  section  1-d  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-d of this chapter, or to adjudicate the  liability
    12  of  owners  for  violations of subdivision (d) of section eleven hundred
    13  eleven of  this  chapter  in  accordance  with  section  eleven  hundred
    14  eleven-e  of  this chapter, or to adjudicate the liability of owners for
    15  violations of toll collection regulations as defined in and  in  accord-
    16  ance  with  the  provisions of section two thousand nine hundred eighty-
    17  five of the public authorities law and sections sixteen-a, sixteen-b and
    18  sixteen-c of chapter seven hundred seventy-four of the laws of  nineteen
    19  hundred  fifty,  or  to adjudicate liability of owners for violations of
    20  subdivisions (c) and (d) of section eleven hundred eighty of this  chap-
    21  ter  in accordance with section eleven hundred eighty-b of this chapter,
    22  or to adjudicate the liability of owners for violations  of  subdivision
    23  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    24  ter  in accordance with section eleven hundred eighty-d of this chapter,
    25  such tribunal and the rules and regulations pertaining thereto shall  be
    26  constituted in substantial conformance with the following sections.
    27    §  1-e.  Section  235  of  the  vehicle and traffic law, as amended by
    28  section 1-e of chapter 222 of the laws of 2015, is amended  to  read  as
    29  follows:
    30    § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
    31  general, special or local law or administrative code to the contrary, in
    32  any  city  which  heretofore  or hereafter is authorized to establish an
    33  administrative tribunal to hear  and  determine  complaints  of  traffic
    34  infractions constituting parking, standing or stopping violations, 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 toll collection regulations as defined in and  in  accord-
    42  ance  with  the  provisions of section two thousand nine hundred eighty-
    43  five of the public authorities law and sections sixteen-a, sixteen-b and
    44  sixteen-c of chapter seven hundred seventy-four of the laws of  nineteen
    45  hundred  fifty,  or to adjudicate the liability of owners for violations
    46  of subdivision (b), (c), (d), (f)  or  (g)  of  section  eleven  hundred
    47  eighty  of this chapter in accordance with section eleven hundred eight-
    48  y-d of this  chapter,  such  tribunal  and  the  rules  and  regulations
    49  pertaining  thereto shall be constituted in substantial conformance with
    50  the following sections.
    51    § 1-f. Section 235 of the vehicle  and  traffic  law,  as  amended  by
    52  section  1-f  of  chapter 222 of the laws of 2015, is amended to read as
    53  follows:
    54    § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
    55  general, special or local law or administrative code to the contrary, in
    56  any city which heretofore or hereafter is  authorized  to  establish  an

        S. 5223                             5
     1  administrative  tribunal  to  hear  and  determine complaints of traffic
     2  infractions constituting parking, standing or stopping violations, or to
     3  adjudicate the liability of owners for violations of subdivision (d)  of
     4  section eleven hundred eleven of this chapter in accordance with section
     5  eleven  hundred eleven-e of this chapter, or to adjudicate the liability
     6  of owners for violations of toll collection regulations  as  defined  in
     7  and  in  accordance  with  the  provisions  of section two thousand nine
     8  hundred  eighty-five  of  the  public  authorities  law   and   sections
     9  sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
    10  of the laws of nineteen hundred fifty, or to adjudicate the liability of
    11  owners  for  violations  of  subdivision  (b),  (c),  (d), (f) or (g) of
    12  section eleven hundred eighty of this chapter in accordance with section
    13  eleven hundred eighty-d of this chapter, such tribunal and the rules and
    14  regulations pertaining  thereto  shall  be  constituted  in  substantial
    15  conformance with the following sections.
    16    §  1-g.  Section  235  of  the  vehicle and traffic law, as separately
    17  amended by chapter 715 of the laws of 1972 and chapter 379 of  the  laws
    18  of 1992, is amended to read as follows:
    19    § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
    20  general, special or local law or administrative code to the contrary, in
    21  any  city  which  heretofore  or hereafter is authorized to establish an
    22  administrative tribunal to hear  and  determine  complaints  of  traffic
    23  infractions constituting parking, standing or stopping violations, or to
    24  adjudicate  the  liability  of  owners for violations of toll collection
    25  regulations as defined in and  in  accordance  with  the  provisions  of
    26  section  two thousand nine hundred eighty-five of the public authorities
    27  law and sections sixteen-a, sixteen-b and  sixteen-c  of  chapter  seven
    28  hundred  seventy-four of the laws of nineteen hundred fifty, or to adju-
    29  dicate the liability of owners for violations of subdivision  (b),  (c),
    30  (d),  (f)  or  (g)  of  section eleven hundred eighty of this chapter in
    31  accordance with section eleven hundred eighty-d of  this  chapter,  such
    32  tribunal  and  the  rules  and  regulations  pertaining thereto shall be
    33  constituted in substantial conformance with the following sections.
    34    § 2. Subdivision 1 of section 236 of the vehicle and traffic  law,  as
    35  amended  by  section 2 of chapter 222 of the laws of 2015, is amended to
    36  read as follows:
    37    1. Creation. In any city as hereinbefore or hereafter authorized  such
    38  tribunal  when  created  shall be known as the parking violations bureau
    39  and shall have jurisdiction of traffic infractions  which  constitute  a
    40  parking violation and, where authorized by local law adopted pursuant to
    41  subdivision  (a)  of  section eleven hundred eleven-a of this chapter or
    42  subdivisions (a) of sections eleven hundred eleven-b of this chapter  as
    43  added by sections sixteen of chapters twenty, twenty-one, and twenty-two
    44  of  the  laws of two thousand nine, or subdivision (a) of section eleven
    45  hundred eleven-d of this chapter, or subdivision (a) of  section  eleven
    46  hundred  eleven-e  of  this  chapter,  shall adjudicate the liability of
    47  owners for violations of subdivision (d) of section eleven hundred elev-
    48  en of this chapter  in  accordance  with  such  section  eleven  hundred
    49  eleven-a,  sections eleven hundred eleven-b as added by sections sixteen
    50  of chapters twenty, twenty-one, and twenty-two of the laws of two  thou-
    51  sand  nine, or section eleven hundred eleven-d or section eleven hundred
    52  eleven-e and shall adjudicate the liability of owners for violations  of
    53  toll  collection  regulations  as  defined in and in accordance with the
    54  provisions of section two  thousand  nine  hundred  eighty-five  of  the
    55  public  authorities  law and sections sixteen-a, sixteen-b and sixteen-c
    56  of chapter seven hundred seventy-four of the laws  of  nineteen  hundred

        S. 5223                             6
     1  fifty  and  shall  adjudicate  liability  of  owners  in accordance with
     2  section eleven hundred eleven-c of this chapter for  violations  of  bus
     3  lane  restrictions  as  defined in such section and shall adjudicate the
     4  liability  of owners for violations of subdivision (b), (c), (d), (f) or
     5  (g) of section eleven hundred eighty of this chapter in accordance  with
     6  section eleven hundred eighty-b of this chapter and shall adjudicate the
     7  liability  of owners for violations of subdivision (b), (c), (d), (f) or
     8  (g) of section eleven hundred eighty of this chapter in accordance  with
     9  section  eleven  hundred eighty-d of this chapter. Such tribunal, except
    10  in a city with a population of one million  or  more,  shall  also  have
    11  jurisdiction  of  abandoned vehicle violations. For the purposes of this
    12  article, a parking violation is the violation of any law, rule or  regu-
    13  lation  providing for or regulating the parking, stopping or standing of
    14  a vehicle. In addition for  purposes  of  this  article,  "commissioner"
    15  shall  mean  and  include  the commissioner of traffic of the city or an
    16  official possessing authority as such a commissioner.
    17    § 2-a. Subdivision 1 of section 236 of the vehicle and traffic law, as
    18  amended by section 2-a of chapter 222 of the laws of 2015, is amended to
    19  read as follows:
    20    1. Creation. In any city as hereinbefore or hereafter authorized  such
    21  tribunal  when  created  shall be known as the parking violations bureau
    22  and shall have jurisdiction of traffic infractions  which  constitute  a
    23  parking violation and, where authorized by local law adopted pursuant to
    24  subdivisions  (a) of sections eleven hundred eleven-b of this chapter as
    25  added by sections sixteen of chapters twenty, twenty-one, and twenty-two
    26  of the laws of two thousand nine, or subdivision (a) of  section  eleven
    27  hundred  eleven-d  of this chapter, or subdivision (a) of section eleven
    28  hundred eleven-e of this chapter,  shall  adjudicate  the  liability  of
    29  owners for violations of subdivision (d) of section eleven hundred elev-
    30  en  of  this  chapter  in  accordance  with such sections eleven hundred
    31  eleven-b as added by sections sixteen of  chapters  twenty,  twenty-one,
    32  and  twenty-two  of  the  laws  of  two  thousand nine or section eleven
    33  hundred eleven-d or section eleven hundred eleven-e; and  shall  adjudi-
    34  cate  liability  of  owners  in  accordance  with section eleven hundred
    35  eleven-c of this chapter for violations  of  bus  lane  restrictions  as
    36  defined  in  such  section  and shall adjudicate liability of owners for
    37  violations of subdivisions (c) and (d) of section eleven hundred  eighty
    38  of  this  chapter  in accordance with section eleven hundred eighty-b of
    39  this chapter and shall adjudicate the liability of owners for violations
    40  of subdivision (b), (c), (d), (f)  or  (g)  of  section  eleven  hundred
    41  eighty  of this chapter in accordance with section eleven hundred eight-
    42  y-d of this chapter.   For the  purposes  of  this  article,  a  parking
    43  violation  is the violation of any law, rule or regulation providing for
    44  or regulating the parking, stopping or standing of a vehicle.  In  addi-
    45  tion for purposes of this article, "commissioner" shall mean and include
    46  the  commissioner  of  traffic  of  the  city  or an official possessing
    47  authority as such a commissioner.
    48    § 2-b. Subdivision 1 of section 236 of the vehicle and traffic law, as
    49  amended by section 2-b of chapter 222 of the laws of 2015, is amended to
    50  read as follows:
    51    1. Creation. In any city as hereinbefore or hereafter authorized  such
    52  tribunal  when  created  shall be known as the parking violations bureau
    53  and shall have jurisdiction of traffic infractions  which  constitute  a
    54  parking violation and, where authorized by local law adopted pursuant to
    55  subdivision (a) of section eleven hundred eleven-d or subdivision (a) of
    56  section  eleven  hundred  eleven-e  of  this  chapter,  shall adjudicate

        S. 5223                             7
     1  liability of owners in accordance with section eleven  hundred  eleven-c
     2  of  this  chapter  for violations of bus lane restrictions as defined in
     3  such  section;  and  shall  adjudicate  the  liability  of  owners   for
     4  violations  of  subdivision  (b), (c), (d), (f) or (g) of section eleven
     5  hundred eighty of this chapter in accordance with section eleven hundred
     6  eighty-b of this chapter; and shall adjudicate the liability  of  owners
     7  for violations of subdivision (b), (c), (d), (f) or (g) of section elev-
     8  en  hundred  eighty  of  this  chapter in accordance with section eleven
     9  hundred eighty-d of this chapter.  For the purposes of this  article,  a
    10  parking  violation  is  the  violation  of  any  law, rule or regulation
    11  providing for or regulating the parking, stopping or standing of a vehi-
    12  cle. In addition for purposes of this article, "commissioner" shall mean
    13  and include the commissioner of traffic  of  the  city  or  an  official
    14  possessing authority as such a commissioner.
    15    § 2-c. Subdivision 1 of section 236 of the vehicle and traffic law, as
    16  amended by section 2-c of chapter 222 of the laws of 2015, is amended to
    17  read as follows:
    18    1.  Creation. In any city as hereinbefore or hereafter authorized such
    19  tribunal when created shall be known as the  parking  violations  bureau
    20  and,  where  authorized by local law adopted pursuant to subdivision (a)
    21  of section eleven hundred eleven-d of this chapter or subdivision (a) of
    22  section eleven hundred eleven-e of this chapter, shall have jurisdiction
    23  of traffic infractions which constitute a parking  violation  and  shall
    24  adjudicate  the  liability  of owners for violations of subdivision (b),
    25  (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in
    26  accordance with section eleven hundred  eighty-b  of  this  chapter  and
    27  shall  adjudicate  the liability of owners for violations of subdivision
    28  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    29  ter in accordance with section eleven hundred eighty-d of this  chapter.
    30  For  the  purposes of this article, a parking violation is the violation
    31  of any law, rule or regulation providing for or regulating the  parking,
    32  stopping  or  standing  of  a  vehicle. In addition for purposes of this
    33  article, "commissioner" shall mean and include the commissioner of traf-
    34  fic of the city or an official possessing authority as  such  a  commis-
    35  sioner.
    36    § 2-d. Subdivision 1 of section 236 of the vehicle and traffic law, as
    37  amended by section 2-d of chapter 222 of the laws of 2015, is amended to
    38  read as follows:
    39    1.  Creation. In any city as hereinbefore or hereafter authorized such
    40  tribunal when created shall be known as the  parking  violations  bureau
    41  and,  where  authorized by local law adopted pursuant to subdivision (a)
    42  of section eleven hundred eleven-d of this chapter or subdivision (a) of
    43  section eleven hundred eleven-e of this chapter, shall have jurisdiction
    44  of traffic infractions which constitute a parking  violation  and  shall
    45  adjudicate  the  liability  of owners for violations of subdivision (b),
    46  (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in
    47  accordance with section eleven hundred eighty-d of this  chapter.    For
    48  the  purposes  of  this article, a parking violation is the violation of
    49  any law, rule or regulation providing for  or  regulating  the  parking,
    50  stopping  or  standing  of  a  vehicle. In addition for purposes of this
    51  article, "commissioner" shall mean and include the commissioner of traf-
    52  fic of the city or an official possessing authority as  such  a  commis-
    53  sioner.
    54    § 2-e. Subdivision 1 of section 236 of the vehicle and traffic law, as
    55  amended by section 2-e of chapter 222 of the laws of 2015, is amended to
    56  read as follows:

        S. 5223                             8
     1    1.  Creation. In any city as hereinbefore or hereafter authorized such
     2  tribunal when created shall be known as the  parking  violations  bureau
     3  and where authorized by local law adopted pursuant to subdivision (a) of
     4  section eleven hundred eleven-e of this chapter, shall have jurisdiction
     5  of  traffic  infractions  which constitute a parking violation and shall
     6  adjudicate the liability of owners for violations  of  subdivision  (b),
     7  (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in
     8  accordance with section eleven hundred eighty-d of this chapter. For the
     9  purposes  of  this  article, a parking violation is the violation of any
    10  law, rule or regulation providing for or regulating the  parking,  stop-
    11  ping or standing of a vehicle. In addition for purposes of this article,
    12  "commissioner" shall mean and include the commissioner of traffic of the
    13  city or an official possessing authority as such a commissioner.
    14    § 2-f. Subdivision 1 of section 236 of the vehicle and traffic law, as
    15  added by chapter 715 of the laws of 1972, is amended to read as follows:
    16    1.  Creation. In any city as hereinbefore or hereafter authorized such
    17  tribunal when created shall be known as the  parking  violations  bureau
    18  and  shall  have  jurisdiction of traffic infractions which constitute a
    19  parking violation and shall  adjudicate  the  liability  of  owners  for
    20  violations  of  subdivision  (b), (c), (d), (f) or (g) of section eleven
    21  hundred eighty of this chapter in accordance with section eleven hundred
    22  eighty-d of this chapter.  For the purposes of this article,  a  parking
    23  violation  is the violation of any law, rule or regulation providing for
    24  or regulating the parking, stopping or standing of a vehicle.  In  addi-
    25  tion for purposes of this article, "commissioner" shall mean and include
    26  the  commissioner  of  traffic  of  the  city  or an official possessing
    27  authority as such a commissioner.
    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  subdivi-
    31  sion  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this
    32  chapter in accordance with section eleven hundred eighty-d of this chap-
    33  ter.
    34    § 4. Paragraph f of subdivision 1 of section 239 of  the  vehicle  and
    35  traffic law, as amended by section 4 of chapter 222 of the laws of 2015,
    36  is amended to read as follows:
    37    f.  "Notice  of  violation"  means a notice of violation as defined in
    38  subdivision nine of section two hundred thirty-seven  of  this  article,
    39  but shall not be deemed to include a notice of liability issued pursuant
    40  to  authorization  set  forth in section eleven hundred eleven-a of this
    41  chapter, or sections eleven hundred eleven-b of this chapter as added by
    42  sections sixteen of chapters twenty, twenty-one, and twenty-two  of  the
    43  laws  of  two  thousand nine, or section eleven hundred eleven-d of this
    44  chapter, or section eleven hundred eleven-e of this chapter,  and  shall
    45  not  be  deemed  to  include  a  notice  of liability issued pursuant to
    46  section two thousand nine hundred eighty-five of the public  authorities
    47  law  and  sections  sixteen-a,  sixteen-b and sixteen-c of chapter seven
    48  hundred seventy-four of the laws of nineteen hundred fifty and shall not
    49  be deemed to include a notice of liability issued  pursuant  to  section
    50  eleven  hundred  eleven-c  of  this  chapter  and shall not be deemed to
    51  include a notice of liability issued pursuant to section eleven  hundred
    52  eighty-b  of this chapter and shall not be deemed to include a notice of
    53  liability issued pursuant to section eleven  hundred  eighty-d  of  this
    54  chapter.

        S. 5223                             9
     1    §  4-a. Paragraph f of subdivision 1 of section 239 of the vehicle and
     2  traffic law, as amended by section 4-a of chapter 222  of  the  laws  of
     3  2015, is amended to read as follows:
     4    f.  "Notice  of  violation"  means a notice of violation as defined in
     5  subdivision nine of section two hundred thirty-seven of this article but
     6  shall not be deemed to include a notice of liability issued pursuant  to
     7  authorization  set  forth  in  sections  eleven hundred eleven-b of this
     8  chapter as added by sections sixteen of chapters twenty, twenty-one, and
     9  twenty-two of the laws of two thousand nine or  section  eleven  hundred
    10  eleven-d  of  this  chapter  or  section eleven hundred eleven-e of this
    11  chapter and shall not be deemed to include a notice of liability  issued
    12  pursuant  to  section  eleven hundred eleven-c of this chapter and shall
    13  not be deemed to include  a  notice  of  liability  issued  pursuant  to
    14  section  eleven hundred eighty-b of this chapter and shall not be deemed
    15  to include a notice of  liability  issued  pursuant  to  section  eleven
    16  hundred eighty-d of this chapter.
    17    §  4-b. Paragraph f of subdivision 1 of section 239 of the vehicle and
    18  traffic law, as amended by section 4-b of chapter 222  of  the  laws  of
    19  2015, is amended to read as follows:
    20    f.  "Notice  of  violation"  means a notice of violation as defined in
    21  subdivision nine of section two hundred thirty-seven of this article and
    22  shall not be deemed to include a notice of liability issued pursuant  to
    23  authorization set forth in section eleven hundred eleven-d of this chap-
    24  ter  or  to  a  notice of liability issued pursuant to authorization set
    25  forth in section eleven hundred eleven-e of this chapter and  shall  not
    26  be  deemed  to  include a notice of liability issued pursuant to section
    27  eleven hundred eleven-c of this chapter  and  shall  not  be  deemed  to
    28  include  a notice of liability issued pursuant to section eleven hundred
    29  eighty-b of this chapter and shall not be deemed to include a notice  of
    30  liability  issued  pursuant  to  section eleven hundred eighty-d of this
    31  chapter.
    32    § 4-c. Paragraph f of subdivision 1 of section 239 of the vehicle  and
    33  traffic  law,  as  amended  by section 4-c of chapter 222 of the laws of
    34  2015, is amended to read as follows:
    35    f. "Notice of violation" means a notice of  violation  as  defined  in
    36  subdivision nine of section two hundred thirty-seven of this article and
    37  shall  not be deemed to include a notice of liability issued pursuant to
    38  authorization set forth in section eleven hundred eleven-d of this chap-
    39  ter or to a notice of liability issued  pursuant  to  authorization  set
    40  forth  in  section eleven hundred eleven-e of this chapter and shall not
    41  be deemed to include a notice of liability issued  pursuant  to  section
    42  eleven  hundred  eighty-b  of  this  chapter  and shall not be deemed to
    43  include a notice of liability issued pursuant to section eleven  hundred
    44  eighty-d of this chapter.
    45    §  4-d. Paragraph f of subdivision 1 of section 239 of the vehicle and
    46  traffic law, as amended by section 4-d of chapter 222  of  the  laws  of
    47  2015, is amended to read as follows:
    48    f.  "Notice  of  violation"  means a notice of violation as defined in
    49  subdivision nine of section two hundred thirty-seven of this article and
    50  shall not be deemed to include a notice of liability issued pursuant  to
    51  authorization set forth in section eleven hundred eleven-d of this chap-
    52  ter  or  to  a  notice of liability issued pursuant to authorization set
    53  forth in section eleven hundred eleven-e of this chapter and  shall  not
    54  be  deemed  to  include a notice of liability issued pursuant to section
    55  eleven hundred eighty-d of this chapter.

        S. 5223                            10
     1    § 4-e. Paragraph f of subdivision 1 of section 239 of the vehicle  and
     2  traffic  law,  as  amended  by section 4-e of chapter 222 of the laws of
     3  2015, is amended to read as follows:
     4    f.  "Notice  of  violation"  means a notice of violation as defined in
     5  subdivision nine of section two hundred thirty-seven of this article and
     6  shall not be deemed to include a notice of liability issued pursuant  to
     7  authorization set forth in section eleven hundred eleven-e of this chap-
     8  ter  and  shall  not  be  deemed to include a notice of liability issued
     9  pursuant to section eleven hundred eighty-d of this chapter.
    10    § 4-f. Paragraph f of subdivision 1 of section 239 of the vehicle  and
    11  traffic  law, as added by chapter 180 of the laws of 1980, is amended to
    12  read as follows:
    13    f. "Notice of violation" means a notice of  violation  as  defined  in
    14  subdivision nine of section two hundred thirty-seven of this article and
    15  shall  not be deemed to include a notice of liability issued pursuant to
    16  section eleven hundred eighty-d of this chapter.
    17    § 5. Subdivisions 1 and 1-a of section 240 of the vehicle and  traffic
    18  law,  as  amended  by  section 5 of chapter 222 of the laws of 2015, are
    19  amended to read as follows:
    20    1. Notice of  hearing.  Whenever  a  person  charged  with  a  parking
    21  violation  enters  a plea of not guilty or a person alleged to be liable
    22  in accordance with section eleven hundred eleven-a of  this  chapter  or
    23  sections  eleven  hundred  eleven-b of this chapter as added by sections
    24  sixteen of chapters twenty, twenty-one, and twenty-two of  the  laws  of
    25  two thousand nine or section eleven hundred eleven-d of this chapter, or
    26  section  eleven  hundred  eleven-e  of  this chapter, for a violation of
    27  subdivision (d)  of  section  eleven  hundred  eleven  of  this  chapter
    28  contests such allegation, or a person alleged to be liable in accordance
    29  with  the provisions of section two thousand nine hundred eighty-five of
    30  the  public  authorities  law  or  sections  sixteen-a,  sixteen-b   and
    31  sixteen-c  of chapter seven hundred seventy-four of the laws of nineteen
    32  hundred fifty, or a person alleged to be liable in accordance  with  the
    33  provisions  of  section  eleven  hundred  eleven-c of this chapter for a
    34  violation of a bus lane restriction as defined in such section  contests
    35  such allegation, or a person alleged to be liable in accordance with the
    36  provisions  of  section  eleven  hundred  eighty-b of this chapter for a
    37  violation of subdivision (b), (c), (d), (f) or  (g)  of  section  eleven
    38  hundred  eighty  of  this  chapter contests such allegation, or a person
    39  alleged to be liable in accordance with the provisions of section eleven
    40  hundred eighty-d of this chapter for a  violation  of  subdivision  (b),
    41  (c),  (d),  (f)  or (g) of section eleven hundred eighty of this chapter
    42  contests such allegation, the bureau shall advise such person personally
    43  by such form of first class mail as the director may direct of the  date
    44  on  which  he  or she must appear to answer the charge at a hearing. The
    45  form and content of such notice of hearing shall be  prescribed  by  the
    46  director,  and  shall contain a warning to advise the person so pleading
    47  or contesting that failure to appear on the date designated, or  on  any
    48  subsequent  adjourned  date,  shall be deemed an admission of liability,
    49  and that a default judgment may be entered thereon.
    50    1-a. Fines and penalties. Whenever a  plea  of  not  guilty  has  been
    51  entered, or the bureau has been notified that an allegation of liability
    52  in  accordance  with  section eleven hundred eleven-a of this chapter or
    53  sections eleven hundred eleven-b of this chapter as  added  by  sections
    54  sixteen  of  chapters  twenty, twenty-one, and twenty-two of the laws of
    55  two thousand nine or section eleven hundred eleven-d of this chapter  or
    56  section  eleven  hundred  eleven-e  of  this chapter or an allegation of

        S. 5223                            11
     1  liability in accordance with section two thousand nine  hundred  eighty-
     2  five  of the public authorities law or sections sixteen-a, sixteen-b and
     3  sixteen-c of chapter seven hundred seventy-four of the laws of  nineteen
     4  hundred  fifty  or an allegation of liability in accordance with section
     5  eleven hundred eleven-c of this chapter or an allegation of liability in
     6  accordance with section eleven hundred eighty-b of this  chapter  or  an
     7  allegation of liability in accordance with section eleven hundred eight-
     8  y-d of this chapter, is being contested, by a person in a timely fashion
     9  and  a  hearing  upon the merits has been demanded, but has not yet been
    10  held, the bureau shall not issue any notice of fine or penalty  to  that
    11  person prior to the date of the hearing.
    12    §  5-a. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
    13  fic law, as amended by section 5-a of chapter 222 of the laws  of  2015,
    14  are amended to read as follows:
    15    1.  Notice  of  hearing.  Whenever  a  person  charged  with a parking
    16  violation enters a plea of not guilty or a person alleged to  be  liable
    17  in  accordance  with sections eleven hundred eleven-b of this chapter as
    18  added by sections sixteen of chapters twenty, twenty-one, and twenty-two
    19  of the laws of two thousand nine or section eleven hundred  eleven-d  of
    20  this  chapter  or  section eleven hundred eleven-e of this chapter for a
    21  violation of subdivision (d) of section eleven hundred  eleven  of  this
    22  chapter,  or  a  person  alleged  to  be  liable  in accordance with the
    23  provisions of section eleven hundred eleven-c  of  this  chapter  for  a
    24  violation  of a bus lane restriction as defined in such section contests
    25  such allegation, or a person alleged to be liable in accordance with the
    26  provisions of section  eleven  hundred  eighty-b  of  this  chapter  for
    27  violations  of  subdivision  (b), (c), (d), (f) or (g) of section eleven
    28  hundred eighty of this chapter contests such  allegation,  or  a  person
    29  alleged to be liable in accordance with the provisions of section eleven
    30  hundred  eighty-d  of  this  chapter for a violation of subdivision (b),
    31  (c), (d), (f) or (g) of section eleven hundred eighty  of  this  chapter
    32  contests such allegation, the bureau shall advise such person personally
    33  by  such form of first class mail as the director may direct of the date
    34  on which he or she must appear to answer the charge at  a  hearing.  The
    35  form  and  content  of such notice of hearing shall be prescribed by the
    36  director, and shall contain a warning to advise the person  so  pleading
    37  or  contesting  that failure to appear on the date designated, or on any
    38  subsequent adjourned date, shall be deemed an  admission  of  liability,
    39  and that a default judgment may be entered thereon.
    40    1-a.  Fines  and  penalties.  Whenever  a  plea of not guilty has been
    41  entered, or the bureau has been notified that an allegation of liability
    42  in accordance with sections eleven hundred eleven-b of this chapter,  as
    43  added by sections sixteen of chapters twenty, twenty-one, and twenty-two
    44  of  the  laws  of two thousand nine or in accordance with section eleven
    45  hundred eleven-d of this chapter, or in accordance with  section  eleven
    46  hundred  eleven-e  of  this  chapter  or  an  allegation of liability in
    47  accordance with section eleven hundred eleven-c of this  chapter  or  an
    48  allegation of liability in accordance with section eleven hundred eight-
    49  y-b  of  this  chapter  or an allegation of liability in accordance with
    50  section eleven hundred eighty-d of this chapter is being contested, by a
    51  person in a timely fashion and  a  hearing  upon  the  merits  has  been
    52  demanded,  but  has  not  yet  been held, the bureau shall not issue any
    53  notice of fine or penalty to that person prior to the date of the  hear-
    54  ing.

        S. 5223                            12
     1    §  5-b. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
     2  fic law, as amended by section 5-b 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 or in
     7  accordance  with  section  eleven hundred eleven-e of this chapter or in
     8  accordance with the provisions of section  eleven  hundred  eleven-c  of
     9  this  chapter  for  a  violation of a bus lane restriction as defined in
    10  such section, contests such allegation, or a person alleged to be liable
    11  in accordance with the provisions of section eleven hundred eighty-b  of
    12  this  chapter for violations of subdivision (b), (c), (d), (f) or (g) of
    13  section eleven hundred eighty of this chapter contests such  allegation,
    14  or  a  person  alleged to be liable in accordance with the provisions of
    15  section eleven hundred eighty-d of  this  chapter  for  a  violation  of
    16  subdivision  (b),  (c), (d), (f) or (g) of section eleven hundred eighty
    17  of this chapter contests such allegation, the bureau shall  advise  such
    18  person  personally  by such form of first class mail as the director may
    19  direct of the date on which he or she must appear to answer  the  charge
    20  at  a  hearing.  The form and content of such notice of hearing shall be
    21  prescribed by the director, and shall contain a warning  to  advise  the
    22  person  so pleading that failure to appear on the date designated, or on
    23  any subsequent adjourned date, shall be deemed an admission  of  liabil-
    24  ity, and that a default judgment may be entered thereon.
    25    1-a.  Fines  and  penalties.  Whenever  a  plea of not guilty has been
    26  entered, or the bureau has been notified that an allegation of liability
    27  in accordance with section eleven hundred eleven-d of this chapter or in
    28  accordance with section eleven hundred eleven-e of this  chapter  or  in
    29  accordance  with  section  eleven hundred eleven-c of this chapter or an
    30  allegation of liability in accordance with section eleven hundred eight-
    31  y-b of this chapter or an allegation of  liability  in  accordance  with
    32  section eleven hundred eighty-d of this chapter is being contested, by a
    33  person  in  a  timely  fashion  and  a  hearing upon the merits has been
    34  demanded, but has not yet been held, the  bureau  shall  not  issue  any
    35  notice  of fine or penalty to that person prior to the date of the hear-
    36  ing.
    37    § 5-c. Subdivisions 1 and 1-a of section 240 of the vehicle and  traf-
    38  fic  law,  as amended by section 5-c of chapter 222 of the laws of 2015,
    39  are amended to read as follows:
    40    1. Notice of  hearing.  Whenever  a  person  charged  with  a  parking
    41  violation  enters a plea of not guilty, or a person alleged to be liable
    42  in accordance with section eleven hundred eleven-d of this chapter, or a
    43  person alleged to be liable in accordance with  section  eleven  hundred
    44  eleven-e of this chapter, or a person alleged to be liable in accordance
    45  with  the  provisions of section eleven hundred eighty-b of this chapter
    46  for violations of subdivision (b), (c), (d), (f) or (g) of section elev-
    47  en hundred eighty of this chapter contests such allegation, or a  person
    48  alleged to be liable in accordance with the provisions of section eleven
    49  hundred  eighty-d  of  this  chapter for a violation of subdivision (b),
    50  (c), (d), (f) or (g) of section eleven hundred eighty  of  this  chapter
    51  contests such allegation, the bureau shall advise such person personally
    52  by  such form of first class mail as the director may direct of the date
    53  on which he or she must appear to answer the charge at  a  hearing.  The
    54  form  and  content  of such notice of hearing shall be prescribed by the
    55  director, and shall contain a warning to advise the person  so  pleading
    56  that  failure  to  appear  on  the date designated, or on any subsequent

        S. 5223                            13
     1  adjourned date, shall be deemed an admission of liability,  and  that  a
     2  default judgment may be entered thereon.
     3    1-a.  Fines  and  penalties.  Whenever  a  plea of not guilty has been
     4  entered, or the bureau has been notified that an allegation of liability
     5  in accordance with section eleven hundred eleven-d of this  chapter,  or
     6  the  bureau has been notified that an allegation of liability in accord-
     7  ance with section eleven hundred eleven-e of this chapter, or the bureau
     8  has been notified that an allegation of  liability  in  accordance  with
     9  section  eleven  hundred  eighty-b  of this chapter, or an allegation of
    10  liability in accordance with section eleven  hundred  eighty-d  of  this
    11  chapter, is being contested, by a person in a timely fashion and a hear-
    12  ing  upon  the  merits has been demanded, but has not yet been held, the
    13  bureau shall not issue any notice of fine  or  penalty  to  that  person
    14  prior to the date of the hearing.
    15    §  5-d. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
    16  fic law, as amended by section 5-d of chapter 222 of the laws  of  2015,
    17  are amended to read as follows:
    18    1.  Notice  of  hearing.  Whenever  a  person  charged  with a parking
    19  violation enters a plea of not guilty, or a person alleged to be  liable
    20  in  accordance  with  section  eleven  hundred  eleven-d of this chapter
    21  contests such allegation, or a person alleged to be liable in accordance
    22  with section eleven hundred eleven-e of this chapter contests such alle-
    23  gation, or a  person  alleged  to  be  liable  in  accordance  with  the
    24  provisions  of  section  eleven  hundred  eighty-d of this chapter for a
    25  violation of subdivision (b), (c), (d), (f) or  (g)  of  section  eleven
    26  hundred  eighty  of  this  chapter  contests such allegation, the bureau
    27  shall advise such person personally by such form of first class mail  as
    28  the  director  may  direct of the date on which he or she must appear to
    29  answer the charge at a hearing. The form and content of such  notice  of
    30  hearing shall be prescribed by the director, and shall contain a warning
    31  to  advise  the  person  so  pleading that failure to appear on the date
    32  designated, or on any subsequent adjourned  date,  shall  be  deemed  an
    33  admission of liability, and that a default judgment may be entered ther-
    34  eon.
    35    1-a.  Fines  and  penalties.  Whenever  a  plea of not guilty has been
    36  entered, or the bureau has been notified that an allegation of liability
    37  in accordance with section eleven hundred eleven-d of this  chapter,  is
    38  being  contested,  or the bureau has been notified that an allegation of
    39  liability in accordance with section eleven  hundred  eleven-e  of  this
    40  chapter, or an allegation of liability in accordance with section eleven
    41  hundred  eighty-d  of this chapter, is being contested, by a person in a
    42  timely fashion and a hearing upon the merits has been demanded, but  has
    43  not  yet  been  held,  the  bureau shall not issue any notice of fine or
    44  penalty to that person prior to the date of the hearing.
    45    § 5-e. Subdivisions 1 and 1-a of section 240 of the vehicle and  traf-
    46  fic  law,  as amended by section 5-e of chapter 222 of the laws of 2015,
    47  are amended to read as follows:
    48    1. Notice of  hearing.  Whenever  a  person  charged  with  a  parking
    49  violation  enters a plea of not guilty, or a person alleged to be liable
    50  in accordance with section  eleven  hundred  eleven-e  of  this  chapter
    51  contests such allegation, or a person alleged to be liable in accordance
    52  with  the  provisions of section eleven hundred eighty-d of this chapter
    53  for a violation of subdivision (b), (c), (d),  (f)  or  (g)  of  section
    54  eleven  hundred  eighty  of  this  chapter contests such allegation, the
    55  bureau shall advise such person personally by such form of  first  class
    56  mail  as  the  director  may  direct of the date on which he or she must

        S. 5223                            14
     1  appear to answer the charge at a hearing. The form and content  of  such
     2  notice of hearing shall be prescribed by the director, and shall contain
     3  a warning to advise the person so pleading that failure to appear on the
     4  date designated, or on any subsequent adjourned date, shall be deemed an
     5  admission of liability, and that a default judgment may be entered ther-
     6  eon.
     7    1-a.  Fines  and  penalties.  Whenever  a  plea of not guilty has been
     8  entered, or the bureau has been notified that an allegation of liability
     9  in accordance with section eleven hundred eleven-e of this  chapter,  or
    10  an  allegation  of  liability  in accordance with section eleven hundred
    11  eighty-d of this chapter, is being contested, by a person  in  a  timely
    12  fashion and a hearing upon the merits has been demanded, but has not yet
    13  been  held,  the bureau shall not issue any notice of fine or penalty to
    14  that person prior to the date of the hearing.
    15    § 5-f. Subdivisions 1 and 1-a of section 240 of the vehicle and  traf-
    16  fic  law, subdivision 1 as added by chapter 715 of the laws of 1972, and
    17  subdivision 1-a as added by chapter 365 of the laws of 1978, are amended
    18  to read as follows:
    19    1. Notice of  hearing.  Whenever  a  person  charged  with  a  parking
    20  violation  enters a plea of not guilty, or a person alleged to be liable
    21  in accordance with the provisions of section eleven hundred eighty-d  of
    22  this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of
    23  section  eleven hundred eighty of this chapter contests such allegation,
    24  the bureau shall advise such person personally by  such  form  of  first
    25  class  mail  as  the  director  may  direct of the date on which he must
    26  appear to answer the charge at a hearing. The form and content  of  such
    27  notice of hearing shall be prescribed by the director, and shall contain
    28  a warning to advise the person so pleading that failure to appear on the
    29  date 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 section eleven hundred eighty-d of  this  chapter  is
    35  being  contested, by a person in a timely fashion and a hearing upon the
    36  merits has been demanded, but has not yet been held,  the  bureau  shall
    37  not issue any notice of fine or penalty to that person prior to the date
    38  of the hearing.
    39    § 6. Paragraphs a and g of subdivision 2 of section 240 of the vehicle
    40  and  traffic  law, as amended by section 6 of chapter 222 of the laws of
    41  2015, are amended to read as follows:
    42    a. Every hearing for the adjudication of a charge of parking violation
    43  or an allegation of liability in accordance with section eleven  hundred
    44  eleven-a  of  this chapter or in accordance with sections eleven hundred
    45  eleven-b of this chapter as added by sections sixteen of chapters  twen-
    46  ty,  twenty-one,  and  twenty-two of the laws of two thousand nine or in
    47  accordance with section eleven hundred eleven-d of this  chapter  or  in
    48  accordance  with  section  eleven hundred eleven-e of this chapter or an
    49  allegation of liability in accordance with  section  two  thousand  nine
    50  hundred eighty-five of the public authorities law or sections sixteen-a,
    51  sixteen-b  and  sixteen-c  of  chapter seven hundred seventy-four of the
    52  laws of nineteen hundred fifty or an allegation of liability in  accord-
    53  ance  with section eleven hundred eleven-c of this chapter or an allega-
    54  tion of liability in accordance with section eleven hundred eighty-b  of
    55  this  chapter,  or an allegation of liability in accordance with section
    56  eleven hundred eighty-d of this chapter, shall be held before a  hearing

        S. 5223                            15
     1  examiner  in  accordance  with  rules and regulations promulgated by the
     2  bureau.
     3    g. A record shall be made of a hearing on a plea of not guilty or of a
     4  hearing  at  which  liability  in accordance with section eleven hundred
     5  eleven-a of this chapter or 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 is
     9  contested or in accordance with section eleven hundred eleven-e of  this
    10  chapter  is  contested  or of a hearing at which liability in accordance
    11  with section two thousand nine hundred eighty-five of the public author-
    12  ities law or sections sixteen-a,  sixteen-b  and  sixteen-c  of  chapter
    13  seven  hundred  seventy-four  of  the  laws of nineteen hundred fifty is
    14  contested or of a hearing at which liability in accordance with  section
    15  eleven hundred eleven-c of this chapter or of a hearing at which liabil-
    16  ity  in  accordance with section eleven hundred eighty-b of this chapter
    17  or of a hearing at which liability in  accordance  with  section  eleven
    18  hundred  eighty-d of this chapter is contested. Recording devices may be
    19  used for the making of the record.
    20    § 6-a. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
    21  cle and traffic law, as amended by section 6-a of  chapter  222  of  the
    22  laws of 2015, are amended to read as follows:
    23    a. Every hearing for the adjudication of a charge of parking violation
    24  or an allegation of liability in accordance with sections eleven hundred
    25  eleven-b of this chapter, as added by sections sixteen of chapters twen-
    26  ty,  twenty-one,  and  twenty-two of the laws of two thousand nine or in
    27  accordance with section eleven hundred eleven-d of this  chapter  or  in
    28  accordance  with  section  eleven hundred eleven-e of this chapter or an
    29  allegation of  liability  in  accordance  with  section  eleven  hundred
    30  eleven-c  of  this  chapter  or an allegation of liability in accordance
    31  with section eleven hundred eighty-b of this chapter or an allegation of
    32  liability in accordance with section eleven  hundred  eighty-d  of  this
    33  chapter,  shall  be  held  before  a hearing examiner in accordance with
    34  rules and regulations promulgated by the bureau.
    35    g. A record shall be made of a hearing on a plea of not guilty or of a
    36  hearing at which liability in accordance with  sections  eleven  hundred
    37  eleven-b of this chapter, as added by sections sixteen of chapters twen-
    38  ty,  twenty-one,  and  twenty-two of the laws of two thousand nine or in
    39  accordance with section eleven hundred eleven-d of this  chapter  or  in
    40  accordance  with section eleven hundred eleven-e of this chapter or of a
    41  hearing at which liability in accordance  with  section  eleven  hundred
    42  eleven-c  of  this chapter or of a hearing at which liability in accord-
    43  ance with section eleven hundred eighty-b of this chapter or of a  hear-
    44  ing  at which liability in accordance with section eleven hundred eight-
    45  y-d of this chapter is contested. Recording devices may be used for  the
    46  making of the record.
    47    § 6-b. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
    48  cle  and  traffic  law,  as amended by section 6-b of chapter 222 of the
    49  laws of 2015, are amended to read as follows:
    50    a. Every hearing for the adjudication of a charge of parking violation
    51  or an allegation of liability in accordance with section eleven  hundred
    52  eleven-e  of  this  chapter  or an allegation of liability in accordance
    53  with section eleven hundred eleven-d of this chapter or an allegation of
    54  liability in accordance with section eleven  hundred  eleven-c  of  this
    55  chapter  or an allegation of liability in accordance with section eleven
    56  hundred eighty-b of this  chapter  or  an  allegation  of  liability  in

        S. 5223                            16
     1  accordance with section eleven hundred eighty-d of this chapter shall be
     2  held  before a hearing examiner in accordance with rules and regulations
     3  promulgated by the bureau.
     4    g. A record shall be made of a hearing on a plea of not guilty or of a
     5  hearing  at  which  liability  in accordance with section eleven hundred
     6  eleven-e of this chapter or of a hearing at which liability  in  accord-
     7  ance  with section eleven hundred eleven-d of this chapter or of a hear-
     8  ing at  which  liability  in  accordance  with  section  eleven  hundred
     9  eleven-c  of  this chapter or of a hearing at which liability in accord-
    10  ance with section eleven hundred eighty-b of this chapter or of a  hear-
    11  ing  at which liability in accordance with section eleven hundred eight-
    12  y-d of this chapter is contested.  Recording devices may be used for the
    13  making of the record.
    14    § 6-c. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
    15  cle and traffic law, as amended by section 6-c 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  eleven-e of this chapter or an allegation  of  liability  in  accordance
    20  with section eleven hundred eleven-d of this chapter or an allegation of
    21  liability  in  accordance  with  section eleven hundred eighty-b of this
    22  chapter or an allegation of liability in accordance with section  eleven
    23  hundred eighty-d of this chapter shall be held before a hearing examiner
    24  in accordance with rules and regulations promulgated by the bureau.
    25    g. A record shall be made of a hearing on a plea of not guilty or of a
    26  hearing  at  which  liability  in accordance with section eleven hundred
    27  eleven-e of this chapter or of a hearing at which liability  in  accord-
    28  ance  with section eleven hundred eleven-d of this chapter or of a hear-
    29  ing at which liability in accordance with section eleven hundred  eight-
    30  y-b  of  this  chapter  or of a hearing at which liability in accordance
    31  with section eleven hundred  eighty-d  of  this  chapter  is  contested.
    32  Recording devices may be used for the making of the record.
    33    § 6-d. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
    34  cle  and  traffic  law,  as amended by section 6-d of chapter 222 of the
    35  laws of 2015, are amended to read as follows:
    36    a. Every hearing for the adjudication of a charge of parking violation
    37  or an allegation of liability in accordance with section eleven  hundred
    38  eleven-e  of  this  chapter  or an allegation of liability in accordance
    39  with section eleven hundred eleven-d of this chapter or an allegation of
    40  liability in accordance with section eleven  hundred  eighty-d  of  this
    41  chapter shall be held before a hearing examiner in accordance with rules
    42  and regulations promulgated by the bureau.
    43    g.  A  record  shall be made of a hearing on a plea of not guilty or a
    44  hearing at which liability in accordance  with  section  eleven  hundred
    45  eleven-d of this chapter is contested or a hearing at which liability in
    46  accordance  with  section  eleven  hundred eleven-e of this chapter or a
    47  hearing at which liability in accordance  with  section  eleven  hundred
    48  eighty-d of this chapter is contested. Recording devices may be used for
    49  the making of the record.
    50    § 6-e. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
    51  cle  and  traffic  law,  as amended by section 6-e 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  eleven-e  of  this  chapter  or an allegation of liability in accordance
    56  with section eleven hundred eighty-d  of  this  chapter  shall  be  held

        S. 5223                            17
     1  before  a  hearing  examiner  in  accordance  with rules and regulations
     2  promulgated by the bureau.
     3    g.  A  record  shall be made of a hearing on a plea of not guilty or a
     4  hearing at which liability in accordance  with  section  eleven  hundred
     5  eleven-e  of  this chapter or a hearing at which liability in accordance
     6  with section eleven hundred  eighty-d  of  this  chapter  is  contested.
     7  Recording devices may be used for the making of the record.
     8    § 6-f. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
     9  cle  and  traffic  law, as added by chapter 715 of the laws of 1972, are
    10  amended to read as follows:
    11    a. Every hearing for the adjudication of a charge of parking violation
    12  or an allegation of liability in accordance with section eleven  hundred
    13  eighty-d  of  this  chapter  shall  be held before a hearing examiner in
    14  accordance with rules and regulations promulgated by the bureau.
    15    g. A record shall be made of a hearing on a plea of not  guilty  or  a
    16  hearing  at  which  liability  in accordance with section eleven hundred
    17  eighty-d of this chapter.  Recording devices may be used for the  making
    18  of the record.
    19    §  7.  Subdivisions  1 and 2 of section 241 of the vehicle and traffic
    20  law, as amended by section 7 of chapter 222 of the  laws  of  2015,  are
    21  amended to read as follows:
    22    1.  The  hearing  examiner  shall make a determination on the charges,
    23  either sustaining or dismissing them. Where the hearing examiner  deter-
    24  mines  that the charges have been sustained he or she may examine either
    25  the prior  parking  violations  record  or  the  record  of  liabilities
    26  incurred  in  accordance  with  section  eleven hundred eleven-a of this
    27  chapter or in accordance with sections eleven hundred eleven-b  of  this
    28  chapter as added by sections sixteen of chapters twenty, twenty-one, and
    29  twenty-two  of  the  laws  of  two  thousand  nine or in accordance with
    30  section eleven hundred eleven-d of this chapter or  in  accordance  with
    31  section eleven hundred eleven-e of this chapter or the record of liabil-
    32  ities  incurred  in  accordance  with  section two thousand nine hundred
    33  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 of the person charged, or the  record  of
    36  liabilities  incurred in accordance with section eleven hundred eleven-c
    37  of this chapter, or the record of  liabilities  incurred  in  accordance
    38  with  section  eleven hundred eighty-b of this chapter, or in the record
    39  of liabilities incurred in accordance with section eleven hundred eight-
    40  y-d of this chapter of  the  person  charged,  as  applicable  prior  to
    41  rendering  a  final  determination.  Final  determinations sustaining or
    42  dismissing charges shall be entered on a final determination roll  main-
    43  tained  by  the bureau together with records showing payment and nonpay-
    44  ment of penalties.
    45    2. Where an operator or owner fails to enter a plea to a charge  of  a
    46  parking  violation  or  contest an allegation of liability in accordance
    47  with section eleven hundred eleven-a of this chapter  or  in  accordance
    48  with  sections  eleven  hundred  eleven-b  of  this  chapter as added by
    49  sections sixteen of chapters twenty, twenty-one, and twenty-two  of  the
    50  laws  of  two thousand nine or in accordance with section eleven hundred
    51  eleven-d of this chapter or in accordance with  section  eleven  hundred
    52  eleven-e  of this chapter or fails to contest an allegation of liability
    53  in accordance with section two thousand nine hundred eighty-five of  the
    54  public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
    55  chapter  seven  hundred  seventy-four  of  the  laws of nineteen hundred
    56  fifty, or fails to contest an allegation of liability in accordance with

        S. 5223                            18
     1  section eleven hundred eleven-c of this chapter or fails to  contest  an
     2  allegation of liability in accordance with section eleven hundred eight-
     3  y-b  of  this  chapter or fails to contest an allegation of liability in
     4  accordance with section eleven hundred eighty-d of this chapter or fails
     5  to  appear  on a designated hearing date or subsequent adjourned date or
     6  fails after a hearing to comply with  the  determination  of  a  hearing
     7  examiner,  as prescribed by this article or by rule or regulation of the
     8  bureau, such failure to plead or contest,  appear  or  comply  shall  be
     9  deemed, for all purposes, an admission of liability and shall be grounds
    10  for  rendering  and entering a default judgment in an amount provided by
    11  the rules and regulations of the bureau. However, after  the  expiration
    12  of the original date prescribed for entering a plea and before a default
    13  judgment  may be rendered, in such case the bureau shall pursuant to the
    14  applicable provisions of law notify such operator or owner, by such form
    15  of first class mail as the commission may direct; (1) of  the  violation
    16  charged, or liability in accordance with section eleven hundred eleven-a
    17  of  this  chapter or in accordance with sections eleven hundred eleven-b
    18  of this chapter as added by sections sixteen of chapters  twenty,  twen-
    19  ty-one, and twenty-two of the laws of two thousand nine or in accordance
    20  with  section  eleven  hundred eleven-d of this chapter or in accordance
    21  with section eleven hundred eleven-e of this chapter alleged or  liabil-
    22  ity  in accordance with section two thousand nine hundred eighty-five of
    23  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 alleged or liability in  accordance  with  section  eleven
    26  hundred eleven-c of this chapter or liability in accordance with section
    27  eleven hundred eighty-b of this chapter alleged, or liability in accord-
    28  ance  with  section eleven hundred eighty-d of this chapter alleged, (2)
    29  of the impending default  judgment,  (3)  that  such  judgment  will  be
    30  entered  in  the  Civil  Court  of the city in which the bureau has been
    31  established, or other court of civil jurisdiction  or  any  other  place
    32  provided  for the entry of civil judgments within the state of New York,
    33  and (4) that a default may be avoided by entering a plea  or  contesting
    34  an  allegation  of  liability  in accordance with section eleven hundred
    35  eleven-a of this chapter or in accordance with sections  eleven  hundred
    36  eleven-b  of this chapter as added by sections sixteen of chapters twen-
    37  ty, twenty-one, and twenty-two of the laws of two thousand  nine  or  in
    38  accordance  with  section  eleven hundred eleven-d of this chapter or in
    39  accordance with section eleven  hundred  eleven-e  of  this  chapter  or
    40  contesting  an  allegation  of  liability in accordance with section two
    41  thousand nine hundred eighty-five  of  the  public  authorities  law  or
    42  sections  sixteen-a,  sixteen-b  and  sixteen-c of chapter seven hundred
    43  seventy-four of the laws of nineteen  hundred  fifty  or  contesting  an
    44  allegation  of  liability  in  accordance  with  section  eleven hundred
    45  eleven-c of this chapter or contesting an  allegation  of  liability  in
    46  accordance  with  section  eleven  hundred  eighty-b  of this chapter or
    47  contesting an allegation of liability in accordance with section  eleven
    48  hundred  eighty-d  of this chapter, as appropriate, or making an appear-
    49  ance within thirty days of the sending of such notice. Pleas entered and
    50  allegations  contested  within  that  period  shall  be  in  the  manner
    51  prescribed  in  the notice and not subject to additional penalty or fee.
    52  Such notice of impending default judgment shall not be required prior to
    53  the rendering and entry thereof in the case of operators or  owners  who
    54  are  non-residents  of the state of New York. In no case shall a default
    55  judgment be rendered or, where required, a notice of  impending  default
    56  judgment  be  sent, more than two years after the expiration of the time

        S. 5223                            19
     1  prescribed for entering a plea  or  contesting  an  allegation.  When  a
     2  person  has  demanded a hearing, no fine or penalty shall be imposed for
     3  any reason, prior to the holding of the hearing. If the hearing examiner
     4  shall  make  a  determination on the charges, sustaining them, he or she
     5  shall impose no greater penalty or fine than those upon which the person
     6  was originally charged.
     7    § 7-a. Subdivisions 1 and 2 of section 241 of the vehicle and  traffic
     8  law,  as  amended by section 7-a of chapter 222 of the laws of 2015, are
     9  amended to read as follows:
    10    1. The hearing examiner shall make a  determination  on  the  charges,
    11  either  sustaining or dismissing them. Where the hearing examiner deter-
    12  mines that the charges have been sustained he or she may examine  either
    13  the  prior  parking  violations  record  or  the  record  of liabilities
    14  incurred in accordance with sections eleven  hundred  eleven-b  of  this
    15  chapter as added by sections sixteen of chapters twenty, twenty-one, and
    16  twenty-two  of  the  laws  of  two  thousand  nine or in accordance with
    17  section eleven hundred eleven-d of this chapter or  in  accordance  with
    18  section  eleven  hundred eleven-e of this chapter of the person charged,
    19  or the record of liabilities incurred in accordance with section  eleven
    20  hundred  eleven-c of this chapter, or the record of liabilities incurred
    21  in accordance with section eleven hundred eighty-b of this  chapter,  or
    22  the  record  of  liabilities  incurred in accordance with section eleven
    23  hundred eighty-d of this chapter of the person  charged,  as  applicable
    24  prior to rendering a final determination.  Final determinations sustain-
    25  ing or dismissing charges shall be entered on a final determination roll
    26  maintained  by  the  bureau  together  with  records showing payment and
    27  nonpayment of penalties.
    28    2. Where an operator or owner fails to enter a plea to a charge  of  a
    29  parking  violation  or  contest an allegation of liability in accordance
    30  with sections eleven hundred  eleven-b  of  this  chapter  as  added  by
    31  sections  sixteen  of chapters twenty, twenty-one, and twenty-two of the
    32  laws of two thousand nine or in accordance with section  eleven  hundred
    33  eleven-d  of  this chapter, or in accordance with section eleven hundred
    34  eleven-e of this chapter, or fails to contest an allegation of liability
    35  in accordance with section eleven hundred eleven-c of this  chapter,  or
    36  fails  to contest an allegation of liability incurred in accordance with
    37  section eleven hundred eighty-b of this chapter, or fails to contest  an
    38  allegation  of  liability  incurred  in  accordance  with section eleven
    39  hundred eighty-d of this chapter, or fails to  appear  on  a  designated
    40  hearing  date  or  subsequent adjourned date or fails after a hearing to
    41  comply with the determination of a hearing examiner,  as  prescribed  by
    42  this  article  or  by  rule or regulation of the bureau, such failure to
    43  plead, contest, appear or comply shall be deemed, for all  purposes,  an
    44  admission of liability and shall be grounds for rendering and entering a
    45  default  judgment  in an amount provided by the rules and regulations of
    46  the  bureau.  However,  after  the  expiration  of  the  original   date
    47  prescribed  for  entering  a  plea  and before a default judgment may be
    48  rendered, in such case the  bureau  shall  pursuant  to  the  applicable
    49  provisions  of  law notify such operator or owner, by such form of first
    50  class mail as the commission may direct; (1) of the  violation  charged,
    51  or liability in accordance with sections eleven hundred eleven-b of this
    52  chapter,  as  added  by sections sixteen of chapters twenty, twenty-one,
    53  and twenty-two of the laws of two thousand nine or  in  accordance  with
    54  section  eleven  hundred eleven-d of this chapter, or in accordance with
    55  section eleven hundred eleven-e of this chapter, or liability in accord-
    56  ance with section eleven hundred eleven-c of this chapter  or  liability

        S. 5223                            20
     1  in  accordance  with  section  eleven  hundred  eighty-b of this chapter
     2  alleged, or liability in accordance with section eleven hundred eighty-d
     3  of this chapter alleged, (2) of the impending default judgment, (3) that
     4  such  judgment  will  be entered in the Civil Court of the city in which
     5  the bureau has been established, or other court of civil jurisdiction or
     6  any other place provided for the entry of  civil  judgments  within  the
     7  state  of  New York, and (4) that a default may be avoided by entering a
     8  plea or  contesting  an  allegation  of  liability  in  accordance  with
     9  sections  eleven  hundred  eleven-b of this chapter as added by sections
    10  sixteen of chapters twenty, twenty-one, and twenty-two of  the  laws  of
    11  two  thousand nine or in accordance with section eleven hundred eleven-d
    12  of this chapter or in accordance with section eleven hundred eleven-e of
    13  this chapter, or contesting an allegation  of  liability  in  accordance
    14  with  section  eleven  hundred eleven-c of this chapter or contesting an
    15  allegation of liability in accordance with section eleven hundred eight-
    16  y-b of this chapter or contesting an allegation of liability in  accord-
    17  ance  with section eleven hundred eighty-d of this chapter, as appropri-
    18  ate, or making an appearance within thirty days of the sending  of  such
    19  notice. Pleas entered and allegations contested within that period shall
    20  be  in the manner prescribed in the notice and not subject to additional
    21  penalty or fee. Such notice of impending default judgment shall  not  be
    22  required  prior to the rendering and entry thereof in the case of opera-
    23  tors or owners who are non-residents of the state of  New  York.  In  no
    24  case  shall  a default judgment be rendered or, where required, a notice
    25  of impending default judgment be sent, more than  two  years  after  the
    26  expiration  of  the time prescribed for entering a plea or contesting an
    27  allegation. When a person has demanded a hearing,  no  fine  or  penalty
    28  shall be imposed for any reason, prior to the holding of the hearing. If
    29  the hearing examiner shall make a determination on the charges, sustain-
    30  ing  them,  he or she shall impose no greater penalty or fine than those
    31  upon which the person was originally charged.
    32    § 7-b. Subdivisions 1 and 2 of section 241 of the vehicle and  traffic
    33  law,  as  amended by section 7-b of chapter 222 of the laws of 2015, are
    34  amended to read as follows:
    35    1. The hearing examiner shall make a  determination  on  the  charges,
    36  either  sustaining or dismissing them. Where the hearing examiner deter-
    37  mines that the charges have been sustained he or  she  may  examine  the
    38  prior parking violations record or the record of liabilities incurred in
    39  accordance  with  section eleven hundred eleven-e of this chapter of the
    40  person charged, or the record of liabilities incurred in accordance with
    41  section eleven hundred eleven-d of this chapter of the  person  charged,
    42  or  the record of liabilities incurred in accordance with section eleven
    43  hundred eleven-c of this chapter, or the record of liabilities  incurred
    44  in  accordance  with section eleven hundred eighty-b of this chapter, or
    45  the record of liabilities incurred in  accordance  with  section  eleven
    46  hundred  eighty-d  of this chapter of the person charged, as applicable,
    47  prior to rendering a final determination. Final determinations  sustain-
    48  ing or dismissing charges shall be entered on a final determination roll
    49  maintained  by  the  bureau  together  with  records showing payment and
    50  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 eleven-e of  this  chapter,  or  contest  an
    54  allegation  of  liability  in  accordance  with  section  eleven hundred
    55  eleven-d of this chapter, or fails to contest an allegation of liability
    56  in accordance with section eleven hundred eleven-c of this  chapter,  or

        S. 5223                            21
     1  fails  to contest an allegation of liability incurred in accordance with
     2  section eleven hundred eighty-b of this chapter, or fails to contest  an
     3  allegation  of  liability  incurred  in  accordance  with section eleven
     4  hundred  eighty-d  of  this  chapter, or fails to appear on a designated
     5  hearing date or subsequent adjourned date or fails after  a  hearing  to
     6  comply  with  the  determination of a hearing examiner, as prescribed by
     7  this article or by rule or regulation of the  bureau,  such  failure  to
     8  plead,  appear or comply shall be deemed, for all purposes, an admission
     9  of liability and shall be grounds for rendering and entering  a  default
    10  judgment  in  an  amount  provided  by  the rules and regulations of the
    11  bureau. However, after the expiration of the  original  date  prescribed
    12  for  entering  a  plea and before a default judgment may be rendered, in
    13  such case the bureau shall pursuant to the applicable provisions of  law
    14  notify  such  operator or owner, by such form of first class mail as the
    15  commission may direct; (1) of the violation  charged,  or  liability  in
    16  accordance  with  section  eleven  hundred  eleven-e of this chapter, or
    17  liability in accordance with section eleven  hundred  eleven-d  of  this
    18  chapter,  or alleged liability in accordance with section eleven hundred
    19  eleven-c of this chapter or alleged liability in accordance with section
    20  eleven hundred eighty-b of this chapter, or alleged liability in accord-
    21  ance with section eleven hundred eighty-d of this chapter,  (2)  of  the
    22  impending  default  judgment,  (3) that such judgment will be entered in
    23  the Civil Court of the city in which the bureau has been established, or
    24  other court of civil jurisdiction or any other place  provided  for  the
    25  entry  of  civil  judgments within the state of New York, and (4) that a
    26  default may be avoided by entering a plea or contesting an allegation of
    27  liability in accordance with section eleven  hundred  eleven-e  of  this
    28  chapter  or  contesting  an  allegation  of liability in accordance with
    29  section eleven hundred eleven-d of this chapter or contesting an allega-
    30  tion of liability in accordance with section eleven hundred eleven-c  of
    31  this chapter or contesting an allegation of liability in accordance with
    32  section eleven hundred eighty-b of this chapter or contesting an allega-
    33  tion  of liability in accordance with section eleven hundred eighty-d of
    34  this chapter or making an appearance within thirty days of  the  sending
    35  of  such notice. Pleas entered within that period shall be in the manner
    36  prescribed in the notice and not subject to additional penalty  or  fee.
    37  Such notice of impending default judgment shall not be required prior to
    38  the  rendering  and entry thereof in the case of operators or owners who
    39  are non-residents of the state of New York. In no case shall  a  default
    40  judgment  be  rendered or, where required, a notice of impending default
    41  judgment be sent, more than two years after the expiration of  the  time
    42  prescribed  for  entering a plea.  When a person has demanded a hearing,
    43  no fine or penalty shall be imposed for any reason, prior to the holding
    44  of the hearing. If the hearing examiner shall make  a  determination  on
    45  the  charges, sustaining them, he or she shall impose no greater penalty
    46  or fine than those upon which the person was originally charged.
    47    § 7-c. Subdivisions 1 and 2 of section 241 of the vehicle and  traffic
    48  law,  as  amended by section 7-c of chapter 222 of the laws of 2015, are
    49  amended to read as follows:
    50    1. The hearing examiner shall make a  determination  on  the  charges,
    51  either  sustaining or dismissing them. Where the hearing examiner deter-
    52  mines that the charges have been sustained he or she may examine  either
    53  the  prior  parking  violations  record  or  the  record  of liabilities
    54  incurred in accordance with section  eleven  hundred  eleven-d  of  this
    55  chapter  of the person charged, or the record of liabilities incurred in
    56  accordance with section eleven hundred eleven-e of this chapter  of  the

        S. 5223                            22
     1  person  charged or the record of liabilities incurred in accordance with
     2  section eleven hundred eighty-b  of  this  chapter,  or  the  record  of
     3  liabilities  incurred in accordance with section eleven hundred eighty-d
     4  of this chapter of the person charged, as applicable, prior to rendering
     5  a  final  determination.  Final  determinations sustaining or dismissing
     6  charges shall be entered on a final determination roll maintained by the
     7  bureau together with records showing payment and  nonpayment  of  penal-
     8  ties.
     9    2.  Where  an operator or owner fails to enter a plea to a charge of a
    10  parking violation or contest an allegation of  liability  in  accordance
    11  with section eleven hundred eleven-e of this chapter or contest an alle-
    12  gation  of  liability in accordance with section eleven hundred eleven-d
    13  of this chapter or fails to contest an allegation of liability  incurred
    14  in  accordance  with  section eleven hundred eighty-b of this chapter or
    15  fails to contest an allegation of liability incurred in accordance  with
    16  section  eleven hundred eighty-d of this chapter or fails to appear on a
    17  designated hearing date or subsequent adjourned date or  fails  after  a
    18  hearing  to  comply  with  the  determination  of a hearing examiner, as
    19  prescribed by this article or by rule or regulation of the bureau,  such
    20  failure to plead, appear or comply shall be deemed, for all purposes, an
    21  admission of liability and shall be grounds for rendering and entering a
    22  default  judgment  in an amount provided by the rules and regulations of
    23  the  bureau.  However,  after  the  expiration  of  the  original   date
    24  prescribed  for  entering  a  plea  and before a default judgment may be
    25  rendered, in such case the  bureau  shall  pursuant  to  the  applicable
    26  provisions  of  law notify such operator or owner, by such form of first
    27  class mail as the commission may direct; (1) of the violation charged or
    28  liability in accordance with section eleven  hundred  eleven-e  of  this
    29  chapter  or liability in accordance with section eleven hundred eleven-d
    30  of this chapter or liability in accordance with section  eleven  hundred
    31  eighty-b  of  this  chapter  alleged,  or  liability  in accordance with
    32  section eleven hundred eighty-d of this  chapter  alleged,  (2)  of  the
    33  impending  default  judgment,  (3) that such judgment will be entered in
    34  the Civil Court of the city in which the bureau has been established, or
    35  other court of civil jurisdiction or any other place  provided  for  the
    36  entry  of  civil  judgments within the state of New York, and (4) that a
    37  default may be avoided by entering a plea or contesting an allegation of
    38  liability in accordance with section eleven  hundred  eleven-e  of  this
    39  chapter  or  contesting  an  allegation  of liability in accordance with
    40  section eleven hundred eleven-d of this chapter or contesting an allega-
    41  tion of liability in accordance with section eleven hundred eighty-b  of
    42  this chapter or contesting an allegation of liability in accordance with
    43  section  eleven hundred eighty-d of this chapter or making an appearance
    44  within thirty days of the sending of such notice. Pleas  entered  within
    45  that  period  shall  be  in  the manner prescribed in the notice and not
    46  subject to additional penalty or fee. Such notice of  impending  default
    47  judgment  shall not be required prior to the rendering and entry thereof
    48  in the case of operators or owners who are non-residents of the state of
    49  New York. In no case shall a default  judgment  be  rendered  or,  where
    50  required,  a notice of impending default judgment be sent, more than two
    51  years after the expiration of the time prescribed for entering  a  plea.
    52  When  a  person  has  demanded  a  hearing,  no fine or penalty shall be
    53  imposed for any reason, prior to the holding  of  the  hearing.  If  the
    54  hearing  examiner  shall make a determination on the charges, sustaining
    55  them, he shall impose no greater penalty or fine than those  upon  which
    56  the person was originally charged.

        S. 5223                            23
     1    §  7-d. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
     2  law, as amended by section 7-d 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-e of this
     9  chapter of the person charged or the record of liabilities  incurred  in
    10  accordance  with  section eleven hundred eleven-d of this chapter of the
    11  person charged or the record of liabilities incurred in accordance  with
    12  section  eleven  hundred eighty-d of this chapter of the person charged,
    13  as applicable, prior to rendering a final determination.  Final determi-
    14  nations sustaining or dismissing charges shall be  entered  on  a  final
    15  determination  roll maintained by the bureau together with records show-
    16  ing payment and nonpayment of penalties.
    17    2. Where an operator or owner fails to enter a plea to a charge  of  a
    18  parking  violation  or  contest an allegation of liability in accordance
    19  with section eleven hundred eleven-e of this chapter or contest an alle-
    20  gation of liability in accordance with section eleven  hundred  eleven-d
    21  of  this  chapter  or  contest  an  allegation  of liability incurred in
    22  accordance with section eleven hundred eighty-d of this chapter or fails
    23  to appear on a designated hearing date or subsequent adjourned  date  or
    24  fails  after  a  hearing  to  comply with the determination of a hearing
    25  examiner, as prescribed by this article or by rule or regulation of  the
    26  bureau, such failure to plead, appear or comply shall be deemed, for all
    27  purposes,  an  admission of liability and shall be grounds for rendering
    28  and entering a default judgment in an amount provided by the  rules  and
    29  regulations of the bureau. However, after the expiration of the original
    30  date prescribed for entering a plea and before a default judgment may be
    31  rendered,  in  such  case  the  bureau  shall pursuant to the applicable
    32  provisions of law notify such operator or owner, by such form  of  first
    33  class mail as the commission may direct; (1) of the violation charged or
    34  liability  in  accordance  with  section eleven hundred eleven-e of this
    35  chapter alleged or liability in accordance with section  eleven  hundred
    36  eleven-d of this chapter alleged or liability in accordance with section
    37  eleven  hundred  eighty-d  of this chapter alleged, (2) of the impending
    38  default judgment, (3) that such judgment will be entered  in  the  Civil
    39  Court  of  the  city  in which the bureau has been established, or other
    40  court of civil jurisdiction or any other place provided for the entry of
    41  civil judgments within the state of New York, and (4) that a default may
    42  be avoided by entering a plea or contesting an allegation  of  liability
    43  in  accordance  with  section eleven hundred eleven-e of this chapter or
    44  contesting an allegation of liability in accordance with section  eleven
    45  hundred  eleven-d of this chapter or contesting an allegation of liabil-
    46  ity in accordance with section eleven hundred eighty-d of  this  chapter
    47  or  making  an  appearance  within  thirty  days  of the sending of such
    48  notice.   Pleas entered within  that  period  shall  be  in  the  manner
    49  prescribed  in  the notice and not subject to additional penalty or fee.
    50  Such notice of impending default judgment shall not be required prior to
    51  the rendering and entry thereof in the case of operators or  owners  who
    52  are  non-residents  of the state of New York. In no case shall a default
    53  judgment be rendered or, where required, a notice of  impending  default
    54  judgment  be  sent, more than two years after the expiration of the time
    55  prescribed for entering a plea. When a person has demanded a hearing, no
    56  fine or penalty shall be imposed for any reason, prior to the holding of

        S. 5223                            24
     1  the hearing. If the hearing examiner shall make a determination  on  the
     2  charges,  sustaining  them,  he  shall impose no greater penalty or fine
     3  than those upon which the person was originally charged.
     4    §  7-e. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
     5  law, as amended by section 7-e of chapter 222 of the laws of  2015,  are
     6  amended to read as follows:
     7    1.  The  hearing  examiner  shall make a determination on the charges,
     8  either sustaining or dismissing them. Where the hearing examiner  deter-
     9  mines  that  the  charges  have been sustained he or she may examine the
    10  prior parking violations record or the record of liabilities incurred in
    11  accordance with section eleven hundred eleven-e of this chapter  of  the
    12  person  charged or the record of liabilities incurred in accordance with
    13  section eleven hundred eighty-d of this chapter of the  person  charged,
    14  as  applicable, prior to rendering a final determination. Final determi-
    15  nations sustaining or dismissing charges shall be  entered  on  a  final
    16  determination  roll maintained by the bureau together with records show-
    17  ing payment and nonpayment of penalties.
    18    2. Where an operator or owner fails to enter a plea to a charge  of  a
    19  parking  violation  or  contest an allegation of liability in accordance
    20  with section eleven hundred eleven-e of this chapter or contest an alle-
    21  gation of liability incurred in accordance with section  eleven  hundred
    22  eighty-d of this chapter or fails to appear on a designated hearing date
    23  or subsequent adjourned date or fails after a hearing to comply with the
    24  determination of a hearing examiner, as prescribed by this article or by
    25  rule  or  regulation  of  the  bureau,  such failure to plead, appear or
    26  comply shall be deemed, for all purposes, an admission of liability  and
    27  shall  be  grounds  for  rendering and entering a default judgment in an
    28  amount provided by the rules and regulations  of  the  bureau.  However,
    29  after the expiration of the original date prescribed for entering a plea
    30  and  before  a default judgment may be rendered, in such case the bureau
    31  shall pursuant to the applicable provisions of law notify such  operator
    32  or owner, by such form of first class mail as the commission may direct;
    33  (1)  of  the  violation  charged or liability in accordance with section
    34  eleven hundred eleven-e of this chapter alleged or liability in  accord-
    35  ance  with  section eleven hundred eighty-d of this chapter alleged, (2)
    36  of the impending default  judgment,  (3)  that  such  judgment  will  be
    37  entered  in  the  Civil  Court  of the city in which the bureau has been
    38  established, or other court of civil jurisdiction  or  any  other  place
    39  provided  for the entry of civil judgments within the state of New York,
    40  and (4) that a default may be avoided by entering a plea  or  contesting
    41  an  allegation  of  liability  in accordance with section eleven hundred
    42  eleven-e of this chapter or contesting an  allegation  of  liability  in
    43  accordance  with  section  eleven  hundred  eighty-d  of this chapter or
    44  making an appearance within thirty days of the sending of  such  notice.
    45  Pleas  entered  within  that period shall be in the manner prescribed in
    46  the notice and not subject to additional penalty or fee. Such notice  of
    47  impending  default judgment shall not be required prior to the rendering
    48  and entry thereof in the case of operators or owners who  are  non-resi-
    49  dents  of  the state of New York. In no case shall a default judgment be
    50  rendered or, where required, a notice of impending default  judgment  be
    51  sent,  more  than  two years after the expiration of the time prescribed
    52  for entering a plea.  When a person has demanded a hearing, no  fine  or
    53  penalty  shall  be  imposed  for any reason, prior to the holding of the
    54  hearing. If the hearing examiner  shall  make  a  determination  on  the
    55  charges,  sustaining  them,  he  shall impose no greater penalty or fine
    56  than those upon which the person was originally charged.

        S. 5223                            25
     1    § 7-f. Subdivisions 1 and 2 of section 241 of the vehicle and  traffic
     2  law,  subdivision  1  as  added  by chapter 715 of the laws of 1972, and
     3  subdivision 2 as amended by chapter 365 of the laws of 1978, are amended
     4  to read as follows:
     5    1.  The  hearing  examiner  shall make a determination on the charges,
     6  either sustaining or dismissing them. Where the hearing examiner  deter-
     7  mines  that  the  charges  have  been sustained he may examine the prior
     8  parking violations record or  the  record  of  liabilities  incurred  in
     9  accordance  with  section eleven hundred eighty-d of this chapter of the
    10  person charged, as applicable, prior to rendering a final determination.
    11  Final determinations sustaining or dismissing charges shall  be  entered
    12  on  a  final  determination  roll maintained by the bureau together with
    13  records showing payment and nonpayment of penalties.
    14    2. Where an operator or owner fails to enter a plea to a charge  of  a
    15  parking  violation  or  contest  an  allegation of liability incurred in
    16  accordance with section eleven hundred eighty-d of this chapter or fails
    17  to appear on a designated hearing date or subsequent adjourned  date  or
    18  fails  after  a  hearing  to  comply with the determination of a hearing
    19  examiner, as prescribed by this article or by rule or regulation of  the
    20  bureau, such failure to plead, appear or comply shall be deemed, for all
    21  purposes,  an  admission of liability and shall be grounds for rendering
    22  and entering a default judgment in an amount provided by the  rules  and
    23  regulations of the bureau. However, after the expiration of the original
    24  date prescribed for entering a plea and before a default judgment may be
    25  rendered,  in  such  case  the  bureau  shall pursuant to the applicable
    26  provisions of law notify such operator or owner, by such form  of  first
    27  class mail as the commission may direct; (1) of the violation charged or
    28  liability  in  accordance  with  section eleven hundred eighty-d of this
    29  chapter alleged, (2) of the impending default judgment,  (3)  that  such
    30  judgment  will  be  entered  in the Civil Court of the city in which the
    31  bureau has been established, or other court of civil jurisdiction or any
    32  other place provided for the entry of civil judgments within  the  state
    33  of New York, and (4) that a default may be avoided by entering a plea or
    34  contesting  an allegation of liability in accordance with section eleven
    35  hundred eighty-d of this chapter or making an appearance  within  thirty
    36  days  of  the  sending  of such notice. Pleas entered within that period
    37  shall be in the manner prescribed in the notice and not subject to addi-
    38  tional penalty or fee. Such notice of impending default  judgment  shall
    39  not  be required prior to the rendering and entry thereof in the case of
    40  operators or owners who are non-residents of the state of New  York.  In
    41  no  case  shall  a  default  judgment  be rendered or, where required, a
    42  notice of impending default judgment be sent, more than two years  after
    43  the expiration of the time prescribed for entering a plea. When a person
    44  has  demanded  a  hearing,  no  fine or penalty shall be imposed for any
    45  reason, prior to the holding of the hearing.  If  the  hearing  examiner
    46  shall  make  a  determination  on the charges, sustaining them, he shall
    47  impose no greater penalty or fine than those upon which the  person  was
    48  originally charged.
    49    §  8.  The  vehicle and traffic law is amended by adding a new section
    50  1180-d to read as follows:
    51    § 1180-d. Owner liability for  failure  of  operator  to  comply  with
    52  certain  posted  maximum  speed limits. (a) 1. Notwithstanding any other
    53  provision of law, the superintendent of state police is  hereby  author-
    54  ized to establish a demonstration program imposing monetary liability on
    55  the owner of a vehicle for failure of an operator thereof to comply with
    56  posted  maximum  speed  limits  in a highway construction or maintenance

        S. 5223                            26
     1  work area on a state highway (i) when a work  area  speed  limit  is  in
     2  effect  as  provided in subdivision (f) of section eleven hundred eighty
     3  of this article or (ii)  when  other  speed  limits  are  in  effect  as
     4  provided  in  subdivision (b), (c), (d) or (g) of section eleven hundred
     5  eighty of this article. Such demonstration  program  shall  empower  the
     6  superintendent  of state police, in cooperation with the commissioner of
     7  transportation, the commissioner of motor vehicles and the  chairman  of
     8  the  New  York state thruway authority, to install photo speed violation
     9  monitoring systems within highway construction or maintenance work areas
    10  on state highways and to operate such systems within  such  areas  (iii)
    11  when a work area speed limit is in effect as provided in subdivision (f)
    12  of  section  eleven  hundred  eighty  of this article or (iv) when other
    13  speed limits are in effect as provided in subdivision (b), (c),  (d)  or
    14  (g)  of  section  eleven  hundred eighty of this article. In selecting a
    15  highway construction or maintenance work area in which  to  install  and
    16  operate a photo speed violation monitoring system, the superintendent of
    17  state  police  shall consider criteria including, but not limited to the
    18  speed data, crash history, and the roadway geometry applicable  to  such
    19  highway construction or maintenance work area.
    20    2. Notwithstanding any other provision of law, a county, city, town or
    21  village is hereby authorized to establish a demonstration program impos-
    22  ing monetary liability on the owner of a vehicle for failure of an oper-
    23  ator  thereof  to  comply  with posted maximum speed limits in a highway
    24  construction or maintenance work area on local roads within such author-
    25  ized municipality (i) when a work area  speed  limit  is  in  effect  as
    26  provided  in  subdivision  (f)  of section eleven hundred eighty of this
    27  article or (ii) when other speed limits are in  effect  as  provided  in
    28  subdivision  (b),  (c),  (d)  or (g) of section eleven hundred eighty of
    29  this article. Such demonstration program shall  empower  the  authorized
    30  municipality in cooperation with the superintendent of state police, the
    31  commissioner  of  transportation, the commissioner of motor vehicles and
    32  the chairman of the New York state thruway authority, to  install  photo
    33  speed  violation monitoring systems within highway construction or main-
    34  tenance work areas on local roads within such municipality and to  oper-
    35  ate such systems within such areas (iii) when a work area speed limit is
    36  in  effect  as  provided  in  subdivision  (f) of section eleven hundred
    37  eighty of this article or (iv) when other speed limits are in effect  as
    38  provided  in  subdivision (b), (c), (d) or (g) of section eleven hundred
    39  eighty of this article. In selecting a highway construction  or  mainte-
    40  nance  work area in which to install and operate a photo speed violation
    41  monitoring system, the authorized municipality shall  consider  criteria
    42  including,  but  not  limited  to the speed data, crash history, and the
    43  roadway geometry applicable to such highway construction or  maintenance
    44  work area.
    45    3. No photo speed violation monitoring system shall be used in a high-
    46  way construction or maintenance work area unless (i) on the day it is to
    47  be  used  it  has  successfully passed a self-test of its functions; and
    48  (ii) it has undergone an annual calibration check performed pursuant  to
    49  paragraph  five  of this subdivision. The superintendent of state police
    50  or authorized municipality shall install  signs  giving  notice  that  a
    51  photo  speed  violation  monitoring  system  is  in use to be mounted on
    52  advance warning signs notifying motor vehicle operators of such upcoming
    53  highway construction or maintenance work  area  and/or  on  speed  limit
    54  signs  applicable  within  such highway construction or maintenance work
    55  area, in conformance with standards established in the MUTCD.

        S. 5223                            27
     1    4. Operators of photo speed violation monitoring  systems  shall  have
     2  completed  training in the procedures for setting up, testing, and oper-
     3  ating such systems. Each such operator shall complete and sign  a  daily
     4  set-up  log for each such system that he or she operates that (i) states
     5  the  date  and  time when, and the location where, the system was set up
     6  that day, and (ii) states that such operator successfully performed, and
     7  the system passed, the self-tests of  such  system  before  producing  a
     8  recorded  image  that day. The superintendent of state police or author-
     9  ized municipality shall retain each such daily log until  the  later  of
    10  the  date  on which the photo speed violation monitoring system to which
    11  it applies has been permanently removed from use or the final resolution
    12  of all cases involving notices of liability issued based on photographs,
    13  microphotographs, video  or  other  recorded  images  produced  by  such
    14  system.
    15    5. Each photo speed violation monitoring system shall undergo an annu-
    16  al  calibration check performed by an independent calibration laboratory
    17  which shall issue a signed certificate of calibration.  The  superinten-
    18  dent  of  state  police  or authorized municipality shall keep each such
    19  annual certificate of calibration on file until the final resolution  of
    20  all  cases involving a notice of liability issued during such year which
    21  were based on photographs, microphotographs, videotape or other recorded
    22  images produced by such photo speed violation monitoring system.
    23    6. (i) Such demonstration program shall utilize necessary technologies
    24  to ensure, to the  extent  practicable,  that  photographs,  microphoto-
    25  graphs,  videotape or other recorded images produced by such photo speed
    26  violation monitoring systems shall not include images that identify  the
    27  driver, the passengers, or the contents of the vehicle. Provided, howev-
    28  er, that no notice of liability issued pursuant to this section shall be
    29  dismissed  solely  because such a photograph, microphotograph, videotape
    30  or other recorded image allows for the identification of the driver, the
    31  passengers, or the contents of  vehicles  where  the  superintendent  of
    32  state  police  or  authorized municipality shows that reasonable efforts
    33  were made to comply with the provisions of this paragraph in such case.
    34    (ii) Photographs, microphotographs, videotape or  any  other  recorded
    35  image  from  a  photo speed violation monitoring system shall be for the
    36  exclusive use of the superintendent of state police or authorized  muni-
    37  cipality for the purpose of the adjudication of liability imposed pursu-
    38  ant  to  this  section  and of the owner receiving a notice of liability
    39  pursuant to this section, and shall be destroyed by  the  superintendent
    40  of  state police or authorized municipality upon the final resolution of
    41  the notice of liability to  which  such  photographs,  microphotographs,
    42  videotape  or  other  recorded  images relate, or one year following the
    43  date of issuance of  such  notice  of  liability,  whichever  is  later.
    44  Notwithstanding  the  provisions of any other law, rule or regulation to
    45  the contrary, photographs,  microphotographs,  videotape  or  any  other
    46  recorded  image from a photo speed violation monitoring system shall not
    47  be open to the public, nor subject  to  civil  or  criminal  process  or
    48  discovery,  nor used by any court or administrative or adjudicatory body
    49  in any action or proceeding therein except that which is  necessary  for
    50  the  adjudication  of  a  notice  of  liability  issued pursuant to this
    51  section, and no public entity or  employee,  officer  or  agent  thereof
    52  shall disclose such information, except that such photographs, micropho-
    53  tographs, videotape or any other recorded images from such systems:
    54    (A) shall be available for inspection and copying and use by the motor
    55  vehicle  owner and operator for so long as such photographs, microphoto-

        S. 5223                            28
     1  graphs, videotape or other recorded images are required to be maintained
     2  or are maintained by such public entity, employee, officer or agent; and
     3    (B)  (1)  shall be furnished when described in a search warrant issued
     4  by a court authorized to issue such a search warrant pursuant to article
     5  six hundred ninety of the criminal procedure  law  or  a  federal  court
     6  authorized  to issue such a search warrant under federal law, where such
     7  search warrant states that there is reasonable  cause  to  believe  such
     8  information  constitutes  evidence  of,  or tends to demonstrate that, a
     9  misdemeanor or felony offense was committed in  this  state  or  another
    10  state,  or  that a particular person participated in the commission of a
    11  misdemeanor or felony offense in this state or another state,  provided,
    12  however, that if such offense was against the laws of another state, the
    13  court  shall only issue a warrant if the conduct comprising such offense
    14  would, if occurring in this state, constitute a  misdemeanor  or  felony
    15  against the laws of this state; and
    16    (2) shall be furnished in response to a subpoena duces tecum signed by
    17  a  judge  of  competent  jurisdiction and issued pursuant to article six
    18  hundred ten of the criminal procedure law or a judge or magistrate of  a
    19  federal  court  authorized  to  issue  such a subpoena duces tecum under
    20  federal law, where the judge finds and the subpoena states that there is
    21  reasonable cause to believe such information is relevant and material to
    22  the prosecution, or the defense, or the investigation by  an  authorized
    23  law  enforcement official, of the alleged commission of a misdemeanor or
    24  felony in this state or another state, provided, however, that  if  such
    25  offense  was against the laws of another state, such judge or magistrate
    26  shall only issue such subpoena if the conduct  comprising  such  offense
    27  would, if occurring in this state, constitute a misdemeanor or felony in
    28  this state; and
    29    (3)  may,  if lawfully obtained pursuant to this clause and clause (A)
    30  of this subparagraph and otherwise admissible, be used in such  criminal
    31  action or proceeding.
    32    (b)  If  the superintendent of state police or authorized municipality
    33  establishes a demonstration program pursuant to subdivision (a) of  this
    34  section,  the  owner  of a vehicle shall be liable for a penalty imposed
    35  pursuant to this section if such vehicle was used or operated  with  the
    36  permission   of   the  owner,  express  or  implied,  within  a  highway
    37  construction or maintenance work area in violation of subdivision (f) or
    38  in violation of subdivision (b), (c),  (d)  or  (g)  of  section  eleven
    39  hundred eighty of this article, such vehicle was traveling at a speed of
    40  more  than  ten  miles  per  hour above the posted speed limit in effect
    41  within such highway construction or  maintenance  work  area,  and  such
    42  violation  is  evidenced  by  information  obtained  from  a photo speed
    43  violation monitoring system; provided however that no owner of a vehicle
    44  shall be liable for a penalty imposed pursuant to this section where the
    45  operator of such vehicle has been convicted of the underlying  violation
    46  of  subdivision  (b),  (c),  (d),  (f)  or (g) of section eleven hundred
    47  eighty of this article.
    48    (c) For purposes of this section, the following terms shall  have  the
    49  following meanings:
    50    1.  "manual  on uniform traffic control devices" or "MUTCD" shall mean
    51  the manual and specifications for a uniform system  of  traffic  control
    52  devices  maintained  by  the  commissioner of transportation pursuant to
    53  section sixteen hundred eighty of this chapter;
    54    2. "owner" shall have the meaning provided in article  two-B  of  this
    55  chapter;

        S. 5223                            29
     1    3.  "photo  speed  violation  monitoring  system" shall mean a vehicle
     2  sensor installed to work in conjunction with a  speed  measuring  device
     3  which automatically produces two or more photographs, two or more micro-
     4  photographs, a videotape or other recorded images of each vehicle at the
     5  time  it  is  used  or operated in a highway construction or maintenance
     6  work area in violation of subdivision (b),  (c),  (d),  (f)  or  (g)  of
     7  section  eleven  hundred  eighty  of this article in accordance with the
     8  provisions of this section; and
     9    4. "authorized municipality"  shall  mean  a  county,  city,  town  or
    10  village  which  has  established a demonstration program pursuant to the
    11  provisions of paragraph two of subdivision (a) of this section.
    12    (d) A certificate, sworn to or affirmed by a  technician  employed  by
    13  the  division  of  state  police,  or  a  facsimile  thereof, based upon
    14  inspection of photographs, microphotographs, videotape or other recorded
    15  images produced by a photo speed violation monitoring system,  shall  be
    16  prima  facie  evidence  of the facts contained therein. Any photographs,
    17  microphotographs, videotape or other recorded images evidencing  such  a
    18  violation shall include at least two date and time stamped images of the
    19  rear  of  the motor vehicle that include the same stationary object near
    20  the motor vehicle and shall be available for  inspection  reasonably  in
    21  advance  of  and  at any proceeding to adjudicate the liability for such
    22  violation pursuant to this section.
    23    (e) An owner liable for a violation of subdivision (b), (c), (d),  (f)
    24  or  (g)  of  section eleven hundred eighty of this article pursuant to a
    25  demonstration program established pursuant  to  this  section  shall  be
    26  liable for monetary penalties in accordance with a schedule of fines and
    27  penalties  to  be  promulgated  by  the parking violations bureau of the
    28  municipality in which the highway construction or maintenance work  area
    29  is  located.  The  liability of the owner pursuant to this section shall
    30  not exceed fifty dollars for each  violation;  provided,  however,  that
    31  such parking violations bureau may provide for an additional penalty not
    32  in  excess  of twenty-five dollars for each violation for the failure to
    33  respond to a notice of liability within the prescribed time period.
    34    (f) An imposition of liability under the demonstration program  estab-
    35  lished  pursuant  to this section shall not be deemed a conviction as an
    36  operator and shall not be made part  of  the  operating  record  of  the
    37  person  upon  whom  such  liability  is imposed nor shall it be used for
    38  insurance purposes in the provision of motor vehicle insurance coverage.
    39    (g) 1. A notice of liability shall be sent by first class mail to each
    40  person alleged to be liable as an owner for a violation  of  subdivision
    41  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this arti-
    42  cle  pursuant  to  this  section,  within fourteen business days if such
    43  owner is a resident of this state and within forty-five business days if
    44  such owner is a non-resident. Personal delivery on the owner  shall  not
    45  be  required.  A  manual  or automatic record of mailing prepared in the
    46  ordinary course of business shall be prima facie evidence of  the  facts
    47  contained therein.
    48    2.  A  notice  of  liability shall contain the name and address of the
    49  person alleged to be liable as an owner for a violation  of  subdivision
    50  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this arti-
    51  cle  pursuant  to  this  section, the registration number of the vehicle
    52  involved in such violation,  the  location  where  such  violation  took
    53  place, the date and time of such violation, the identification number of
    54  the  camera  which  recorded  the  violation  or  other document locator
    55  number, at least two date and time stamped images of  the  rear  of  the

        S. 5223                            30
     1  motor  vehicle  that  include  the same stationary object near the motor
     2  vehicle, and the certificate charging the liability.
     3    3.  The  notice  of  liability  shall contain information advising the
     4  person charged of the manner and the time in which he or she may contest
     5  the liability alleged in the notice. Such notice of liability shall also
     6  contain a prominent warning to advise the person charged that failure to
     7  contest in the manner and time provided shall be deemed an admission  of
     8  liability and that a default judgment may be entered thereon.
     9    4.  The  notice of liability shall be prepared and mailed by the divi-
    10  sion of state police or authorized municipality, or by any other  entity
    11  authorized  by  the superintendent of state police or authorized munici-
    12  pality to prepare and mail such notice of liability.
    13    (h) Adjudication of the liability imposed upon owners of this  section
    14  shall  be  by the parking violations bureau of the municipality in which
    15  the highway construction or maintenance work area is located.
    16    (i) If an owner receives  a  notice  of  liability  pursuant  to  this
    17  section for any time period during which the vehicle or the number plate
    18  or  plates  of  such  vehicle  was  reported to the police department as
    19  having been stolen, it shall be a valid  defense  to  an  allegation  of
    20  liability  for  a  violation of subdivision (b), (c), (d), (f) or (g) of
    21  section eleven hundred eighty of this article pursuant to  this  section
    22  that  the vehicle or the number plate or plates of such vehicle had been
    23  reported to the police  as  stolen  prior  to  the  time  the  violation
    24  occurred  and  had  not  been  recovered  by  such time. For purposes of
    25  asserting the defense provided by this subdivision, it shall  be  suffi-
    26  cient  that  a certified copy of the police report on the stolen vehicle
    27  or number plate or plates of such vehicle be sent by first class mail to
    28  the parking violations bureau of the municipality in which  the  highway
    29  construction  or maintenance work area is located or by any other entity
    30  authorized by the superintendent of state police or  authorized  munici-
    31  pality to prepare and mail such notice of liability.
    32    (j)  1.  An  owner  who  is a lessor of a vehicle to which a notice of
    33  liability was issued pursuant to subdivision (g) of this  section  shall
    34  not be liable for the violation of subdivision (b), (c), (d), (f) or (g)
    35  of  section  eleven  hundred  eighty  of  this  article pursuant to this
    36  section, provided that:
    37    (i) prior to the violation, the lessor has  filed  with  such  parking
    38  violations  bureau  in  accordance  with  the  provisions of section two
    39  hundred thirty-nine of this chapter; and
    40    (ii) within thirty-seven days after receiving notice from  such  divi-
    41  sion of the date and time of a liability, together with the other infor-
    42  mation contained in the original notice of liability, the lessor submits
    43  to such division the correct name and address of the lessee of the vehi-
    44  cle identified in the notice of liability at the time of such violation,
    45  together with such other additional information contained in the rental,
    46  lease  or other contract document, as may be reasonably required by such
    47  division pursuant to  regulations  that  may  be  promulgated  for  such
    48  purpose.
    49    2.  Failure  to comply with subparagraph (ii) of paragraph one of this
    50  subdivision shall render the owner liable for the penalty prescribed  in
    51  this section.
    52    3.  Where  the lessor complies with the provisions of paragraph one of
    53  this subdivision, the lessee  of  such  vehicle  on  the  date  of  such
    54  violation  shall  be deemed to be the owner of such vehicle for purposes
    55  of this section, shall be subject to liability for such violation pursu-

        S. 5223                            31
     1  ant to this section and shall be sent a notice of liability pursuant  to
     2  subdivision (i) of this section.
     3    (k)  1.  If the owner liable for a violation of subdivision (c) or (d)
     4  of section eleven hundred  eighty  of  this  article  pursuant  to  this
     5  section  was  not  the  operator  of  the  vehicle  at  the  time of the
     6  violation, the owner may maintain an action for indemnification  against
     7  the operator.
     8    2.  Notwithstanding any other provision of this section, no owner of a
     9  vehicle shall be subject to a monetary fine  imposed  pursuant  to  this
    10  section if the operator of such vehicle was operating such vehicle with-
    11  out  the  consent  of  the owner at the time such operator operated such
    12  vehicle in violation of subdivision (b), (c), (d), (f) or (g) of section
    13  eleven hundred eighty of this article. For purposes of this  subdivision
    14  there shall be a presumption that the operator of such vehicle was oper-
    15  ating  such  vehicle  with  the consent of the owner at the time of such
    16  operator operated such vehicle in violation  of  subdivision  (b),  (c),
    17  (d), (f) or (g) of section eleven hundred eighty of this article.
    18    (l)  Nothing in this section shall be construed to limit the liability
    19  of an operator of a vehicle for any violation of subdivision (c) or  (d)
    20  of section eleven hundred eighty of this article.
    21    (m)  If  the superintendent of state police or authorized municipality
    22  adopts a demonstration program  pursuant  to  subdivision  (a)  of  this
    23  section  such  superintendent or authorized municipality shall conduct a
    24  study and submit a report on the results of the use of photo devices  to
    25  the  governor,  the temporary president of the senate and the speaker of
    26  the assembly. Such report shall include:
    27    1. the locations where and dates when photo speed violation monitoring
    28  systems were used;
    29    2. the aggregate number, type and  severity  of  crashes,  fatalities,
    30  injuries and property damage reported within all highway construction or
    31  maintenance  work  areas within the state or municipality, to the extent
    32  the information is maintained by the department  of  motor  vehicles  of
    33  this state;
    34    3.  the  aggregate  number,  type and severity of crashes, fatalities,
    35  injuries and property damage reported  within  highway  construction  or
    36  maintenance  work  areas  where photo speed violation monitoring systems
    37  were used, to the extent the information is maintained by the department
    38  of motor vehicles of this state;
    39    4. the number of violations recorded within all  highway  construction
    40  or  maintenance  work  areas  within  the  state or municipality, in the
    41  aggregate on a daily, weekly and monthly basis;
    42    5. the number of violations recorded within each highway  construction
    43  or maintenance work area where a photo speed violation monitoring system
    44  is used, in the aggregate on a daily, weekly and monthly basis;
    45    6.  the  number of violations recorded within all highway construction
    46  or maintenance work areas within the state or municipality that were:
    47    (i) more than ten but not more than twenty miles  per  hour  over  the
    48  posted speed limit;
    49    (ii) more than twenty but not more than thirty miles per hour over the
    50  posted speed limit;
    51    (iii) more than thirty but not more than forty miles per hour over the
    52  posted speed limit; and
    53    (iv) more than forty miles per hour over the posted speed limit;
    54    7.  the number of violations recorded within each highway construction
    55  or maintenance work area where a photo speed violation monitoring system
    56  is used that were:

        S. 5223                            32
     1    (i) more than ten but not more than twenty miles  per  hour  over  the
     2  posted speed limit;
     3    (ii) more than twenty but not more than thirty miles per hour over the
     4  posted speed limit;
     5    (iii) more than thirty but not more than forty miles per hour over the
     6  posted speed limit; and
     7    (iv) more than forty miles per hour over the posted speed limit;
     8    8.  the  total  number  of  notices of liability issued for violations
     9  recorded by such systems;
    10    9. the number of fines and total amount of fines paid after the  first
    11  notice of liability issued for violations recorded by such systems;
    12    10. the number of violations adjudicated and the results of such adju-
    13  dications  including  breakdowns  of  dispositions  made  for violations
    14  recorded by such systems;
    15    11. the total amount of revenue realized by the state or  municipality
    16  in connection with the program;
    17    12.  the  expenses incurred by the division of state police or author-
    18  ized municipality in connection with the program; and
    19    13. the quality of the adjudication process and its results.
    20    (n) It shall be a defense to any prosecution for a violation of subdi-
    21  vision (b), (c), (d), (f) or (g) of section  eleven  hundred  eighty  of
    22  this  article  pursuant  to this section that such photo speed violation
    23  monitoring  system  was  malfunctioning  at  the  time  of  the  alleged
    24  violation.
    25    §  9.  The  opening  paragraph  and  paragraph (c) of subdivision 1 of
    26  section 1809 of the vehicle and traffic law, as amended by section 10 of
    27  chapter 222 of the laws of 2015, are amended to read as follows:
    28    Whenever proceedings in an administrative tribunal or a court of  this
    29  state  result  in  a  conviction  for an offense under this chapter or a
    30  traffic infraction under this chapter, or a local law,  ordinance,  rule
    31  or  regulation  adopted  pursuant  to this chapter, other than a traffic
    32  infraction involving standing, stopping, or  parking  or  violations  by
    33  pedestrians or bicyclists, or other than an adjudication of liability of
    34  an  owner  for  a violation of subdivision (d) of section eleven hundred
    35  eleven of  this  chapter  in  accordance  with  section  eleven  hundred
    36  eleven-a  of this chapter, or other than an adjudication of liability of
    37  an owner for a violation of subdivision (d) of  section  eleven  hundred
    38  eleven  of  this  chapter  in  accordance  with  section  eleven hundred
    39  eleven-b of this chapter, or other than an  adjudication  in  accordance
    40  with  section eleven hundred eleven-c of this chapter for a violation of
    41  a bus lane restriction as defined in such  section,  or  other  than  an
    42  adjudication of liability of an owner for a violation of subdivision (d)
    43  of  section  eleven  hundred  eleven  of this chapter in accordance with
    44  section eleven hundred eleven-d of this chapter, or other than an  adju-
    45  dication  of  liability  of an owner for a violation of subdivision (b),
    46  (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in
    47  accordance with section eleven hundred  eighty-b  of  this  chapter,  or
    48  other  than  an adjudication of liability of an owner for a violation of
    49  subdivision (b), (c), (d), (f) or (g) of section eleven  hundred  eighty
    50  of  this  chapter  in accordance with section eleven hundred eighty-c of
    51  this chapter, or other than an adjudication of liability of an owner for
    52  a violation of subdivision (d) of section eleven hundred eleven of  this
    53  chapter in accordance with section eleven hundred eleven-e of this chap-
    54  ter,  or  other  than  an  adjudication  of  liability of an owner for a
    55  violation of subdivision (b), (c), (d), (f) or  (g)  of  section  eleven
    56  hundred eighty of this chapter in accordance with section eleven hundred

        S. 5223                            33
     1  eighty-d  of  this chapter, there shall be levied a crime victim assist-
     2  ance fee and a mandatory surcharge, in addition to any sentence required
     3  or permitted by law, in accordance with the following schedule:
     4    (c)  Whenever  proceedings in an administrative tribunal or a court of
     5  this state result in a conviction for  an  offense  under  this  chapter
     6  other than a crime pursuant to section eleven hundred ninety-two of this
     7  chapter,  or  a  traffic  infraction under this chapter, or a local law,
     8  ordinance, rule or regulation adopted pursuant to  this  chapter,  other
     9  than  a  traffic  infraction involving standing, stopping, or parking or
    10  violations by pedestrians or bicyclists, or other than  an  adjudication
    11  of  liability  of an owner for a violation of subdivision (d) of section
    12  eleven hundred eleven of this chapter in accordance with section  eleven
    13  hundred  eleven-a  of  this  chapter,  or  other than an adjudication of
    14  liability of an owner for a violation  of  subdivision  (d)  of  section
    15  eleven  hundred eleven of this chapter in accordance with section eleven
    16  hundred eleven-b of this chapter,  or  other  than  an  adjudication  of
    17  liability  of  an  owner  for  a violation of subdivision (d) of section
    18  eleven hundred eleven of this chapter in accordance with section  eleven
    19  hundred  eleven-d  of this chapter, or other than an infraction pursuant
    20  to article nine of this chapter or other than an adjudication of liabil-
    21  ity of an owner for a violation of toll collection regulations  pursuant
    22  to  section two thousand nine hundred eighty-five of the public authori-
    23  ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
    24  hundred seventy-four of the laws of nineteen hundred fifty or other than
    25  an adjudication in accordance with section eleven  hundred  eleven-c  of
    26  this  chapter  for  a  violation of a bus lane restriction as defined in
    27  such section, or other than an adjudication of liability of an owner for
    28  a violation of subdivision (b), (c), (d), (f) or (g) of  section  eleven
    29  hundred eighty of this chapter in accordance with section eleven hundred
    30  eighty-b  of this chapter, or other than an adjudication of liability of
    31  an owner for a violation of subdivision (b), (c), (d),  (f)  or  (g)  of
    32  section eleven hundred eighty of this chapter in accordance with section
    33  eleven  hundred  eighty-c of this chapter, or other than an adjudication
    34  of liability of an owner for a violation of subdivision (d)  of  section
    35  eleven  hundred eleven of this chapter in accordance with section eleven
    36  hundred eleven-e of this chapter,  or  other  than  an  adjudication  of
    37  liability  of an owner for a violation of subdivision (b), (c), (d), (f)
    38  or (g) of section eleven hundred eighty of this  chapter  in  accordance
    39  with  section  eleven  hundred  eighty-d of this chapter, there shall be
    40  levied a crime victim assistance fee in the amount of five dollars and a
    41  mandatory surcharge, in addition to any sentence required  or  permitted
    42  by law, in the amount of fifty-five dollars.
    43    §  9-a.  Subdivision 1 of section 1809 of the vehicle and traffic law,
    44  as amended by section 10-a of chapter  222  of  the  laws  of  2015,  is
    45  amended to read as follows:
    46    1.  Whenever  proceedings  in an administrative tribunal or a court of
    47  this state result in a conviction for a crime under this  chapter  or  a
    48  traffic  infraction  under this chapter, or a local law, ordinance, rule
    49  or regulation adopted pursuant to this chapter,  other  than  a  traffic
    50  infraction involving standing, stopping, parking or motor vehicle equip-
    51  ment  or violations by pedestrians or bicyclists, or other than an adju-
    52  dication of liability of an owner for a violation of subdivision (d)  of
    53  section eleven hundred eleven of this chapter in accordance with section
    54  eleven  hundred  eleven-a of this chapter, or other than an adjudication
    55  of liability of an owner for a violation of subdivision (d)  of  section
    56  eleven  hundred eleven of this chapter in accordance with section eleven

        S. 5223                            34
     1  hundred eleven-b of this chapter,  or  other  than  an  adjudication  in
     2  accordance  with  section  eleven hundred eleven-c of this chapter for a
     3  violation of a bus lane restriction as defined in such section, or other
     4  than  an adjudication of liability of an owner for a violation of subdi-
     5  vision (d) of section eleven hundred eleven of this chapter  in  accord-
     6  ance with section eleven hundred eleven-d of this chapter, or other than
     7  an  adjudication of liability of an owner for a violation of subdivision
     8  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
     9  ter in accordance with section eleven hundred eighty-b of this  chapter,
    10  or  other  than an adjudication of liability of an owner for a violation
    11  of subdivision (b), (c), (d), (f)  or  (g)  of  section  eleven  hundred
    12  eighty  of this chapter in accordance with section eleven hundred eight-
    13  y-c of this chapter, or other than an adjudication of  liability  of  an
    14  owner  for  a  violation  of  subdivision  (b),  (c), (d), (f) or (g) of
    15  section eleven hundred eighty of this chapter in accordance with section
    16  eleven hundred eighty-d of this chapter, or other than  an  adjudication
    17  of  liability  of an owner for a violation of subdivision (d) of section
    18  eleven hundred eleven of this chapter in accordance with section  eleven
    19  hundred  eleven-e  of  this  chapter,  there shall be levied a mandatory
    20  surcharge, in addition to any sentence required or permitted by law,  in
    21  the amount of twenty-five dollars.
    22    §  9-b.  Subdivision 1 of section 1809 of the vehicle and traffic law,
    23  as amended by section 10-b of chapter  222  of  the  laws  of  2015,  is
    24  amended to read as follows:
    25    1.  Whenever  proceedings  in an administrative tribunal or a court of
    26  this state result in a conviction for a crime under this  chapter  or  a
    27  traffic  infraction  under  this chapter other than a traffic infraction
    28  involving standing, stopping, parking  or  motor  vehicle  equipment  or
    29  violations  by  pedestrians or bicyclists, or other than an adjudication
    30  in accordance with section eleven hundred eleven-c of this chapter for a
    31  violation of a bus lane restriction as defined in such section, or other
    32  than an adjudication of liability of an owner for a violation of  subdi-
    33  vision  (d)  of section eleven hundred eleven of this chapter in accord-
    34  ance with section eleven hundred eleven-d of this chapter, or other than
    35  an adjudication of liability of an owner for a violation of  subdivision
    36  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    37  ter  in accordance with section eleven hundred eighty-b of this chapter,
    38  or other than an adjudication of liability of an owner for  a  violation
    39  of  subdivision  (b),  (c),  (d),  (f)  or (g) of section eleven hundred
    40  eighty of this chapter in accordance with section eleven hundred  eight-
    41  y-c  of  this  chapter, or other than an adjudication of liability of an
    42  owner for a violation of subdivision  (b),  (c),  (d),  (f)  or  (g)  of
    43  section eleven hundred eighty of this chapter in accordance with section
    44  eleven  hundred  eighty-d 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-e of this chapter, there  shall  be  levied  a  mandatory
    48  surcharge,  in addition to any sentence required or permitted by law, in
    49  the amount of seventeen dollars.
    50    § 9-c. Subdivision 1 of section 1809 of the vehicle and  traffic  law,
    51  as  amended  by  section  10-c  of  chapter  222 of the laws of 2015, is
    52  amended to read as follows:
    53    1. Whenever proceedings in an administrative tribunal or  a  court  of
    54  this  state  result  in a conviction for a crime under this chapter or a
    55  traffic infraction under this chapter other than  a  traffic  infraction
    56  involving  standing,  stopping,  parking  or  motor vehicle equipment or

        S. 5223                            35
     1  violations by pedestrians or bicyclists, or other than  an  adjudication
     2  of  liability  of an owner for a violation of subdivision (b), (c), (d),
     3  (f) or (g) of section eleven hundred eighty of this chapter  in  accord-
     4  ance with section eleven hundred eighty-b of this chapter, or other than
     5  an  adjudication of liability of an owner for a violation of subdivision
     6  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
     7  ter in accordance with section eleven hundred eighty-c of this  chapter,
     8  or  other  than an adjudication of liability of an owner for a violation
     9  of subdivision (b), (c), (d), (f)  or  (g)  of  section  eleven  hundred
    10  eighty  of this chapter in accordance with section eleven hundred eight-
    11  y-d of this chapter, or other than an adjudication of  liability  of  an
    12  owner for a violation of subdivision (d) of section eleven hundred elev-
    13  en of this chapter in accordance with section eleven hundred eleven-d of
    14  this chapter, or other than an adjudication of liability of an owner for
    15  a  violation of subdivision (d) of section eleven hundred eleven of this
    16  chapter in accordance with section eleven hundred eleven-e of this chap-
    17  ter, there shall be levied a mandatory surcharge,  in  addition  to  any
    18  sentence  required  or  permitted  by  law,  in  the amount of seventeen
    19  dollars.
    20    § 9-d. Subdivision 1 of section 1809 of the vehicle and  traffic  law,
    21  as  amended  by  section  10-d  of  chapter  222 of the laws of 2015, is
    22  amended to read as follows:
    23    1. Whenever proceedings in an administrative tribunal or  a  court  of
    24  this  state  result  in a conviction for a crime under this chapter or a
    25  traffic infraction under this chapter other than  a  traffic  infraction
    26  involving  standing,  stopping,  parking  or  motor vehicle equipment or
    27  violations by pedestrians or bicyclists, or other than  an  adjudication
    28  of  liability  of an owner for a violation of subdivision (b), (c), (d),
    29  (f) or (g) of section eleven hundred eighty of this chapter  in  accord-
    30  ance with section eleven hundred eighty-c of this chapter, or other than
    31  an  adjudication of liability of an owner for a violation of subdivision
    32  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    33  ter in accordance with section eleven hundred eighty-d of this  chapter,
    34  or  other  than an adjudication of liability of an owner for a violation
    35  of subdivision (d) of section eleven hundred eleven of this  chapter  in
    36  accordance  with  section  eleven  hundred  eleven-d of this chapter, or
    37  other than an adjudication of liability of an owner for a  violation  of
    38  subdivision  (d)  of  section  eleven  hundred eleven of this chapter in
    39  accordance with section eleven hundred eleven-e of this  chapter,  there
    40  shall  be  levied  a  mandatory  surcharge,  in addition to any sentence
    41  required or permitted by law, in the amount of seventeen dollars.
    42    § 9-e. Subdivision 1 of section 1809 of the vehicle and  traffic  law,
    43  as  amended  by  section  10-e  of  chapter  222 of the laws of 2015, is
    44  amended to read as follows:
    45    1. Whenever proceedings in an administrative tribunal or  a  court  of
    46  this  state  result  in a conviction for a crime under this chapter or a
    47  traffic infraction under this chapter other than  a  traffic  infraction
    48  involving  standing,  stopping,  parking  or  motor vehicle equipment or
    49  violations by pedestrians or bicyclists, or other than  an  adjudication
    50  of  liability  of an owner for a violation of subdivision (b), (c), (d),
    51  (f) or (g) of section eleven hundred eighty of this chapter  in  accord-
    52  ance with section eleven hundred eighty-d of this chapter, or other than
    53  an  adjudication of liability of an owner for a violation of subdivision
    54  (d) of section eleven hundred eleven of this chapter in accordance  with
    55  section  eleven hundred eleven-d of this chapter, or other than an adju-
    56  dication of liability of an owner for a violation of subdivision (d)  of

        S. 5223                            36
     1  section eleven hundred eleven of this chapter in accordance with section
     2  eleven  hundred eleven-e of this chapter, there shall be levied a manda-
     3  tory surcharge, in addition to any sentence  required  or  permitted  by
     4  law, in the amount of seventeen dollars.
     5    §  9-f.  Subdivision 1 of section 1809 of the vehicle and traffic law,
     6  as amended by section 10-f of chapter  222  of  the  laws  of  2015,  is
     7  amended to read as follows:
     8    1.  Whenever  proceedings  in an administrative tribunal or a court of
     9  this state result in a conviction for a crime under this  chapter  or  a
    10  traffic  infraction  under  this chapter other than a traffic infraction
    11  involving standing, stopping, parking  or  motor  vehicle  equipment  or
    12  violations  by  pedestrians or bicyclists, or other than an adjudication
    13  of liability of an owner for a violation of subdivision (b),  (c),  (d),
    14  (f)  or  (g) of section eleven hundred eighty of this chapter in accord-
    15  ance with section eleven hundred eighty-d of this chapter, or other than
    16  an adjudication of liability of an owner for a violation of  subdivision
    17  (d)  of section eleven hundred eleven of this chapter in accordance with
    18  section eleven hundred eleven-e of this chapter, there shall be levied a
    19  mandatory surcharge, in addition to any sentence required  or  permitted
    20  by law, in the amount of seventeen dollars.
    21    §  9-g.  Subdivision 1 of section 1809 of the vehicle and traffic law,
    22  as separately amended by chapter 16 of the laws of 1983 and  chapter  62
    23  of the laws of 1989, is amended to read as follows:
    24    1.  Whenever  proceedings  in an administrative tribunal or a court of
    25  this state result in a conviction for a crime under this  chapter  or  a
    26  traffic  infraction  under  this chapter other than a traffic infraction
    27  involving standing, stopping, parking  or  motor  vehicle  equipment  or
    28  violations  by  pedestrians or bicyclists, or other than an adjudication
    29  of liability of an owner for a violation of subdivision (b),  (c),  (d),
    30  (f)  or  (g) of section eleven hundred eighty of this chapter in accord-
    31  ance with section eleven hundred eighty-d of this chapter,  there  shall
    32  be levied a mandatory surcharge, in addition to any sentence required or
    33  permitted by law, in the amount of seventeen dollars.
    34    §  10.  Paragraph  a of subdivision 1 of section 1809-e of the vehicle
    35  and traffic law, as amended by section 11 of chapter 222 of the laws  of
    36  2015, is amended to read as follows:
    37    a. Notwithstanding any other provision of law, whenever proceedings in
    38  a  court  or  an  administrative  tribunal  of  this  state  result in a
    39  conviction for an offense under this chapter, except a conviction pursu-
    40  ant to section eleven hundred ninety-two of this chapter, or for a traf-
    41  fic infraction under this chapter, or a local law,  ordinance,  rule  or
    42  regulation adopted pursuant to this chapter, except a traffic infraction
    43  involving standing, stopping, or parking or violations by pedestrians or
    44  bicyclists,  and  except  an adjudication of liability of an owner for a
    45  violation of subdivision (d) of section eleven hundred  eleven  of  this
    46  chapter in accordance with section eleven hundred eleven-a of this chap-
    47  ter  or in accordance with section eleven hundred eleven-d of this chap-
    48  ter, or in accordance with section eleven hundred eleven-e of this chap-
    49  ter, and except an adjudication of liability of an owner for a violation
    50  of subdivision (d) of section eleven hundred eleven of this  chapter  in
    51  accordance  with  section  eleven  hundred eleven-b of this chapter, and
    52  except  an  adjudication  in  accordance  with  section  eleven  hundred
    53  eleven-c  of  this  chapter  of a violation of a bus lane restriction as
    54  defined in such section, and except an adjudication of liability  of  an
    55  owner  for  a  violation  of  subdivision  (b),  (c), (d), (f) or (g) of
    56  section eleven hundred eighty of this chapter in accordance with section

        S. 5223                            37
     1  eleven hundred eighty-b of this chapter, and except an  adjudication  of
     2  liability  of an owner for a violation of subdivision (b), (c), (d), (f)
     3  or (g) of section eleven hundred eighty of this  chapter  in  accordance
     4  with  section  eleven  hundred  eighty-c  of this chapter, and except an
     5  adjudication of liability of an owner for a violation of toll collection
     6  regulations pursuant to section two thousand nine hundred eighty-five of
     7  the  public  authorities  law  or  sections  sixteen-a,  sixteen-b   and
     8  sixteen-c  of chapter seven hundred seventy-four of the laws of nineteen
     9  hundred fifty, or other than an adjudication of liability  of  an  owner
    10  for  a  violation  of  subdivision  (b), (c), (d), (f) or (g) of section
    11  eleven hundred eighty of this chapter in accordance with section  eleven
    12  hundred  eighty-d  of this chapter, there shall be levied in addition to
    13  any sentence, penalty or other surcharge required or permitted  by  law,
    14  an additional surcharge of twenty-eight dollars.
    15    §  10-a. Paragraph a of subdivision 1 of section 1809-e of the vehicle
    16  and traffic law, as amended by section 11-a of chapter 222 of  the  laws
    17  of 2015, is amended to read as follows:
    18    a. Notwithstanding any other provision of law, whenever proceedings in
    19  a  court  or  an  administrative  tribunal  of  this  state  result in a
    20  conviction for an offense under this chapter, except a conviction pursu-
    21  ant to section eleven hundred ninety-two of this chapter, or for a traf-
    22  fic infraction under this chapter, or a local law,  ordinance,  rule  or
    23  regulation adopted pursuant to this chapter, except a traffic infraction
    24  involving standing, stopping, or parking or violations by pedestrians or
    25  bicyclists,  and  except  an adjudication of liability of an owner for a
    26  violation of subdivision (d) of section eleven hundred  eleven  of  this
    27  chapter in accordance with section eleven hundred eleven-a of this chap-
    28  ter  or in accordance with section eleven hundred eleven-d of this chap-
    29  ter or in accordance with section eleven hundred eleven-e of this  chap-
    30  ter,  and  except  an  adjudication  in  accordance  with section eleven
    31  hundred  eleven-c  of  this  chapter  of  a  violation  of  a  bus  lane
    32  restriction  as  defined  in such section, and except an adjudication of
    33  liability of an owner for a violation of subdivision (b), (c), (d),  (f)
    34  or  (g)  of  section eleven hundred eighty of this chapter in accordance
    35  with section eleven hundred eighty-b of  this  chapter,  and  except  an
    36  adjudication  of  liability  of  an owner for a violation of subdivision
    37  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    38  ter in accordance with section eleven hundred eighty-c of this  chapter,
    39  and  except  an adjudication of liability of an owner for a violation of
    40  subdivision (b), (c), (d), (f) or (g) of section eleven  hundred  eighty
    41  of  this  chapter  in accordance with section eleven hundred eighty-d of
    42  this chapter, and except an adjudication of liability of an owner for  a
    43  violation  of  toll collection regulations pursuant to section two thou-
    44  sand nine hundred eighty-five of the public authorities law or  sections
    45  sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
    46  of the laws of nineteen hundred fifty, there shall be levied in addition
    47  to  any  sentence,  penalty  or other surcharge required or permitted by
    48  law, an additional surcharge of twenty-eight dollars.
    49    § 10-b. Paragraph a of subdivision 1 of section 1809-e of the  vehicle
    50  and  traffic  law, as amended by section 11-b of chapter 222 of the laws
    51  of 2015, is amended to read as follows:
    52    a. Notwithstanding any other provision of law, whenever proceedings in
    53  a court or  an  administrative  tribunal  of  this  state  result  in  a
    54  conviction for an offense under this chapter, except a conviction pursu-
    55  ant to section eleven hundred ninety-two of this chapter, or for a traf-
    56  fic  infraction  under  this chapter, or a local law, ordinance, rule or

        S. 5223                            38
     1  regulation adopted pursuant to this chapter, except a traffic infraction
     2  involving standing, stopping, or parking or violations by pedestrians or
     3  bicyclists, and except an adjudication of liability of an  owner  for  a
     4  violation  of  subdivision  (d) of section eleven hundred eleven of this
     5  chapter in accordance with section eleven hundred eleven-a of this chap-
     6  ter or in accordance with section eleven hundred eleven-d of this  chap-
     7  ter  or in accordance with section eleven hundred eleven-e of this chap-
     8  ter, and except an adjudication of liability of an owner for a violation
     9  of subdivision (b), (c), (d), (f)  or  (g)  of  section  eleven  hundred
    10  eighty  of this chapter in accordance with section eleven hundred eight-
    11  y-b of this chapter, and except an adjudication of liability of an owner
    12  for a violation of subdivision (b), (c), (d),  (f)  or  (g)  of  section
    13  eleven  hundred eighty of this chapter in accordance with section eleven
    14  hundred eighty-c of this chapter, and except an adjudication of  liabil-
    15  ity of an owner for a violation of subdivision (b), (c), (d), (f) or (g)
    16  of  section  eleven  hundred  eighty  of this chapter in accordance with
    17  section eleven hundred eighty-d of this chapter, and except  an  adjudi-
    18  cation of liability of an owner for a violation of toll collection regu-
    19  lations pursuant to section two thousand nine hundred eighty-five of the
    20  public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
    21  chapter  seven  hundred  seventy-four  of  the  laws of nineteen hundred
    22  fifty, there shall be levied in addition to  any  sentence,  penalty  or
    23  other surcharge required or permitted by law, an additional surcharge of
    24  twenty-eight dollars.
    25    §  10-c. Paragraph a of subdivision 1 of section 1809-e of the vehicle
    26  and traffic law, as amended by section 11-c of chapter 222 of  the  laws
    27  of 2015, is amended to read as follows:
    28    a. Notwithstanding any other provision of law, whenever proceedings in
    29  a  court  or  an  administrative  tribunal  of  this  state  result in a
    30  conviction for an offense under this chapter, except a conviction pursu-
    31  ant to section eleven hundred ninety-two of this chapter, or for a traf-
    32  fic infraction under this chapter, or a local law,  ordinance,  rule  or
    33  regulation adopted pursuant to this chapter, except a traffic infraction
    34  involving standing, stopping, or parking or violations by pedestrians or
    35  bicyclists,  and  except  an adjudication of liability of an owner for a
    36  violation of subdivision (d) of section eleven hundred  eleven  of  this
    37  chapter in accordance with section eleven hundred eleven-a of this chap-
    38  ter  or in accordance with section eleven hundred eleven-d of this chap-
    39  ter or in accordance with section eleven hundred eleven-e of this  chap-
    40  ter, and except an adjudication of liability of an owner for a violation
    41  of  subdivision  (b),  (c),  (d),  (f)  or (g) of section eleven hundred
    42  eighty of this chapter in accordance with section eleven hundred  eight-
    43  y-c of this chapter, and except an adjudication of liability of an owner
    44  for  a  violation  of  subdivision  (b), (c), (d), (f) or (g) of section
    45  eleven hundred eighty of this chapter in accordance with section  eleven
    46  hundred  eighty-d of this chapter, and except an adjudication of liabil-
    47  ity of an owner for a violation of toll collection regulations  pursuant
    48  to  section two thousand nine hundred eighty-five of the public authori-
    49  ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
    50  hundred seventy-four of the laws of nineteen hundred fifty, there  shall
    51  be  levied  in  addition  to  any  sentence,  penalty or other surcharge
    52  required or permitted by law, an additional  surcharge  of  twenty-eight
    53  dollars.
    54    §  10-d. Paragraph a of subdivision 1 of section 1809-e of the vehicle
    55  and traffic law, as amended by section 11-d of chapter 222 of  the  laws
    56  of 2015, is amended to read as follows:

        S. 5223                            39
     1    a. Notwithstanding any other provision of law, whenever proceedings in
     2  a  court  or  an  administrative  tribunal  of  this  state  result in a
     3  conviction for an offense under this chapter, except a conviction pursu-
     4  ant to section eleven hundred ninety-two of this chapter, or for a traf-
     5  fic  infraction  under  this chapter, or a local law, ordinance, rule or
     6  regulation adopted pursuant to this chapter, except a traffic infraction
     7  involving standing, stopping, or parking or violations by pedestrians or
     8  bicyclists, and except an adjudication of liability of an  owner  for  a
     9  violation  of  subdivision  (d) of section eleven hundred eleven of this
    10  chapter in accordance with section eleven hundred eleven-a of this chap-
    11  ter or in accordance with section eleven hundred eleven-d of this  chap-
    12  ter  or in accordance with section eleven hundred eleven-e of this chap-
    13  ter, and except an adjudication of liability of an owner for a violation
    14  of subdivision (b), (c), (d), (f)  or  (g)  of  section  eleven  hundred
    15  eighty  of this chapter in accordance with section eleven hundred eight-
    16  y-d of this chapter, and except an adjudication of liability of an owner
    17  for a violation of toll collection regulations pursuant to  section  two
    18  thousand  nine  hundred  eighty-five  of  the  public authorities law or
    19  sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred
    20  seventy-four  of  the  laws  of  nineteen  hundred fifty, there shall be
    21  levied in addition to any sentence, penalty or other surcharge  required
    22  or permitted by law, an additional surcharge of twenty-eight dollars.
    23    §  10-e. Paragraph a of subdivision 1 of section 1809-e of the vehicle
    24  and traffic law, as amended by section 11-e of chapter 222 of  the  laws
    25  of 2015, 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 eleven-e of this chap-
    37  ter, and except an adjudication of liability of an owner for a violation
    38  of subdivision (b), (c), (d), (f)  or  (g)  of  section  eleven  hundred
    39  eighty  of this chapter in accordance with section eleven hundred eight-
    40  y-d of this chapter, and except an adjudication of liability of an owner
    41  for a violation of toll collection regulations pursuant to  section  two
    42  thousand  nine  hundred  eighty-five  of  the  public authorities law or
    43  sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred
    44  seventy-four  of  the  laws  of  nineteen  hundred fifty, there shall be
    45  levied in addition to any sentence, penalty or other surcharge  required
    46  or permitted by law, an additional surcharge of twenty-eight dollars.
    47    §  10-f. Paragraph a of subdivision 1 of section 1809-e of the vehicle
    48  and traffic law, as amended by section 5 of part C of chapter 55 of  the
    49  laws of 2013, is amended to read as follows:
    50    a. Notwithstanding any other provision of law, whenever proceedings in
    51  a  court  or  an  administrative  tribunal  of  this  state  result in a
    52  conviction for an offense under this chapter, except a conviction pursu-
    53  ant to section eleven hundred ninety-two of this chapter, or for a traf-
    54  fic infraction under this chapter, or a local law,  ordinance,  rule  or
    55  regulation adopted pursuant to this chapter, except a traffic infraction
    56  involving standing, stopping, or parking or violations by pedestrians or

        S. 5223                            40
     1  bicyclists,  and  except  an adjudication of liability of an owner for a
     2  violation of subdivision (d) of section eleven hundred  eleven  of  this
     3  chapter in accordance with section eleven hundred eleven-a of this chap-
     4  ter, and except an adjudication of liability of an owner for a violation
     5  of  subdivision  (b),  (c),  (d),  (f)  or (g) of section eleven hundred
     6  eighty of this chapter in accordance with section eleven hundred  eight-
     7  y-d of this chapter, and except an adjudication of liability of an owner
     8  for  a  violation of toll collection regulations pursuant to section two
     9  thousand nine hundred eighty-five  of  the  public  authorities  law  or
    10  sections  sixteen-a,  sixteen-b  and  sixteen-c of chapter seven hundred
    11  seventy-four of the laws of  nineteen  hundred  fifty,  there  shall  be
    12  levied  in addition to any sentence, penalty or other surcharge required
    13  or permitted by law, an additional surcharge of twenty-eight dollars.
    14    § 11. Subparagraph (i) of paragraph a of subdivision  5-a  of  section
    15  401  of  the vehicle and traffic law, as amended by section 8 of chapter
    16  222 of the laws of 2015, is amended to read as follows:
    17    (i) If at the time of application for a registration or renewal there-
    18  of there is a certification from a  court,  parking  violations  bureau,
    19  traffic  and  parking  violations  agency  or administrative tribunal of
    20  appropriate jurisdiction that the registrant or  his  or  her  represen-
    21  tative  failed  to appear on the return date or any subsequent adjourned
    22  date or failed to comply with the rules and regulations of  an  adminis-
    23  trative  tribunal  following  entry of a final decision in response to a
    24  total of three or more summonses or  other  process  in  the  aggregate,
    25  issued  within  an eighteen month period, charging either that: (i) such
    26  motor vehicle was parked, stopped or standing, or that such motor  vehi-
    27  cle  was operated for hire by the registrant or his or her agent without
    28  being licensed as a motor vehicle for  hire  by  the  appropriate  local
    29  authority,  in  violation of any of the provisions of this chapter or of
    30  any law, ordinance, rule or regulation made by  a  local  authority;  or
    31  (ii) the registrant was liable in accordance with section eleven hundred
    32  eleven-a,  section  eleven  hundred  eleven-b  or section eleven hundred
    33  eleven-d of this chapter for a violation of subdivision (d)  of  section
    34  eleven  hundred  eleven  of  this  chapter;  or (iii) the registrant was
    35  liable in accordance with section eleven hundred eleven-c of this  chap-
    36  ter  for  a  violation  of  a  bus  lane  restriction as defined in such
    37  section, or (iv) the registrant was liable in  accordance  with  section
    38  eleven  hundred  eighty-b of this chapter for a violation of subdivision
    39  (c) or (d) of section eleven hundred eighty of this chapter, or (v)  the
    40  registrant was liable in accordance with section eleven hundred eighty-c
    41  of  this  chapter  for  a violation of subdivision (c) or (d) of section
    42  eleven hundred eighty of this chapter; or (vi) the registrant was liable
    43  in accordance with section eleven hundred eleven-e of this chapter for a
    44  violation of subdivision (d) of section eleven hundred  eleven  of  this
    45  chapter,  or  (vii) the registrant was liable in accordance with section
    46  eleven hundred eighty-d of this chapter for a violation  of  subdivision
    47  (c) or (d) of section eleven hundred eighty of this chapter, the commis-
    48  sioner or his or her agent shall deny the registration or renewal appli-
    49  cation  until  the  applicant provides proof from the court, traffic and
    50  parking violations agency or administrative tribunal wherein the charges
    51  are pending that an appearance or answer has been made or in the case of
    52  an administrative tribunal that he or she has complied  with  the  rules
    53  and  regulations  of  said tribunal following entry of a final decision.
    54  Where an application is denied pursuant to this section, the commission-
    55  er may, in his or her discretion, deny a registration or renewal  appli-
    56  cation to any other person for the same vehicle and may deny a registra-

        S. 5223                            41
     1  tion  or  renewal  application for any other motor vehicle registered in
     2  the name of the applicant where the  commissioner  has  determined  that
     3  such registrant's intent has been to evade the purposes of this subdivi-
     4  sion  and  where the commissioner has reasonable grounds to believe that
     5  such registration or renewal will  have  the  effect  of  defeating  the
     6  purposes of this subdivision. Such denial shall only remain in effect as
     7  long  as  the summonses remain unanswered, or in the case of an adminis-
     8  trative tribunal, the registrant fails to  comply  with  the  rules  and
     9  regulations following entry of a final decision.
    10    §  11-a.  Paragraph a of subdivision 5-a of section 401 of the vehicle
    11  and traffic law, as amended by section 8-a of chapter 222 of the laws of
    12  2015, is amended to read as follows:
    13    a. If at the time of application for a registration or renewal thereof
    14  there is a certification from a  court  or  administrative  tribunal  of
    15  appropriate  jurisdiction  that  the  registrant or his or her represen-
    16  tative failed to appear on the return date or any  subsequent  adjourned
    17  date  or  failed to comply with the rules and regulations of an adminis-
    18  trative tribunal following entry of a final decision in  response  to  a
    19  total  of  three  or  more  summonses or other process in the aggregate,
    20  issued within an eighteen month period, charging either that:  (i)  such
    21  motor  vehicle was parked, stopped or standing, or that such motor vehi-
    22  cle was operated for hire by the registrant or his or her agent  without
    23  being  licensed  as  a  motor  vehicle for hire by the appropriate local
    24  authority, in violation of any of the provisions of this chapter  or  of
    25  any  law,  ordinance,  rule  or regulation made by a local authority; or
    26  (ii) the registrant was liable in accordance with section eleven hundred
    27  eleven-b of this chapter for a violation of subdivision (d)  of  section
    28  eleven  hundred  eleven  of  this  chapter;  or (iii) the registrant was
    29  liable in accordance with section eleven hundred eleven-c of this  chap-
    30  ter  for  a  violation  of  a  bus  lane  restriction as defined in such
    31  section; or (iv) the registrant was liable in  accordance  with  section
    32  eleven  hundred  eleven-d of this chapter for a violation of subdivision
    33  (d) of section eleven hundred eleven of this chapter or (v)  the  regis-
    34  trant  was  liable in accordance with section eleven hundred eighty-b of
    35  this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of
    36  section eleven hundred eighty of this chapter; or (v) the registrant was
    37  liable in accordance with section eleven hundred eighty-c of this  chap-
    38  ter  for a violation of subdivision (b), (c), (d), (f) or (g) of section
    39  eleven hundred eighty of this chapter; or (vi) the registrant was liable
    40  in accordance with section eleven hundred eleven-e of this chapter for a
    41  violation of subdivision (d) of section eleven hundred  eleven  of  this
    42  chapter;  or  (vii) the registrant was liable in accordance with section
    43  eleven hundred eighty-d of this chapter for a violation  of  subdivision
    44  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    45  ter, the commissioner or his or her agent shall deny the registration or
    46  renewal application until the applicant provides proof from the court or
    47  administrative  tribunal wherein the charges are pending that an appear-
    48  ance or answer has been made or in the case of an administrative  tribu-
    49  nal  that  he or she has complied with the rules and regulations of said
    50  tribunal following entry of a final decision. Where  an  application  is
    51  denied  pursuant  to  this  section, the commissioner may, in his or her
    52  discretion, deny a registration or  renewal  application  to  any  other
    53  person  for  the  same  vehicle  and  may deny a registration or renewal
    54  application for any other motor vehicle registered in the  name  of  the
    55  applicant  where  the commissioner has determined that such registrant's
    56  intent has been to evade the purposes of this subdivision and where  the

        S. 5223                            42
     1  commissioner has reasonable grounds to believe that such registration or
     2  renewal  will have the effect of defeating the purposes of this subdivi-
     3  sion. Such denial shall only remain in effect as long as  the  summonses
     4  remain  unanswered,  or  in  the case of an administrative tribunal, the
     5  registrant fails to comply with  the  rules  and  regulations  following
     6  entry of a final decision.
     7    §  11-b.  Paragraph a of subdivision 5-a of section 401 of the vehicle
     8  and traffic law, as amended by section 8-b of chapter 222 of the laws of
     9  2015, is amended to read as follows:
    10    a. If at the time of application for a registration or renewal thereof
    11  there is a certification from a  court  or  administrative  tribunal  of
    12  appropriate  jurisdiction  that  the  registrant or his or her represen-
    13  tative failed to appear on the return date or any  subsequent  adjourned
    14  date  or  failed to comply with the rules and regulations of an adminis-
    15  trative tribunal following entry of a  final  decision  in  response  to
    16  three  or  more  summonses  or  other process, issued within an eighteen
    17  month period, charging that: (i) such motor vehicle was parked,  stopped
    18  or  standing,  or  that  such motor vehicle was operated for hire by the
    19  registrant or his or her agent without being licensed as a motor vehicle
    20  for hire by the appropriate local authority, in violation of any of  the
    21  provisions  of this chapter or of any law, ordinance, rule or regulation
    22  made by a local authority; or (ii) the registrant was liable in  accord-
    23  ance  with  section  eleven  hundred  eleven-c  of  this  chapter  for a
    24  violation of a bus lane restriction as defined in such section; or (iii)
    25  the registrant was liable in  accordance  with  section  eleven  hundred
    26  eleven-d  of  this chapter for a violation of subdivision (d) of section
    27  eleven hundred eleven of this chapter; or (iv) the registrant was liable
    28  in accordance with section eleven hundred eighty-b of this chapter for a
    29  violation of subdivision (b), (c), (d), (f) or  (g)  of  section  eleven
    30  hundred  eighty of this chapter, or the registrant was liable in accord-
    31  ance with  section  eleven  hundred  eighty-c  of  this  chapter  for  a
    32  violation  of  subdivision  (b),  (c), (d), (f) or (g) of section eleven
    33  hundred eighty of this chapter, or the registrant was liable in  accord-
    34  ance  with  section  eleven  hundred  eighty-d  of  this  chapter  for a
    35  violation of subdivision (b), (c), (d), (f) or  (g)  of  section  eleven
    36  hundred  eighty  of  this  chapter;  or (v) the registrant was liable in
    37  accordance with section eleven hundred eleven-e of this  chapter  for  a
    38  violation  of  subdivision  (d) of section eleven hundred eleven of this
    39  chapter, the commissioner or his or her agent shall deny  the  registra-
    40  tion  or renewal application until the applicant provides proof from the
    41  court or administrative tribunal wherein the charges are pending that an
    42  appearance or answer has been made or in the case of  an  administrative
    43  tribunal  that  he or she has complied with the rules and regulations of
    44  said tribunal following entry of a final decision. Where an  application
    45  is  denied pursuant to this section, the commissioner may, in his or her
    46  discretion, deny a registration or  renewal  application  to  any  other
    47  person  for  the  same  vehicle  and  may deny a registration or renewal
    48  application for any other motor vehicle registered in the  name  of  the
    49  applicant  where  the commissioner has determined that such registrant's
    50  intent has been to evade the purposes of this subdivision and where  the
    51  commissioner has reasonable grounds to believe that such registration or
    52  renewal  will have the effect of defeating the purposes of this subdivi-
    53  sion. Such denial shall only remain in effect as long as  the  summonses
    54  remain  unanswered,  or  in  the case of an administrative tribunal, the
    55  registrant fails to comply with  the  rules  and  regulations  following
    56  entry of a final decision.

        S. 5223                            43
     1    §  11-c.  Paragraph a of subdivision 5-a of section 401 of the vehicle
     2  and traffic law, as amended by section 8-c of chapter 222 of the laws of
     3  2015, is amended to read as follows:
     4    a. If at the time of application for a registration or renewal thereof
     5  there  is  a  certification  from  a court or administrative tribunal of
     6  appropriate jurisdiction that the registrant or  his  or  her  represen-
     7  tative  failed  to appear on the return date or any subsequent adjourned
     8  date or failed to comply with the rules and regulations of  an  adminis-
     9  trative  tribunal  following  entry  of  a final decision in response to
    10  three or more summonses or other  process,  issued  within  an  eighteen
    11  month  period, charging that: (i) such motor vehicle was parked, stopped
    12  or standing, or that such motor vehicle was operated  for  hire  by  the
    13  registrant or his or her agent without being licensed as a motor vehicle
    14  for  hire by the appropriate local authority, in violation of any of the
    15  provisions of this chapter or of any law, ordinance, rule or  regulation
    16  made  by a local authority; or (ii) the registrant was liable in accord-
    17  ance with  section  eleven  hundred  eleven-d  of  this  chapter  for  a
    18  violation  of  subdivision  (d) of section eleven hundred eleven of this
    19  chapter; or (iii) the registrant was liable in accordance  with  section
    20  eleven  hundred  eighty-b  of this chapter for violations of subdivision
    21  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    22  ter, or the registrant was liable  in  accordance  with  section  eleven
    23  hundred eighty-c of this chapter for violations of subdivision (b), (c),
    24  (d), (f) or (g) of section eleven hundred eighty of this chapter, or the
    25  registrant was liable in accordance with section eleven hundred eighty-d
    26  of  this chapter for violations of subdivision (b), (c), (d), (f) or (g)
    27  of section eleven hundred eighty of this chapter; or (iv) the registrant
    28  was liable in accordance with section eleven hundred  eleven-e  of  this
    29  chapter  for  a  violation  of subdivision (d) of section eleven hundred
    30  eleven of this chapter, the commissioner or his or her agent shall  deny
    31  the  registration  or  renewal  application until the applicant provides
    32  proof from the court or administrative tribunal wherein the charges  are
    33  pending  that an appearance or answer has been made or in the case of an
    34  administrative tribunal that he has complied with the  rules  and  regu-
    35  lations  of  said tribunal following entry of a final decision. Where an
    36  application is denied pursuant to this section, the commissioner may, in
    37  his or her discretion, deny a registration or renewal application to any
    38  other person for the same vehicle and may deny a registration or renewal
    39  application for any other motor vehicle registered in the  name  of  the
    40  applicant  where  the commissioner has determined that such registrant's
    41  intent has been to evade the purposes of this subdivision and where  the
    42  commissioner has reasonable grounds to believe that such registration or
    43  renewal  will have the effect of defeating the purposes of this subdivi-
    44  sion. Such denial shall only remain in effect as long as  the  summonses
    45  remain  unanswered,  or  in  the case of an administrative tribunal, the
    46  registrant fails to comply with  the  rules  and  regulations  following
    47  entry of a final decision.
    48    §  11-d.  Paragraph a of subdivision 5-a of section 401 of the vehicle
    49  and traffic law, as amended by section 8-d of chapter 222 of the laws of
    50  2015, is amended to read as follows:
    51    a. If at the time of application for a registration or renewal thereof
    52  there is a certification from a  court  or  administrative  tribunal  of
    53  appropriate  jurisdiction  that  the  registrant or his or her represen-
    54  tative failed to appear on the return date or any  subsequent  adjourned
    55  date  or  failed to comply with the rules and regulations of an adminis-
    56  trative tribunal following entry of a  final  decision  in  response  to

        S. 5223                            44
     1  three  or  more  summonses  or  other process, issued within an eighteen
     2  month period, charging that such motor vehicle was  parked,  stopped  or
     3  standing, or that such motor vehicle was operated for hire by the regis-
     4  trant or his agent without being licensed as a motor vehicle for hire by
     5  the  appropriate  local authority, in violation of any of the provisions
     6  of this chapter or of any law, ordinance, rule or regulation made  by  a
     7  local authority, or the registrant was liable in accordance with section
     8  eleven  hundred  eighty-c  of this chapter for violations of subdivision
     9  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    10  ter, or the registrant was liable  in  accordance  with  section  eleven
    11  hundred eighty-d of this chapter for violations of subdivision (b), (c),
    12  (d), (f) or (g) of section eleven hundred eighty of this chapter, or the
    13  registrant was liable in accordance with section eleven hundred eleven-d
    14  of  this  chapter  for  a violation of subdivision (d) of section eleven
    15  hundred eleven of this chapter, or the registrant was liable in  accord-
    16  ance  with  section  eleven  hundred  eleven-e  of  this  chapter  for a
    17  violation of subdivision (d) of section eleven hundred  eleven  of  this
    18  chapter,  the  commissioner or his or her agent shall deny the registra-
    19  tion or renewal application until the applicant provides proof from  the
    20  court or administrative tribunal wherein the charges are pending that an
    21  appearance  or  answer has been made or in the case of an administrative
    22  tribunal that he or she has complied with the rules and  regulations  of
    23  said  tribunal following entry of a final decision. Where an application
    24  is denied pursuant to this section, the commissioner may, in his or  her
    25  discretion,  deny  a  registration  or  renewal application to any other
    26  person for the same vehicle and  may  deny  a  registration  or  renewal
    27  application  for  any  other motor vehicle registered in the name of the
    28  applicant where the commissioner has determined that  such  registrant's
    29  intent  has been to evade the purposes of this subdivision and where the
    30  commissioner has reasonable grounds to believe that such registration or
    31  renewal will have the effect of defeating the purposes of this  subdivi-
    32  sion.  Such  denial shall only remain in effect as long as the summonses
    33  remain unanswered, or in the case of  an  administrative  tribunal,  the
    34  registrant  fails  to  comply  with  the rules and regulations following
    35  entry of a final decision.
    36    § 11-e. Paragraph a of subdivision 5-a of section 401 of  the  vehicle
    37  and traffic law, as amended by section 8-e of chapter 222 of the laws of
    38  2015, is amended to read as follows:
    39    a. If at the time of application for a registration or renewal thereof
    40  there  is  a  certification  from  a court or administrative tribunal of
    41  appropriate jurisdiction that the registrant or  his  or  her  represen-
    42  tative  failed  to appear on the return date or any subsequent adjourned
    43  date or failed to comply with the rules and regulations of  an  adminis-
    44  trative  tribunal  following  entry  of  a final decision in response to
    45  three or more summonses or other  process,  issued  within  an  eighteen
    46  month  period,  charging  that such motor vehicle was parked, stopped or
    47  standing, or that such motor vehicle was operated for hire by the regis-
    48  trant or his or her agent without being licensed as a motor vehicle  for
    49  hire  by  the  appropriate  local  authority, in violation of any of the
    50  provisions of this chapter or of any law, ordinance, rule or  regulation
    51  made  by  a  local authority, or the registrant was liable in accordance
    52  with section eleven hundred eighty-d of this chapter for  violations  of
    53  subdivision  (b),  (c), (d), (f) or (g) of section eleven hundred eighty
    54  of this chapter, or the registrant was liable in accordance with section
    55  eleven hundred eleven-d of this chapter for a violation  of  subdivision
    56  (d)  of section eleven hundred eleven of this chapter, or the registrant

        S. 5223                            45
     1  was liable in accordance with section eleven hundred  eleven-e  of  this
     2  chapter  for  a  violation  of subdivision (d) of section eleven hundred
     3  eleven of this chapter, the commissioner or his or her agent shall  deny
     4  the  registration  or  renewal  application until the applicant provides
     5  proof from the court or administrative tribunal wherein the charges  are
     6  pending  that an appearance or answer has been made or in the case of an
     7  administrative tribunal that he has complied with the  rules  and  regu-
     8  lations  of said tribunal following entry of a final decision.  Where an
     9  application is denied pursuant to this section, the commissioner may, in
    10  his or her discretion, deny a registration or renewal application to any
    11  other person for the same vehicle and may deny a registration or renewal
    12  application for any other motor vehicle registered in the  name  of  the
    13  applicant  where  the commissioner has determined that such registrant's
    14  intent has been to evade the purposes of this subdivision and where  the
    15  commissioner has reasonable grounds to believe that such registration or
    16  renewal  will have the effect of defeating the purposes of this subdivi-
    17  sion. Such denial shall only remain in effect as long as  the  summonses
    18  remain  unanswered,  or  in  the case of an administrative tribunal, the
    19  registrant fails to comply with  the  rules  and  regulations  following
    20  entry of a final decision.
    21    §  11-f.  Paragraph a of subdivision 5-a of section 401 of the vehicle
    22  and traffic law, as amended by section 8-f of chapter 222 of the laws of
    23  2015, is amended to read as follows:
    24    a. If at the time of application for a registration or renewal thereof
    25  there is a certification from a  court  or  administrative  tribunal  of
    26  appropriate  jurisdiction  that  the  registrant or his or her represen-
    27  tative failed to appear on the return date or any  subsequent  adjourned
    28  date  or  failed to comply with the rules and regulations of an adminis-
    29  trative tribunal following entry of a  final  decision  in  response  to
    30  three  or  more  summonses  or  other process, issued within an eighteen
    31  month period, charging that such motor vehicle was  parked,  stopped  or
    32  standing, or that such motor vehicle was operated for hire by the regis-
    33  trant  or his or her agent without being licensed as a motor vehicle for
    34  hire by the appropriate local authority, in  violation  of  any  of  the
    35  provisions  of this chapter or of any law, ordinance, rule or regulation
    36  made by a local authority, or the registrant was  liable  in  accordance
    37  with  section  eleven hundred eighty-d of this chapter for violations of
    38  subdivision (b), (c), (d), (f) or (g) of section eleven  hundred  eighty
    39  of this chapter, or the registrant was liable in accordance with section
    40  eleven  hundred  eleven-e of this chapter for a violation of subdivision
    41  (d) of section eleven hundred eleven of this chapter,  the  commissioner
    42  or  his  or her agent shall deny the registration or renewal application
    43  until the applicant provides proof  from  the  court  or  administrative
    44  tribunal  wherein  the  charges are pending that an appearance or answer
    45  has been made or in the case of an administrative tribunal that  he  has
    46  complied with the rules and regulations of said tribunal following entry
    47  of  a  final  decision.  Where an application is denied pursuant to this
    48  section, the commissioner may, in his or her discretion, deny  a  regis-
    49  tration  or renewal application to any other person for the same vehicle
    50  and may deny a registration or renewal application for any  other  motor
    51  vehicle  registered  in the name of the applicant where the commissioner
    52  has determined that such registrant's  intent  has  been  to  evade  the
    53  purposes  of  this subdivision and where the commissioner has reasonable
    54  grounds to believe that such  registration  or  renewal  will  have  the
    55  effect  of defeating the purposes of this subdivision. Such denial shall
    56  only remain in effect as long as the summonses remain unanswered, or  in

        S. 5223                            46
     1  the  case  of an administrative tribunal, the registrant fails to comply
     2  with the rules and regulations following entry of a final decision.
     3    §  11-g.  Paragraph a of subdivision 5-a of section 401 of the vehicle
     4  and traffic law, as separately amended by chapters 339 and  592  of  the
     5  laws of 1987, is amended to read as follows:
     6    a. If at the time of application for a registration or renewal thereof
     7  there  is  a  certification  from  a court or administrative tribunal of
     8  appropriate jurisdiction  that  the  registrant  or  his  representative
     9  failed  to appear on the return date or any subsequent adjourned date or
    10  failed to comply with the rules and  regulations  of  an  administrative
    11  tribunal  following  entry  of  a final decision in response to three or
    12  more summonses or other process, issued within an eighteen month period,
    13  charging that such motor vehicle was parked,  stopped  or  standing,  or
    14  that  such  motor vehicle was operated for hire by the registrant or his
    15  agent without being licensed as a motor vehicle for hire by  the  appro-
    16  priate  local  authority,  in violation of any of the provisions of this
    17  chapter or of any law, ordinance, rule or regulation  made  by  a  local
    18  authority, or the registrant was liable in accordance with section elev-
    19  en  hundred  eighty-d of this chapter for violations of subdivision (b),
    20  (c), (d), (f) or (g) of section eleven hundred eighty of  this  chapter,
    21  the  commissioner  or  his  agent shall deny the registration or renewal
    22  application until the applicant provides proof from the court or  admin-
    23  istrative tribunal wherein the charges are pending that an appearance or
    24  answer  has  been made or in the case of an administrative tribunal that
    25  he has complied with the rules and regulations of said tribunal  follow-
    26  ing  entry  of a final decision. Where an application is denied pursuant
    27  to this section, the commissioner may, in his discretion, deny a  regis-
    28  tration  or renewal application to any other person for the same vehicle
    29  and may deny a registration or renewal application for any  other  motor
    30  vehicle  registered  in the name of the applicant where the commissioner
    31  has determined that such registrant's  intent  has  been  to  evade  the
    32  purposes  of  this subdivision and where the commissioner has reasonable
    33  grounds to believe that such  registration  or  renewal  will  have  the
    34  effect  of defeating the purposes of this subdivision. Such denial shall
    35  only remain in effect as long as the summonses remain unanswered, or  in
    36  the  case  of an administrative tribunal, the registrant fails to comply
    37  with the rules and regulations following entry of a final decision.
    38    § 12. Subdivision 2 of section  87  of  the  public  officers  law  is
    39  amended by adding a new paragraph (p) to read as follows:
    40    (p)  are  photographs,  microphotographs,  videotape or other recorded
    41  images prepared under the authority of section eleven  hundred  eighty-d
    42  of the vehicle and traffic law.
    43    §  13.  The purchase or lease of equipment for a demonstration program
    44  pursuant to section 1180-d of the  vehicle  and  traffic  law  shall  be
    45  subject to the provisions of section 103 of the general municipal law.
    46    §  14.  This act shall take effect on the thirtieth day after it shall
    47  have become a law and shall expire 5 years  after  such  effective  date
    48  when upon such date the provisions of this act shall be deemed repealed;
    49  and  provided further that any rules necessary for the implementation of
    50  this act on its effective date shall be promulgated on  or  before  such
    51  effective date, provided that:
    52    (a)  the amendments to subdivision 1 of section 235 of the vehicle and
    53  traffic law made by section one of this act shall not affect the expira-
    54  tion of such section and shall be deemed to expire therewith, when  upon
    55  such date the provisions of section one-a of this act shall take effect;

        S. 5223                            47
     1    (a-1)  the  amendments  to  section 235 of the vehicle and traffic law
     2  made by section one-a 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 one-b of this act shall take effect;
     5    (a-2)  the  amendments  to  section 235 of the vehicle and traffic law
     6  made by section one-b of this act shall not  affect  the  expiration  of
     7  such  section  and  shall  be deemed to expire therewith, when upon such
     8  date the provisions of section one-c of this act shall take effect;
     9    (a-3) the amendments to section 235 of the  vehicle  and  traffic  law
    10  made  by  section  one-c  of this act shall not affect the expiration of
    11  such section and shall be deemed to expire  therewith,  when  upon  such
    12  date the provisions of section one-d of this act shall take effect;
    13    (a-4)  the  amendments  to  section 235 of the vehicle and traffic law
    14  made by section one-d of this act shall not  affect  the  expiration  of
    15  such  section  and  shall  be deemed to expire therewith, when upon such
    16  date the provisions of section one-e of this act shall take effect;
    17    (a-5) the amendments to section 235 of the  vehicle  and  traffic  law
    18  made  by  section  one-e  of this act shall not affect the expiration of
    19  such section and shall be deemed to expire  therewith,  when  upon  such
    20  date the provisions of section one-f of this act shall take effect;
    21    (a-6)  the  amendments  to  section 235 of the vehicle and traffic law
    22  made by section one-f of this act shall not  affect  the  expiration  of
    23  such  section  and  shall  be deemed to expire therewith, when upon such
    24  date the provisions of section one-g of this act shall take effect;
    25    (b) the amendments to subdivision 1 of section 236 of the vehicle  and
    26  traffic law made by section two of this act shall not affect the expira-
    27  tion  of  such subdivision and shall be deemed to expire therewith, when
    28  upon such date the provisions of section two-a of this  act  shall  take
    29  effect;
    30    (b-1)  the  amendments  to subdivision 1 of section 236 of the vehicle
    31  and traffic law made by section two-a of this act shall not  affect  the
    32  expiration  of such subdivision and shall be deemed to expire therewith,
    33  when upon such date the provisions of section two-b of  this  act  shall
    34  take effect;
    35    (b-2)  the  amendments  to subdivision 1 of section 236 of the vehicle
    36  and traffic law made by section two-b of this act shall not  affect  the
    37  expiration  of such subdivision and shall be deemed to expire therewith,
    38  when upon such date the provisions of section two-c of  this  act  shall
    39  take effect;
    40    (b-3)  the  amendments  to subdivision 1 of section 236 of the vehicle
    41  and traffic law made by section two-c of this act shall not  affect  the
    42  expiration  of such subdivision and shall be deemed to expire therewith,
    43  when upon such date the provisions of section two-d of  this  act  shall
    44  take effect;
    45    (b-4)  the  amendments  to subdivision 1 of section 236 of the vehicle
    46  and traffic law made by section two-d of this act shall not  affect  the
    47  expiration  of such subdivision and shall be deemed to expire therewith,
    48  when upon such date the provisions of section two-e of  this  act  shall
    49  take effect;
    50    (b-5)  the  amendments  to subdivision 1 of section 236 of the vehicle
    51  and traffic law made by section two-e of this act shall not  affect  the
    52  expiration  of such subdivision and shall be deemed to expire therewith,
    53  when upon such date the provisions of section two-f of  this  act  shall
    54  take effect;
    55    (c)  the  amendments to paragraph f of subdivision 1 of section 239 of
    56  the vehicle and traffic law made by section four of this act  shall  not

        S. 5223                            48
     1  affect  the  expiration  of such paragraph and shall be deemed to expire
     2  therewith, when upon such date the provisions of section four-a of  this
     3  act shall take effect;
     4    (c-1) the amendments to paragraph f of subdivision 1 of section 239 of
     5  the vehicle and traffic law made by section four-a of this act shall not
     6  affect  the  expiration  of such paragraph and shall be deemed to expire
     7  therewith, when upon such date the provisions of section four-b of  this
     8  act shall take effect;
     9    (c-2) the amendments to paragraph f of subdivision 1 of section 239 of
    10  the vehicle and traffic law made by section four-b of this act shall not
    11  affect  the  expiration  of such paragraph and shall be deemed to expire
    12  therewith, when upon such date the provisions of section four-c of  this
    13  act shall take effect;
    14    (c-3) the amendments to paragraph f of subdivision 1 of section 239 of
    15  the vehicle and traffic law made by section four-c of this act shall not
    16  affect  the  expiration  of such paragraph and shall be deemed to expire
    17  therewith, when upon such date the provisions of section four-d of  this
    18  act shall take effect;
    19    (c-4) the amendments to paragraph f of subdivision 1 of section 239 of
    20  the vehicle and traffic law made by section four-d of this act shall not
    21  affect  the  expiration  of such paragraph and shall be deemed to expire
    22  therewith, when upon such date the provisions of section four-e of  this
    23  act shall take effect;
    24    (c-5) the amendments to paragraph f of subdivision 1 of section 239 of
    25  the vehicle and traffic law made by section four-e of this act shall not
    26  affect  the  expiration  of such paragraph and shall be deemed to expire
    27  therewith, when upon such date the provisions of section four-f of  this
    28  act shall take effect;
    29    (d)  the  amendments  to  subdivisions 1 and 1-a of section 240 of the
    30  vehicle and traffic law made by section  five  of  this  act  shall  not
    31  affect the expiration of such subdivisions and shall be deemed to expire
    32  therewith,  when upon such date the provisions of section five-a of this
    33  act shall take effect;
    34    (d-1) the amendments to subdivisions 1 and 1-a of section 240  of  the
    35  vehicle  and  traffic  law  made by section five-a of this act shall not
    36  affect the expiration of such subdivisions and shall be deemed to expire
    37  therewith, when upon such date the provisions of section five-b of  this
    38  act shall take effect;
    39    (d-2)  the  amendments to subdivisions 1 and 1-a of section 240 of the
    40  vehicle and traffic law made by section five-b of  this  act  shall  not
    41  affect the expiration of such subdivisions and shall be deemed to expire
    42  therewith,  when upon such date the provisions of section five-c of this
    43  act shall take effect;
    44    (d-3) the amendments to subdivisions 1 and 1-a of section 240  of  the
    45  vehicle  and  traffic  law  made by section five-c of this act shall not
    46  affect the expiration of such subdivisions and shall be deemed to expire
    47  therewith, when upon such date the provisions of section five-d of  this
    48  act shall take effect;
    49    (d-4)  the  amendments to subdivisions 1 and 1-a of section 240 of the
    50  vehicle and traffic law made by section five-d of  this  act  shall  not
    51  affect the expiration of such subdivisions and shall be deemed to expire
    52  therewith,  when upon such date the provisions of section five-e of this
    53  act shall take effect;
    54    (d-5) the amendments to subdivisions 1 and 1-a of section 240  of  the
    55  vehicle  and  traffic  law  made by section five-e of this act shall not
    56  affect the expiration of such subdivisions and shall be deemed to expire

        S. 5223                            49
     1  therewith, when upon such date the provisions of section five-f of  this
     2  act shall take effect;
     3    (e)  the  amendments to paragraphs a and g of subdivision 2 of section
     4  240 of the vehicle and traffic law made by section six of this act shall
     5  not affect the expiration of such paragraphs  and  shall  be  deemed  to
     6  expire therewith, when upon such date the provisions of section six-a of
     7  this act shall take effect;
     8    (e-1) the amendments to paragraphs a and g of subdivision 2 of section
     9  240  of  the  vehicle  and traffic law made by section six-a of this act
    10  shall not affect the expiration of such paragraphs and shall  be  deemed
    11  to expire therewith, when upon such date the provisions of section six-b
    12  of this act shall take effect;
    13    (e-2) the amendments to paragraphs a and g of subdivision 2 of section
    14  240  of  the  vehicle  and traffic law made by section six-b of this act
    15  shall not affect the expiration of such paragraphs and shall  be  deemed
    16  to expire therewith, when upon such date the provisions of section six-c
    17  of this act shall take effect;
    18    (e-3) the amendments to paragraphs a and g of subdivision 2 of section
    19  240  of  the  vehicle  and traffic law made by section six-c of this act
    20  shall not affect the expiration of such paragraphs and shall  be  deemed
    21  to expire therewith, when upon such date the provisions of section six-d
    22  of this act shall take effect;
    23    (e-4) the amendments to paragraphs a and g of subdivision 2 of section
    24  240  of  the  vehicle  and traffic law made by section six-d of this act
    25  shall not affect the expiration of such paragraphs and shall  be  deemed
    26  to expire therewith, when upon such date the provisions of section six-e
    27  of this act shall take effect;
    28    (e-5) the amendments to paragraphs a and g of subdivision 2 of section
    29  240  of  the  vehicle  and traffic law made by section six-e of this act
    30  shall not affect the expiration of such paragraphs and shall  be  deemed
    31  to expire therewith, when upon such date the provisions of section six-f
    32  of this act shall take effect;
    33    (f) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
    34  cle  and  traffic law made by section seven of this act shall not affect
    35  the expiration of such subdivisions and shall be deemed to expire there-
    36  with, when upon such date the provisions of section seven-a of this  act
    37  shall take effect;
    38    (f-1)  the  amendments  to  subdivisions 1 and 2 of section 241 of the
    39  vehicle and traffic law made by section seven-a of this  act  shall  not
    40  affect the expiration of such subdivisions and shall be deemed to expire
    41  therewith, when upon such date the provisions of section seven-b of this
    42  act shall take effect;
    43    (f-2)  the  amendments  to  subdivisions 1 and 2 of section 241 of the
    44  vehicle and traffic law made by section seven-b of this  act  shall  not
    45  affect the expiration of such subdivisions and shall be deemed to expire
    46  therewith, when upon such date the provisions of section seven-c of this
    47  act shall take effect;
    48    (f-3)  the  amendments  to  subdivisions 1 and 2 of section 241 of the
    49  vehicle and traffic law made by section seven-c of this  act  shall  not
    50  affect the expiration of such subdivisions and shall be deemed to expire
    51  therewith, when upon such date the provisions of section seven-d of this
    52  act shall take effect;
    53    (f-4)  the  amendments  to  subdivisions 1 and 2 of section 241 of the
    54  vehicle and traffic law made by section seven-d of this  act  shall  not
    55  affect the expiration of such subdivisions and shall be deemed to expire

        S. 5223                            50
     1  therewith, when upon such date the provisions of section seven-e of this
     2  act shall take effect;
     3    (f-5)  the  amendments  to  subdivisions 1 and 2 of section 241 of the
     4  vehicle and traffic law made by section seven-e 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-f of this
     7  act shall take effect;
     8    (g) the amendments to subdivision 1 of section 1809 of the vehicle and
     9  traffic  law made by section nine 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 nine-a of this act  shall  take
    12  effect;
    13    (g-1)  the  amendments to subdivision 1 of section 1809 of the vehicle
    14  and traffic law made by section nine-a of this act shall not affect  the
    15  expiration  of such subdivision and shall be deemed to expire therewith,
    16  when upon such date the provisions of section nine-b of this  act  shall
    17  take effect;
    18    (g-2)  the  amendments to subdivision 1 of section 1809 of the vehicle
    19  and traffic law made by section nine-b of this act shall not affect  the
    20  expiration  of such subdivision and shall be deemed to expire therewith,
    21  when upon such date the provisions of section nine-c of this  act  shall
    22  take effect;
    23    (g-3)  the  amendments to subdivision 1 of section 1809 of the vehicle
    24  and traffic law made by section nine-c of this act shall not affect  the
    25  expiration  of such subdivision and shall be deemed to expire therewith,
    26  when upon such date the provisions of section nine-d of this  act  shall
    27  take effect;
    28    (g-4)  the  amendments to subdivision 1 of section 1809 of the vehicle
    29  and traffic law made by section nine-d of this act shall not affect  the
    30  expiration  of such subdivision and shall be deemed to expire therewith,
    31  when upon such date the provisions of section nine-e of this  act  shall
    32  take effect;
    33    (g-5)  the  amendments to subdivision 1 of section 1809 of the vehicle
    34  and traffic law made by section nine-e 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-f of this  act  shall
    37  take effect;
    38    (g-6)  the  amendments to subdivision 1 of section 1809 of the vehicle
    39  and traffic law made by section nine-f 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-g of this  act  shall
    42  take effect;
    43    (h)  the  amendments to paragraph a of subdivision 1 of section 1809-e
    44  of the vehicle and traffic law made by section ten 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 ten-a of this
    47  act shall take effect;
    48    (h-1) the amendments to paragraph a of subdivision 1 of section 1809-e
    49  of the vehicle and traffic law made by section ten-a of this  act  shall
    50  not  affect  the  expiration  of  such  paragraph and shall be deemed to
    51  expire therewith, when upon such date the provisions of section ten-b of
    52  this act shall take effect;
    53    (h-2) the amendments to paragraph a of subdivision 1 of section 1809-e
    54  of the vehicle and traffic law made by section ten-b of this  act  shall
    55  not  affect  the  expiration  of  such  paragraph and shall be deemed to

        S. 5223                            51
     1  expire therewith, when upon such date the provisions of section ten-c of
     2  this act shall take effect;
     3    (h-3) the amendments to paragraph a of subdivision 1 of section 1809-e
     4  of  the  vehicle and traffic law made by section ten-c of this act shall
     5  not affect the expiration of such  paragraph  and  shall  be  deemed  to
     6  expire therewith, when upon such date the provisions of section ten-d of
     7  this act shall take effect;
     8    (h-4) the amendments to paragraph a of subdivision 1 of section 1809-e
     9  of  the  vehicle and traffic law made by section ten-d of this act shall
    10  not affect the expiration of such  paragraph  and  shall  be  deemed  to
    11  expire therewith, when upon such date the provisions of section ten-e of
    12  this act shall take effect;
    13    (h-5) the amendments to paragraph a of subdivision 1 of section 1809-e
    14  of  the  vehicle and traffic law made by section ten-e of this act shall
    15  not affect the expiration of such  paragraph  and  shall  be  deemed  to
    16  expire therewith, when upon such date the provisions of section ten-f of
    17  this act shall take effect;
    18    (i)  the  amendments to subparagraph (i) of paragraph a of subdivision
    19  5-a of section 401 of the vehicle and traffic law made by section eleven
    20  of this act shall not affect the expiration of such paragraph and  shall
    21  be  deemed  to  expire  therewith, when upon such date the provisions of
    22  section eleven-a of this act shall take effect;
    23    (i-1) the amendments to paragraph a of subdivision 5-a of section  401
    24  of  the  vehicle  and  traffic  law made by section eleven-a of this act
    25  shall not affect the expiration of such paragraph and shall be deemed to
    26  expire therewith, when upon such date the provisions of section eleven-b
    27  of this act shall take effect;
    28    (i-2) the amendments to paragraph a of subdivision 5-a of section  401
    29  of  the  vehicle  and  traffic  law made by section eleven-b of this act
    30  shall not affect the expiration of such paragraph and shall be deemed to
    31  expire therewith, when upon such date the provisions of section eleven-c
    32  of this act shall take effect;
    33    (i-3) the amendments to paragraph a of subdivision 5-a of section  401
    34  of  the  vehicle  and  traffic  law made by section eleven-c of this act
    35  shall not affect the expiration of such paragraph and shall be deemed to
    36  expire therewith, when upon such date the provisions of section eleven-d
    37  of this act shall take effect;
    38    (i-4) the amendments to paragraph a of subdivision 5-a of section  401
    39  of  the  vehicle  and  traffic  law made by section eleven-d of this act
    40  shall not affect the expiration of such paragraph and shall be deemed to
    41  expire therewith, when upon such date the provisions of section eleven-e
    42  of this act shall take effect;
    43    (i-5) the amendments to paragraph a of subdivision 5-a of section  401
    44  of  the  vehicle  and  traffic  law made by section eleven-e of this act
    45  shall not affect the expiration of such paragraph and shall be deemed to
    46  expire therewith, when upon such date the provisions of section eleven-f
    47  of this act shall take effect; and
    48    (i-6) the amendments to paragraph a of subdivision 5-a of section  401
    49  of  the  vehicle  and  traffic  law made by section eleven-f of this act
    50  shall not affect the expiration of such paragraph and shall be deemed to
    51  expire therewith, when upon such date the provisions of section eleven-g
    52  of this act shall take effect.
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