Bill Text: NY S05223 | 2019-2020 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Establishes a demonstration program implementing speed violation monitoring systems in work zones by means of photo devices.
Spectrum: Partisan Bill (Democrat 17-0)
Status: (Introduced - Dead) 2020-07-17 - PRINT NUMBER 5223B [S05223 Detail]
Download: New_York-2019-S05223-Introduced.html
Bill Title: Establishes a demonstration program implementing speed violation monitoring systems in work zones by means of photo devices.
Spectrum: Partisan Bill (Democrat 17-0)
Status: (Introduced - Dead) 2020-07-17 - PRINT NUMBER 5223B [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. LBD09902-01-9S. 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 trafficS. 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 anS. 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 hundredS. 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 adjudicateS. 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 ofS. 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 subsequentS. 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 mustS. 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 hearingS. 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 inS. 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 heldS. 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 withS. 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 timeS. 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 liabilityS. 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, orS. 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 theS. 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 ofS. 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 maintenanceS. 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 theS. 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 hundredS. 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 elevenS. 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 orS. 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) ofS. 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 sectionS. 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 orS. 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 orS. 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 theS. 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 toS. 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 registrantS. 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 inS. 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 notS. 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 expireS. 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 expireS. 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 toS. 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.
