Bill Text: NY S05688 | 2015-2016 | General Assembly | Introduced
Bill Title: Relates to owner liability for failure of operator to comply with traffic-control indications in the city of White Plains, and provides for the repeal of such provisions upon expiration thereof.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2015-08-13 - SIGNED CHAP.222 [S05688 Detail]
Download: New_York-2015-S05688-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 5688 2015-2016 Regular Sessions I N S E N A T E May 27, 2015 ___________ Introduced by Sen. STEWART-COUSINS -- 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, the general municipal law, and the public officers law, in relation to owner liability for fail- ure of an operator to comply with traffic-control indications in the city of White Plains; and providing for the repeal of such provisions upon expiration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision 1 of section 235 of the vehicle and traffic 2 law, as separately amended by section 1 of chapters 99, 101 and 123 of 3 the laws of 2014, is 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. LBD10394-01-5 S. 5688 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, such tribunal and the rules and 10 regulations pertaining thereto shall be constituted in substantial 11 conformance with the following sections. 12 S 1-a. Section 235 of the vehicle and traffic law, as separately 13 amended by section 1-a of chapters 99, 101, and 123 of the laws of 2014, 14 is amended to read as follows: 15 S 235. Jurisdiction. Notwithstanding any inconsistent provision of any 16 general, special or local law or administrative code to the contrary, in 17 any city which heretofore or hereafter is authorized to establish an 18 administrative tribunal to hear and determine complaints of traffic 19 infractions constituting parking, standing or stopping violations, or to 20 adjudicate the liability of owners for violations of subdivision (d) of 21 section eleven hundred eleven of this chapter in accordance with section 22 eleven hundred eleven-a of this chapter, or to adjudicate the liability 23 of owners for violations of subdivision (d) of section eleven hundred 24 eleven of this chapter 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 to 27 adjudicate the liability of owners for violations of subdivision (d) of 28 section eleven hundred eleven of this chapter in accordance with section 29 eleven hundred eleven-d of this chapter, OR TO ADJUDICATE THE LIABILITY 30 OF OWNERS FOR VIOLATIONS OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED 31 ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED 32 ELEVEN-E OF THIS CHAPTER, or to adjudicate the liability of owners for 33 violations of toll collection regulations as defined in and in accord- 34 ance with the provisions of section two thousand nine hundred eighty- 35 five of the public authorities law and sections sixteen-a, sixteen-b and 36 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen 37 hundred fifty, or to adjudicate liability of owners in accordance with 38 section eleven hundred eleven-c of this chapter for violations of bus 39 lane restrictions as defined in such section, or to adjudicate the 40 liability of owners for violations of subdivision (b), (c), (d), (f) or 41 (g) of section eleven hundred eighty of this chapter in accordance with 42 section eleven hundred eighty-b of this chapter, such tribunal and the 43 rules and regulations pertaining thereto shall be constituted in 44 substantial conformance with the following sections. 45 S 1-b. Section 235 of the vehicle and traffic law, as separately 46 amended by section 1-b of chapters 99, 101, and 123 of the laws of 2014, 47 is amended to read as follows: 48 S 235. Jurisdiction. Notwithstanding any inconsistent provision of any 49 general, special or local law or administrative code to the contrary, in 50 any city which heretofore or hereafter is authorized to establish an 51 administrative tribunal to hear and determine complaints of traffic 52 infractions constituting parking, standing or stopping violations, or to 53 adjudicate the liability of owners for violations of subdivision (d) of 54 section eleven hundred eleven of this chapter in accordance with 55 sections eleven hundred eleven-b of this chapter as added by sections 56 sixteen of chapters twenty, twenty-one, and twenty-two of the laws of S. 5688 3 1 two thousand nine, or to adjudicate the liability of owners for 2 violations of subdivision (d) of section eleven hundred eleven of this 3 chapter in accordance with section eleven hundred eleven-d of this chap- 4 ter, OR TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVI- 5 SION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE 6 WITH SECTION ELEVEN HUNDRED ELEVEN-E OF THIS CHAPTER, or to adjudicate 7 the liability of owners for violations of toll collection regulations as 8 defined in and in accordance with the provisions of section two thousand 9 nine hundred eighty-five of the public authorities law and sections 10 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four 11 of the laws of nineteen hundred fifty, or to adjudicate liability of 12 owners in accordance with section eleven hundred eleven-c of this chap- 13 ter for violations of bus lane restrictions as defined in such section, 14 or to adjudicate the liability of owners for violations of subdivision 15 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- 16 ter in accordance with section eleven hundred eighty-b of this chapter, 17 such tribunal and the rules and regulations pertaining thereto shall be 18 constituted in substantial conformance with the following sections. 19 S 1-c. Section 235 of the vehicle and traffic law, as separately 20 amended by section 1-c of chapters 99, 101, and 123 of the laws of 2014, 21 is amended to read as follows: 22 S 235. Jurisdiction. Notwithstanding any inconsistent provision of any 23 general, special or local law or administrative code to the contrary, in 24 any city which heretofore or hereafter is authorized to establish an 25 administrative tribunal to hear and determine complaints of traffic 26 infractions constituting parking, standing or stopping violations, or to 27 adjudicate the liability of owners for violations of subdivision (d) of 28 section eleven hundred eleven of this chapter in accordance with section 29 eleven hundred eleven-d of this chapter, OR TO ADJUDICATE THE LIABILITY 30 OF OWNERS FOR VIOLATIONS OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED 31 ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED 32 ELEVEN-E OF THIS CHAPTER, or to adjudicate the liability of owners for 33 violations of toll collection regulations as defined in and in accord- 34 ance with the provisions of section two thousand nine hundred eighty- 35 five of the public authorities law and sections sixteen-a, sixteen-b and 36 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen 37 hundred fifty, or to adjudicate liability of owners in accordance with 38 section eleven hundred eleven-c of this chapter for violations of bus 39 lane restrictions as defined in such section, or to adjudicate the 40 liability of owners for violations of subdivision (b), (c), (d), (f) or 41 (g) of section eleven hundred eighty of this chapter in accordance with 42 section eleven hundred eighty-b of this chapter, such tribunal and the 43 rules and regulations pertaining thereto shall be constituted in 44 substantial conformance with the following sections. 45 S 1-d. Section 235 of the vehicle and traffic law, as separately 46 amended by section 1-d of chapters 99, 101, and 123 of the laws of 2014, 47 is amended to read as follows: 48 S 235. Jurisdiction. Notwithstanding any inconsistent provision of any 49 general, special or local law or administrative code to the contrary, in 50 any city which heretofore or hereafter is authorized to establish an 51 administrative tribunal to hear and determine complaints of traffic 52 infractions constituting parking, standing or stopping violations, or to 53 adjudicate the liability of owners for violations of subdivision (d) of 54 section eleven hundred eleven of this chapter in accordance with section 55 eleven hundred eleven-d of this chapter, OR TO ADJUDICATE THE LIABILITY 56 OF OWNERS FOR VIOLATIONS OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED S. 5688 4 1 ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED 2 ELEVEN-E OF THIS CHAPTER, or to adjudicate the liability of owners for 3 violations of toll collection regulations as defined in and in accord- 4 ance with the provisions of section two thousand nine hundred eighty- 5 five of the public authorities law and sections sixteen-a, sixteen-b and 6 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen 7 hundred fifty, or to adjudicate liability of owners for violations of 8 subdivisions (c) and (d) of section eleven hundred eighty of this chap- 9 ter in accordance with section eleven hundred eighty-b of this chapter, 10 such tribunal and the rules and regulations pertaining thereto shall be 11 constituted in substantial conformance with the following sections. 12 S 1-e. Section 235 of the vehicle and traffic law, as separately 13 amended by section 1-e of chapters 99, 101, and 123 of the laws of 2014, 14 is amended to read as follows: 15 S 235. Jurisdiction. Notwithstanding any inconsistent provision of any 16 general, special or local law or administrative code to the contrary, in 17 any city which heretofore or hereafter is authorized to establish an 18 administrative tribunal to hear and determine complaints of traffic 19 infractions constituting parking, standing or stopping violations, or to 20 adjudicate the liability of owners for violations of subdivision (d) of 21 section eleven hundred eleven of this chapter in accordance with section 22 eleven hundred eleven-d of this chapter, OR TO ADJUDICATE THE LIABILITY 23 OF OWNERS FOR VIOLATIONS OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED 24 ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED 25 ELEVEN-E OF THIS CHAPTER, or to adjudicate the liability of owners for 26 violations of toll collection regulations as defined in and in accord- 27 ance with the provisions of section two thousand nine hundred eighty- 28 five of the public authorities law and sections sixteen-a, sixteen-b and 29 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen 30 hundred fifty, such tribunal and the rules and regulations pertaining 31 thereto shall be constituted in substantial conformance with the follow- 32 ing sections. 33 S 1-f. Section 235 of the vehicle and traffic law, as separately 34 amended by chapter 715 of the laws of 1972 and chapter 379 of the laws 35 of 1992, is amended to read as follows: 36 S 235. Jurisdiction. Notwithstanding any inconsistent provision of any 37 general, special or local law or administrative code to the contrary, in 38 any city which heretofore or hereafter is authorized to establish an 39 administrative tribunal to hear and determine complaints of traffic 40 infractions constituting parking, standing or stopping violations, OR TO 41 ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (D) OF 42 SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION 43 ELEVEN HUNDRED ELEVEN-E OF THIS CHAPTER, or to adjudicate the liability 44 of owners for violations of toll collection regulations as defined in 45 and in accordance with the provisions of section two thousand nine 46 hundred eighty-five of the public authorities law and sections 47 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four 48 of the laws of nineteen hundred fifty, such tribunal and the rules and 49 regulations pertaining thereto shall be constituted in substantial 50 conformance with the following sections. 51 S 2. Subdivision 1 of section 236 of the vehicle and traffic law, as 52 separately amended by section 2 of chapters 99, 101, and 123 of the laws 53 of 2014, is amended to read as follows: 54 1. Creation. In any city as hereinbefore or hereafter authorized such 55 tribunal when created shall be known as the parking violations bureau 56 and shall have jurisdiction of traffic infractions which constitute a S. 5688 5 1 parking violation and, where authorized by local law adopted pursuant to 2 subdivision (a) of section eleven hundred eleven-a of this chapter or 3 subdivisions (a) of sections eleven hundred eleven-b of this chapter as 4 added by sections sixteen of chapters twenty, twenty-one, and twenty-two 5 of the laws of two thousand nine, or subdivision (a) of section eleven 6 hundred eleven-d of this chapter, OR SUBDIVISION (A) OF SECTION ELEVEN 7 HUNDRED ELEVEN-E OF THIS CHAPTER, shall adjudicate the liability of 8 owners for violations of subdivision (d) of section eleven hundred elev- 9 en of this chapter in accordance with such section eleven hundred 10 eleven-a, sections eleven hundred eleven-b as added by sections sixteen 11 of chapters twenty, twenty-one, and twenty-two of the laws of two thou- 12 sand nine, or section eleven hundred eleven-d OR SECTION ELEVEN HUNDRED 13 ELEVEN-E and shall adjudicate the liability of owners for violations of 14 toll collection regulations as defined in and in accordance with the 15 provisions of section two thousand nine hundred eighty-five of the 16 public authorities law and sections sixteen-a, sixteen-b and sixteen-c 17 of chapter seven hundred seventy-four of the laws of nineteen hundred 18 fifty and shall adjudicate liability of owners in accordance with 19 section eleven hundred eleven-c of this chapter for violations of bus 20 lane restrictions as defined in such section and shall adjudicate the 21 liability of owners for violations of subdivision (b), (c), (d), (f) or 22 (g) of section eleven hundred eighty of this chapter in accordance with 23 section eleven hundred eighty-b of this chapter. Such tribunal, except 24 in a city with a population of one million or more, shall also have 25 jurisdiction of abandoned vehicle violations. For the purposes of this 26 article, a parking violation is the violation of any law, rule or regu- 27 lation providing for or regulating the parking, stopping or standing of 28 a vehicle. In addition for purposes of this article, "commissioner" 29 shall mean and include the commissioner of traffic of the city or an 30 official possessing authority as such a commissioner. 31 S 2-a. Subdivision 1 of section 236 of the vehicle and traffic law, as 32 separately amended by section 2-a of chapters 99, 101, and 123 of the 33 laws of 2014, is amended to read as follows: 34 1. Creation. In any city as hereinbefore or hereafter authorized such 35 tribunal when created shall be known as the parking violations bureau 36 and shall have jurisdiction of traffic infractions which constitute a 37 parking violation and, where authorized by local law adopted pursuant to 38 subdivisions (a) of sections eleven hundred eleven-b of this chapter as 39 added by sections sixteen of chapters twenty, twenty-one, and twenty-two 40 of the laws of two thousand nine, or subdivision (a) of section eleven 41 hundred eleven-d of this chapter, OR SUBDIVISION (A) OF SECTION ELEVEN 42 HUNDRED ELEVEN-E OF THIS CHAPTER, shall adjudicate the liability of 43 owners for violations of subdivision (d) of section eleven hundred elev- 44 en of this chapter in accordance with such sections eleven hundred 45 eleven-b as added by sections sixteen of chapters twenty, twenty-one, 46 and twenty-two of the laws of two thousand nine or section eleven 47 hundred eleven-d OR SECTION ELEVEN HUNDRED ELEVEN-E; and shall adjudi- 48 cate liability of owners in accordance with section eleven hundred 49 eleven-c of this chapter for violations of bus lane restrictions as 50 defined in such section and shall adjudicate liability of owners for 51 violations of subdivisions (c) and (d) of section eleven hundred eighty 52 of this chapter in accordance with section eleven hundred eighty-b of 53 this chapter. For the purposes of this article, a parking violation is 54 the violation of any law, rule or regulation providing for or regulating 55 the parking, stopping or standing of a vehicle. In addition for purposes 56 of this article, "commissioner" shall mean and include the commissioner S. 5688 6 1 of traffic of the city or an official possessing authority as such a 2 commissioner. 3 S 2-b. Subdivision 1 of section 236 of the vehicle and traffic law, as 4 separately amended by section 2-b of chapters 99, 101, and 123 of the 5 laws of 2014, is amended to read as follows: 6 1. Creation. In any city as hereinbefore or hereafter authorized such 7 tribunal when created shall be known as the parking violations bureau 8 and shall have jurisdiction of traffic infractions which constitute a 9 parking violation and, where authorized by local law adopted pursuant to 10 subdivision (a) of section eleven hundred eleven-d OR SUBDIVISION (A) OF 11 SECTION ELEVEN HUNDRED ELEVEN-E of this chapter, shall adjudicate 12 liability of owners in accordance with section eleven hundred eleven-c 13 of this chapter for violations of bus lane restrictions as defined in 14 such section; and shall adjudicate the liability of owners for 15 violations of subdivision (b), (c), (d), (f) or (g) of section eleven 16 hundred eighty of this chapter in accordance with section eleven hundred 17 eighty-b of this chapter. For the purposes of this article, a parking 18 violation is the violation of any law, rule or regulation providing for 19 or regulating the parking, stopping or standing of a vehicle. In addi- 20 tion for purposes of this article, "commissioner" shall mean and include 21 the commissioner of traffic of the city or an official possessing 22 authority as such a commissioner. 23 S 2-c. Subdivision 1 of section 236 of the vehicle and traffic law, as 24 separately amended by section 2-c of chapters 99, 101, and 123 of the 25 laws of 2014, is amended to read as follows: 26 1. Creation. In any city as hereinbefore or hereafter authorized such 27 tribunal when created shall be known as the parking violations bureau 28 and, where authorized by local law adopted pursuant to subdivision (a) 29 of section eleven hundred eleven-d of this chapter OR SUBDIVISION (A) OF 30 SECTION ELEVEN HUNDRED ELEVEN-E OF THIS CHAPTER, shall have jurisdiction 31 of traffic infractions which constitute a parking violation and shall 32 adjudicate the liability of owners for violations of subdivision (b), 33 (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in 34 accordance with section eleven hundred eighty-b of this chapter. For the 35 purposes of this article, a parking violation is the violation of any 36 law, rule or regulation providing for or regulating the parking, stop- 37 ping or standing of a vehicle. In addition for purposes of this article, 38 "commissioner" shall mean and include the commissioner of traffic of the 39 city or an official possessing authority as such a commissioner. 40 S 2-d. Subdivision 1 of section 236 of the vehicle and traffic law, as 41 separately amended by section 2-d of chapters 99, 101, and 123 of the 42 laws of 2014, is amended to read as follows: 43 1. Creation. In any city as hereinbefore or hereafter authorized such 44 tribunal when created shall be known as the parking violations bureau 45 and, where authorized by local law adopted pursuant to subdivision (a) 46 of section eleven hundred eleven-d of this chapter OR SUBDIVISION (A) OF 47 SECTION ELEVEN HUNDRED ELEVEN-E OF THIS CHAPTER, shall have jurisdiction 48 of traffic infractions which constitute a parking violation. For the 49 purposes of this article, a parking violation is the violation of any 50 law, rule or regulation providing for or regulating the parking, stop- 51 ping or standing of a vehicle. In addition for purposes of this article, 52 "commissioner" shall mean and include the commissioner of traffic of the 53 city or an official possessing authority as such a commissioner. 54 S 2-e. Subdivision 1 of section 236 of the vehicle and traffic law, as 55 added by chapter 715 of the laws of 1972, is amended to read as follows: S. 5688 7 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. For the 6 purposes of this article, a parking violation is the violation of any 7 law, rule or regulation providing for or regulating the parking, stop- 8 ping or standing of a vehicle. In addition for purposes of this article, 9 "commissioner" shall mean and include the commissioner of traffic of the 10 city or an official possessing authority as such a commissioner. 11 S 3. Section 237 of the vehicle and traffic law is amended by adding a 12 new subdivision 15 to read as follows: 13 15. TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVI- 14 SION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE 15 WITH SECTION ELEVEN HUNDRED ELEVEN-E OF THIS CHAPTER, IF AUTHORIZED BY 16 LOCAL LAW ADOPTED PURSUANT TO SUBDIVISION (A) OF SUCH SECTION ELEVEN 17 HUNDRED ELEVEN-E. 18 S 4. Paragraph f of subdivision 1 of section 239 of the vehicle and 19 traffic law, as separately amended by section 4 of chapters 99, 101, and 20 123 of the laws of 2014, is amended to read as follows: 21 f. "Notice of violation" means a notice of violation as defined in 22 subdivision nine of section two hundred thirty-seven of this article, 23 but shall not be deemed to include a notice of liability issued pursuant 24 to authorization set forth in section eleven hundred eleven-a of this 25 chapter, or sections eleven hundred eleven-b of this chapter as added by 26 sections sixteen of chapters twenty, twenty-one, and twenty-two of the 27 laws of two thousand nine, or section eleven hundred eleven-d of this 28 chapter, OR SECTION ELEVEN HUNDRED ELEVEN-E OF THIS CHAPTER, and shall 29 not be deemed to include a notice of liability issued pursuant to 30 section two thousand nine hundred eighty-five of the public authorities 31 law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven 32 hundred seventy-four of the laws of nineteen hundred fifty and shall not 33 be deemed to include a notice of liability issued pursuant to section 34 eleven hundred eleven-c of this chapter and shall not be deemed to 35 include a notice of liability issued pursuant to section eleven hundred 36 eighty-b of this chapter. 37 S 4-a. Paragraph f of subdivision 1 of section 239 of the vehicle and 38 traffic law, as separately amended by section 4-a of chapters 99, 101, 39 and 123 of the laws of 2014, is amended to read as follows: 40 f. "Notice of violation" means a notice of violation as defined in 41 subdivision nine of section two hundred thirty-seven of this article but 42 shall not be deemed to include a notice of liability issued pursuant to 43 authorization set forth in sections eleven hundred eleven-b of this 44 chapter as added by sections sixteen of chapters twenty, twenty-one, and 45 twenty-two of the laws of two thousand nine or section eleven hundred 46 eleven-d of this chapter OR SECTION ELEVEN HUNDRED ELEVEN-E OF THIS 47 CHAPTER and shall not be deemed to include a notice of liability issued 48 pursuant to section eleven hundred eleven-c of this chapter and shall 49 not be deemed to include a notice of liability issued pursuant to 50 section eleven hundred eighty-b of this chapter. 51 S 4-b. Paragraph f of subdivision 1 of section 239 of the vehicle and 52 traffic law, as separately amended by section 4-b of chapters 99, 101, 53 and 123 of the laws of 2014, is amended to read as follows: 54 f. "Notice of violation" means a notice of violation as defined in 55 subdivision nine of section two hundred thirty-seven of this article and 56 shall not be deemed to include a notice of liability issued pursuant to S. 5688 8 1 authorization set forth in section eleven hundred eleven-d of this chap- 2 ter OR TO A NOTICE OF LIABILITY ISSUED PURSUANT TO AUTHORIZATION SET 3 FORTH IN SECTION ELEVEN HUNDRED ELEVEN-E OF THIS CHAPTER and shall not 4 be deemed to include a notice of liability issued pursuant to section 5 eleven hundred eleven-c of this chapter and shall not be deemed to 6 include a notice of liability issued pursuant to section eleven hundred 7 eighty-b of this chapter. 8 S 4-c. Paragraph f of subdivision 1 of section 239 of the vehicle and 9 traffic law, as separately amended by section 4-c of chapters 99, 101, 10 and 123 of the laws of 2014, is amended to read as follows: 11 f. "Notice of violation" means a notice of violation as defined in 12 subdivision nine of section two hundred thirty-seven of this article and 13 shall not be deemed to include a notice of liability issued pursuant to 14 authorization set forth in section eleven hundred eleven-d of this chap- 15 ter OR TO A NOTICE OF LIABILITY ISSUED PURSUANT TO AUTHORIZATION SET 16 FORTH IN SECTION ELEVEN HUNDRED ELEVEN-E OF THIS CHAPTER and shall not 17 be deemed to include a notice of liability issued pursuant to section 18 eleven hundred eighty-b of this chapter. 19 S 4-d. Paragraph f of subdivision 1 of section 239 of the vehicle and 20 traffic law, as separately amended by section 4-d of chapters 99, 101, 21 and 123 of the laws of 2014, is amended to read as follows: 22 f. "Notice of violation" means a notice of violation as defined in 23 subdivision nine of section two hundred thirty-seven of this article and 24 shall not be deemed to include a notice of liability issued pursuant to 25 authorization set forth in section eleven hundred eleven-d of this chap- 26 ter OR TO A NOTICE OF LIABILITY ISSUED PURSUANT TO AUTHORIZATION SET 27 FORTH IN SECTION ELEVEN HUNDRED ELEVEN-E OF THIS CHAPTER. 28 S 4-e. Paragraph f of subdivision 1 of section 239 of the vehicle and 29 traffic law, as added by chapter 180 of the laws of 1980, is amended to 30 read as follows: 31 f. "Notice of violation" means a notice of violation as defined in 32 subdivision nine of section two hundred thirty-seven of this article AND 33 SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT TO 34 AUTHORIZATION SET FORTH IN SECTION ELEVEN HUNDRED ELEVEN-E OF THIS CHAP- 35 TER. 36 S 5. Subdivisions 1 and 1-a of section 240 of the vehicle and traffic 37 law, as separately amended by section 5 of chapters 99, 101, and 123 of 38 the laws of 2014, are amended to read as follows: 39 1. Notice of hearing. Whenever a person charged with a parking 40 violation enters a plea of not guilty or a person alleged to be liable 41 in accordance with section eleven hundred eleven-a of this chapter or 42 sections eleven hundred eleven-b of this chapter as added by sections 43 sixteen of chapters twenty, twenty-one, and twenty-two of the laws of 44 two thousand nine or section eleven hundred eleven-d of this chapter, OR 45 SECTION ELEVEN HUNDRED ELEVEN-E OF THIS CHAPTER, for a violation of 46 subdivision (d) of section eleven hundred eleven of this chapter 47 contests such allegation, or a person alleged to be liable in accordance 48 with the provisions of section two thousand nine hundred eighty-five of 49 the public authorities law or sections sixteen-a, sixteen-b and 50 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen 51 hundred fifty, or a person alleged to be liable in accordance with the 52 provisions of section eleven hundred eleven-c of this chapter for a 53 violation of a bus lane restriction as defined in such section contests 54 such allegation, or a person alleged to be liable in accordance with the 55 provisions of section eleven hundred eighty-b of this chapter for a 56 violation of subdivision (b), (c), (d), (f) or (g) of section eleven S. 5688 9 1 hundred eighty of this chapter contests such allegation, the bureau 2 shall advise such person personally by such form of first class mail as 3 the director may direct of the date on which he or she must appear to 4 answer the charge at a hearing. The form and content of such notice of 5 hearing shall be prescribed by the director, and shall contain a warning 6 to advise the person so pleading or contesting that failure to appear on 7 the date designated, or on any subsequent adjourned date, shall be 8 deemed an admission of liability, and that a default judgment may be 9 entered thereon. 10 1-a. Fines and penalties. Whenever a plea of not guilty has been 11 entered, or the bureau has been notified that an allegation of liability 12 in accordance with section eleven hundred eleven-a of this chapter or 13 sections eleven hundred eleven-b of this chapter as added by sections 14 sixteen of chapters twenty, twenty-one, and twenty-two of the laws of 15 two thousand nine or section eleven hundred eleven-d of this chapter OR 16 SECTION ELEVEN HUNDRED ELEVEN-E OF THIS CHAPTER or an allegation of 17 liability in accordance with section two thousand nine hundred eighty- 18 five of the public authorities law or sections sixteen-a, sixteen-b and 19 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen 20 hundred fifty or an allegation of liability in accordance with section 21 eleven hundred eleven-c of this chapter or an allegation of liability in 22 accordance with section eleven hundred eighty-b of this chapter, is 23 being contested, by a person in a timely fashion and a hearing upon the 24 merits has been demanded, but has not yet been held, the bureau shall 25 not issue any notice of fine or penalty to that person prior to the date 26 of the hearing. 27 S 5-a. Subdivisions 1 and 1-a of section 240 of the vehicle and traf- 28 fic law, as separately amended by section 5-a of chapters 99, 101, and 29 123 of the laws of 2014, are amended to read as follows: 30 1. Notice of hearing. Whenever a person charged with a parking 31 violation enters a plea of not guilty or a person alleged to be liable 32 in accordance with sections eleven hundred eleven-b of this chapter as 33 added by sections sixteen of chapters twenty, twenty-one, and twenty-two 34 of the laws of two thousand nine or section eleven hundred eleven-d of 35 this chapter OR SECTION ELEVEN HUNDRED ELEVEN-E OF THIS CHAPTER for a 36 violation of subdivision (d) of section eleven hundred eleven of this 37 chapter, or a person alleged to be liable in accordance with the 38 provisions of section eleven hundred eleven-c of this chapter for a 39 violation of a bus lane restriction as defined in such section contests 40 such allegation, or a person alleged to be liable in accordance with the 41 provisions of section eleven hundred eighty-b of this chapter for 42 violations of subdivision (b), (c), (d), (f) or (g) of section eleven 43 hundred eighty of this chapter contests such allegation, the bureau 44 shall advise such person personally by such form of first class mail as 45 the director may direct of the date on which he or she must appear to 46 answer the charge at a hearing. The form and content of such notice of 47 hearing shall be prescribed by the director, and shall contain a warning 48 to advise the person so pleading or contesting that failure to appear on 49 the date designated, or on any subsequent adjourned date, shall be 50 deemed an admission of liability, and that a default judgment may be 51 entered thereon. 52 1-a. Fines and penalties. Whenever a plea of not guilty has been 53 entered, or the bureau has been notified that an allegation of liability 54 in accordance with sections eleven hundred eleven-b of this chapter, as 55 added by sections sixteen of chapters twenty, twenty-one, and twenty-two 56 of the laws of two thousand nine or in accordance with section eleven S. 5688 10 1 hundred eleven-d of this chapter, OR IN ACCORDANCE WITH SECTION ELEVEN 2 HUNDRED ELEVEN-E OF THIS CHAPTER or an allegation of liability in 3 accordance with section eleven hundred eleven-c of this chapter or an 4 allegation of liability in accordance with section eleven hundred eight- 5 y-b of this chapter is being contested, by a person in a timely fashion 6 and a hearing upon the merits has been demanded, but has not yet been 7 held, the bureau shall not issue any notice of fine or penalty to that 8 person prior to the date of the hearing. 9 S 5-b. Subdivisions 1 and 1-a of section 240 of the vehicle and traf- 10 fic law, as separately amended by section 5-b of chapters 99, 101, and 11 123 of the laws of 2014, are amended to read as follows: 12 1. Notice of hearing. Whenever a person charged with a parking 13 violation enters a plea of not guilty or a person alleged to be liable 14 in accordance with section eleven hundred eleven-d of this chapter OR IN 15 ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-E OF THIS CHAPTER or in 16 accordance with the provisions of section eleven hundred eleven-c of 17 this chapter for a violation of a bus lane restriction as defined in 18 such section, contests such allegation, or a person alleged to be liable 19 in accordance with the provisions of section eleven hundred eighty-b of 20 this chapter for violations of subdivision (b), (c), (d), (f) or (g) of 21 section eleven hundred eighty of this chapter contests such allegation, 22 the bureau shall advise such person personally by such form of first 23 class mail as the director may direct of the date on which he or she 24 must appear to answer the charge at a hearing. The form and content of 25 such notice of hearing shall be prescribed by the director, and shall 26 contain a warning to advise the person so pleading that failure to 27 appear on the date designated, or on any subsequent adjourned date, 28 shall be deemed an admission of liability, and that a default judgment 29 may be entered thereon. 30 1-a. Fines and penalties. Whenever a plea of not guilty has been 31 entered, or the bureau has been notified that an allegation of liability 32 in accordance with section eleven hundred eleven-d of this chapter OR IN 33 ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-E OF THIS CHAPTER or in 34 accordance with section eleven hundred eleven-c of this chapter or an 35 allegation of liability in accordance with section eleven hundred eight- 36 y-b of this chapter is being contested, by a person in a timely fashion 37 and a hearing upon the merits has been demanded, but has not yet been 38 held, the bureau shall not issue any notice of fine or penalty to that 39 person prior to the date of the hearing. 40 S 5-c. Subdivisions 1 and 1-a of section 240 of the vehicle and traf- 41 fic law, as separately amended by section 5-c of chapters 99, 101, and 42 123 of the laws of 2014, are amended to read as follows: 43 1. Notice of hearing. Whenever a person charged with a parking 44 violation enters a plea of not guilty, or a person alleged to be liable 45 in accordance with section eleven hundred eleven-d of this chapter, OR A 46 PERSON ALLEGED TO BE LIABLE IN ACCORDANCE WITH SECTION ELEVEN HUNDRED 47 ELEVEN-E OF THIS CHAPTER, or a person alleged to be liable in accordance 48 with the provisions of section eleven hundred eighty-b of this chapter 49 for violations of subdivision (b), (c), (d), (f) or (g) of section elev- 50 en hundred eighty of this chapter contests such allegation, the bureau 51 shall advise such person personally by such form of first class mail as 52 the director may direct of the date on which he or she must appear to 53 answer the charge at a hearing. The form and content of such notice of 54 hearing shall be prescribed by the director, and shall contain a warning 55 to advise the person so pleading that failure to appear on the date 56 designated, or on any subsequent adjourned date, shall be deemed an S. 5688 11 1 admission of liability, and that a default judgment may be entered ther- 2 eon. 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, is being contested, by 10 a person in a timely fashion and a hearing upon the merits has been 11 demanded, but has not yet been held, the bureau shall not issue any 12 notice of fine or penalty to that person prior to the date of the hear- 13 ing. 14 S 5-d. Subdivisions 1 and 1-a of section 240 of the vehicle and traf- 15 fic law, as separately amended by section 5-d of chapters 99, 101, and 16 123 of the laws of 2014, are amended to read as follows: 17 1. Notice of hearing. Whenever a person charged with a parking 18 violation enters a plea of not guilty, or a person alleged to be liable 19 in accordance with section eleven hundred eleven-d of this chapter 20 contests such allegation, OR A PERSON ALLEGED TO BE LIABLE IN ACCORDANCE 21 WITH SECTION ELEVEN HUNDRED ELEVEN-E OF THIS CHAPTER CONTESTS SUCH ALLE- 22 GATION, the bureau shall advise such person personally by such form of 23 first class mail as the director may direct of the date on which he or 24 she must appear to answer the charge at a hearing. The form and content 25 of such notice of hearing shall be prescribed by the director, and shall 26 contain a warning to advise the person so pleading that failure to 27 appear on the date designated, or on any subsequent adjourned date, 28 shall be deemed an admission of liability, and that a default judgment 29 may be entered thereon. 30 1-a. Fines and penalties. Whenever a plea of not guilty has been 31 entered, or the bureau has been notified that an allegation of liability 32 in accordance with section eleven hundred eleven-d of this chapter, is 33 being contested, OR THE BUREAU HAS BEEN NOTIFIED THAT AN ALLEGATION OF 34 LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-E OF THIS 35 CHAPTER, IS BEING CONTESTED, by a person in a timely fashion and a hear- 36 ing upon the merits has been demanded, but has not yet been held, the 37 bureau shall not issue any notice of fine or penalty to that person 38 prior to the date of the hearing. 39 S 5-e. Subdivisions 1 and 1-a of section 240 of the vehicle and traf- 40 fic law, subdivision 1 as added by chapter 715 of the laws of 1972 and 41 subdivision 1-a as added by chapter 365 of the laws of 1978, are amended 42 to read as follows: 43 1. Notice of hearing. Whenever a person charged with a parking 44 violation enters a plea of not guilty, OR A PERSON ALLEGED TO BE LIABLE 45 IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-E OF THIS CHAPTER 46 CONTESTS SUCH ALLEGATION, the bureau shall advise such person personally 47 by such form of first class mail as the director may direct of the date 48 on which he OR SHE must appear to answer the charge at a hearing. The 49 form and content of such notice of hearing shall be prescribed by the 50 director, and shall contain a warning to advise the person so pleading 51 that failure to appear on the date designated, or on any subsequent 52 adjourned date, shall be deemed an admission of liability, and that a 53 default judgment may be entered thereon. 54 1-a. Fines and penalties. Whenever a plea of not guilty has been 55 entered, OR THE BUREAU HAS BEEN NOTIFIED THAT AN ALLEGATION OF LIABILITY 56 IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-E OF THIS CHAPTER, IS S. 5688 12 1 BEING CONTESTED, by a person in a timely fashion and a hearing upon the 2 merits has been demanded, but has not yet been held, the bureau shall 3 not issue any notice of fine or penalty to that person prior to the date 4 of the hearing. 5 S 6. Paragraphs a and g of subdivision 2 of section 240 of the vehicle 6 and traffic law, as separately amended by section 6 of chapters 99, 101, 7 and 123 of the laws of 2014, are amended to read as follows: 8 a. Every hearing for the adjudication of a charge of parking violation 9 or an allegation of liability in accordance with section eleven hundred 10 eleven-a of this chapter or in accordance with sections eleven hundred 11 eleven-b of this chapter as added by sections sixteen of chapters twen- 12 ty, twenty-one, and twenty-two of the laws of two thousand nine or in 13 accordance with section eleven hundred eleven-d of this chapter OR IN 14 ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-E OF THIS CHAPTER or an 15 allegation of liability in accordance with section two thousand nine 16 hundred eighty-five of the public authorities law or sections sixteen-a, 17 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the 18 laws of nineteen hundred fifty or an allegation of liability in accord- 19 ance with section eleven hundred eleven-c of this chapter or an allega- 20 tion of liability in accordance with section eleven hundred eighty-b of 21 this chapter, shall be held before a hearing examiner in accordance with 22 rules and regulations promulgated by the bureau. 23 g. A record shall be made of a hearing on a plea of not guilty or of a 24 hearing at which liability in accordance with section eleven hundred 25 eleven-a of this chapter or in accordance with sections eleven hundred 26 eleven-b of this chapter as added by sections sixteen of chapters twen- 27 ty, twenty-one, and twenty-two of the laws of two thousand nine or in 28 accordance with section eleven hundred eleven-d of this chapter is 29 contested OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-E OF THIS 30 CHAPTER IS CONTESTED or of a hearing at which liability in accordance 31 with section two thousand nine hundred eighty-five of the public author- 32 ities law or sections sixteen-a, sixteen-b and sixteen-c of chapter 33 seven hundred seventy-four of the laws of nineteen hundred fifty is 34 contested or of a hearing at which liability in accordance with section 35 eleven hundred eleven-c of this chapter or a hearing at which liability 36 in accordance with section eleven hundred eighty-b of this chapter is 37 contested. Recording devices may be used for the making of the record. 38 S 6-a. Paragraphs a and g of subdivision 2 of section 240 of the vehi- 39 cle and traffic law, as separately amended by section 6-a of chapters 40 99, 101, and 123 of the laws of 2014, are amended to read as follows: 41 a. Every hearing for the adjudication of a charge of parking violation 42 or an allegation of liability in accordance with sections eleven hundred 43 eleven-b of this chapter, as added by sections sixteen of chapters twen- 44 ty, twenty-one, and twenty-two of the laws of two thousand nine or in 45 accordance with section eleven hundred eleven-d of this chapter OR IN 46 ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-E OF THIS CHAPTER or an 47 allegation of liability in accordance with section eleven hundred 48 eleven-c of this chapter or an allegation of liability in accordance 49 with section eleven hundred eighty-b of this chapter, shall be held 50 before a hearing examiner in accordance with rules and regulations 51 promulgated by the bureau. 52 g. A record shall be made of a hearing on a plea of not guilty or of a 53 hearing at which liability in accordance with sections eleven hundred 54 eleven-b of this chapter, as added by sections sixteen of chapters twen- 55 ty, twenty-one, and twenty-two of the laws of two thousand nine or in 56 accordance with section eleven hundred eleven-d of this chapter OR IN S. 5688 13 1 ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-E OF THIS CHAPTER or of a 2 hearing at which liability in accordance with section eleven hundred 3 eleven-c of this chapter or a hearing at which liability in accordance 4 with section eleven hundred eighty-b of this chapter is contested. 5 Recording devices may be used for the making of the record. 6 S 6-b. Paragraphs a and g of subdivision 2 of section 240 of the vehi- 7 cle and traffic law, as separately amended by section 6-b of chapters 8 99, 101, and 123 of the laws of 2014, are amended to read as follows: 9 a. Every hearing for the adjudication of a charge of parking violation 10 OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED 11 ELEVEN-E OF THIS CHAPTER or an allegation of liability in accordance 12 with section eleven hundred eleven-d of this chapter or an allegation of 13 liability in accordance with section eleven hundred eleven-c of this 14 chapter or an allegation of liability in accordance with section eleven 15 hundred eighty-b of this chapter shall be held before a hearing examiner 16 in accordance with rules and regulations promulgated by the bureau. 17 g. A record shall be made of a hearing on a plea of not guilty OR OF A 18 HEARING AT WHICH LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED 19 ELEVEN-E OF THIS CHAPTER or of a hearing at which liability in accord- 20 ance with section eleven hundred eleven-d of this chapter or of a hear- 21 ing at which liability in accordance with section eleven hundred 22 eleven-c of this chapter or a hearing at which liability in accordance 23 with section eleven hundred eighty-b of this chapter is contested. 24 Recording devices may be used for the making of the record. 25 S 6-c. Paragraphs a and g of subdivision 2 of section 240 of the vehi- 26 cle and traffic law, as separately amended by section 6-c of chapters 27 99, 101, and 123 of the laws of 2014, are amended to read as follows: 28 a. Every hearing for the adjudication of a charge of parking violation 29 OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED 30 ELEVEN-E OF THIS CHAPTER or an allegation of liability in accordance 31 with section eleven hundred eleven-d of this chapter or an allegation of 32 liability in accordance with section eleven hundred eighty-b of this 33 chapter shall be held before a hearing examiner in accordance with rules 34 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 SECTION ELEVEN HUNDRED 37 ELEVEN-E OF THIS CHAPTER or of a hearing at which liability in accord- 38 ance with section eleven hundred eleven-d of this chapter or a hearing 39 at which liability in accordance with section eleven hundred eighty-b of 40 this chapter is contested. Recording devices may be used for the making 41 of the record. 42 S 6-d. Paragraphs a and g of subdivision 2 of section 240 of the vehi- 43 cle and traffic law, as separately amended by section 6-d of chapters 44 99, 101, and 123 of the laws of 2014, are amended to read as follows: 45 a. Every hearing for the adjudication of a charge of parking violation 46 OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED 47 ELEVEN-E OF THIS CHAPTER or an allegation of liability in accordance 48 with section eleven hundred eleven-d of this chapter shall be held 49 before a hearing examiner in accordance with rules and regulations 50 promulgated by the bureau. 51 g. A record shall be made of a hearing on a plea of not guilty or a 52 hearing at which liability in accordance with section eleven hundred 53 eleven-d of this chapter is contested OR A HEARING AT WHICH LIABILITY IN 54 ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-E OF THIS CHAPTER IS 55 CONTESTED. Recording devices may be used for the making of the record. S. 5688 14 1 S 6-e. Paragraphs a and g of subdivision 2 of section 240 of the vehi- 2 cle and traffic law, as added by chapter 715 of the laws of 1972, are 3 amended to read as follows: 4 a. Every hearing for the adjudication of a charge of parking violation 5 OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED 6 ELEVEN-E OF THIS CHAPTER shall be held before a hearing examiner in 7 accordance with rules and regulations promulgated by the bureau. 8 g. A record shall be made of a hearing on a plea of not guilty OR A 9 HEARING AT WHICH LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED 10 ELEVEN-E OF THIS CHAPTER IS CONTESTED. Recording devices may be used 11 for the making of the record. 12 S 7. Subdivisions 1 and 2 of section 241 of the vehicle and traffic 13 law, as separately amended by section 7 of chapters 99, 101, and 123 of 14 the laws of 2014, are amended to read as follows: 15 1. The hearing examiner shall make a determination on the charges, 16 either sustaining or dismissing them. Where the hearing examiner deter- 17 mines that the charges have been sustained he or she may examine either 18 the prior parking violations record or the record of liabilities 19 incurred in accordance with section eleven hundred eleven-a of this 20 chapter or in accordance with sections eleven hundred eleven-b of this 21 chapter as added by sections sixteen of chapters twenty, twenty-one, and 22 twenty-two of the laws of two thousand nine or in accordance with 23 section eleven hundred eleven-d of this chapter OR IN ACCORDANCE WITH 24 SECTION ELEVEN HUNDRED ELEVEN-E OF THIS CHAPTER or the record of liabil- 25 ities incurred in accordance with section two thousand nine hundred 26 eighty-five of the public authorities law or sections sixteen-a, 27 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the 28 laws of nineteen hundred fifty of the person charged, or the record of 29 liabilities incurred in accordance with section eleven hundred eleven-c 30 of this chapter, or the record of liabilities incurred in accordance 31 with section eleven hundred eighty-b of this chapter, as applicable 32 prior to rendering a final determination. Final determinations sustain- 33 ing or dismissing charges shall be entered on a final determination roll 34 maintained by the bureau together with records showing payment and 35 nonpayment of penalties. 36 2. Where an operator or owner fails to enter a plea to a charge of a 37 parking violation or contest an allegation of liability in accordance 38 with section eleven hundred eleven-a of this chapter or in accordance 39 with sections eleven hundred eleven-b of this chapter as added by 40 sections sixteen of chapters twenty, twenty-one, and twenty-two of the 41 laws of two thousand nine or in accordance with section eleven hundred 42 eleven-d of this chapter OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED 43 ELEVEN-E OF THIS CHAPTER or fails to contest an allegation of liability 44 in accordance with section two thousand nine hundred eighty-five of the 45 public authorities law or sections sixteen-a, sixteen-b and sixteen-c of 46 chapter seven hundred seventy-four of the laws of nineteen hundred 47 fifty, or fails to contest an allegation of liability in accordance with 48 section eleven hundred eleven-c of this chapter or fails to contest an 49 allegation of liability in accordance with section eleven hundred eight- 50 y-b of this chapter or fails to appear on a designated hearing date or 51 subsequent adjourned date or fails after a hearing to comply with the 52 determination of a hearing examiner, as prescribed by this article or by 53 rule or regulation of the bureau, such failure to plead or contest, 54 appear or comply shall be deemed, for all purposes, an admission of 55 liability and shall be grounds for rendering and entering a default 56 judgment in an amount provided by the rules and regulations of the S. 5688 15 1 bureau. However, after the expiration of the original date prescribed 2 for entering a plea and before a default judgment may be rendered, in 3 such case the bureau shall pursuant to the applicable provisions of law 4 notify such operator or owner, by such form of first class mail as the 5 commission may direct; (1) of the violation charged, or liability in 6 accordance with section eleven hundred eleven-a of this chapter or in 7 accordance with sections eleven hundred eleven-b of this chapter as 8 added by sections sixteen of chapters twenty, twenty-one, and twenty-two 9 of the laws of two thousand nine or in accordance with section eleven 10 hundred eleven-d of this chapter OR IN ACCORDANCE WITH SECTION ELEVEN 11 HUNDRED ELEVEN-E OF THIS CHAPTER alleged or liability in accordance with 12 section two thousand nine hundred eighty-five of the public authorities 13 law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven 14 hundred seventy-four of the laws of nineteen hundred fifty alleged or 15 liability in accordance with section eleven hundred eleven-c of this 16 chapter or liability in accordance with section eleven hundred eighty-b 17 of this chapter alleged, (2) of the impending default judgment, (3) that 18 such judgment will be entered in the Civil Court of the city in which 19 the bureau has been established, or other court of civil jurisdiction or 20 any other place provided for the entry of civil judgments within the 21 state of New York, and (4) that a default may be avoided by entering a 22 plea or contesting an allegation of liability in accordance with section 23 eleven hundred eleven-a of this chapter or in accordance with sections 24 eleven hundred eleven-b of this chapter as added by sections sixteen of 25 chapters twenty, twenty-one, and twenty-two of the laws of two thousand 26 nine or in accordance with section eleven hundred eleven-d of this chap- 27 ter OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-E OF THIS CHAP- 28 TER or contesting an allegation of liability in accordance with section 29 two thousand nine hundred eighty-five of the public authorities law or 30 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred 31 seventy-four of the laws of nineteen hundred fifty or contesting an 32 allegation of liability in accordance with section eleven hundred 33 eleven-c of this chapter or contesting an allegation of liability in 34 accordance with section eleven hundred eighty-b of this chapter, as 35 appropriate, or making an appearance within thirty days of the sending 36 of such notice. Pleas entered and allegations contested within that 37 period shall be in the manner prescribed in the notice and not subject 38 to additional penalty or fee. Such notice of impending default judgment 39 shall not be required prior to the rendering and entry thereof in the 40 case of operators or owners who are non-residents of the state of New 41 York. In no case shall a default judgment be rendered or, where 42 required, a notice of impending default judgment be sent, more than two 43 years after the expiration of the time prescribed for entering a plea or 44 contesting an allegation. When a person has demanded a hearing, no fine 45 or penalty shall be imposed for any reason, prior to the holding of the 46 hearing. If the hearing examiner shall make a determination on the 47 charges, sustaining them, he or she shall impose no greater penalty or 48 fine than those upon which the person was originally charged. 49 S 7-a. Subdivisions 1 and 2 of section 241 of the vehicle and traffic 50 law, as separately amended by section 7-a of chapters 99, 101, and 123 51 of the laws of 2014, are amended to read as follows: 52 1. The hearing examiner shall make a determination on the charges, 53 either sustaining or dismissing them. Where the hearing examiner deter- 54 mines that the charges have been sustained he or she may examine either 55 the prior parking violations record or the record of liabilities 56 incurred in accordance with sections eleven hundred eleven-b of this S. 5688 16 1 chapter as added by sections sixteen of chapters twenty, twenty-one, and 2 twenty-two of the laws of two thousand nine or in accordance with 3 section eleven hundred eleven-d of this chapter OR IN ACCORDANCE WITH 4 SECTION ELEVEN HUNDRED ELEVEN-E OF THIS CHAPTER of the person charged, 5 or the record of liabilities incurred in accordance with section eleven 6 hundred eleven-c of this chapter, or the record of liabilities incurred 7 in accordance with section eleven hundred eighty-b of this chapter, as 8 applicable prior to rendering a final determination. Final determi- 9 nations sustaining or dismissing charges shall be entered on a final 10 determination roll maintained by the bureau together with records show- 11 ing payment and nonpayment of penalties. 12 2. Where an operator or owner fails to enter a plea to a charge of a 13 parking violation or contest an allegation of liability in accordance 14 with sections eleven hundred eleven-b of this chapter as added by 15 sections sixteen of chapters twenty, twenty-one, and twenty-two of the 16 laws of two thousand nine or in accordance with section eleven hundred 17 eleven-d of this chapter, OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED 18 ELEVEN-E OF THIS CHAPTER, or fails to contest an allegation of liability 19 in accordance with section eleven hundred eleven-c of this chapter, or 20 fails to contest an allegation of liability incurred in accordance with 21 section eleven hundred eighty-b of this chapter, or fails to appear on a 22 designated hearing date or subsequent adjourned date or fails after a 23 hearing to comply with the determination of a hearing examiner, as 24 prescribed by this article or by rule or regulation of the bureau, such 25 failure to plead, contest, appear or comply shall be deemed, for all 26 purposes, an admission of liability and shall be grounds for rendering 27 and entering a default judgment in an amount provided by the rules and 28 regulations of the bureau. However, after the expiration of the original 29 date prescribed for entering a plea and before a default judgment may be 30 rendered, in such case the bureau shall pursuant to the applicable 31 provisions of law notify such operator or owner, by such form of first 32 class mail as the commission may direct; (1) of the violation charged, 33 or liability in accordance with sections eleven hundred eleven-b of this 34 chapter, as added by sections sixteen of chapters twenty, twenty-one, 35 and twenty-two of the laws of two thousand nine or in accordance with 36 section eleven hundred eleven-d of this chapter, OR IN ACCORDANCE WITH 37 SECTION ELEVEN HUNDRED ELEVEN-E OF THIS CHAPTER, or liability in accord- 38 ance with section eleven hundred eleven-c of this chapter or liability 39 in accordance with section eleven hundred eighty-b of this chapter 40 alleged, (2) of the impending default judgment, (3) that such judgment 41 will be entered in the Civil Court of the city in which the bureau has 42 been established, or other court of civil jurisdiction or any other 43 place provided for the entry of civil judgments within the state of New 44 York, and (4) that a default may be avoided by entering a plea or 45 contesting an allegation of liability in accordance with sections eleven 46 hundred eleven-b of this chapter as added by sections sixteen of chap- 47 ters twenty, twenty-one, and twenty-two of the laws of two thousand nine 48 or in accordance with section eleven hundred eleven-d of this chapter OR 49 IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-E OF THIS CHAPTER, or 50 contesting an allegation of liability in accordance with section eleven 51 hundred eleven-c of this chapter or contesting an allegation of liabil- 52 ity in accordance with section eleven hundred eighty-b of this chapter 53 as appropriate, or making an appearance within thirty days of the send- 54 ing of such notice. Pleas entered and allegations contested within that 55 period shall be in the manner prescribed in the notice and not subject 56 to additional penalty or fee. Such notice of impending default judgment S. 5688 17 1 shall not be required prior to the rendering and entry thereof in the 2 case of operators or owners who are non-residents of the state of New 3 York. In no case shall a default judgment be rendered or, where 4 required, a notice of impending default judgment be sent, more than two 5 years after the expiration of the time prescribed for entering a plea or 6 contesting an allegation. When a person has demanded a hearing, no fine 7 or penalty shall be imposed for any reason, prior to the holding of the 8 hearing. If the hearing examiner shall make a determination on the 9 charges, sustaining them, he or she shall impose no greater penalty or 10 fine than those upon which the person was originally charged. 11 S 7-b. Subdivisions 1 and 2 of section 241 of the vehicle and traffic 12 law, as separately amended by section 7-b of chapters 99, 101, and 123 13 of the laws of 2014, are amended to read as follows: 14 1. The hearing examiner shall make a determination on the charges, 15 either sustaining or dismissing them. Where the hearing examiner deter- 16 mines that the charges have been sustained he or she may examine the 17 prior parking violations record OR THE RECORD OF LIABILITIES INCURRED IN 18 ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-E OF THIS CHAPTER OF THE 19 PERSON CHARGED, or the record of liabilities incurred in accordance with 20 section eleven hundred eleven-d of this chapter of the person charged, 21 or the record of liabilities incurred in accordance with section eleven 22 hundred eleven-c of this chapter, or the record of liabilities incurred 23 in accordance with section eleven hundred eighty-b of this chapter, as 24 applicable, prior to rendering a final determination. Final determi- 25 nations sustaining or dismissing charges shall be entered on a final 26 determination roll maintained by the bureau together with records show- 27 ing payment and 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 SECTION ELEVEN HUNDRED ELEVEN-E OF THIS CHAPTER, OR contest an 31 allegation of liability in accordance with section eleven hundred 32 eleven-d of this chapter, or fails to contest an allegation of liability 33 in accordance with section eleven hundred eleven-c of this chapter, or 34 fails to contest an allegation of liability incurred in accordance with 35 section eleven hundred eighty-b of this chapter, or fails to appear on a 36 designated hearing date or subsequent adjourned date or fails after a 37 hearing to comply with the determination of a hearing examiner, as 38 prescribed by this article or by rule or regulation of the bureau, such 39 failure to plead, appear or comply shall be deemed, for all purposes, an 40 admission of liability and shall be grounds for rendering and entering a 41 default judgment in an amount provided by the rules and regulations of 42 the bureau. However, after the expiration of the original date 43 prescribed for entering a plea and before a default judgment may be 44 rendered, in such case the bureau shall pursuant to the applicable 45 provisions of law notify such operator or owner, by such form of first 46 class mail as the commission may direct; (1) of the violation charged, 47 OR LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-E OF THIS 48 CHAPTER, or liability in accordance with section eleven hundred eleven-d 49 of this chapter, or alleged liability in accordance with section eleven 50 hundred eleven-c of this chapter or alleged liability in accordance with 51 section eleven hundred eighty-b of this chapter, (2) of the impending 52 default judgment, (3) that such judgment will be entered in the Civil 53 Court of the city in which the bureau has been established, or other 54 court of civil jurisdiction or any other place provided for the entry of 55 civil judgments within the state of New York, and (4) that a default may 56 be avoided by entering a plea OR CONTESTING AN ALLEGATION OF LIABILITY S. 5688 18 1 IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-E OF THIS CHAPTER or 2 contesting an allegation of liability in accordance with section eleven 3 hundred eleven-d of this chapter or contesting an allegation of liabil- 4 ity in accordance with section eleven hundred eleven-c of this chapter 5 or contesting an allegation of liability in accordance with section 6 eleven hundred eighty-b of this chapter or making an appearance within 7 thirty days of the sending of such notice. Pleas entered within that 8 period shall be in the manner prescribed in the notice and not subject 9 to additional penalty or fee. Such notice of impending default judgment 10 shall not be required prior to the rendering and entry thereof in the 11 case of operators or owners who are non-residents of the state of New 12 York. In no case shall a default judgment be rendered or, where 13 required, a notice of impending default judgment be sent, more than two 14 years after the expiration of the time prescribed for entering a plea. 15 When a person has demanded a hearing, no fine or penalty shall be 16 imposed for any reason, prior to the holding of the hearing. If the 17 hearing examiner shall make a determination on the charges, sustaining 18 them, he or she shall impose no greater penalty or fine than those upon 19 which the person was originally charged. 20 S 7-c. Subdivisions 1 and 2 of section 241 of the vehicle and traffic 21 law, as separately amended by section 7-c of chapters 99, 101, and 123 22 of the laws of 2014, are amended to read as follows: 23 1. The hearing examiner shall make a determination on the charges, 24 either sustaining or dismissing them. Where the hearing examiner deter- 25 mines that the charges have been sustained he or she may examine either 26 the prior parking violations record or the record of liabilities 27 incurred in accordance with section eleven hundred eleven-d of this 28 chapter of the person charged, OR THE RECORD OF LIABILITIES INCURRED IN 29 ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-E OF THIS CHAPTER OF THE 30 PERSON CHARGED or the record of liabilities incurred in accordance with 31 section eleven hundred eighty-b of this chapter, as applicable, prior to 32 rendering a final determination. Final determinations sustaining or 33 dismissing charges shall be entered on a final determination roll main- 34 tained by the bureau together with records showing payment and nonpay- 35 ment of penalties. 36 2. Where an operator or owner fails to enter a plea to a charge of a 37 parking violation OR CONTEST AN ALLEGATION OF LIABILITY IN ACCORDANCE 38 WITH SECTION ELEVEN HUNDRED ELEVEN-E OF THIS CHAPTER or contest an alle- 39 gation of liability in accordance with section eleven hundred eleven-d 40 of this chapter or fails to contest an allegation of liability incurred 41 in accordance with section eleven hundred eighty-b of this chapter or 42 fails to appear on a designated hearing date or subsequent adjourned 43 date or fails after a hearing to comply with the determination of a 44 hearing examiner, as prescribed by this article or by rule or regulation 45 of the bureau, such failure to plead, appear or comply shall be deemed, 46 for all purposes, an admission of liability and shall be grounds for 47 rendering and entering a default judgment in an amount provided by the 48 rules and regulations of the bureau. However, after the expiration of 49 the original date prescribed for entering a plea and before a default 50 judgment may be rendered, in such case the bureau shall pursuant to the 51 applicable provisions of law notify such operator or owner, by such form 52 of first class mail as the commission may direct; (1) of the violation 53 charged OR LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-E 54 OF THIS CHAPTER or liability in accordance with section eleven hundred 55 eleven-d of this chapter or liability in accordance with section eleven 56 hundred eighty-b of this chapter alleged, (2) of the impending default S. 5688 19 1 judgment, (3) that such judgment will be entered in the Civil Court of 2 the city in which the bureau has been established, or other court of 3 civil jurisdiction or any other place provided for the entry of civil 4 judgments within the state of New York, and (4) that a default may be 5 avoided by entering a plea OR CONTESTING AN ALLEGATION OF LIABILITY IN 6 ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-E OF THIS CHAPTER or 7 contesting an allegation of liability in accordance with section eleven 8 hundred eleven-d of this chapter or contesting an allegation of liabil- 9 ity in accordance with section eleven hundred eighty-b of this chapter 10 or making an appearance within thirty days of the sending of such 11 notice. Pleas entered within that period shall be in the manner 12 prescribed in the notice and not subject to additional penalty or fee. 13 Such notice of impending default judgment shall not be required prior to 14 the rendering and entry thereof in the case of operators or owners who 15 are non-residents of the state of New York. In no case shall a default 16 judgment be rendered or, where required, a notice of impending default 17 judgment be sent, more than two years after the expiration of the time 18 prescribed for entering a plea. When a person has demanded a hearing, no 19 fine or penalty shall be imposed for any reason, prior to the holding of 20 the hearing. If the hearing examiner shall make a determination on the 21 charges, sustaining them, he shall impose no greater penalty or fine 22 than those upon which the person was originally charged. 23 S 7-d. Subdivisions 1 and 2 of section 241 of the vehicle and traffic 24 law, as separately amended by section 7-d of chapters 99, 101, and 123 25 of the laws of 2014, are amended to read as follows: 26 1. The hearing examiner shall make a determination on the charges, 27 either sustaining or dismissing them. Where the hearing examiner deter- 28 mines that the charges have been sustained he or she may examine either 29 the prior parking violations record OR THE RECORD OF LIABILITIES 30 INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-E OF THIS 31 CHAPTER OF THE PERSON CHARGED or the record of liabilities incurred in 32 accordance with section eleven hundred eleven-d of this chapter of the 33 person charged, as applicable, prior to rendering a final determination. 34 Final determinations sustaining or dismissing charges shall be entered 35 on a final determination roll maintained by the bureau together with 36 records showing payment and nonpayment of penalties. 37 2. Where an operator or owner fails to enter a plea to a charge of a 38 parking violation OR CONTEST AN ALLEGATION OF LIABILITY IN ACCORDANCE 39 WITH SECTION ELEVEN HUNDRED ELEVEN-E OF THIS CHAPTER or contest an alle- 40 gation of liability in accordance with section eleven hundred eleven-d 41 of this chapter or fails to appear on a designated hearing date or 42 subsequent adjourned date or fails after a hearing to comply with the 43 determination of a hearing examiner, as prescribed by this article or by 44 rule or regulation of the bureau, such failure to plead, appear or 45 comply shall be deemed, for all purposes, an admission of liability and 46 shall be grounds for rendering and entering a default judgment in an 47 amount provided by the rules and regulations of the bureau. However, 48 after the expiration of the original date prescribed for entering a plea 49 and before a default judgment may be rendered, in such case the bureau 50 shall pursuant to the applicable provisions of law notify such operator 51 or owner, by such form of first class mail as the commission may direct; 52 (1) of the violation charged OR LIABILITY IN ACCORDANCE WITH SECTION 53 ELEVEN HUNDRED ELEVEN-E OF THIS CHAPTER ALLEGED or liability in accord- 54 ance with section eleven hundred eleven-d of this chapter alleged, (2) 55 of the impending default judgment, (3) that such judgment will be 56 entered in the Civil Court of the city in which the bureau has been S. 5688 20 1 established, or other court of civil jurisdiction or any other place 2 provided for the entry of civil judgments within the state of New York, 3 and (4) that a default may be avoided by entering a plea OR CONTESTING 4 AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED 5 ELEVEN-E OF THIS CHAPTER or contesting an allegation of liability in 6 accordance with section eleven hundred eleven-d of this chapter or 7 making an appearance within thirty days of the sending of such notice. 8 Pleas entered within that period shall be in the manner prescribed in 9 the notice and not subject to additional penalty or fee. Such notice of 10 impending default judgment shall not be required prior to the rendering 11 and entry thereof in the case of operators or owners who are non-resi- 12 dents of the state of New York. In no case shall a default judgment be 13 rendered or, where required, a notice of impending default judgment be 14 sent, more than two years after the expiration of the time prescribed 15 for entering a plea. When a person has demanded a hearing, no fine or 16 penalty shall be imposed for any reason, prior to the holding of the 17 hearing. If the hearing examiner shall make a determination on the 18 charges, sustaining them, he shall impose no greater penalty or fine 19 than those upon which the person was originally charged. 20 S 7-e. Subdivisions 1 and 2 of section 241 of the vehicle and traffic 21 law, subdivision 1 as added by chapter 715 of the laws of 1972 and 22 subdivision 2 as amended by chapter 365 of the laws of 1978, are amended 23 to read as follows: 24 1. The hearing examiner shall make a determination on the charges, 25 either sustaining or dismissing them. Where the hearing examiner deter- 26 mines that the charges have been sustained he OR SHE may examine the 27 prior parking violations record OR THE RECORD OF LIABILITIES INCURRED IN 28 ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-E OF THIS CHAPTER of the 29 person charged, AS APPLICABLE, prior to rendering a final determination. 30 Final determinations sustaining or dismissing charges shall be entered 31 on a final determination roll maintained by the bureau together with 32 records showing payment and nonpayment of penalties. 33 2. Where an operator or owner fails to enter a plea to a charge of a 34 parking violation OR CONTEST AN ALLEGATION OF LIABILITY IN ACCORDANCE 35 WITH SECTION ELEVEN HUNDRED ELEVEN-E OF THIS CHAPTER or fails to appear 36 on a designated hearing date or subsequent adjourned date or fails after 37 a hearing to comply with the determination of a hearing examiner, as 38 prescribed by this article or by rule or regulation of the bureau, such 39 failure to plead, appear or comply shall be deemed, for all purposes, an 40 admission of liability and shall be grounds for rendering and entering a 41 default judgment in an amount provided by the rules and regulations of 42 the bureau. However, after the expiration of the original date 43 prescribed for entering a plea and before a default judgment may be 44 rendered, in such case the bureau shall pursuant to the applicable 45 provisions of law notify such operator or owner, by such form of first 46 class mail as the commission may direct; (1) of the violation charged OR 47 LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-E OF THIS 48 CHAPTER ALLEGED, (2) of the impending default judgment, (3) that such 49 judgment will be entered in the Civil Court of the city in which the 50 bureau has been established, or other court of civil jurisdiction or any 51 other place provided for the entry of civil judgments within the state 52 of New York, and (4) that a default may be avoided by entering a plea OR 53 CONTESTING AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN 54 HUNDRED ELEVEN-E OF THIS CHAPTER or making an appearance within thirty 55 days of the sending of such notice. Pleas entered within that period 56 shall be in the manner prescribed in the notice and not subject to addi- S. 5688 21 1 tional penalty or fee. Such notice of impending default judgment shall 2 not be required prior to the rendering and entry thereof in the case of 3 operators or owners who are non-residents of the state of New York. In 4 no case shall a default judgment be rendered or, where required, a 5 notice of impending default judgment be sent, more than two years after 6 the expiration of the time prescribed for entering a plea. When a person 7 has demanded a hearing, no fine or penalty shall be imposed for any 8 reason, prior to the holding of the hearing. If the hearing examiner 9 shall make a determination on the charges, sustaining them, he shall 10 impose no greater penalty or fine than those upon which the person was 11 originally charged. 12 S 8. Subparagraph (i) of paragraph a of subdivision 5-a of section 401 13 of the vehicle and traffic law, as separately amended by section 1 of 14 chapter 43, and section 8 of chapters 99, 101 and 123 of the laws of 15 2014, is amended to read as follows: 16 (i) If at the time of application for a registration or renewal there- 17 of there is a certification from a court, parking violations bureau, 18 traffic and parking violations agency or administrative tribunal of 19 appropriate jurisdiction that the registrant or his or her represen- 20 tative failed to appear on the return date or any subsequent adjourned 21 date or failed to comply with the rules and regulations of an adminis- 22 trative tribunal following entry of a final decision in response to a 23 total of three or more summonses or other process in the aggregate, 24 issued within an eighteen month period, charging either that: (i) such 25 motor vehicle was parked, stopped or standing, or that such motor vehi- 26 cle was operated for hire by the registrant or his or her agent without 27 being licensed as a motor vehicle for hire by the appropriate local 28 authority, in violation of any of the provisions of this chapter or of 29 any law, ordinance, rule or regulation made by a local authority; or 30 (ii) the registrant was liable in accordance with section eleven hundred 31 eleven-a, section eleven hundred eleven-b or section eleven hundred 32 eleven-d of this chapter for a violation of subdivision (d) of section 33 eleven hundred eleven of this chapter; or (iii) the registrant was 34 liable in accordance with section eleven hundred eleven-c of this chap- 35 ter for a violation of a bus lane restriction as defined in such 36 section, or (iv) the registrant was liable in accordance with section 37 eleven hundred eighty-b of this chapter for a violation of subdivision 38 (c) or (d) of section eleven hundred eighty of this chapter, or (v) the 39 registrant was liable in accordance with section eleven hundred eighty-c 40 of this chapter for a violation of subdivision (c) or (d) of section 41 eleven hundred eighty of this chapter; OR (VI) THE REGISTRANT WAS LIABLE 42 IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-E OF THIS CHAPTER FOR A 43 VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS 44 CHAPTER, the commissioner or his or her agent shall deny the registra- 45 tion or renewal application until the applicant provides proof from the 46 court, traffic and parking violations agency or administrative tribunal 47 wherein the charges are pending that an appearance or answer has been 48 made or in the case of an administrative tribunal that he or she has 49 complied with the rules and regulations of said tribunal following entry 50 of a final decision. Where an application is denied pursuant to this 51 section, the commissioner may, in his or her discretion, deny a regis- 52 tration or renewal application to any other person for the same vehicle 53 and may deny a registration or renewal application for any other motor 54 vehicle registered in the name of the applicant where the commissioner 55 has determined that such registrant's intent has been to evade the 56 purposes of this subdivision and where the commissioner has reasonable S. 5688 22 1 grounds to believe that such registration or renewal will have the 2 effect of defeating the purposes of this subdivision. Such denial shall 3 only remain in effect as long as the summonses remain unanswered, or in 4 the case of an administrative tribunal, the registrant fails to comply 5 with the rules and regulations following entry of a final decision. 6 S 8-a. Paragraph a of subdivision 5-a of section 401 of the vehicle 7 and traffic law, as separately amended by section 1-a of chapter 43, and 8 section 8-a of chapters 99, 101 and 123 of the laws of 2014, is amended 9 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 a 16 total of three or more summonses or other process in the aggregate, 17 issued within an eighteen month period, charging either that: (i) such 18 motor vehicle was parked, stopped or standing, or that such motor vehi- 19 cle was operated for hire by the registrant or his or her agent without 20 being licensed as a motor vehicle for hire by the appropriate local 21 authority, in violation of any of the provisions of this chapter or of 22 any law, ordinance, rule or regulation made by a local authority; or 23 (ii) the registrant was liable in accordance with section eleven hundred 24 eleven-b of this chapter for a violation of subdivision (d) of section 25 eleven hundred eleven of this chapter; or (iii) the registrant was 26 liable in accordance with section eleven hundred eleven-c of this chap- 27 ter for a violation of a bus lane restriction as defined in such 28 section; or (iv) the registrant was liable in accordance with section 29 eleven hundred eleven-d of this chapter for a violation of subdivision 30 (d) of section eleven hundred eleven of this chapter or (v) the regis- 31 trant was liable in accordance with section eleven hundred eighty-b of 32 this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of 33 section eleven hundred eighty of this chapter; or (v) the registrant was 34 liable in accordance with section eleven hundred eighty-c of this chap- 35 ter for a violation of subdivision (b), (c), (d), (f) or (g) of section 36 eleven hundred eighty of this chapter; OR (VI) THE REGISTRANT WAS LIABLE 37 IN 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. 5688 23 1 S 8-b. Paragraph a of subdivision 5-a of section 401 of the vehicle 2 and traffic law, as separately amended by section 1-b of chapter 43, and 3 section 8-b of chapters 99, 101 and 123 of the laws of 2014, is amended 4 to read as follows: 5 a. If at the time of application for a registration or renewal thereof 6 there is a certification from a court or administrative tribunal of 7 appropriate jurisdiction that the registrant or his or her represen- 8 tative failed to appear on the return date or any subsequent adjourned 9 date or failed to comply with the rules and regulations of an adminis- 10 trative tribunal following entry of a final decision in response to 11 three or more summonses or other process, issued within an eighteen 12 month period, charging that: (i) such motor vehicle was parked, stopped 13 or standing, or that such motor vehicle was operated for hire by the 14 registrant or his or her agent without being licensed as a motor vehicle 15 for hire by the appropriate local authority, in violation of any of the 16 provisions of this chapter or of any law, ordinance, rule or regulation 17 made by a local authority; or (ii) the registrant was liable in accord- 18 ance with section eleven hundred eleven-c of this chapter for a 19 violation of a bus lane restriction as defined in such section; or (iii) 20 the registrant was liable in accordance with section eleven hundred 21 eleven-d of this chapter for a violation of subdivision (d) of section 22 eleven hundred eleven of this chapter; or (iv) the registrant was liable 23 in accordance with section eleven hundred eighty-b of this chapter for a 24 violation of subdivision (b), (c), (d), (f) or (g) of section eleven 25 hundred eighty of this chapter, or the registrant was liable in accord- 26 ance with section eleven hundred eighty-c of this chapter for a 27 violation of subdivision (b), (c), (d), (f) or (g) of section eleven 28 hundred eighty of this chapter[,]; OR (V) THE REGISTRANT WAS LIABLE IN 29 ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-E OF THIS CHAPTER FOR A 30 VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS 31 CHAPTER, the commissioner or his or her agent shall deny the registra- 32 tion or renewal application until the applicant provides proof from the 33 court or administrative tribunal wherein the charges are pending that an 34 appearance or answer has been made or in the case of an administrative 35 tribunal that he or she has complied with the rules and regulations of 36 said tribunal following entry of a final decision. Where an application 37 is denied pursuant to this section, the commissioner may, in his or her 38 discretion, deny a registration or renewal application to any other 39 person for the same vehicle and may deny a registration or renewal 40 application for any other motor vehicle registered in the name of the 41 applicant where the commissioner has determined that such registrant's 42 intent has been to evade the purposes of this subdivision and where the 43 commissioner has reasonable grounds to believe that such registration or 44 renewal will have the effect of defeating the purposes of this subdivi- 45 sion. Such denial shall only remain in effect as long as the summonses 46 remain unanswered, or in the case of an administrative tribunal, the 47 registrant fails to comply with the rules and regulations following 48 entry of a final decision. 49 S 8-c. Paragraph a of subdivision 5-a of section 401 of the vehicle 50 and traffic law, as separately amended by section 1-c of chapter 43, and 51 section 8-c of chapters 99, 101 and 123 of the laws of 2014, is amended 52 to read as follows: 53 a. If at the time of application for a registration or renewal thereof 54 there is a certification from a court or administrative tribunal of 55 appropriate jurisdiction that the registrant or his OR HER represen- 56 tative failed to appear on the return date or any subsequent adjourned S. 5688 24 1 date or failed to comply with the rules and regulations of an adminis- 2 trative tribunal following entry of a final decision in response to 3 three or more summonses or other process, issued within an eighteen 4 month period, charging that: (i) such motor vehicle was parked, stopped 5 or standing, or that such motor vehicle was operated for hire by the 6 registrant or his OR HER agent without being licensed as a motor vehicle 7 for hire by the appropriate local authority, in violation of any of the 8 provisions of this chapter or of any law, ordinance, rule or regulation 9 made by a local authority; or (ii) the registrant was liable in accord- 10 ance with section eleven hundred eleven-d of this chapter for a 11 violation of subdivision (d) of section eleven hundred eleven of this 12 chapter; or (iii) the registrant was liable in accordance with section 13 eleven hundred eighty-b of this chapter for violations of subdivision 14 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- 15 ter, or the registrant was liable in accordance with section eleven 16 hundred eighty-c of this chapter for violations of subdivision (b), (c), 17 (d), (f) or (g) of section eleven hundred eighty of this chapter[,]; OR 18 (IV) THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION ELEVEN HUNDRED 19 ELEVEN-E OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (D) OF SECTION 20 ELEVEN HUNDRED ELEVEN OF THIS CHAPTER, the commissioner or his OR HER 21 agent shall deny the registration or renewal application until the 22 applicant provides proof from the court or administrative tribunal wher- 23 ein the charges are pending that an appearance or answer has been made 24 or in the case of an administrative tribunal that he has complied with 25 the rules and regulations of said tribunal following entry of a final 26 decision. Where an application is denied pursuant to this section, the 27 commissioner may, in his OR HER discretion, deny a registration or 28 renewal application to any other person for the same vehicle and may 29 deny a registration or renewal application for any other motor vehicle 30 registered in the name of the applicant where the commissioner has 31 determined that such registrant's intent has been to evade the purposes 32 of this subdivision and where the commissioner has reasonable grounds to 33 believe that such registration or renewal will have the effect of 34 defeating the purposes of this subdivision. Such denial shall only 35 remain in effect as long as the summonses remain unanswered, or in the 36 case of an administrative tribunal, the registrant fails to comply with 37 the rules and regulations following entry of a final decision. 38 S 8-d. Paragraph a of subdivision 5-a of section 401 of the vehicle 39 and traffic law, as separately amended by section 1-d of chapter 43, and 40 section 8-d of chapters 99, 101 and 123 of the laws of 2014, is amended 41 to read as follows: 42 a. If at the time of application for a registration or renewal thereof 43 there is a certification from a court or administrative tribunal of 44 appropriate jurisdiction that the registrant or his OR HER represen- 45 tative failed to appear on the return date or any subsequent adjourned 46 date or failed to comply with the rules and regulations of an adminis- 47 trative tribunal following entry of a final decision in response to 48 three or more summonses or other process, issued within an eighteen 49 month period, charging that such motor vehicle was parked, stopped or 50 standing, or that such motor vehicle was operated for hire by the regis- 51 trant or his agent without being licensed as a motor vehicle for hire by 52 the appropriate local authority, in violation of any of the provisions 53 of this chapter or of any law, ordinance, rule or regulation made by a 54 local authority, or the registrant was liable in accordance with section 55 eleven hundred eighty-c of this chapter for violations of subdivision 56 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- S. 5688 25 1 ter, or the registrant was liable in accordance with section eleven 2 hundred eleven-d of this chapter for a violation of subdivision (d) of 3 section eleven hundred eleven of this chapter, OR THE REGISTRANT WAS 4 LIABLE IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-E OF THIS CHAP- 5 TER FOR A VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN 6 OF THIS CHAPTER, the commissioner or his OR HER agent shall deny the 7 registration or renewal application until the applicant provides proof 8 from the court or administrative tribunal wherein the charges are pend- 9 ing that an appearance or answer has been made or in the case of an 10 administrative tribunal that he OR SHE has complied with the rules and 11 regulations of said tribunal following entry of a final decision. Where 12 an application is denied pursuant to this section, the commissioner may, 13 in his OR HER discretion, deny a registration or renewal application to 14 any other person for the same vehicle and may deny a registration or 15 renewal application for any other motor vehicle registered in the name 16 of the applicant where the commissioner has determined that such regis- 17 trant's intent has been to evade the purposes of this subdivision and 18 where the commissioner has reasonable grounds to believe that such 19 registration or renewal will have the effect of defeating the purposes 20 of this subdivision. Such denial shall only remain in effect as long as 21 the summonses remain unanswered, or in the case of an administrative 22 tribunal, the registrant fails to comply with the rules and regulations 23 following entry of a final decision. 24 S 8-e. Paragraph a of subdivision 5-a of section 401 of the vehicle 25 and traffic law, as separately amended by section 8-d of chapters 99, 26 101 and 123 of the laws of 2014, is amended to read as follows: 27 a. If at the time of application for a registration or renewal thereof 28 there is a certification from a court or administrative tribunal of 29 appropriate jurisdiction that the registrant or his OR HER represen- 30 tative failed to appear on the return date or any subsequent adjourned 31 date or failed to comply with the rules and regulations of an adminis- 32 trative tribunal following entry of a final decision in response to 33 three or more summonses or other process, issued within an eighteen 34 month period, charging that such motor vehicle was parked, stopped or 35 standing, or that such motor vehicle was operated for hire by the regis- 36 trant or his OR HER agent without being licensed as a motor vehicle for 37 hire by the appropriate local authority, in violation of any of the 38 provisions of this chapter or of any law, ordinance, rule or regulation 39 made by a local authority, or the registrant was liable in accordance 40 with section eleven hundred eleven-d of this chapter for a violation of 41 subdivision (d) of section eleven hundred eleven of this chapter, OR THE 42 REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-E 43 OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN 44 HUNDRED ELEVEN OF THIS CHAPTER, the commissioner or his OR HER agent 45 shall deny the registration or renewal application until the applicant 46 provides proof from the court or administrative tribunal wherein the 47 charges are pending that an appearance or answer has been made or in the 48 case of an administrative tribunal that he has complied with the rules 49 and regulations of said tribunal following entry of a final decision. 50 Where an application is denied pursuant to this section, the commission- 51 er may, in his OR HER discretion, deny a registration or renewal appli- 52 cation to any other person for the same vehicle and may deny a registra- 53 tion or renewal application for any other motor vehicle registered in 54 the name of the applicant where the commissioner has determined that 55 such registrant's intent has been to evade the purposes of this subdivi- 56 sion and where the commissioner has reasonable grounds to believe that S. 5688 26 1 such registration or renewal will have the effect of defeating the 2 purposes of this subdivision. Such denial shall only remain in effect as 3 long as the summonses remain unanswered, or in the case of an adminis- 4 trative tribunal, the registrant fails to comply with the rules and 5 regulations following entry of a final decision. 6 S 8-f. Paragraph a of subdivision 5-a of section 401 of the vehicle 7 and traffic law, as separately amended by chapters 339 and 592 of the 8 laws of 1987, is amended to read as follows: 9 a. If at the time of application for a registration or renewal thereof 10 there is a certification from a court or administrative tribunal of 11 appropriate jurisdiction that the registrant or his OR HER represen- 12 tative failed to appear on the return date or any subsequent adjourned 13 date or failed to comply with the rules and regulations of an adminis- 14 trative tribunal following entry of a final decision in response to 15 three or more summonses or other process, issued within an eighteen 16 month period, charging that such motor vehicle was parked, stopped or 17 standing, or that such motor vehicle was operated for hire by the regis- 18 trant or his OR HER agent without being licensed as a motor vehicle for 19 hire by the appropriate local authority, in violation of any of the 20 provisions of this chapter or of any law, ordinance, rule or regulation 21 made by a local authority, OR THE REGISTRANT WAS LIABLE IN ACCORDANCE 22 WITH SECTION ELEVEN HUNDRED ELEVEN-E OF THIS CHAPTER FOR A VIOLATION OF 23 SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER, the 24 commissioner or his OR HER agent shall deny the registration or renewal 25 application until the applicant provides proof from the court or admin- 26 istrative tribunal wherein the charges are pending that an appearance or 27 answer has been made or in the case of an administrative tribunal that 28 he has complied with the rules and regulations of said tribunal follow- 29 ing entry of a final decision. Where an application is denied pursuant 30 to this section, the commissioner may, in his OR HER discretion, deny a 31 registration or renewal application to any other person for the same 32 vehicle and may deny a registration or renewal application for any other 33 motor vehicle registered in the name of the applicant where the commis- 34 sioner has determined that such registrant's intent has been to evade 35 the purposes of this subdivision and where the commissioner has reason- 36 able grounds to believe that such registration or renewal will have the 37 effect of defeating the purposes of this subdivision. Such denial shall 38 only remain in effect as long as the summonses remain unanswered, or in 39 the case of an administrative tribunal, the registrant fails to comply 40 with the rules and regulations following entry of a final decision. 41 S 9. The vehicle and traffic law is amended by adding a new section 42 1111-e to read as follows: 43 S 1111-E. OWNER LIABILITY FOR FAILURE OF OPERATOR TO COMPLY WITH 44 TRAFFIC-CONTROL INDICATIONS. (A) 1. NOTWITHSTANDING ANY OTHER PROVISION 45 OF LAW, THE CITY OF WHITE PLAINS IS HEREBY AUTHORIZED AND EMPOWERED TO 46 ADOPT AND AMEND A LOCAL LAW OR ORDINANCE ESTABLISHING A DEMONSTRATION 47 PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAIL- 48 URE OF AN OPERATOR THEREOF TO COMPLY WITH TRAFFIC-CONTROL INDICATIONS IN 49 SUCH CITY IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. SUCH DEMON- 50 STRATION PROGRAM SHALL EMPOWER SUCH CITY TO INSTALL AND OPERATE TRAFF- 51 IC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING DEVICES AT NO MORE THAN 52 TWELVE INTERSECTIONS WITHIN SUCH CITY AT ANY ONE TIME. 53 2. SUCH DEMONSTRATION PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES TO 54 ENSURE, TO THE EXTENT PRACTICABLE, THAT PHOTOGRAPHS PRODUCED BY SUCH 55 TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING SYSTEMS SHALL NOT 56 INCLUDE IMAGES THAT IDENTIFY THE DRIVER, THE PASSENGERS, OR THE CONTENTS S. 5688 27 1 OF THE VEHICLE. PROVIDED, HOWEVER, THAT NO NOTICE OF LIABILITY ISSUED 2 PURSUANT TO THIS SECTION SHALL BE DISMISSED SOLELY BECAUSE A PHOTOGRAPH 3 OR PHOTOGRAPHS ALLOW FOR THE IDENTIFICATION OF THE CONTENTS OF A VEHI- 4 CLE, PROVIDED THAT SUCH CITY HAS MADE A REASONABLE EFFORT TO COMPLY WITH 5 THE PROVISIONS OF THIS PARAGRAPH. 6 (B) IN ANY SUCH CITY WHICH HAS ADOPTED A LOCAL LAW OR ORDINANCE PURSU- 7 ANT TO SUBDIVISION (A) OF THIS SECTION, THE OWNER OF A VEHICLE SHALL BE 8 LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION IF SUCH VEHICLE 9 WAS USED OR OPERATED WITH THE PERMISSION OF THE OWNER, EXPRESS OR 10 IMPLIED, IN VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEV- 11 EN OF THIS ARTICLE, AND SUCH VIOLATION IS EVIDENCED BY INFORMATION 12 OBTAINED FROM A TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING 13 SYSTEM; PROVIDED HOWEVER THAT NO OWNER OF A VEHICLE SHALL BE LIABLE FOR 14 A PENALTY IMPOSED PURSUANT TO THIS SECTION WHERE THE OPERATOR OF SUCH 15 VEHICLE HAS BEEN CONVICTED OF THE UNDERLYING VIOLATION OF SUBDIVISION 16 (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE. 17 (C) FOR PURPOSES OF THIS SECTION, "OWNER" SHALL HAVE THE MEANING 18 PROVIDED IN ARTICLE TWO-B OF THIS CHAPTER. FOR PURPOSES OF THIS SECTION, 19 "TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING SYSTEM" SHALL MEAN A 20 VEHICLE SENSOR INSTALLED TO WORK IN CONJUNCTION WITH A TRAFFIC-CONTROL 21 SIGNAL WHICH AUTOMATICALLY PRODUCES TWO OR MORE PHOTOGRAPHS, TWO OR MORE 22 MICROPHOTOGRAPHS, A VIDEOTAPE OR OTHER RECORDED IMAGES OF EACH VEHICLE 23 AT THE TIME IT IS USED OR OPERATED IN VIOLATION OF SUBDIVISION (D) OF 24 SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE. 25 (D) A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY 26 THE CITY OF WHITE PLAINS IN WHICH THE CHARGED VIOLATION OCCURRED, OR A 27 FACSIMILE THEREOF, BASED UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTO- 28 GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY A TRAFFIC-CONTROL 29 SIGNAL PHOTO VIOLATION-MONITORING SYSTEM, SHALL BE PRIMA FACIE EVIDENCE 30 OF THE FACTS CONTAINED THEREIN. ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDE- 31 OTAPE OR OTHER RECORDED IMAGES EVIDENCING SUCH A VIOLATION SHALL BE 32 AVAILABLE FOR INSPECTION IN ANY PROCEEDING TO ADJUDICATE THE LIABILITY 33 FOR SUCH VIOLATION PURSUANT TO A LOCAL LAW OR ORDINANCE ADOPTED PURSUANT 34 TO THIS SECTION. 35 (E) AN OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (D) OF SECTION 36 ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO A LOCAL LAW OR ORDI- 37 NANCE ADOPTED PURSUANT TO THIS SECTION SHALL BE LIABLE FOR MONETARY 38 PENALTIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND PENALTIES TO BE SET 39 FORTH IN SUCH LOCAL LAW OR ORDINANCE, EXCEPT THAT IF SUCH CITY BY LOCAL 40 LAW HAS AUTHORIZED THE ADJUDICATION OF SUCH OWNER LIABILITY BY A PARKING 41 VIOLATIONS BUREAU, SUCH SCHEDULE SHALL BE PROMULGATED BY SUCH BUREAU. 42 THE LIABILITY OF THE OWNER PURSUANT TO THIS SECTION SHALL NOT EXCEED 43 FIFTY DOLLARS FOR EACH VIOLATION; PROVIDED, HOWEVER, THAT SUCH LOCAL LAW 44 OR ORDINANCE MAY PROVIDE FOR AN ADDITIONAL PENALTY NOT IN EXCESS OF 45 TWENTY-FIVE DOLLARS FOR EACH VIOLATION FOR THE FAILURE TO RESPOND TO A 46 NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME PERIOD. 47 (F) AN IMPOSITION OF LIABILITY UNDER A LOCAL LAW OR ORDINANCE ADOPTED 48 PURSUANT TO THIS SECTION SHALL NOT BE DEEMED A CONVICTION AS AN OPERATOR 49 AND SHALL NOT BE MADE PART OF THE OPERATING RECORD OF THE PERSON UPON 50 WHOM SUCH LIABILITY IS IMPOSED NOR SHALL IT BE USED FOR INSURANCE 51 PURPOSES IN THE PROVISION OF MOTOR VEHICLE INSURANCE COVERAGE. 52 (G) 1. A NOTICE OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL TO EACH 53 PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION 54 (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO THIS 55 SECTION. PERSONAL DELIVERY ON THE OWNER SHALL NOT BE REQUIRED. A MANUAL S. 5688 28 1 OR AUTOMATIC RECORD OF MAILING PREPARED IN THE ORDINARY COURSE OF BUSI- 2 NESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN. 3 2. A NOTICE OF LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE 4 PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION 5 (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO THIS 6 SECTION, THE REGISTRATION NUMBER OF THE VEHICLE INVOLVED IN SUCH 7 VIOLATION, THE LOCATION WHERE SUCH VIOLATION TOOK PLACE, THE DATE AND 8 TIME OF SUCH VIOLATION AND THE IDENTIFICATION NUMBER OF THE CAMERA WHICH 9 RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER. 10 3. THE NOTICE OF LIABILITY SHALL CONTAIN INFORMATION ADVISING THE 11 PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE OR SHE MAY CONTEST 12 THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO 13 CONTAIN A WARNING TO ADVISE THE PERSONS CHARGED THAT FAILURE TO CONTEST 14 IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF LIABIL- 15 ITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON. 16 4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE CITY OF 17 WHITE PLAINS, OR BY ANY OTHER ENTITY AUTHORIZED BY SUCH CITY TO PREPARE 18 AND MAIL SUCH NOTIFICATION OF VIOLATION. 19 (H) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION 20 SHALL BE BY A TRAFFIC VIOLATIONS BUREAU ESTABLISHED PURSUANT TO SECTION 21 THREE HUNDRED SEVENTY OF THE GENERAL MUNICIPAL LAW OR, IF THERE BE NONE, 22 BY THE COURT HAVING JURISDICTION OVER TRAFFIC INFRACTIONS, EXCEPT THAT 23 IF SUCH CITY HAS ESTABLISHED AN ADMINISTRATIVE TRIBUNAL TO HEAR AND 24 DETERMINE COMPLAINTS OF TRAFFIC INFRACTIONS CONSTITUTING PARKING, STAND- 25 ING OR STOPPING VIOLATIONS SUCH CITY MAY, BY LOCAL LAW, AUTHORIZE SUCH 26 ADJUDICATION BY SUCH TRIBUNAL. 27 (I) IF AN OWNER RECEIVES A NOTICE OF LIABILITY PURSUANT TO THIS 28 SECTION FOR ANY TIME PERIOD DURING WHICH THE VEHICLE WAS REPORTED TO THE 29 POLICE DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE A VALID DEFENSE TO 30 AN ALLEGATION OF LIABILITY FOR A VIOLATION OF SUBDIVISION (D) OF SECTION 31 ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO THIS SECTION THAT THE 32 VEHICLE HAD BEEN REPORTED TO THE POLICE AS STOLEN PRIOR TO THE TIME THE 33 VIOLATION OCCURRED AND HAD NOT BEEN RECOVERED BY SUCH TIME. FOR PURPOSES 34 OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION IT SHALL BE SUFFI- 35 CIENT THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE STOLEN VEHICLE 36 BE SENT BY FIRST CLASS MAIL TO THE TRAFFIC VIOLATIONS BUREAU, COURT 37 HAVING JURISDICTION OR PARKING VIOLATIONS BUREAU. 38 (J) 1. IN SUCH CITY WHERE THE ADJUDICATION OF LIABILITY IMPOSED UPON 39 OWNERS PURSUANT TO THIS SECTION IS BY A TRAFFIC VIOLATIONS BUREAU OR A 40 COURT HAVING JURISDICTION, AN OWNER WHO IS A LESSOR OF A VEHICLE TO 41 WHICH A NOTICE OF LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION (G) OF 42 THIS SECTION SHALL NOT BE LIABLE FOR THE VIOLATION OF SUBDIVISION (D) OF 43 SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE, PROVIDED THAT HE OR SHE 44 SENDS TO THE TRAFFIC VIOLATIONS BUREAU OR COURT HAVING JURISDICTION A 45 COPY OF THE RENTAL, LEASE OR OTHER SUCH CONTRACT DOCUMENT COVERING SUCH 46 VEHICLE ON THE DATE OF THE VIOLATION, WITH THE NAME AND ADDRESS OF THE 47 LESSEE CLEARLY LEGIBLE, WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE 48 FROM THE BUREAU OR COURT OF THE DATE AND TIME OF SUCH VIOLATION, TOGETH- 49 ER WITH THE OTHER INFORMATION CONTAINED IN THE ORIGINAL NOTICE OF 50 LIABILITY. FAILURE TO SEND SUCH INFORMATION WITHIN SUCH THIRTY-SEVEN DAY 51 TIME PERIOD SHALL RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED BY 52 THIS SECTION. WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF THIS 53 PARAGRAPH, THE LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH VIOLATION 54 SHALL BE DEEMED TO BE THE OWNER OF SUCH VEHICLE FOR PURPOSES OF THIS 55 SECTION, SHALL BE SUBJECT TO LIABILITY FOR THE VIOLATION OF SUBDIVISION 56 (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO THIS S. 5688 29 1 SECTION AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION 2 (G) OF THIS SECTION. 3 2. (I) IN SUCH CITY WHICH, BY LOCAL LAW, HAS AUTHORIZED THE ADJUDI- 4 CATION OF LIABILITY IMPOSED UPON OWNERS BY THIS SECTION BY A PARKING 5 VIOLATIONS BUREAU, AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A 6 NOTICE OF LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION (G) OF THIS 7 SECTION SHALL NOT BE LIABLE FOR THE VIOLATION OF SUBDIVISION (D) OF 8 SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE, PROVIDED THAT: 9 (A) PRIOR TO THE VIOLATION, THE LESSOR HAS FILED WITH THE BUREAU IN 10 ACCORDANCE WITH THE PROVISIONS OF SECTION TWO HUNDRED THIRTY-NINE OF 11 THIS CHAPTER; AND 12 (B) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE BUREAU OF 13 THE DATE AND TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFORMATION 14 CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY, THE LESSOR SUBMITS TO THE 15 BUREAU THE CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE IDENTI- 16 FIED IN THE NOTICE OF LIABILITY AT THE TIME OF SUCH VIOLATION, TOGETHER 17 WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL, LEASE OR 18 OTHER CONTRACT DOCUMENT, AS MAY BE REASONABLY REQUIRED BY THE BUREAU 19 PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE. 20 (II) FAILURE TO COMPLY WITH CLAUSE (B) OF SUBPARAGRAPH (I) OF THIS 21 PARAGRAPH SHALL RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED IN 22 THIS SECTION. 23 (III) WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF THIS PARAGRAPH, 24 THE LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH VIOLATION SHALL BE DEEMED 25 TO BE THE OWNER OF SUCH VEHICLE FOR PURPOSES OF THIS SECTION, SHALL BE 26 SUBJECT TO LIABILITY FOR SUCH VIOLATION PURSUANT TO THIS SECTION AND 27 SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (G) OF THIS 28 SECTION. 29 (K) 1. IF THE OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (D) OF 30 SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO THIS SECTION 31 WAS NOT THE OPERATOR OF THE VEHICLE AT THE TIME OF THE VIOLATION, THE 32 OWNER MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR. 33 2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO OWNER OF A 34 VEHICLE SHALL BE SUBJECT TO A MONETARY FINE IMPOSED PURSUANT TO THIS 35 SECTION IF THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH- 36 OUT THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR FAILED TO OBEY A 37 TRAFFIC-CONTROL INDICATION. FOR PURPOSES OF THIS SUBDIVISION THERE SHALL 38 BE A PRESUMPTION THAT THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH 39 VEHICLE WITH THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR FAILED 40 TO OBEY A TRAFFIC-CONTROL INDICATION. 41 (L) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY 42 OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF SUBDIVISION (D) OF 43 SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE. 44 (M) IN ANY SUCH CITY WHICH ADOPTS A DEMONSTRATION PROGRAM PURSUANT TO 45 SUBDIVISION (A) OF THIS SECTION, SUCH CITY SHALL SUBMIT AN ANNUAL REPORT 46 ON THE RESULTS OF THE USE OF A TRAFFIC-CONTROL SIGNAL PHOTO 47 VIOLATION-MONITORING SYSTEM TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF 48 THE SENATE AND THE SPEAKER OF THE ASSEMBLY ON OR BEFORE THE FIRST DAY OF 49 JUNE NEXT SUCCEEDING THE EFFECTIVE DATE OF THIS SECTION AND ON THE SAME 50 DATE IN EACH SUCCEEDING YEAR IN WHICH THE DEMONSTRATION PROGRAM IS OPER- 51 ABLE. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO: 52 1. A DESCRIPTION OF THE LOCATIONS WHERE TRAFFIC-CONTROL SIGNAL PHOTO 53 VIOLATION-MONITORING SYSTEMS WERE USED; 54 2. THE AGGREGATE NUMBER, TYPE AND SEVERITY OF ACCIDENTS REPORTED AT 55 INTERSECTIONS WHERE A TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING 56 SYSTEM IS USED FOR THE YEAR PRECEDING THE INSTALLATION OF SUCH SYSTEM, S. 5688 30 1 TO THE EXTENT THE INFORMATION IS MAINTAINED BY THE DEPARTMENT OF MOTOR 2 VEHICLES OF THIS STATE; 3 3. THE AGGREGATE NUMBER, TYPE AND SEVERITY OF ACCIDENTS REPORTED AT 4 INTERSECTIONS WHERE A TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING 5 SYSTEM IS USED, TO THE EXTENT THE INFORMATION IS MAINTAINED BY THE 6 DEPARTMENT OF MOTOR VEHICLES OF THIS STATE; 7 4. THE NUMBER OF VIOLATIONS RECORDED AT EACH INTERSECTION WHERE A 8 TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING SYSTEM IS USED AND IN 9 THE AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS; 10 5. THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED FOR VIOLATIONS 11 RECORDED BY SUCH SYSTEMS; 12 6. THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID AFTER FIRST 13 NOTICE OF LIABILITY ISSUED FOR VIOLATIONS RECORDED BY SUCH SYSTEMS; 14 7. THE NUMBER OF VIOLATIONS ADJUDICATED AND RESULTS OF SUCH ADJUDI- 15 CATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE FOR VIOLATIONS 16 RECORDED BY SUCH SYSTEMS; 17 8. THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH CITY FROM SUCH ADJUDI- 18 CATIONS; 19 9. EXPENSES INCURRED BY SUCH CITY IN CONNECTION WITH THE PROGRAM; AND 20 10. QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS. 21 (N) IT SHALL BE A DEFENSE TO ANY PROSECUTION FOR A VIOLATION OF SUBDI- 22 VISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO 23 A LOCAL LAW OR ORDINANCE ADOPTED PURSUANT TO THIS SECTION THAT SUCH 24 TRAFFIC-CONTROL INDICATIONS WERE MALFUNCTIONING AT THE TIME OF THE 25 ALLEGED VIOLATION. 26 S 10. The opening paragraph and paragraph (c) of subdivision 1 of 27 section 1809 of the vehicle and traffic law, as separately amended by 28 section 3 of chapter 43, and section 10 of chapters 99, 101, and 123 of 29 the laws of 2014, are amended to read as follows: 30 Whenever proceedings in an administrative tribunal or a court of this 31 state result in a conviction for an offense under this chapter or a 32 traffic infraction under this chapter, or a local law, ordinance, rule 33 or regulation adopted pursuant to this chapter, other than a traffic 34 infraction involving standing, stopping, or parking or violations by 35 pedestrians or bicyclists, or other than an adjudication of liability of 36 an owner for a violation of subdivision (d) of section eleven hundred 37 eleven of this chapter in accordance with section eleven hundred 38 eleven-a of this chapter, or other than an adjudication of liability of 39 an owner for a violation of subdivision (d) of section eleven hundred 40 eleven of this chapter in accordance with section eleven hundred 41 eleven-b of this chapter, or other than an adjudication in accordance 42 with section eleven hundred eleven-c of this chapter for a violation of 43 a bus lane restriction as defined in such section, or other than an 44 adjudication of liability of an owner for a violation of subdivision (d) 45 of section eleven hundred eleven of this chapter in accordance with 46 section eleven hundred eleven-d of this chapter, or other than an adju- 47 dication of liability of an owner for a violation of subdivision (b), 48 (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in 49 accordance with section eleven hundred eighty-b of this chapter, or 50 other than an adjudication of liability of an owner for a violation of 51 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty 52 of this chapter in accordance with section eleven hundred eighty-c of 53 this chapter, OR OTHER THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR 54 A VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS 55 CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-E OF THIS CHAP- 56 TER, there shall be levied a crime victim assistance fee and a mandatory S. 5688 31 1 surcharge, in addition to any sentence required or permitted by law, in 2 accordance with the following schedule: 3 (c) Whenever proceedings in an administrative tribunal or a court of 4 this state result in a conviction for an offense under this chapter 5 other than a crime pursuant to section eleven hundred ninety-two of this 6 chapter, or a traffic infraction under this chapter, or a local law, 7 ordinance, rule or regulation adopted pursuant to this chapter, other 8 than a traffic infraction involving standing, stopping, or parking or 9 violations by pedestrians or bicyclists, or other than an adjudication 10 of liability of an owner for a violation of subdivision (d) of section 11 eleven hundred eleven of this chapter in accordance with section eleven 12 hundred eleven-a of this chapter, or other than an adjudication of 13 liability of an owner for a violation of subdivision (d) of section 14 eleven hundred eleven of this chapter in accordance with section eleven 15 hundred eleven-b of this chapter, or other than an adjudication of 16 liability of an owner for a violation of subdivision (d) of section 17 eleven hundred eleven of this chapter in accordance with section eleven 18 hundred eleven-d of this chapter, or other than an infraction pursuant 19 to article nine of this chapter or other than an adjudication of liabil- 20 ity of an owner for a violation of toll collection regulations pursuant 21 to section two thousand nine hundred eighty-five of the public authori- 22 ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven 23 hundred seventy-four of the laws of nineteen hundred fifty or other than 24 an adjudication in accordance with section eleven hundred eleven-c of 25 this chapter for a violation of a bus lane restriction as defined in 26 such section, or other than an adjudication of liability of an owner for 27 a violation of subdivision (b), (c), (d), (f) or (g) of section eleven 28 hundred eighty of this chapter in accordance with section eleven hundred 29 eighty-b of this chapter, or other than an adjudication of liability of 30 an owner for a violation of subdivision (b), (c), (d), (f) or (g) of 31 section eleven hundred eighty of this chapter in accordance with section 32 eleven hundred eighty-c of this chapter, OR OTHER THAN AN ADJUDICATION 33 OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (D) OF SECTION 34 ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN 35 HUNDRED ELEVEN-E OF THIS CHAPTER, there shall be levied a crime victim 36 assistance fee in the amount of five dollars and a mandatory surcharge, 37 in addition to any sentence required or permitted by law, in the amount 38 of fifty-five dollars. 39 S 10-a. Subdivision 1 of section 1809 of the vehicle and traffic law, 40 as separately amended by section 3-a of chapter 43 and section 10-a of 41 chapters 99, 101 and 123 of the laws of 2014, is amended to read as 42 follows: 43 1. Whenever proceedings in an administrative tribunal or a court of 44 this state result in a conviction for a crime under this chapter or a 45 traffic infraction under this chapter, or a local law, ordinance, rule 46 or regulation adopted pursuant to this chapter, other than a traffic 47 infraction involving standing, stopping, parking or motor vehicle equip- 48 ment or violations by pedestrians or bicyclists, or other than an adju- 49 dication of liability of an owner for a violation of subdivision (d) of 50 section eleven hundred eleven of this chapter in accordance with section 51 eleven hundred eleven-a of this chapter, or other than an adjudication 52 of liability of an owner for a violation of subdivision (d) of section 53 eleven hundred eleven of this chapter in accordance with section eleven 54 hundred eleven-b of this chapter, or other than an adjudication in 55 accordance with section eleven hundred eleven-c of this chapter for a 56 violation of a bus lane restriction as defined in such section, or other S. 5688 32 1 than an adjudication of liability of an owner for a violation of subdi- 2 vision (d) of section eleven hundred eleven of this chapter in accord- 3 ance with section eleven hundred eleven-d of this chapter, or other than 4 an adjudication of liability of an owner for a violation of subdivision 5 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- 6 ter in accordance with section eleven hundred eighty-b of this chapter, 7 or other than an adjudication of liability of an owner for a violation 8 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred 9 eighty of this chapter in accordance with section eleven hundred eight- 10 y-c of this chapter, OR OTHER THAN AN ADJUDICATION OF LIABILITY OF AN 11 OWNER FOR A VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEV- 12 EN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-E OF 13 THIS CHAPTER, there shall be levied a mandatory surcharge, in addition 14 to any sentence required or permitted by law, in the amount of twenty- 15 five dollars. 16 S 10-b. Subdivision 1 of section 1809 of the vehicle and traffic law, 17 as separately amended by section 3-b of chapter 43 and section 10-b of 18 chapters 99, 101, and 123 of the laws of 2014, is amended to read as 19 follows: 20 1. Whenever proceedings in an administrative tribunal or a court of 21 this state result in a conviction for a crime under this chapter or a 22 traffic infraction under this chapter other than a traffic infraction 23 involving standing, stopping, parking or motor vehicle equipment or 24 violations by pedestrians or bicyclists, or other than an adjudication 25 in accordance with section eleven hundred eleven-c of this chapter for a 26 violation of a bus lane restriction as defined in such section, or other 27 than an adjudication of liability of an owner for a violation of subdi- 28 vision (d) of section eleven hundred eleven of this chapter in accord- 29 ance with section eleven hundred eleven-d of this chapter, or other than 30 an adjudication of liability of an owner for a violation of subdivision 31 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- 32 ter in accordance with section eleven hundred eighty-b of this chapter, 33 or other than an adjudication of liability of an owner for a violation 34 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred 35 eighty of this chapter in accordance with section eleven hundred eight- 36 y-c of this chapter, OR OTHER THAN AN ADJUDICATION OF LIABILITY OF AN 37 OWNER FOR A VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEV- 38 EN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-E OF 39 THIS CHAPTER, there shall be levied a mandatory surcharge, in addition 40 to any sentence required or permitted by law, in the amount of seventeen 41 dollars. 42 S 10-c. Subdivision 1 of section 1809 of the vehicle and traffic law, 43 as separately amended by section 3-c of chapter 43 and section 10-c of 44 chapters 99, 101, and 123 of the laws of 2014, is amended to read as 45 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 other than a traffic infraction 49 involving standing, stopping, parking or motor vehicle equipment or 50 violations by pedestrians or bicyclists, or other than an adjudication 51 of liability of an owner for a violation of subdivision (b), (c), (d), 52 (f) or (g) of section eleven hundred eighty of this chapter in accord- 53 ance with section eleven hundred eighty-b of this chapter, or other than 54 an adjudication of liability of an owner for a violation of subdivision 55 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- 56 ter in accordance with section eleven hundred eighty-c of this chapter, S. 5688 33 1 or other than an adjudication of liability of an owner for a violation 2 of subdivision (d) of section eleven hundred eleven of this chapter in 3 accordance with section eleven hundred eleven-d of this chapter, OR 4 OTHER THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF 5 SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN 6 ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-E OF THIS CHAPTER, there 7 shall be levied a mandatory surcharge, in addition to any sentence 8 required or permitted by law, in the amount of seventeen dollars. 9 S 10-d. Subdivision 1 of section 1809 of the vehicle and traffic law, 10 as separately amended by section 3-d of chapter 43 and section 10-d of 11 chapters 99, 101, and 123 of the laws of 2014, is amended to read as 12 follows: 13 1. Whenever proceedings in an administrative tribunal or a court of 14 this state result in a conviction for a crime under this chapter or a 15 traffic infraction under this chapter other than a traffic infraction 16 involving standing, stopping, parking or motor vehicle equipment or 17 violations by pedestrians or bicyclists, or other than an adjudication 18 of liability of an owner for a violation of subdivision (b), (c), (d), 19 (f) or (g) of section eleven hundred eighty of this chapter in accord- 20 ance with section eleven hundred eighty-c of this chapter, or other than 21 an adjudication of liability of an owner for a violation of subdivision 22 (d) of section eleven hundred eleven of this chapter in accordance with 23 section eleven hundred eleven-d of this chapter, OR OTHER THAN AN ADJU- 24 DICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (D) OF 25 SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION 26 ELEVEN HUNDRED ELEVEN-E OF THIS CHAPTER, there shall be levied a manda- 27 tory surcharge, in addition to any sentence required or permitted by 28 law, in the amount of seventeen dollars. 29 S 10-e. Subdivision 1 of section 1809 of the vehicle and traffic law, 30 as separately amended by section 10-d of chapters 99, 101, and 123 of 31 the laws of 2014, is amended to read as follows: 32 1. Whenever proceedings in an administrative tribunal or a court of 33 this state result in a conviction for a crime under this chapter or a 34 traffic infraction under this chapter other than a traffic infraction 35 involving standing, stopping, parking or motor vehicle equipment or 36 violations by pedestrians or bicyclists, or other than an adjudication 37 of liability of an owner for a violation of subdivision (d) of section 38 eleven hundred eleven of this chapter in accordance with section eleven 39 hundred eleven-d of this chapter, OR OTHER THAN AN ADJUDICATION OF 40 LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (D) OF SECTION 41 ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN 42 HUNDRED ELEVEN-E OF THIS CHAPTER, there shall be levied a mandatory 43 surcharge, in addition to any sentence required or permitted by law, in 44 the amount of seventeen dollars. 45 S 10-f. Subdivision 1 of section 1809 of the vehicle and traffic law, 46 as separately amended by chapter 16 of the laws of 1983 and chapter 62 47 of the laws of 1989, is amended to read as follows: 48 1. Whenever proceedings in an administrative tribunal or a court of 49 this state result in a conviction for a crime under this chapter or a 50 traffic infraction under this chapter other than a traffic infraction 51 involving standing, stopping, parking or motor vehicle equipment or 52 violations by pedestrians or bicyclists, OR OTHER THAN AN ADJUDICATION 53 OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (D) OF SECTION 54 ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN 55 HUNDRED ELEVEN-E OF THIS CHAPTER, there shall be levied a mandatory S. 5688 34 1 surcharge, in addition to any sentence required or permitted by law, in 2 the amount of seventeen dollars. 3 S 11. Paragraph a of subdivision 1 of section 1809-e of the vehicle 4 and traffic law, as separately amended by section 4 of chapter 43 and 5 section 11 of chapters 99, 101, and 123 of the laws of 2014, is amended 6 to read as follows: 7 a. Notwithstanding any other provision of law, whenever proceedings in 8 a court or an administrative tribunal of this state result in a 9 conviction for an offense under this chapter, except a conviction pursu- 10 ant to section eleven hundred ninety-two of this chapter, or for a traf- 11 fic infraction under this chapter, or a local law, ordinance, rule or 12 regulation adopted pursuant to this chapter, except a traffic infraction 13 involving standing, stopping, or parking or violations by pedestrians or 14 bicyclists, and except an adjudication of liability of an owner for a 15 violation of subdivision (d) of section eleven hundred eleven of this 16 chapter in accordance with section eleven hundred eleven-a of this chap- 17 ter or in accordance with section eleven hundred eleven-d of this chap- 18 ter, OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-E OF THIS CHAP- 19 TER, and except an adjudication of liability of an owner for a violation 20 of subdivision (d) of section eleven hundred eleven of this chapter in 21 accordance with section eleven hundred eleven-b of this chapter, and 22 except an adjudication in accordance with section eleven hundred 23 eleven-c of this chapter of a violation of a bus lane restriction as 24 defined in such section, and except an adjudication of liability of an 25 owner for a violation of subdivision (b), (c), (d), (f) or (g) of 26 section eleven hundred eighty of this chapter in accordance with section 27 eleven hundred eighty-b of this chapter, and except an adjudication of 28 liability of an owner for a violation of subdivision (b), (c), (d), (f) 29 or (g) of section eleven hundred eighty of this chapter in accordance 30 with section eleven hundred eighty-c of this chapter, and except an 31 adjudication of liability of an owner for a violation of toll collection 32 regulations pursuant to section two thousand nine hundred eighty-five of 33 the public authorities law or sections sixteen-a, sixteen-b and 34 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen 35 hundred fifty, there shall be levied in addition to any sentence, penal- 36 ty or other surcharge required or permitted by law, an additional 37 surcharge of twenty-eight dollars. 38 S 11-a. Paragraph a of subdivision 1 of section 1809-e of the vehicle 39 and traffic law, as separately amended by section 4-a of chapter 43 and 40 section 11-a of chapters 99, 101, and 123 of the laws of 2014, is 41 amended to read as follows: 42 a. Notwithstanding any other provision of law, whenever proceedings in 43 a court or an administrative tribunal of this state result in a 44 conviction for an offense under this chapter, except a conviction pursu- 45 ant to section eleven hundred ninety-two of this chapter, or for a traf- 46 fic infraction under this chapter, or a local law, ordinance, rule or 47 regulation adopted pursuant to this chapter, except a traffic infraction 48 involving standing, stopping, or parking or violations by pedestrians or 49 bicyclists, and except an adjudication of liability of an owner for a 50 violation of subdivision (d) of section eleven hundred eleven of this 51 chapter in accordance with section eleven hundred eleven-a of this chap- 52 ter or in accordance with section eleven hundred eleven-d of this chap- 53 ter OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-E OF THIS CHAP- 54 TER, and except an adjudication in accordance with section eleven 55 hundred eleven-c of this chapter of a violation of a bus lane 56 restriction as defined in such section, and except an adjudication of S. 5688 35 1 liability of an owner for a violation of subdivision (b), (c), (d), (f) 2 or (g) of section eleven hundred eighty of this chapter in accordance 3 with section eleven hundred eighty-b of this chapter, and except an 4 adjudication of liability of an owner for a violation of subdivision 5 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- 6 ter in accordance with section eleven hundred eighty-c of this chapter, 7 and except an adjudication of liability of an owner for a violation of 8 toll collection regulations pursuant to section two thousand nine 9 hundred eighty-five of the public authorities law or sections sixteen-a, 10 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the 11 laws of nineteen hundred fifty, there shall be levied in addition to any 12 sentence, penalty or other surcharge required or permitted by law, an 13 additional surcharge of twenty-eight dollars. 14 S 11-b. Paragraph a of subdivision 1 of section 1809-e of the vehicle 15 and traffic law, as separately amended by section 4-b of chapter 43 and 16 section 11-b of chapters 99, 101, and 123 of the laws of 2014, is 17 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 of liability of an owner for a violation 31 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred 32 eighty of this chapter in accordance with section eleven hundred eight- 33 y-b of this chapter, and except an adjudication of liability of an owner 34 for a violation of subdivision (b), (c), (d), (f) or (g) of section 35 eleven hundred eighty of this chapter in accordance with section eleven 36 hundred eighty-c of this chapter, and except an adjudication of liabil- 37 ity of an owner for a violation of toll collection regulations pursuant 38 to section two thousand nine hundred eighty-five of the public authori- 39 ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven 40 hundred seventy-four of the laws of nineteen hundred fifty, there shall 41 be levied in addition to any sentence, penalty or other surcharge 42 required or permitted by law, an additional surcharge of twenty-eight 43 dollars. 44 S 11-c. Paragraph a of subdivision 1 of section 1809-e of the vehicle 45 and traffic law, as separately amended by section 4-c of chapter 43 and 46 section 11-c of chapters 99, 101, and 123 of the laws of 2014, is 47 amended to read as follows: 48 a. Notwithstanding any other provision of law, whenever proceedings in 49 a court or an administrative tribunal of this state result in a 50 conviction for an offense under this chapter, except a conviction pursu- 51 ant to section eleven hundred ninety-two of this chapter, or for a traf- 52 fic infraction under this chapter, or a local law, ordinance, rule or 53 regulation adopted pursuant to this chapter, except a traffic infraction 54 involving standing, stopping, or parking or violations by pedestrians or 55 bicyclists, and except an adjudication of liability of an owner for a 56 violation of subdivision (d) of section eleven hundred eleven of this S. 5688 36 1 chapter in accordance with section eleven hundred eleven-a of this chap- 2 ter or in accordance with section eleven hundred eleven-d of this chap- 3 ter OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-E 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-c 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 S 11-d. Paragraph a of subdivision 1 of section 1809-e of the vehicle 15 and traffic law, as separately amended by section 11-c of chapters 99, 16 101, and 123 of the laws of 2014, is amended to read as follows: 17 a. Notwithstanding any other provision of law, whenever proceedings in 18 a court or an administrative tribunal of this state result in a 19 conviction for an offense under this chapter, except a conviction pursu- 20 ant to section eleven hundred ninety-two of this chapter, or for a traf- 21 fic infraction under this chapter, or a local law, ordinance, rule or 22 regulation adopted pursuant to this chapter, except a traffic infraction 23 involving standing, stopping, or parking or violations by pedestrians or 24 bicyclists, and except an adjudication of liability of an owner for a 25 violation of subdivision (d) of section eleven hundred eleven of this 26 chapter in accordance with section eleven hundred eleven-a of this chap- 27 ter or in accordance with section eleven hundred eleven-d of this chap- 28 ter OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-E OF THIS CHAP- 29 TER, and except an adjudication of liability of an owner for a violation 30 of toll collection regulations pursuant to section two thousand nine 31 hundred eighty-five of the public authorities law or sections sixteen-a, 32 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the 33 laws of nineteen hundred fifty, there shall be levied in addition to any 34 sentence, penalty or other surcharge required or permitted by law, an 35 additional surcharge of twenty-eight dollars. 36 S 11-e. Paragraph a of subdivision 1 of section 1809-e of the vehicle 37 and traffic law, as amended by section 5 of part C of chapter 55 of the 38 laws of 2013, is amended to read as follows: 39 a. Notwithstanding any other provision of law, whenever proceedings in 40 a court or an administrative tribunal of this state result in a 41 conviction for an offense under this chapter, except a conviction pursu- 42 ant to section eleven hundred ninety-two of this chapter, or for a traf- 43 fic infraction under this chapter, or a local law, ordinance, rule or 44 regulation adopted pursuant to this chapter, except a traffic infraction 45 involving standing, stopping, or parking or violations by pedestrians or 46 bicyclists, and except an adjudication of liability of an owner for a 47 violation of subdivision (d) of section eleven hundred eleven of this 48 chapter in accordance with section eleven hundred eleven-a of this chap- 49 ter OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-E OF THIS CHAP- 50 TER, and except an adjudication of liability of an owner for a violation 51 of toll collection regulations pursuant to section two thousand nine 52 hundred eighty-five of the public authorities law or sections sixteen-a, 53 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the 54 laws of nineteen hundred fifty, there shall be levied in addition to any 55 sentence, penalty or other surcharge required or permitted by law, an 56 additional surcharge of twenty-eight dollars. S. 5688 37 1 S 12. Subdivision 1 of section 371 of the general municipal law, as 2 separately amended by section 12 of chapters 99, 101, and 123 of the 3 laws of 2014, is amended to read as follows: 4 1. A traffic violations bureau so established may be authorized to 5 dispose of violations of traffic laws, ordinances, rules and regulations 6 when such offenses shall not constitute the traffic infraction known as 7 speeding or a misdemeanor or felony, and, if authorized by local law or 8 ordinance, to adjudicate the liability of owners for violations of 9 subdivision (d) of section eleven hundred eleven of the vehicle and 10 traffic law in accordance with section eleven hundred eleven-a of such 11 law or section eleven hundred eleven-b of such law as added by sections 12 sixteen of chapters twenty, twenty-one, and twenty-two of the laws of 13 two thousand nine which amended this subdivision, or section eleven 14 hundred eleven-d of such law, OR SECTION ELEVEN HUNDRED ELEVEN-E OF SUCH 15 LAW. 16 S 12-a. Section 371 of the general municipal law, as separately 17 amended by section 12-a of chapters 99, 101, and 123 of the laws of 18 2014, is amended to read as follows: 19 S 371. Jurisdiction and procedure. A traffic violations bureau so 20 established may be authorized to dispose of violations of traffic laws, 21 ordinances, rules and regulations when such offenses shall not consti- 22 tute the traffic infraction known as speeding or a misdemeanor or felo- 23 ny, and, if authorized by local law or ordinance, to adjudicate the 24 liability of owners for violations of subdivision (d) of section eleven 25 hundred eleven of the vehicle and traffic law in accordance with section 26 eleven hundred eleven-b of such law as added by sections sixteen of 27 chapters twenty, twenty-one, and twenty-two of the laws of two thousand 28 nine which amended this section or section eleven hundred eleven-d of 29 such law OR SECTION ELEVEN HUNDRED ELEVEN-E OF SUCH LAW, by permitting a 30 person charged with an offense within the limitations herein stated, to 31 answer, within a specified time, at the traffic violations bureau, 32 either in person or by written power of attorney in such form as may be 33 prescribed in the ordinance creating the bureau, by paying a prescribed 34 fine and, in writing, waiving a hearing in court, pleading guilty to the 35 charge or admitting liability as an owner for the violation of subdivi- 36 sion (d) of section eleven hundred eleven of the vehicle and traffic 37 law, as the case may be, and authorizing the person in charge of the 38 bureau to make such a plea or admission and pay such a fine in court. 39 Acceptance of the prescribed fine and power of attorney by the bureau 40 shall be deemed complete satisfaction for the violation or of the 41 liability, and the violator or owner liable for a violation of subdivi- 42 sion (d) of section eleven hundred eleven of the vehicle and traffic law 43 shall be given a receipt which so states. If a person charged with a 44 traffic violation does not answer as hereinbefore prescribed, within a 45 designated time, the bureau shall cause a complaint to be entered 46 against him or her forthwith and a warrant to be issued for his or her 47 arrest and appearance before the court. Any person who shall have been, 48 within the preceding twelve months, guilty of a number of parking 49 violations in excess of such maximum number as may be designated by the 50 court, or of three or more violations other than parking violations, 51 shall not be permitted to appear and answer to a subsequent violation at 52 the traffic violations bureau, but must appear in court at a time speci- 53 fied by the bureau. Such traffic violations bureau shall not be author- 54 ized to deprive a person of his or her right to counsel or to prevent 55 him or her from exercising his or her right to appear in court to answer S. 5688 38 1 to, explain, or defend any charge of a violation of any traffic law, 2 ordinance, rule or regulation. 3 S 12-b. Section 371 of the general municipal law, as separately 4 amended by section 12-b of chapters 99, 101, and 123 of the laws of 5 2014, is amended to read as follows: 6 S 371. Jurisdiction and procedure. A traffic violations bureau so 7 established may be authorized to dispose of violations of traffic laws, 8 ordinances, rules and regulations when such offenses shall not consti- 9 tute the traffic infraction known as speeding or a misdemeanor or felo- 10 ny, and, if authorized by local law or ordinance, to adjudicate the 11 liability of owners for violations of subdivision (d) of section eleven 12 hundred eleven of the vehicle and traffic law in accordance with section 13 eleven hundred eleven-d OR SECTION ELEVEN HUNDRED ELEVEN-E of the vehi- 14 cle and traffic law, by permitting a person charged with an offense 15 within the limitations herein stated, to answer, within a specified 16 time, at the traffic violations bureau, either in person or by written 17 power of attorney in such form as may be prescribed in the ordinance 18 creating the bureau, by paying a prescribed fine and, in writing, waiv- 19 ing a hearing in court, pleading guilty to the charge or admitting 20 liability as an owner for the violation of subdivision (d) of section 21 eleven hundred eleven of the vehicle and traffic law, as the case may 22 be, and authorizing the person in charge of the bureau to make such a 23 plea or admission and pay such a fine in court. Acceptance of the 24 prescribed fine and power of attorney by the bureau shall be deemed 25 complete satisfaction for the violation or of the liability, and the 26 violator or owner liable for a violation of subdivision (d) of section 27 eleven hundred eleven of the vehicle and traffic law shall be given a 28 receipt which so states. If a person charged with a traffic violation 29 does not answer as hereinbefore prescribed, within a designated time, 30 the bureau shall cause a complaint to be entered against him or her 31 forthwith and a warrant to be issued for his or her arrest and appear- 32 ance before the court. Any person who shall have been, within the 33 preceding twelve months, guilty of a number of parking violations in 34 excess of such maximum number as may be designated by the court, or of 35 three or more violations other than parking violations, shall not be 36 permitted to appear and answer to a subsequent violation at the traffic 37 violations bureau, but must appear in court at a time specified by the 38 bureau. Such traffic violations bureau shall not be authorized to 39 deprive a person of his or her right to counsel or to prevent him or her 40 from exercising his or her right to appear in court to answer to, 41 explain, or defend any charge of a violation of any traffic law, ordi- 42 nance, rule or regulation. 43 S 12-c. Section 371 of the general municipal law, as amended by chap- 44 ter 802 of the laws of 1949, is amended to read as follows: 45 S 371. Jurisdiction and procedure. A traffic violations bureau so 46 established may be authorized to dispose of violations of traffic laws, 47 ordinances, rules and regulations when such offenses shall not consti- 48 tute the traffic infraction known as speeding or a misdemeanor or felo- 49 ny, AND, IF AUTHORIZED BY LOCAL LAW OR ORDINANCE, TO ADJUDICATE THE 50 LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (D) OF SECTION ELEVEN 51 HUNDRED ELEVEN OF THE VEHICLE AND TRAFFIC LAW IN ACCORDANCE WITH SECTION 52 ELEVEN HUNDRED ELEVEN-E OF THE VEHICLE AND TRAFFIC LAW, by permitting a 53 person charged with an offense within the limitations herein stated, to 54 answer, within a specified time, at the traffic violations bureau, 55 either in person or by written power of attorney in such form as may be 56 prescribed in the ordinance creating the bureau, by paying a prescribed S. 5688 39 1 fine and, in writing, waiving a hearing in court, pleading guilty to the 2 charge OR ADMITTING LIABILITY AS AN OWNER FOR VIOLATION OF SUBDIVISION 3 (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THE VEHICLE AND TRAFFIC LAW, AS 4 THE CASE MAY BE, and authorizing the person in charge of the bureau to 5 make such a plea OR ADMISSION and pay such a fine in court. Acceptance 6 of the prescribed fine and power of attorney by the bureau shall be 7 deemed complete satisfaction for the violation OR OF THE LIABILITY, and 8 the violator OR OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (D) OF 9 SECTION ELEVEN HUNDRED ELEVEN OF THE VEHICLE AND TRAFFIC LAW shall be 10 given a receipt which so states. If a person charged with a traffic 11 violation does not answer as hereinbefore prescribed, within a desig- 12 nated time, the bureau shall cause a complaint to be entered against him 13 OR HER forthwith and a warrant to be issued for his OR HER arrest and 14 appearance before the court. Any person who shall have been, within the 15 preceding twelve months, guilty of a number of parking violations in 16 excess of such maximum number as may be designated by the court, or of 17 three or more violations other than parking violations, shall not be 18 permitted to appear and answer to a subsequent violation at the traffic 19 violations bureau, but must appear in court at a time specified by the 20 bureau. Such traffic violations bureau shall not be authorized to 21 deprive a person of his OR HER right to counsel or to prevent him OR HER 22 from exercising his OR HER right to appear in court to answer to, 23 explain, or defend any charge of a violation of any traffic law, ordi- 24 nance, rule or regulation. 25 S 13. Subdivision 2 of section 87 of the public officers law is 26 amended by adding a new paragraph (o) to read as follows: 27 (O) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED 28 IMAGES PREPARED UNDER AUTHORITY OF SECTION ELEVEN HUNDRED ELEVEN-E OF 29 THE VEHICLE AND TRAFFIC LAW. 30 S 14. The purchase or lease of equipment for a demonstration program 31 established pursuant to section 1111-e of the vehicle and traffic law 32 shall be subject to the provisions of section 103 of the general munici- 33 pal law. 34 S 15. This act shall take effect on the thirtieth day after it shall 35 have become a law and shall expire 5 years after such effective date 36 when upon such date the provisions of this act shall be deemed repealed; 37 and provided further that any rules necessary for the implementation of 38 this act on its effective date shall be promulgated on or before such 39 effective date, provided that: 40 (a) the amendments to subdivision 1 of section 235 of the vehicle and 41 traffic law made by section one of this act shall not affect the expira- 42 tion of such subdivision and shall be deemed to expire therewith, when 43 upon such date the provisions of section one-a of this act shall take 44 effect; 45 (b) the amendments to section 235 of the vehicle and traffic law made 46 by section one-a of this act shall not affect the expiration of such 47 section and shall be deemed to expire therewith, when upon such date the 48 provisions of section one-b of this act shall take effect; 49 (c) the amendments to section 235 of the vehicle and traffic law made 50 by section one-b of this act shall not affect the expiration of such 51 section and shall be deemed to expire therewith, when upon such date the 52 provisions of section one-c of this act shall take effect; 53 (d) the amendments to section 235 of the vehicle and traffic law made 54 by section one-c of this act shall not affect the expiration of such 55 section and shall be deemed to expire therewith, when upon such date the 56 provisions of section one-d of this act shall take effect; S. 5688 40 1 (e) the amendments to section 235 of the vehicle and traffic law made 2 by section one-d of this act shall not affect the expiration of such 3 section and shall be deemed to expire therewith, when upon such date the 4 provisions of section one-e of this act shall take effect; 5 (f) the amendments to section 235 of the vehicle and traffic law made 6 by section one-e of this act shall not affect the expiration of such 7 section and shall be deemed to expire therewith, when upon such date the 8 provisions of section one-f of this act shall take effect; 9 (g) the amendments to subdivision 1 of section 236 of the vehicle and 10 traffic law made by section two of this act shall not affect the expira- 11 tion of such subdivision and shall be deemed to expire therewith, when 12 upon such date the provisions of section two-a of this act shall take 13 effect; 14 (h) the amendments to subdivision 1 of section 236 of the vehicle and 15 traffic law made by section two-a of this act shall not affect the expi- 16 ration of such subdivision and shall be deemed to expire therewith, when 17 upon such date the provisions of section two-b of this act shall take 18 effect; 19 (i) the amendments to subdivision 1 of section 236 of the vehicle and 20 traffic law made by section two-b of this act shall not affect the expi- 21 ration of such subdivision and shall be deemed to expire therewith, when 22 upon such date the provisions of section two-c of this act shall take 23 effect; 24 (j) the amendments to subdivision 1 of section 236 of the vehicle and 25 traffic law made by section two-c of this act shall not affect the expi- 26 ration of such subdivision and shall be deemed to expire therewith, when 27 upon such date the provisions of section two-d of this act shall take 28 effect; 29 (k) the amendments to subdivision 1 of section 236 of the vehicle and 30 traffic law made by section two-d of this act shall not affect the expi- 31 ration of such subdivision and shall be deemed to expire therewith, when 32 upon such date the provisions of section two-e of this act shall take 33 effect; 34 (l) the amendments to paragraph f of subdivision 1 of section 239 of 35 the vehicle and traffic law made by section four of this act shall not 36 affect the expiration of such paragraph and shall be deemed to expire 37 therewith, when upon such date the provisions of section four-a of this 38 act shall take effect; 39 (m) the amendments to paragraph f of subdivision 1 of section 239 of 40 the vehicle and traffic law made by section four-a of this act shall not 41 affect the expiration of such paragraph and shall be deemed to expire 42 therewith, when upon such date the provisions of section four-b of this 43 act shall take effect; 44 (n) the amendments to paragraph f of subdivision 1 of section 239 of 45 the vehicle and traffic law made by section four-b of this act shall not 46 affect the expiration of such paragraph and shall be deemed to expire 47 therewith, when upon such date the provisions of section four-c of this 48 act shall take effect; 49 (o) the amendments to paragraph f of subdivision 1 of section 239 of 50 the vehicle and traffic law made by section four-c of this act shall not 51 affect the expiration of such paragraph and shall be deemed to expire 52 therewith, when upon such date the provisions of section four-d of this 53 act shall take effect; 54 (p) the amendments to paragraph f of subdivision 1 of section 239 of 55 the vehicle and traffic law made by section four-d of this act shall not 56 affect the expiration of such paragraph and shall be deemed to expire S. 5688 41 1 therewith, when upon such date the provisions of section four-e of this 2 act shall take effect; 3 (q) the amendments to subdivisions 1 and 1-a of section 240 of the 4 vehicle and traffic law made by section five of this act shall not 5 affect the expiration of such subdivisions and shall be deemed to expire 6 therewith, when upon such date the provisions of section five-a of this 7 act shall take effect; 8 (r) the amendments to subdivisions 1 and 1-a of section 240 of the 9 vehicle and traffic law made by section five-a of this act shall not 10 affect the expiration of such subdivisions and shall be deemed to expire 11 therewith, when upon such date the provisions of section five-b of this 12 act shall take effect; 13 (s) the amendments to subdivisions 1 and 1-a of section 240 of the 14 vehicle and traffic law made by section five-b of this act shall not 15 affect the expiration of such subdivisions and shall be deemed to expire 16 therewith, when upon such date the provisions of section five-c of this 17 act shall take effect; 18 (t) the amendments to subdivisions 1 and 1-a of section 240 of the 19 vehicle and traffic law made by section five-c of this act shall not 20 affect the expiration of such subdivisions and shall be deemed to expire 21 therewith, when upon such date the provisions of section five-d of this 22 act shall take effect; 23 (u) the amendments to subdivisions 1 and 1-a of section 240 of the 24 vehicle and traffic law made by section five-d of this act shall not 25 affect the expiration of such subdivisions and shall be deemed to expire 26 therewith, when upon such date the provisions of section five-e of this 27 act shall take effect; 28 (v) the amendments to paragraphs a and g of subdivision 2 of section 29 240 of the vehicle and traffic law made by section six of this act shall 30 not affect the expiration of such paragraphs and shall be deemed to 31 expire therewith, when upon such date the provisions of section six-a of 32 this act shall take effect; 33 (w) the amendments to paragraphs a and g of subdivision 2 of section 34 240 of the vehicle and traffic law made by section six-a of this act 35 shall not affect the expiration of such paragraphs and shall be deemed 36 to expire therewith, when upon such date the provisions of section six-b 37 of this act shall take effect; 38 (x) the amendments to paragraphs a and g of subdivision 2 of section 39 240 of the vehicle and traffic law made by section six-b of this act 40 shall not affect the expiration of such paragraphs and shall be deemed 41 to expire therewith, when upon such date the provisions of section six-c 42 of this act shall take effect; 43 (y) the amendments to paragraphs a and g of subdivision 2 of section 44 240 of the vehicle and traffic law made by section six-c of this act 45 shall not affect the expiration of such paragraphs and shall be deemed 46 to expire therewith, when upon such date the provisions of section six-d 47 of this act shall take effect; 48 (z) the amendments to paragraphs a and g of subdivision 2 of section 49 240 of the vehicle and traffic law made by section six-d of this act 50 shall not affect the expiration of such paragraphs and shall be deemed 51 to expire therewith, when upon such date the provisions of section six-e 52 of this act shall take effect; 53 (aa) the amendments to subdivisions 1 and 2 of section 241 of the 54 vehicle and traffic law made by section seven of this act shall not 55 affect the expiration of such subdivisions and shall be deemed to expire S. 5688 42 1 therewith, when upon such date the provisions of section seven-a of this 2 act shall take effect; 3 (bb) the amendments to subdivisions 1 and 2 of section 241 of the 4 vehicle and traffic law made by section seven-a of this act shall not 5 affect the expiration of such subdivisions and shall be deemed to expire 6 therewith, when upon such date the provisions of section seven-b of this 7 act shall take effect; 8 (cc) the amendments to subdivisions 1 and 2 of section 241 of the 9 vehicle and traffic law made by section seven-b of this act shall not 10 affect the expiration of such subdivisions and shall be deemed to expire 11 therewith, when upon such date the provisions of section seven-c of this 12 act shall take effect; 13 (dd) the amendments to subdivisions 1 and 2 of section 241 of the 14 vehicle and traffic law made by section seven-c of this act shall not 15 affect the expiration of such subdivisions and shall be deemed to expire 16 therewith, when upon such date the provisions of section seven-d of this 17 act shall take effect; 18 (ee) the amendments to subdivisions 1 and 2 of section 241 of the 19 vehicle and traffic law made by section seven-d of this act shall not 20 affect the expiration of such subdivisions and shall be deemed to expire 21 therewith, when upon such date the provisions of section seven-e of this 22 act shall take effect; 23 (ff) the amendments to subparagraph (i) of paragraph a of subdivision 24 5-a of section 401 of the vehicle and traffic law made by section eight 25 of this act shall not affect the expiration of such paragraph and shall 26 be deemed to expire therewith, when upon such date the provisions of 27 section eight-a of this act shall take effect; 28 (gg) the amendments to paragraph a of subdivision 5-a of section 401 29 of the vehicle and traffic law made by section eight-a of this act shall 30 not affect the expiration of such paragraph and shall be deemed to 31 expire therewith, when upon such date the provisions of section eight-b 32 of this act shall take effect; 33 (hh) the amendments to paragraph a of subdivision 5-a of section 401 34 of the vehicle and traffic law made by section eight-b of this act shall 35 not affect the expiration of such paragraph and shall be deemed to 36 expire therewith, when upon such date the provisions of section eight-c 37 of this act shall take effect; 38 (ii) the amendments to paragraph a of subdivision 5-a of section 401 39 of the vehicle and traffic law made by section eight-c of this act shall 40 not affect the expiration of such paragraph and shall be deemed to 41 expire therewith, when upon such date the provisions of section eight-d 42 of this act shall take effect; 43 (jj) the amendments to paragraph a of subdivision 5-a of section 401 44 of the vehicle and traffic law made by section eight-d of this act shall 45 not affect the expiration of such paragraph and shall be deemed to 46 expire therewith, when upon such date the provisions of section eight-e 47 of this act shall take effect; 48 (kk) the amendments to paragraph a of subdivision 5-a of section 401 49 of the vehicle and traffic law made by section eight-e 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 eight-f 52 of this act shall take effect; 53 (ll) the amendments to subdivision 1 of section 1809 of the vehicle 54 and traffic law made by section ten of this act shall not affect the 55 expiration of such subdivision and shall be deemed to expire therewith, S. 5688 43 1 when upon such date the provisions of section ten-a of this act shall 2 take effect; 3 (mm) the amendments to subdivision 1 of section 1809 of the vehicle 4 and traffic law made by section ten-a of this act shall not affect the 5 expiration of such subdivision and shall be deemed to expire therewith, 6 when upon such date the provisions of section ten-b of this act shall 7 take effect; 8 (nn) the amendments to subdivision 1 of section 1809 of the vehicle 9 and traffic law made by section ten-b of this act shall not affect the 10 expiration of such subdivision and shall be deemed to expire therewith, 11 when upon such date the provisions of section ten-c of this act shall 12 take effect; 13 (oo) the amendments to subdivision 1 of section 1809 of the vehicle 14 and traffic law made by section ten-c 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 ten-d of this act shall 17 take effect; 18 (pp) the amendments to subdivision 1 of section 1809 of the vehicle 19 and traffic law made by section ten-d 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 ten-e of this act shall 22 take effect; 23 (qq) the amendments to subdivision 1 of section 1809 of the vehicle 24 and traffic law made by section ten-e 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 ten-f of this act shall 27 take effect; 28 (rr) the amendments to paragraph a of subdivision 1 of section 1809-e 29 of the vehicle and traffic law made by section eleven of this act shall 30 not affect the expiration of such paragraph and shall be deemed to 31 expire therewith, when upon such date the provisions of section eleven-a 32 of this act shall take effect; 33 (ss) the amendments to paragraph a of subdivision 1 of section 1809-e 34 of the vehicle and traffic law made by section eleven-a 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-b 37 of this act shall take effect; 38 (tt) the amendments to paragraph a of subdivision 1 of section 1809-e 39 of the vehicle and traffic law made by section eleven-b 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-c 42 of this act shall take effect; 43 (uu) the amendments to paragraph a of subdivision 1 of section 1809-e 44 of the vehicle and traffic law made by section eleven-c 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-d 47 of this act shall take effect; 48 (vv) the amendments to paragraph a of subdivision 1 of section 1809-e 49 of the vehicle and traffic law made by section eleven-d 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-e 52 of this act shall take effect; 53 (ww) the amendments made to subdivision 1 of section 371 of the gener- 54 al municipal law made by section twelve of this act shall not affect the 55 expiration of such subdivision and shall be deemed to expire therewith, S. 5688 44 1 when upon such date the provisions of section twelve-a of this act shall 2 take effect; 3 (xx) the amendments made to section 371 of the general municipal law 4 by section twelve-a of this act shall not affect the expiration of such 5 section and shall be deemed to expire therewith, when upon such date the 6 provisions of section twelve-b of this act shall take effect; and 7 (yy) the amendments made to section 371 of the general municipal law 8 by section twelve-b of this act shall not affect the expiration of such 9 section and shall be deemed to expire therewith, when upon such date the 10 provisions of section twelve-c of this act shall take effect.