Bill Text: NY S07236 | 2013-2014 | General Assembly | Amended
Bill Title: Relates to owner liability for failure of operator to comply with traffic control indications in the city of Mt. Vernon; authorizes such city to establish a demonstration program for traffic-control signal photo violation monitoring devices.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-06-20 - SUBSTITUTED BY A8368B [S07236 Detail]
Download: New_York-2013-S07236-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 7236--A I N S E N A T E May 7, 2014 ___________ Introduced by Sen. HASSELL-THOMPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the vehicle and traffic law, the general municipal law, and the public officers law, in relation to owner liability for fail- ure of operator to comply with traffic-control indications in the city of Mt. Vernon; 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 amended by section 1 of chapter 189 of the laws of 2013, is 3 amended to read as follows: 4 1. Notwithstanding any inconsistent provision of any general, special 5 or local law or administrative code to the contrary, in any city which 6 heretofore or hereafter is authorized to establish an administrative 7 tribunal to hear and determine complaints of traffic infractions consti- 8 tuting parking, standing or stopping violations, or to adjudicate the 9 liability of owners for violations of subdivision (d) of section eleven 10 hundred eleven of this chapter in accordance with section eleven hundred 11 eleven-a of this chapter, or to adjudicate the liability of owners for 12 violations of subdivision (d) of section eleven hundred eleven of this 13 chapter in accordance with sections eleven hundred eleven-b of this 14 chapter as added by sections sixteen of chapters twenty, twenty-one, and 15 twenty-two of the laws of two thousand nine, OR TO ADJUDICATE THE 16 LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (D) OF SECTION ELEVEN 17 HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED 18 ELEVEN-D OF THIS CHAPTER, or to adjudicate the liability of owners for 19 violations of toll collection regulations as defined in and in accord- 20 ance with the provisions of section two thousand nine hundred eighty- 21 five of the public authorities law and sections sixteen-a, sixteen-b and 22 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen 23 hundred fifty, or to adjudicate liability of owners in accordance with EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13339-05-4 S. 7236--A 2 1 section eleven hundred eleven-c of this chapter for violations of bus 2 lane restrictions as defined in subdivision (b), (c), (d), (f) or (g) of 3 such section, or to adjudicate the liability of owners for violations of 4 section eleven hundred eighty of this chapter in accordance with section 5 eleven hundred eighty-b of this chapter, such tribunal and the rules and 6 regulations pertaining thereto shall be constituted in substantial 7 conformance with the following sections. 8 S 1-a. Section 235 of the vehicle and traffic law, as amended by 9 section 1-a of chapter 189 of the laws of 2013, is amended to read as 10 follows: 11 S 235. Jurisdiction. Notwithstanding any inconsistent provision of any 12 general, special or local law or administrative code to the contrary, in 13 any city which heretofore or hereafter is authorized to establish an 14 administrative tribunal to hear and determine complaints of traffic 15 infractions constituting parking, standing or stopping violations, or to 16 adjudicate the liability of owners for violations of subdivision (d) of 17 section eleven hundred eleven of this chapter in accordance with section 18 eleven hundred eleven-a of this chapter, or to adjudicate the liability 19 of owners for violations of subdivision (d) of section eleven hundred 20 eleven of this chapter in accordance with sections eleven hundred 21 eleven-b of this chapter as added by sections sixteen of chapters twen- 22 ty, twenty-one, and twenty-two of the laws of two thousand nine, OR TO 23 ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (D) OF 24 SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION 25 ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, or to adjudicate the liability 26 of owners for violations of toll collection regulations as defined in 27 and in accordance with the provisions of section two thousand nine 28 hundred eighty-five of the public authorities law and sections 29 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four 30 of the laws of nineteen hundred fifty, or to adjudicate liability of 31 owners in accordance with section eleven hundred eleven-c of this chap- 32 ter for violations of bus lane restrictions as defined in such section, 33 or to adjudicate the liability of owners for violations of subdivision 34 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- 35 ter in accordance with section eleven hundred eighty-b of this chapter, 36 such tribunal and the rules and regulations pertaining thereto shall be 37 constituted in substantial conformance with the following sections. 38 S 1-b. Section 235 of the vehicle and traffic law, as amended by 39 section 1-b of chapter 189 of the laws of 2013, is amended to read as 40 follows: 41 S 235. Jurisdiction. Notwithstanding any inconsistent provision of any 42 general, special or local law or administrative code to the contrary, in 43 any city which heretofore or hereafter is authorized to establish an 44 administrative tribunal to hear and determine complaints of traffic 45 infractions constituting parking, standing or stopping violations, or to 46 adjudicate the liability of owners for violations of subdivision (d) of 47 section eleven hundred eleven of this chapter in accordance with 48 sections eleven hundred eleven-b of this chapter as added by sections 49 sixteen of chapters twenty, twenty-one, and twenty-two of the laws of 50 two thousand nine, OR TO ADJUDICATE THE LIABILITY OF OWNERS FOR 51 VIOLATIONS OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS 52 CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAP- 53 TER, or to adjudicate the liability of owners for violations of toll 54 collection regulations as defined in and in accordance with the 55 provisions of section two thousand nine hundred eighty-five of the 56 public authorities law and sections sixteen-a, sixteen-b and sixteen-c S. 7236--A 3 1 of chapter seven hundred seventy-four of the laws of nineteen hundred 2 fifty, or to adjudicate liability of owners in accordance with section 3 eleven hundred eleven-c of this chapter for violations of bus lane 4 restrictions as defined in such section, or to adjudicate the liability 5 of owners for violations of subdivision (b), (c), (d), (f) or (g) of 6 section eleven hundred eighty of this chapter in accordance with section 7 eleven hundred eighty-b of this chapter, such tribunal and the rules and 8 regulations pertaining thereto shall be constituted in substantial 9 conformance with the following sections. 10 S 1-c. Section 235 of the vehicle and traffic law, as amended by 11 section 1-c of chapter 189 of the laws of 2013, is amended to read as 12 follows: 13 S 235. Jurisdiction. Notwithstanding any inconsistent provision of any 14 general, special or local law or administrative code to the contrary, in 15 any city which heretofore or hereafter is authorized to establish an 16 administrative tribunal to hear and determine complaints of traffic 17 infractions constituting parking, standing or stopping violations, OR TO 18 ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (D) OF 19 SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION 20 ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, or to adjudicate the liability 21 of owners for violations of toll collection regulations as defined in 22 and in accordance with the provisions of section two thousand nine 23 hundred eighty-five of the public authorities law and sections 24 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four 25 of the laws of nineteen hundred fifty, or to adjudicate liability of 26 owners in accordance with section eleven hundred eleven-c of this chap- 27 ter for violations of bus lane restrictions as defined in such section, 28 or to adjudicate the liability of owners for violations of subdivision 29 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- 30 ter in accordance with section eleven hundred eighty-b of this chapter, 31 such tribunal and the rules and regulations pertaining thereto shall be 32 constituted in substantial conformance with the following sections. 33 S 1-d. Section 235 of the vehicle and traffic law, as amended by 34 section 1-d of chapter 189 of the laws of 2013, is amended to read as 35 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-D 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, or to adjudicate liability of 49 owners for violations of subdivisions (c) and (d) of section eleven 50 hundred eighty of this chapter in accordance with section eleven hundred 51 eighty-b of this chapter, such tribunal and the rules and regulations 52 pertaining thereto shall be constituted in substantial conformance with 53 the following sections. 54 S 1-e. Section 235 of the vehicle and traffic law, as separately 55 amended by chapter 715 of the laws of 1972 and chapter 379 of the laws 56 of 1992, is amended to read as follows: S. 7236--A 4 1 S 235. Jurisdiction. Notwithstanding any inconsistent provision of any 2 general, special or local law or administrative code to the contrary, in 3 any city which heretofore or hereafter is authorized to establish an 4 administrative tribunal to hear and determine complaints of traffic 5 infractions constituting parking, standing or stopping violations, OR TO 6 ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (D) OF 7 SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION 8 ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, or to adjudicate the liability 9 of owners for violations of toll collection regulations as defined in 10 and in accordance with the provisions of section two thousand nine 11 hundred eighty-five of the public authorities law and sections 12 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four 13 of the laws of nineteen hundred fifty, such tribunal and the rules and 14 regulations pertaining thereto shall be constituted in substantial 15 conformance with the following sections. 16 S 2. Subdivision 1 of section 236 of the vehicle and traffic law, as 17 amended by section 2 of chapter 189 of the laws of 2013, is amended to 18 read as follows: 19 1. Creation. In any city as hereinbefore or hereafter authorized such 20 tribunal when created shall be known as the parking violations bureau 21 and shall have jurisdiction of traffic infractions which constitute a 22 parking violation and, where authorized by local law adopted pursuant to 23 subdivision (a) of section eleven hundred eleven-a of this chapter or 24 subdivisions (a) of sections eleven hundred eleven-b of this chapter as 25 added by sections sixteen of chapters twenty, twenty-one, and twenty-two 26 of the laws of two thousand nine, OR SUBDIVISION (A) OF SECTION ELEVEN 27 HUNDRED ELEVEN-D OF THIS CHAPTER, shall adjudicate the liability of 28 owners for violations of subdivision (d) of section eleven hundred elev- 29 en of this chapter in accordance with such section eleven hundred 30 eleven-a [or such], sections eleven hundred eleven-b as added by 31 sections sixteen of chapters twenty, twenty-one, and twenty-two of the 32 laws of two thousand nine, OR SECTION ELEVEN HUNDRED ELEVEN-D and shall 33 adjudicate the liability of owners for violations of toll collection 34 regulations as defined in and in accordance with the provisions of 35 section two thousand nine hundred eighty-five of the public authorities 36 law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven 37 hundred seventy-four of the laws of nineteen hundred fifty and shall 38 adjudicate liability of owners in accordance with section eleven hundred 39 eleven-c of this chapter for violations of bus lane restrictions as 40 defined in such section and shall adjudicate the liability of owners for 41 violations of subdivision (b), (c), (d), (f) or (g) of section eleven 42 hundred eighty of this chapter in accordance with section eleven hundred 43 eighty-b of this chapter. Such tribunal, except in a city with a popu- 44 lation of one million or more, shall also have jurisdiction of abandoned 45 vehicle violations. For the purposes of this article, a parking 46 violation is the violation of any law, rule or regulation providing for 47 or regulating the parking, stopping or standing of a vehicle. In addi- 48 tion for purposes of this article, "commissioner" shall mean and include 49 the commissioner of traffic of the city or an official possessing 50 authority as such a commissioner. 51 S 2-a. Subdivision 1 of section 236 of the vehicle and traffic law, as 52 amended by section 2-a of chapter 189 of the laws of 2013, is amended to 53 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. 7236--A 5 1 parking violation and, where authorized by local law adopted pursuant to 2 subdivisions (a) of sections eleven hundred eleven-b of this chapter as 3 added by sections sixteen of chapters twenty, twenty-one, and twenty-two 4 of the laws of two thousand nine, OR SUBDIVISION (A) OF SECTION ELEVEN 5 HUNDRED ELEVEN-D OF THIS CHAPTER, shall adjudicate the liability of 6 owners for violations of subdivision (d) of section eleven hundred elev- 7 en of this chapter in accordance with such sections eleven hundred 8 eleven-b as added by sections sixteen of chapters twenty, twenty-one, 9 and twenty-two of the laws of two thousand nine OR SECTION ELEVEN 10 HUNDRED ELEVEN-D; and shall adjudicate liability of owners in accordance 11 with section eleven hundred eleven-c of this chapter for violations of 12 bus lane restrictions as defined in such section and shall adjudicate 13 liability of owners for violations of subdivisions (c) and (d) of 14 section eleven hundred eighty of this chapter in accordance with section 15 eleven hundred eighty-b of this chapter. For the purposes of this arti- 16 cle, a parking violation is the violation of any law, rule or regulation 17 providing for or regulating the parking, stopping or standing of a vehi- 18 cle. In addition for purposes of this article, "commissioner" shall mean 19 and include the commissioner of traffic of the city or an official 20 possessing authority as such a commissioner. 21 S 2-b. Subdivision 1 of section 236 of the vehicle and traffic law, as 22 amended by section 2-b of chapter 189 of the laws of 2013, is amended to 23 read as follows: 24 1. Creation. In any city as hereinbefore or hereafter authorized such 25 tribunal when created shall be known as the parking violations bureau 26 and shall have jurisdiction of traffic infractions which constitute a 27 parking violation and, WHERE AUTHORIZED BY LOCAL LAW ADOPTED PURSUANT TO 28 SUBDIVISION (A) OF SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, 29 shall adjudicate liability of owners in accordance with section eleven 30 hundred eleven-c of this chapter for violations of bus lane restrictions 31 as defined in such section; and shall adjudicate the liability of owners 32 for violations of subdivision (b), (c), (d), (f) or (g) of section elev- 33 en hundred eighty of this chapter in accordance with section eleven 34 hundred eighty-b of this chapter. For the purposes of this article, a 35 parking violation is the violation of any law, rule or regulation 36 providing for or regulating the parking, stopping or standing of a vehi- 37 cle. In addition for purposes of this article, "commissioner" shall mean 38 and include the commissioner of traffic of the city or an official 39 possessing authority as such a commissioner. 40 S 2-c. Subdivision 1 of section 236 of the vehicle and traffic law, as 41 amended by section 2-c of chapter 189 of the laws of 2013, is amended to 42 read as follows: 43 1. Creation. In any city as hereinbefore or hereafter authorized such 44 tribunal when created shall be known as the parking violations bureau 45 and, WHERE AUTHORIZED BY LOCAL LAW ADOPTED PURSUANT TO SUBDIVISION (A) 46 OF SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, shall have jurisdic- 47 tion of traffic infractions which constitute a parking violation and 48 shall adjudicate the liability of owners for violations of subdivision 49 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- 50 ter in accordance with section eleven hundred eighty-b of this chapter. 51 For the purposes of this article, a parking violation is the violation 52 of any law, rule or regulation providing for or regulating the parking, 53 stopping or standing of a vehicle. In addition for purposes of this 54 article, "commissioner" shall mean and include the commissioner of traf- 55 fic of the city or an official possessing authority as such a commis- 56 sioner. S. 7236--A 6 1 S 2-d. Subdivision 1 of section 236 of the vehicle and traffic law, as 2 added by chapter 715 of the laws of 1972, is amended to read as follows: 3 1. Creation. In any city as hereinbefore or hereafter authorized such 4 tribunal when created shall be known as the parking violations bureau 5 and, WHERE AUTHORIZED BY LOCAL LAW ADOPTED PURSUANT TO SUBDIVISION (A) 6 OF SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, shall have jurisdic- 7 tion of traffic infractions which constitute a parking violation. For 8 the purposes of this article, a parking violation is the violation of 9 any law, rule or regulation providing for or regulating the parking, 10 stopping or standing of a vehicle. In addition for purposes of this 11 article, "commissioner" shall mean and include the commissioner of traf- 12 fic of the city or an official possessing authority as such a commis- 13 sioner. 14 S 3. Section 237 of the vehicle and traffic law is amended by adding a 15 new subdivision 14 to read as follows: 16 14. TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVI- 17 SION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE 18 WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, IF AUTHORIZED BY 19 LOCAL LAW ADOPTED PURSUANT TO SUBDIVISION (A) OF SUCH SECTION ELEVEN 20 HUNDRED ELEVEN-D. 21 S 4. Paragraph f of subdivision 1 of section 239 of the vehicle and 22 traffic law, as amended by section 4 of chapter 189 of the laws of 2013, 23 is amended to read as follows: 24 f. "Notice of violation" means a notice of violation as defined in 25 subdivision nine of section two hundred thirty-seven of this article, 26 but shall not be deemed to include a notice of liability issued pursuant 27 to authorization set forth in section eleven hundred eleven-a of this 28 chapter, or sections eleven hundred eleven-b of this chapter as added by 29 sections sixteen of chapters twenty, twenty-one, and twenty-two of the 30 laws of two thousand nine, OR SECTION ELEVEN HUNDRED ELEVEN-D OF THIS 31 CHAPTER, and shall not be deemed to include a notice of liability issued 32 pursuant to section two thousand nine hundred eighty-five of the public 33 authorities law and sections sixteen-a, sixteen-b and sixteen-c of chap- 34 ter seven hundred seventy-four of the laws of nineteen hundred fifty and 35 shall not be deemed to include a notice of liability issued pursuant to 36 section eleven hundred eleven-c of this chapter and shall not be deemed 37 to include a notice of liability issued pursuant to section eleven 38 hundred eighty-b of this chapter. 39 S 4-a. Paragraph f of subdivision 1 of section 239 of the vehicle and 40 traffic law, as amended by section 4-a of chapter 189 of the laws of 41 2013, is amended to read as follows: 42 f. "Notice of violation" means a notice of violation as defined in 43 subdivision nine of section two hundred thirty-seven of this article but 44 shall not be deemed to include a notice of liability issued pursuant to 45 authorization set forth in sections eleven hundred eleven-b of this 46 chapter as added by sections sixteen of chapters twenty, twenty-one, and 47 twenty-two of the laws of two thousand nine OR SECTION ELEVEN HUNDRED 48 ELEVEN-D OF THIS CHAPTER and shall not be deemed to include a notice of 49 liability issued pursuant to section eleven hundred eleven-c of this 50 chapter and shall not be deemed to include a notice of liability issued 51 pursuant to section eleven hundred eighty-b of this chapter. 52 S 4-b. Paragraph f of subdivision 1 of section 239 of the vehicle and 53 traffic law, as amended by section 4-b of chapter 189 of the laws of 54 2013, is amended to read as follows: 55 f. "Notice of violation" means a notice of violation as defined in 56 subdivision nine of section two hundred thirty-seven of this article and S. 7236--A 7 1 shall not be deemed to include a notice of liability issued pursuant TO 2 AUTHORIZATION SET FORTH IN SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAP- 3 TER AND SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED 4 PURSUANT to section eleven hundred eleven-c of this chapter and shall 5 not be deemed to include a notice of liability issued pursuant to 6 section eleven hundred eighty-b of this chapter. 7 S 4-c. Paragraph f of subdivision 1 of section 239 of the vehicle and 8 traffic law, as amended by section 4-c of chapter 189 of the laws of 9 2013, is amended to read as follows: 10 f. "Notice of violation" means a notice of violation as defined in 11 subdivision nine of section two hundred thirty-seven of this article AND 12 SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT TO 13 AUTHORIZATION SET FORTH IN SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAP- 14 TER and shall not be deemed to include a notice of liability issued 15 pursuant to section eleven hundred eighty-b of this chapter. 16 S 4-d. Paragraph f of subdivision 1 of section 239 of the vehicle and 17 traffic law, as added by chapter 180 of the laws of 1980, is amended to 18 read as follows: 19 f. "Notice of violation" means a notice of violation as defined in 20 subdivision nine of section two hundred thirty-seven of this article AND 21 SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT TO 22 AUTHORIZATION SET FORTH IN SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAP- 23 TER. 24 S 5. Subdivisions 1 and 1-a of section 240 of the vehicle and traffic 25 law, as amended by section 6 of chapter 189 of the laws of 2013, are 26 amended to read as follows: 27 1. Notice of hearing. Whenever a person charged with a parking 28 violation enters a plea of not guilty or a person alleged to be liable 29 in accordance with section eleven hundred eleven-a of this chapter or 30 sections eleven hundred eleven-b of this chapter as added by sections 31 sixteen of chapters twenty, twenty-one, and twenty-two of the laws of 32 two thousand nine OR SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, 33 for a violation of subdivision (d) of section eleven hundred eleven of 34 this chapter contests such allegation, or a person alleged to be liable 35 in accordance with the provisions of section two thousand nine hundred 36 eighty-five of the public authorities law or sections sixteen-a, 37 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the 38 laws of nineteen hundred fifty, or a person alleged to be liable in 39 accordance with the provisions of section eleven hundred eleven-c of 40 this chapter for a violation of a bus lane restriction as defined in 41 such section contests such allegation, or a person alleged to be liable 42 in accordance with the provisions of section eleven hundred eighty-b of 43 this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of 44 section eleven hundred eighty of this chapter contests such allegation, 45 the bureau shall advise such person personally by such form of first 46 class mail as the director may direct of the date on which he or she 47 must appear to answer the charge at a hearing. The form and content of 48 such notice of hearing shall be prescribed by the director, and shall 49 contain a warning to advise the person so pleading or contesting that 50 failure to appear on the date designated, or on any subsequent adjourned 51 date, shall be deemed an admission of liability, and that a default 52 judgment may be entered thereon. 53 1-a. Fines and penalties. Whenever a plea of not guilty has been 54 entered, or the bureau has been notified that an allegation of liability 55 in accordance with section eleven hundred eleven-a of this chapter or 56 sections eleven hundred eleven-b of this chapter as added by sections S. 7236--A 8 1 sixteen of chapters twenty, twenty-one, and twenty-two of the laws of 2 two thousand nine OR SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER or 3 an allegation of liability in accordance with section two thousand nine 4 hundred eighty-five of the public authorities law or sections sixteen-a, 5 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the 6 laws of nineteen hundred fifty or an allegation of liability in accord- 7 ance with section eleven hundred eleven-c of this chapter or an allega- 8 tion of liability in accordance with section eleven hundred eighty-b of 9 this chapter, is being contested, by a person in a timely fashion and a 10 hearing upon the merits has been demanded, but has not yet been held, 11 the bureau shall not issue any notice of fine or penalty to that person 12 prior to the date of the hearing. 13 S 5-a. Subdivisions 1 and 1-a of section 240 of the vehicle and traf- 14 fic law, as amended by section 6-a of chapter 189 of the laws of 2013, 15 are amended to read as follows: 16 1. Notice of hearing. Whenever a person charged with a parking 17 violation enters a plea of not guilty or a person alleged to be liable 18 in accordance with sections eleven hundred eleven-b of this chapter as 19 added by sections sixteen of chapters twenty, twenty-one, and twenty-two 20 of the laws of two thousand nine OR SECTION ELEVEN HUNDRED ELEVEN-D OF 21 THIS CHAPTER for a violation of subdivision (d) of section eleven 22 hundred eleven of this chapter, or a person alleged to be liable in 23 accordance with the provisions of section eleven hundred eleven-c of 24 this chapter for a violation of a bus lane restriction as defined in 25 such section contests such allegation, or a person alleged to be liable 26 in accordance with the provisions of section eleven hundred eighty-b of 27 this chapter for violations of subdivision (b), (c), (d), (f) or (g) of 28 section eleven hundred eighty of this chapter contests such allegation, 29 the bureau shall advise such person personally by such form of first 30 class mail as the director may direct of the date on which he or she 31 must appear to answer the charge at a hearing. The form and content of 32 such notice of hearing shall be prescribed by the director, and shall 33 contain a warning to advise the person so pleading or contesting that 34 failure to appear on the date designated, or on any subsequent adjourned 35 date, shall be deemed an admission of liability, and that a default 36 judgment may be entered thereon. 37 1-a. Fines and penalties. Whenever a plea of not guilty has been 38 entered, or the bureau has been notified that an allegation of liability 39 in accordance with sections eleven hundred eleven-b of this chapter, as 40 added by sections sixteen of chapters twenty, twenty-one, and twenty-two 41 of the laws of two thousand nine[,] OR IN ACCORDANCE WITH SECTION ELEVEN 42 HUNDRED ELEVEN-D OF THIS CHAPTER or an allegation of liability in 43 accordance with section eleven hundred eleven-c of this chapter or an 44 allegation of liability in accordance with section eleven hundred eight- 45 y-b of this chapter is being contested, by a person in a timely fashion 46 and a hearing upon the merits has been demanded, but has not yet been 47 held, the bureau shall not issue any notice of fine or penalty to that 48 person prior to the date of the hearing. 49 S 5-b. Subdivisions 1 and 1-a of section 240 of the vehicle and traf- 50 fic law, as amended by section 6-b of chapter 189 of the laws of 2013, 51 are amended to read as follows: 52 1. Notice of hearing. Whenever a person charged with a parking 53 violation enters a plea of not guilty or a person alleged to be liable 54 in accordance with SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER OR IN 55 ACCORDANCE WITH the provisions of section eleven hundred eleven-c of 56 this chapter for a violation of a bus lane restriction as defined in S. 7236--A 9 1 such section, contests such allegation, or a person alleged to be liable 2 in accordance with the provisions of section eleven hundred eighty-b of 3 this chapter for violations of subdivision (b), (c), (d), (f) or (g) of 4 section eleven hundred eighty of this chapter contests such allegation, 5 the bureau shall advise such person personally by such form of first 6 class mail as the director may direct of the date on which he or she 7 must appear to answer the charge at a hearing. The form and content of 8 such notice of hearing shall be prescribed by the director, and shall 9 contain a warning to advise the person so pleading that failure to 10 appear on the date designated, or on any subsequent adjourned date, 11 shall be deemed an admission of liability, and that a default judgment 12 may be entered thereon. 13 1-a. Fines and penalties. Whenever a plea of not guilty has been 14 entered, or the bureau has been notified that an allegation of liability 15 in accordance with SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER OR IN 16 ACCORDANCE WITH section eleven hundred eleven-c of this chapter or an 17 allegation of liability in accordance with section eleven hundred eight- 18 y-b of this chapter is being contested, by a person in a timely fashion 19 and a hearing upon the merits has been demanded, but has not yet been 20 held, the bureau shall not issue any notice of fine or penalty to that 21 person prior to the date of the hearing. 22 S 5-c. Subdivisions 1 and 1-a of section 240 of the vehicle and traf- 23 fic law, as amended by section 6-c of chapter 189 of the laws of 2013, 24 are amended to read as follows: 25 1. Notice of hearing. Whenever a person charged with a parking 26 violation enters a plea of not guilty, OR A PERSON ALLEGED TO BE LIABLE 27 IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, or a 28 person alleged to be liable in accordance with the provisions of section 29 eleven hundred eighty-b of this chapter for violations of subdivision 30 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- 31 ter contests such allegation, the bureau shall advise such person 32 personally by such form of first class mail as the director may direct 33 of the date on which he or she must appear to answer the charge at a 34 hearing. The form and content of such notice of hearing shall be 35 prescribed by the director, and shall contain a warning to advise the 36 person so pleading that failure to appear on the date designated, or on 37 any subsequent adjourned date, shall be deemed an admission of liabil- 38 ity, and that a default judgment may be entered thereon. 39 1-a. Fines and penalties. Whenever a plea of not guilty has been 40 entered, OR THE BUREAU HAS BEEN NOTIFIED THAT AN ALLEGATION OF LIABILITY 41 IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, or 42 the bureau has been notified that an allegation of liability in accord- 43 ance with section eleven hundred eighty-b of this chapter, is being 44 contested, by a person in a timely fashion and a hearing upon the merits 45 has been demanded, but has not yet been held, the bureau shall not issue 46 any notice of fine or penalty to that person prior to the date of the 47 hearing. 48 S 5-d. Subdivisions 1 and 1-a of section 240 of the vehicle and traf- 49 fic law, subdivision 1 as added by chapter 715 of the laws of 1972 and 50 subdivision 1-a as added by chapter 365 of the laws of 1978, are amended 51 to read as follows: 52 1. Notice of hearing. Whenever a person charged with a parking 53 violation enters a plea of not guilty, OR A PERSON ALLEGED TO BE LIABLE 54 IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER 55 CONTESTS SUCH ALLEGATION, the bureau shall advise such person personally 56 by such form of first class mail as the director may direct of the date S. 7236--A 10 1 on which he OR SHE must appear to answer the charge at a hearing. The 2 form and content of such notice of hearing shall be prescribed by the 3 director, and shall contain a warning to advise the person so pleading 4 that failure to appear on the date designated, or on any subsequent 5 adjourned date, shall be deemed an admission of liability, and that a 6 default judgment may be entered thereon. 7 1-a. Fines and penalties. Whenever a plea of not guilty has been 8 entered, OR THE BUREAU HAS BEEN NOTIFIED THAT AN ALLEGATION OF LIABILITY 9 IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, IS 10 BEING CONTESTED, by a person in a timely fashion and a hearing upon the 11 merits has been demanded, but has not yet been held, the bureau shall 12 not issue any notice of fine or penalty to that person prior to the date 13 of the hearing. 14 S 6. Paragraphs a and g of subdivision 2 of section 240 of the vehicle 15 and traffic law, as amended by section 7 of chapter 189 of the laws of 16 2013, are amended to read as follows: 17 a. Every hearing for the adjudication of a charge of parking violation 18 or an allegation of liability in accordance with section eleven hundred 19 eleven-a of this chapter or in accordance with sections eleven hundred 20 eleven-b of this chapter as added by sections sixteen of chapters twen- 21 ty, twenty-one, and twenty-two of the laws of two thousand nine or IN 22 ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER OR an 23 allegation of liability in accordance with section two thousand nine 24 hundred eighty-five of the public authorities law or sections sixteen-a, 25 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the 26 laws of nineteen hundred fifty or an allegation of liability in accord- 27 ance with section eleven hundred eleven-c of this chapter or an allega- 28 tion of liability in accordance with section eleven hundred eighty-b of 29 this chapter, shall be held before a hearing examiner in accordance with 30 rules and regulations promulgated by the bureau. 31 g. A record shall be made of a hearing on a plea of not guilty or of a 32 hearing at which liability in accordance with section eleven hundred 33 eleven-a of this chapter or in accordance with sections eleven hundred 34 eleven-b of this chapter as added by sections sixteen of chapters twen- 35 ty, twenty-one, and twenty-two of the laws of two thousand nine OR IN 36 ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER is 37 contested or of a hearing at which liability in accordance with section 38 two thousand nine hundred eighty-five of the public authorities law or 39 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred 40 seventy-four of the laws of nineteen hundred fifty is contested or of a 41 hearing at which liability in accordance with section eleven hundred 42 eleven-c of this chapter or a hearing at which liability in accordance 43 with section eleven hundred eighty-b of this chapter is contested. 44 Recording devices may be used for the making of the record. 45 S 6-a. Paragraphs a and g of subdivision 2 of section 240 of the vehi- 46 cle and traffic law, as amended by section 7-a of chapter 189 of the 47 laws of 2013, are amended to read as follows: 48 a. Every hearing for the adjudication of a charge of parking violation 49 or an allegation of liability in accordance with sections eleven hundred 50 eleven-b of this chapter, as added by sections sixteen of chapters twen- 51 ty, twenty-one, and twenty-two of the laws of two thousand nine OR IN 52 ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER or an 53 allegation of liability in accordance with section eleven hundred 54 eleven-c of this chapter or an allegation of liability in accordance 55 with section eleven hundred eighty-b of this chapter, shall be held S. 7236--A 11 1 before a hearing examiner in accordance with rules and regulations 2 promulgated by the bureau. 3 g. A record shall be made of a hearing on a plea of not guilty or of a 4 hearing at which liability in accordance with sections eleven hundred 5 eleven-b of this chapter, as added by sections sixteen of chapters twen- 6 ty, twenty-one, and twenty-two of the laws of two thousand nine OR IN 7 ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER or of a 8 hearing at which liability in accordance with section eleven hundred 9 eleven-c of this chapter or a hearing at which liability in accordance 10 with section eleven hundred eighty-b of this chapter is contested. 11 Recording devices may be used for the making of the record. 12 S 6-b. Paragraphs a and g of subdivision 2 of section 240 of the vehi- 13 cle and traffic law, as amended by section 7-b of chapter 189 of the 14 laws of 2013, are amended to read as follows: 15 a. Every hearing for the adjudication of a charge of parking violation 16 OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED 17 ELEVEN-D OF THIS CHAPTER or an allegation of liability in accordance 18 with section eleven hundred eleven-c of this chapter or an allegation of 19 liability in accordance with section eleven hundred eighty-b of this 20 chapter shall be held before a hearing examiner in accordance with rules 21 and regulations promulgated by the bureau. 22 g. A record shall be made of a hearing on a plea of not guilty or OF A 23 HEARING AT WHICH LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED 24 ELEVEN-D OF THIS CHAPTER OR of a hearing at which liability in accord- 25 ance with section eleven hundred eleven-c of this chapter or a hearing 26 at which liability in accordance with section eleven hundred eighty-b of 27 this chapter is contested. Recording devices may be used for the making 28 of the record. 29 S 6-c. Paragraphs a and g of subdivision 2 of section 240 of the vehi- 30 cle and traffic law, as amended by section 7-c of chapter 189 of the 31 laws of 2013, are amended to read as follows: 32 a. Every hearing for the adjudication of a charge of parking violation 33 OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED 34 ELEVEN-D OF THIS CHAPTER or an allegation of liability in accordance 35 with section eleven hundred eighty-b of this chapter shall be held 36 before a hearing examiner in accordance with rules and regulations 37 promulgated by the bureau. 38 g. A record shall be made of a hearing on a plea of not guilty OR OF A 39 HEARING AT WHICH LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED 40 ELEVEN-D OF THIS CHAPTER or a hearing at which liability in accordance 41 with section eleven hundred eighty-b of this chapter is contested. 42 Recording devices may be used for the making of the record. 43 S 6-d. Paragraphs a and g of subdivision 2 of section 240 of the vehi- 44 cle and traffic law, as added by chapter 715 of the laws of 1972, are 45 amended to read as follows: 46 a. Every hearing for the adjudication of a charge of parking violation 47 OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED 48 ELEVEN-D OF THIS CHAPTER shall be held before a hearing examiner in 49 accordance with rules and regulations promulgated by the bureau. 50 g. A record shall be made of a hearing on a plea of not guilty OR A 51 HEARING AT WHICH LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED 52 ELEVEN-D OF THIS CHAPTER IS CONTESTED. Recording devices may be used for 53 the making of the record. 54 S 7. Subdivisions 1 and 2 of section 241 of the vehicle and traffic 55 law, as amended by section 8 of chapter 189 of the laws of 2013, are 56 amended to read as follows: S. 7236--A 12 1 1. The hearing examiner shall make a determination on the charges, 2 either sustaining or dismissing them. Where the hearing examiner deter- 3 mines that the charges have been sustained he or she may examine either 4 the prior parking violations record or the record of liabilities 5 incurred in accordance with section eleven hundred eleven-a of this 6 chapter or in accordance with sections eleven hundred eleven-b of this 7 chapter as added by sections sixteen of chapters twenty, twenty-one, and 8 twenty-two of the laws of two thousand nine OR IN ACCORDANCE WITH 9 SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER or the record of liabil- 10 ities incurred in accordance with section two thousand nine hundred 11 eighty-five of the public authorities law or sections sixteen-a, 12 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the 13 laws of nineteen hundred fifty of the person charged, or the record of 14 liabilities incurred in accordance with section eleven hundred eleven-c 15 of this chapter, or the record of liabilities incurred in accordance 16 with section eleven hundred eighty-b of this chapter, as applicable 17 prior to rendering a final determination. Final determinations sustain- 18 ing or dismissing charges shall be entered on a final determination roll 19 maintained by the bureau together with records showing payment and 20 nonpayment of penalties. 21 2. Where an operator or owner fails to enter a plea to a charge of a 22 parking violation or contest an allegation of liability in accordance 23 with section eleven hundred eleven-a of this chapter or in accordance 24 with sections eleven hundred eleven-b of this chapter as added by 25 sections sixteen of chapters twenty, twenty-one, and twenty-two of the 26 laws of two thousand nine OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED 27 ELEVEN-D OF THIS CHAPTER or fails to contest an allegation of liability 28 in accordance with section two thousand nine hundred eighty-five of the 29 public authorities law or sections sixteen-a, sixteen-b and sixteen-c of 30 chapter seven hundred seventy-four of the laws of nineteen hundred 31 fifty, or fails to contest an allegation of liability in accordance with 32 section eleven hundred eleven-c of this chapter or fails to contest an 33 allegation of liability in accordance with section eleven hundred eight- 34 y-b of this chapter or fails to appear on a designated hearing date or 35 subsequent adjourned date or fails after a hearing to comply with the 36 determination of a hearing examiner, as prescribed by this article or by 37 rule or regulation of the bureau, such failure to plead or contest, 38 appear or comply shall be deemed, for all purposes, an admission of 39 liability and shall be grounds for rendering and entering a default 40 judgment in an amount provided by the rules and regulations of the 41 bureau. However, after the expiration of the original date prescribed 42 for entering a plea and before a default judgment may be rendered, in 43 such case the bureau shall pursuant to the applicable provisions of law 44 notify such operator or owner, by such form of first class mail as the 45 commission may direct; (1) of the violation charged, or liability in 46 accordance with section eleven hundred eleven-a of this chapter or in 47 accordance with sections eleven hundred eleven-b of this chapter as 48 added by sections sixteen of chapters twenty, twenty-one, and twenty-two 49 of the laws of two thousand nine OR IN ACCORDANCE WITH SECTION ELEVEN 50 HUNDRED ELEVEN-D OF THIS CHAPTER alleged or liability in accordance with 51 section two thousand nine hundred eighty-five of the public authorities 52 law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven 53 hundred seventy-four of the laws of nineteen hundred fifty alleged or 54 liability in accordance with section eleven hundred eleven-c of this 55 chapter or liability in accordance with section eleven hundred eighty-b 56 of this chapter alleged, (2) of the impending default judgment, (3) that S. 7236--A 13 1 such judgment will be entered in the Civil Court of the city in which 2 the bureau has been established, or other court of civil jurisdiction or 3 any other place provided for the entry of civil judgments within the 4 state of New York, and (4) that a default may be avoided by entering a 5 plea or contesting an allegation of liability in accordance with section 6 eleven hundred eleven-a of this chapter or in accordance with sections 7 eleven hundred eleven-b of this chapter as added by sections sixteen of 8 chapters twenty, twenty-one, and twenty-two of the laws of two thousand 9 nine OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAP- 10 TER or contesting an allegation of liability in accordance with section 11 two thousand nine hundred eighty-five of the public authorities law or 12 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred 13 seventy-four of the laws of nineteen hundred fifty or contesting an 14 allegation of liability in accordance with section eleven hundred 15 eleven-c of this chapter or contesting an allegation of liability in 16 accordance with section eleven hundred eighty-b of this chapter, as 17 appropriate, or making an appearance within thirty days of the sending 18 of such notice. Pleas entered and allegations contested within that 19 period shall be in the manner prescribed in the notice and not subject 20 to additional penalty or fee. Such notice of impending default judgment 21 shall not be required prior to the rendering and entry thereof in the 22 case of operators or owners who are non-residents of the state of New 23 York. In no case shall a default judgment be rendered or, where 24 required, a notice of impending default judgment be sent, more than two 25 years after the expiration of the time prescribed for entering a plea or 26 contesting an allegation. When a person has demanded a hearing, no fine 27 or penalty shall be imposed for any reason, prior to the holding of the 28 hearing. If the hearing examiner shall make a determination on the 29 charges, sustaining them, he or she shall impose no greater penalty or 30 fine than those upon which the person was originally charged. 31 S 7-a. Subdivisions 1 and 2 of section 241 of the vehicle and traffic 32 law, as amended by section 8-a of chapter 189 of the laws of 2013, are 33 amended to read as follows: 34 1. The hearing examiner shall make a determination on the charges, 35 either sustaining or dismissing them. Where the hearing examiner deter- 36 mines that the charges have been sustained he or she may examine either 37 the prior parking violations record or the record of liabilities 38 incurred in accordance with sections eleven hundred eleven-b of this 39 chapter as added by sections sixteen of chapters twenty, twenty-one, and 40 twenty-two of the laws of two thousand nine OR IN ACCORDANCE WITH 41 SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER of the person charged, 42 or the record of liabilities incurred in accordance with section eleven 43 hundred eleven-c of this chapter, or the record of liabilities incurred 44 in accordance with section eleven hundred eighty-b of this chapter, as 45 applicable prior to rendering a final determination. Final determi- 46 nations sustaining or dismissing charges shall be entered on a final 47 determination roll maintained by the bureau together with records show- 48 ing payment and nonpayment of penalties. 49 2. Where an operator or owner fails to enter a plea to a charge of a 50 parking violation or contest an allegation of liability in accordance 51 with sections eleven hundred eleven-b of this chapter as added by 52 sections sixteen of chapters twenty, twenty-one, and twenty-two of the 53 laws of two thousand nine OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED 54 ELEVEN-D OF THIS CHAPTER, or fails to contest an allegation of liability 55 in accordance with section eleven hundred eleven-c of this chapter, or 56 fails to contest an allegation of liability incurred in accordance with S. 7236--A 14 1 section eleven hundred eighty-b of this chapter, or fails to appear on a 2 designated hearing date or subsequent adjourned date or fails after a 3 hearing to comply with the determination of a hearing examiner, as 4 prescribed by this article or by rule or regulation of the bureau, such 5 failure to plead, contest, appear or comply shall be deemed, for all 6 purposes, an admission of liability and shall be grounds for rendering 7 and entering a default judgment in an amount provided by the rules and 8 regulations of the bureau. However, after the expiration of the original 9 date prescribed for entering a plea and before a default judgment may be 10 rendered, in such case the bureau shall pursuant to the applicable 11 provisions of law notify such operator or owner, by such form of first 12 class mail as the commission may direct; (1) of the violation charged, 13 or liability in accordance with sections eleven hundred eleven-b of this 14 chapter, as added by sections sixteen of chapters twenty, twenty-one, 15 and twenty-two of the laws of two thousand nine OR IN ACCORDANCE WITH 16 SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, or liability in accord- 17 ance with section eleven hundred eleven-c of this chapter or liability 18 in accordance with section eleven hundred eighty-b of this chapter 19 alleged, (2) of the impending default judgment, (3) that such judgment 20 will be entered in the Civil Court of the city in which the bureau has 21 been established, or other court of civil jurisdiction or any other 22 place provided for the entry of civil judgments within the state of New 23 York, and (4) that a default may be avoided by entering a plea or 24 contesting an allegation of liability in accordance with sections eleven 25 hundred eleven-b of this chapter as added by sections sixteen of chap- 26 ters twenty, twenty-one, and twenty-two of the laws of two thousand nine 27 OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, 28 or contesting an allegation of liability in accordance with section 29 eleven hundred eleven-c of this chapter or contesting an allegation of 30 liability in accordance with section eleven hundred eighty-b of this 31 chapter as appropriate, or making an appearance within thirty days of 32 the sending of such notice. Pleas entered and allegations contested 33 within that period shall be in the manner prescribed in the notice and 34 not subject to additional penalty or fee. Such notice of impending 35 default judgment shall not be required prior to the rendering and entry 36 thereof in the case of operators or owners who are non-residents of the 37 state of New York. In no case shall a default judgment be rendered or, 38 where required, a notice of impending default judgment be sent, more 39 than two years after the expiration of the time prescribed for entering 40 a plea or contesting an allegation. When a person has demanded a hear- 41 ing, no fine or penalty shall be imposed for any reason, prior to the 42 holding of the hearing. If the hearing examiner shall make a determi- 43 nation on the charges, sustaining them, he or she shall impose no great- 44 er penalty or fine than those upon which the person was originally 45 charged. 46 S 7-b. Subdivisions 1 and 2 of section 241 of the vehicle and traffic 47 law, as amended by section 8-b of chapter 189 of the laws of 2013, are 48 amended to read as follows: 49 1. The hearing examiner shall make a determination on the charges, 50 either sustaining or dismissing them. Where the hearing examiner deter- 51 mines that the charges have been sustained he or she may examine the 52 prior parking violations record OR THE RECORD OF LIABILITIES INCURRED IN 53 ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER of the 54 person charged, or the record of liabilities incurred in accordance with 55 section eleven hundred eleven-c of this chapter, or the record of 56 liabilities incurred in accordance with section eleven hundred eighty-b S. 7236--A 15 1 of this chapter, as applicable, prior to rendering a final determi- 2 nation. Final determinations sustaining or dismissing charges shall be 3 entered on a final determination roll maintained by the bureau together 4 with records showing payment and nonpayment of penalties. 5 2. Where an operator or owner fails to enter a plea to a charge of a 6 parking violation OR CONTEST AN ALLEGATION OF LIABILITY IN ACCORDANCE 7 WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, or fails to 8 contest an allegation of liability in accordance with section eleven 9 hundred eleven-c of this chapter, or fails to contest an allegation of 10 liability incurred in accordance with section eleven hundred eighty-b of 11 this chapter, or fails to appear on a designated hearing date or subse- 12 quent adjourned date or fails after a hearing to comply with the deter- 13 mination of a hearing examiner, as prescribed by this article or by rule 14 or regulation of the bureau, such failure to plead, appear or comply 15 shall be deemed, for all purposes, an admission of liability and shall 16 be grounds for rendering and entering a default judgment in an amount 17 provided by the rules and regulations of the bureau. However, after the 18 expiration of the original date prescribed for entering a plea and 19 before a default judgment may be rendered, in such case the bureau shall 20 pursuant to the applicable provisions of law notify such operator or 21 owner, by such form of first class mail as the commission may direct; 22 (1) of the violation charged, OR LIABILITY IN ACCORDANCE WITH SECTION 23 ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, or alleged liability in accord- 24 ance with section eleven hundred eleven-c of this chapter or alleged 25 liability in accordance with section eleven hundred eighty-b of this 26 chapter, (2) of the impending default judgment, (3) that such judgment 27 will be entered in the Civil Court of the city in which the bureau has 28 been established, or other court of civil jurisdiction or any other 29 place provided for the entry of civil judgments within the state of New 30 York, and (4) that a default may be avoided by entering a plea or 31 CONTESTING AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN 32 HUNDRED ELEVEN-D OF THIS CHAPTER OR contesting an allegation of liabil- 33 ity in accordance with section eleven hundred eleven-c of this chapter 34 or contesting an allegation of liability in accordance with section 35 eleven hundred eighty-b of this chapter or making an appearance within 36 thirty days of the sending of such notice. Pleas entered 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. 44 When a person has demanded a hearing, no fine or penalty shall be 45 imposed for any reason, prior to the holding of the hearing. If the 46 hearing examiner shall make a determination on the charges, sustaining 47 them, he or she shall impose no greater penalty or fine than those upon 48 which the person was originally charged. 49 S 7-c. Subdivisions 1 and 2 of section 241 of the vehicle and traffic 50 law, as amended by section 8-c of chapter 189 of the laws of 2013, are 51 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 SECTION ELEVEN HUNDRED ELEVEN-D OF THIS S. 7236--A 16 1 CHAPTER of the person charged, or the record of liabilities incurred in 2 accordance with section eleven hundred eighty-b of this chapter, as 3 applicable, prior to rendering a final determination. Final determi- 4 nations sustaining or dismissing charges shall be entered on a final 5 determination roll maintained by the bureau together with records show- 6 ing payment and nonpayment of penalties. 7 2. Where an operator or owner fails to enter a plea to a charge of a 8 parking violation OR CONTEST AN ALLEGATION OF LIABILITY IN ACCORDANCE 9 WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER or fails to contest 10 an allegation of liability incurred in accordance with section eleven 11 hundred eighty-b of this chapter or fails to appear on a designated 12 hearing date or subsequent adjourned date or fails after a hearing to 13 comply with the determination of a hearing examiner, as prescribed by 14 this article or by rule or regulation of the bureau, such failure to 15 plead, appear or comply shall be deemed, for all purposes, an admission 16 of liability and shall be grounds for rendering and entering a default 17 judgment in an amount provided by the rules and regulations of the 18 bureau. However, after the expiration of the original date prescribed 19 for entering a plea and before a default judgment may be rendered, in 20 such case the bureau shall pursuant to the applicable provisions of law 21 notify such operator or owner, by such form of first class mail as the 22 commission may direct; (1) of the violation charged OR LIABILITY IN 23 ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER or 24 liability in accordance with section eleven hundred eighty-b of this 25 chapter alleged, (2) of the impending default judgment, (3) that such 26 judgment will be entered in the Civil Court of the city in which the 27 bureau has been established, or other court of civil jurisdiction or any 28 other place provided for the entry of civil judgments within the state 29 of New York, and (4) that a default may be avoided by entering a plea or 30 CONTESTING AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN 31 HUNDRED ELEVEN-D OF THIS CHAPTER OR contesting an allegation of liabil- 32 ity in accordance with section eleven hundred eighty-b of this chapter 33 or making an appearance within thirty days of the sending of such 34 notice. Pleas entered within that period shall be in the manner 35 prescribed in the notice and not subject to additional penalty or fee. 36 Such notice of impending default judgment shall not be required prior to 37 the rendering and entry thereof in the case of operators or owners who 38 are non-residents of the state of New York. In no case shall a default 39 judgment be rendered or, where required, a notice of impending default 40 judgment be sent, more than two years after the expiration of the time 41 prescribed for entering a plea. When a person has demanded a hearing, no 42 fine or penalty shall be imposed for any reason, prior to the holding of 43 the hearing. If the hearing examiner shall make a determination on the 44 charges, sustaining them, he shall impose no greater penalty or fine 45 than those upon which the person was originally charged. 46 S 7-d. Subdivisions 1 and 2 of section 241 of the vehicle and traffic 47 law, subdivision 1 as added by chapter 715 of the laws of 1972 and 48 subdivision 2 as amended by chapter 365 of the laws of 1978, are amended 49 to read as follows: 50 1. The hearing examiner shall make a determination on the charges, 51 either sustaining or dismissing them. Where the hearing examiner deter- 52 mines that the charges have been sustained he OR SHE may examine EITHER 53 the prior parking violations record OR THE RECORD OF LIABILITIES 54 INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS 55 CHAPTER of the person charged, AS APPLICABLE, prior to rendering a final 56 determination. Final determinations sustaining or dismissing charges S. 7236--A 17 1 shall be entered on a final determination roll maintained by the bureau 2 together with records showing payment and nonpayment of penalties. 3 2. Where an operator or owner fails to enter a plea to a charge of a 4 parking violation OR CONTEST AN ALLEGATION OF LIABILITY IN ACCORDANCE 5 WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER or fails to appear 6 on a designated hearing date or subsequent adjourned date or fails after 7 a hearing to comply with the determination of a hearing examiner, as 8 prescribed by this article or by rule or regulation of the bureau, such 9 failure to plead, appear or comply shall be deemed, for all purposes, an 10 admission of liability and shall be grounds for rendering and entering a 11 default judgment in an amount provided by the rules and regulations of 12 the bureau. However, after the expiration of the original date 13 prescribed for entering a plea and before a default judgment may be 14 rendered, in such case the bureau shall pursuant to the applicable 15 provisions of law notify such operator or owner, by such form of first 16 class mail as the commission may direct; (1) of the violation charged OR 17 LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS 18 CHAPTER ALLEGED, (2) of the impending default judgment, (3) that such 19 judgment will be entered in the Civil Court of the city in which the 20 bureau has been established, or other court of civil jurisdiction or any 21 other place provided for the entry of civil judgments within the state 22 of New York, and (4) that a default may be avoided by entering a plea OR 23 CONTESTING AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN 24 HUNDRED ELEVEN-D OF THIS CHAPTER or making an appearance within thirty 25 days of the sending of such notice. Pleas entered within that period 26 shall be in the manner prescribed in the notice and not subject to addi- 27 tional penalty or fee. Such notice of impending default judgment shall 28 not be required prior to the rendering and entry thereof in the case of 29 operators or owners who are non-residents of the state of New York. In 30 no case shall a default judgment be rendered or, where required, a 31 notice of impending default judgment be sent, more than two years after 32 the expiration of the time prescribed for entering a plea. When a person 33 has demanded a hearing, no fine or penalty shall be imposed for any 34 reason, prior to the holding of the hearing. If the hearing examiner 35 shall make a determination on the charges, sustaining them, he shall 36 impose no greater penalty or fine than those upon which the person was 37 originally charged. 38 S 8. Subparagraph (i) of paragraph a of subdivision 5-a of section 401 39 of the vehicle and traffic law, as amended by section 9 of chapter 189 40 of the laws of 2013, is amended to read as follows: 41 (i) If at the time of application for a registration or renewal there- 42 of there is a certification from a court, parking violations bureau, 43 traffic and parking violations agency or administrative tribunal of 44 appropriate jurisdiction or administrative tribunal of appropriate 45 jurisdiction that the registrant or his or her representative failed to 46 appear on the return date or any subsequent adjourned date or failed to 47 comply with the rules and regulations of an administrative tribunal 48 following entry of a final decision in response to a total of three or 49 more summonses or other process in the aggregate, issued within an eigh- 50 teen month period, charging either that: (i) such motor vehicle was 51 parked, stopped or standing, or that such motor vehicle was operated for 52 hire by the registrant or his or her agent without being licensed as a 53 motor vehicle for hire by the appropriate local authority, in violation 54 of any of the provisions of this chapter or of any law, ordinance, rule 55 or regulation made by a local authority; or (ii) the registrant was 56 liable in accordance with section eleven hundred eleven-a [of this chap- S. 7236--A 18 1 ter or], section eleven hundred eleven-b OR SECTION ELEVEN HUNDRED 2 ELEVEN-D of this chapter for a violation of subdivision (d) of section 3 eleven hundred eleven of this chapter; or (iii) the registrant was 4 liable in accordance with section eleven hundred eleven-c of this chap- 5 ter for a violation of a bus lane restriction as defined in such 6 section, or (iv) the registrant was liable in accordance with section 7 eleven hundred eighty-b of this chapter for a violation of subdivision 8 (c) or (d) of section eleven hundred eighty of this chapter, the commis- 9 sioner or his or her agent shall deny the registration or renewal appli- 10 cation until the applicant provides proof from the court, traffic and 11 parking violations agency or administrative tribunal wherein the charges 12 are pending that an appearance or answer has been made or in the case of 13 an administrative tribunal that he or she has complied with the rules 14 and regulations of said tribunal following entry of a final decision. 15 Where an application is denied pursuant to this section, the commission- 16 er may, in his or her discretion, deny a registration or renewal appli- 17 cation to any other person for the same vehicle and may deny a registra- 18 tion or renewal application for any other motor vehicle registered in 19 the name of the applicant where the commissioner has determined that 20 such registrant's intent has been to evade the purposes of this subdivi- 21 sion and where the commissioner has reasonable grounds to believe that 22 such registration or renewal will have the effect of defeating the 23 purposes of this subdivision. Such denial shall only remain in effect as 24 long as the summonses remain unanswered, or in the case of an adminis- 25 trative tribunal, the registrant fails to comply with the rules and 26 regulations following entry of a final decision. 27 S 8-a. Paragraph a of subdivision 5-a of section 401 of the vehicle 28 and traffic law, as amended by section 9-a of chapter 189 of the laws of 29 2013, is amended to read as follows: 30 a. If at the time of application for a registration or renewal thereof 31 there is a certification from a court or administrative tribunal of 32 appropriate jurisdiction that the registrant or his or her represen- 33 tative failed to appear on the return date or any subsequent adjourned 34 date or failed to comply with the rules and regulations of an adminis- 35 trative tribunal following entry of a final decision in response to a 36 total of three or more summonses or other process in the aggregate, 37 issued within an eighteen month period, charging either that: (i) such 38 motor vehicle was parked, stopped or standing, or that such motor vehi- 39 cle was operated for hire by the registrant or his or her agent without 40 being licensed as a motor vehicle for hire by the appropriate local 41 authority, in violation of any of the provisions of this chapter or of 42 any law, ordinance, rule or regulation made by a local authority; or 43 (ii) the registrant was liable in accordance with section eleven hundred 44 eleven-b of this chapter for a violation of subdivision (d) of section 45 eleven hundred eleven of this chapter; or (iii) the registrant was 46 liable in accordance with section eleven hundred eleven-c of this chap- 47 ter for a violation of a bus lane restriction as defined in such 48 section; OR (IV) THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION 49 ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION 50 (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER or [(iv)] (V) the 51 registrant was liable in accordance with section eleven hundred eighty-b 52 of this chapter for a violation of subdivision (b), (c), (d), (f) or (g) 53 of section eleven hundred eighty of this chapter, the commissioner or 54 his or her agent shall deny the registration or renewal application 55 until the applicant provides proof from the court or administrative 56 tribunal wherein the charges are pending that an appearance or answer S. 7236--A 19 1 has been made or in the case of an administrative tribunal that he or 2 she has complied with the rules and regulations of said tribunal follow- 3 ing entry of a final decision. Where an application is denied pursuant 4 to this section, the commissioner may, in his or her discretion, deny a 5 registration or renewal application to any other person for the same 6 vehicle and may deny a registration or renewal application for any other 7 motor vehicle registered in the name of the applicant where the commis- 8 sioner has determined that such registrant's intent has been to evade 9 the purposes of this subdivision and where the commissioner has reason- 10 able grounds to believe that such registration or renewal will have the 11 effect of defeating the purposes of this subdivision. Such denial shall 12 only remain in effect as long as the summonses remain unanswered, or in 13 the case of an administrative tribunal, the registrant fails to comply 14 with the rules and regulations following entry of a final decision. 15 S 8-b. Paragraph a of subdivision 5-a of section 401 of the vehicle 16 and traffic law, as amended by section 9-b of chapter 189 of the laws of 17 2013, is amended to read as follows: 18 a. If at the time of application for a registration or renewal thereof 19 there is a certification from a court or administrative tribunal of 20 appropriate jurisdiction that the registrant or his or her represen- 21 tative failed to appear on the return date or any subsequent adjourned 22 date or failed to comply with the rules and regulations of an adminis- 23 trative tribunal following entry of a final decision in response to 24 three or more summonses or other process, issued within an eighteen 25 month period, charging that: (I) such motor vehicle was parked, stopped 26 or standing, or that such motor vehicle was operated for hire by the 27 registrant or his or her agent without being licensed as a motor vehicle 28 for hire by the appropriate local authority, in violation of any of the 29 provisions of this chapter or of any law, ordinance, rule or regulation 30 made by a local authority; or (II) the registrant was liable in accord- 31 ance with section eleven hundred eleven-c of this chapter for a 32 violation of a bus lane restriction as defined in such section[,]; OR 33 (III) THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION ELEVEN 34 HUNDRED ELEVEN-D OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (D) OF 35 SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER; or (IV) the registrant 36 was liable in accordance with section eleven hundred eighty-b of this 37 chapter for a violation of subdivision (b), (c), (d), (f) or (g) of 38 section eleven hundred eighty of this chapter, the commissioner or his 39 or her agent shall deny the registration or renewal application until 40 the applicant provides proof from the court or administrative tribunal 41 wherein the charges are pending that an appearance or answer has been 42 made or in the case of an administrative tribunal that he or she has 43 complied with the rules and regulations of said tribunal following entry 44 of a final decision. Where an application is denied pursuant to this 45 section, the commissioner may, in his or her discretion, deny a regis- 46 tration or renewal application to any other person for the same vehicle 47 and may deny a registration or renewal application for any other motor 48 vehicle registered in the name of the applicant where the commissioner 49 has determined that such registrant's intent has been to evade the 50 purposes of this subdivision and where the commissioner has reasonable 51 grounds to believe that such registration or renewal will have the 52 effect of defeating the purposes of this subdivision. Such denial shall 53 only remain in effect as long as the summonses remain unanswered, or in 54 the case of an administrative tribunal, the registrant fails to comply 55 with the rules and regulations following entry of a final decision. S. 7236--A 20 1 S 8-c. Paragraph a of subdivision 5-a of section 401 of the vehicle 2 and traffic law, as amended by section 9-c of chapter 189 of the laws of 3 2013, is amended to read as follows: 4 a. If at the time of application for a registration or renewal thereof 5 there is a certification from a court or administrative tribunal of 6 appropriate jurisdiction that the registrant or his representative 7 failed to appear on the return date or any subsequent adjourned date or 8 failed to comply with the rules and regulations of an administrative 9 tribunal following entry of a final decision in response to three or 10 more summonses or other process, issued within an eighteen month period, 11 charging that: (I) such motor vehicle was parked, stopped or standing, 12 or that such motor vehicle was operated for hire by the registrant or 13 his agent without being licensed as a motor vehicle for hire by the 14 appropriate local authority, in violation of any of the provisions of 15 this chapter or of any law, ordinance, rule or regulation made by a 16 local authority[,]; OR (II) THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH 17 SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER FOR A VIOLATION OF 18 SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER; or 19 (III) the registrant was liable in accordance with section eleven 20 hundred eighty-b of this chapter for violations of subdivision (b), (c), 21 (d), (f) or (g) of section eleven hundred eighty of this chapter, the 22 commissioner or his agent shall deny the registration or renewal appli- 23 cation until the applicant provides proof from the court or administra- 24 tive tribunal wherein the charges are pending that an appearance or 25 answer has been made or in the case of an administrative tribunal that 26 he has complied with the rules and regulations of said tribunal follow- 27 ing entry of a final decision. Where an application is denied pursuant 28 to this section, the commissioner may, in his discretion, deny a regis- 29 tration or renewal application to any other person for the same vehicle 30 and may deny a registration or renewal application for any other motor 31 vehicle registered in the name of the applicant where the commissioner 32 has determined that such registrant's intent has been to evade the 33 purposes of this subdivision and where the commissioner has reasonable 34 grounds to believe that such registration or renewal will have the 35 effect of defeating the purposes of this subdivision. Such denial shall 36 only remain in effect as long as the summonses remain unanswered, or in 37 the case of an administrative tribunal, the registrant fails to comply 38 with the rules and regulations following entry of a final decision. 39 S 8-d. Paragraph a of subdivision 5-a of section 401 of the vehicle 40 and traffic law, as separately amended by chapters 339 and 592 of the 41 laws of 1987, is amended 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 representative 45 failed to appear on the return date or any subsequent adjourned date or 46 failed to comply with the rules and regulations of an administrative 47 tribunal following entry of a final decision in response to three or 48 more summonses or other process, issued within an eighteen month period, 49 charging that such motor vehicle was parked, stopped or standing, or 50 that such motor vehicle was operated for hire by the registrant or his 51 agent without being licensed as a motor vehicle for hire by the appro- 52 priate local authority, in violation of any of the provisions of this 53 chapter or of any law, ordinance, rule or regulation made by a local 54 authority, OR THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION ELEV- 55 EN HUNDRED ELEVEN-D OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (D) 56 OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER, the commissioner or S. 7236--A 21 1 his agent shall deny the registration or renewal application until the 2 applicant provides proof from the court or administrative tribunal wher- 3 ein the charges are pending that an appearance or answer has been made 4 or in the case of an administrative tribunal that he has complied with 5 the rules and regulations of said tribunal following entry of a final 6 decision. Where an application is denied pursuant to this section, the 7 commissioner may, in his discretion, deny a registration or renewal 8 application to any other person for the same vehicle and may deny a 9 registration or renewal application for any other motor vehicle regis- 10 tered in the name of the applicant where the commissioner has determined 11 that such registrant's intent has been to evade the purposes of this 12 subdivision and where the commissioner has reasonable grounds to believe 13 that such registration or renewal will have the effect of defeating the 14 purposes of this subdivision. Such denial shall only remain in effect as 15 long as the summonses remain unanswered, or in the case of an adminis- 16 trative tribunal, the registrant fails to comply with the rules and 17 regulations following entry of a final decision. 18 S 9. The vehicle and traffic law is amended by adding a new section 19 1111-d to read as follows: 20 S 1111-D. OWNER LIABILITY FOR FAILURE OF OPERATOR TO COMPLY WITH 21 TRAFFIC-CONTROL INDICATIONS. (A) 1. NOTWITHSTANDING ANY OTHER PROVISION 22 OF LAW, THE CITY OF MT. VERNON IS HEREBY AUTHORIZED AND EMPOWERED TO 23 ADOPT AND AMEND A LOCAL LAW OR ORDINANCE ESTABLISHING A DEMONSTRATION 24 PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAIL- 25 URE OF AN OPERATOR THEREOF TO COMPLY WITH TRAFFIC-CONTROL INDICATIONS IN 26 SUCH CITY IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. SUCH DEMON- 27 STRATION PROGRAM SHALL EMPOWER SUCH CITY TO INSTALL AND OPERATE TRAFF- 28 IC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING DEVICES AT NO MORE THAN 29 TWELVE INTERSECTIONS WITHIN SUCH CITY AT ANY ONE TIME. 30 2. SUCH DEMONSTRATION PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES TO 31 ENSURE, TO THE EXTENT PRACTICABLE, THAT PHOTOGRAPHS PRODUCED BY SUCH 32 TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING SYSTEMS SHALL NOT 33 INCLUDE IMAGES THAT IDENTIFY THE DRIVER, THE PASSENGERS, OR THE CONTENTS 34 OF THE VEHICLE. PROVIDED, HOWEVER, THAT NO NOTICE OF LIABILITY ISSUED 35 PURSUANT TO THIS SECTION SHALL BE DISMISSED SOLELY BECAUSE A PHOTOGRAPH 36 OR PHOTOGRAPHS ALLOW FOR THE IDENTIFICATION OF THE CONTENTS OF A VEHI- 37 CLE, PROVIDED THAT SUCH CITY HAS MADE A REASONABLE EFFORT TO COMPLY WITH 38 THE PROVISIONS OF THIS PARAGRAPH. 39 (B) IN ANY SUCH CITY WHICH HAS ADOPTED A LOCAL LAW OR ORDINANCE PURSU- 40 ANT TO SUBDIVISION (A) OF THIS SECTION, THE OWNER OF A VEHICLE SHALL BE 41 LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION IF SUCH VEHICLE 42 WAS USED OR OPERATED WITH THE PERMISSION OF THE OWNER, EXPRESS OR 43 IMPLIED, IN VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEV- 44 EN OF THIS ARTICLE, AND SUCH VIOLATION IS EVIDENCED BY INFORMATION 45 OBTAINED FROM A TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING 46 SYSTEM; PROVIDED HOWEVER THAT NO OWNER OF A VEHICLE SHALL BE LIABLE FOR 47 A PENALTY IMPOSED PURSUANT TO THIS SECTION WHERE THE OPERATOR OF SUCH 48 VEHICLE HAS BEEN CONVICTED OF THE UNDERLYING VIOLATION OF SUBDIVISION 49 (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE. 50 (C) FOR PURPOSES OF THIS SECTION, "OWNER" SHALL HAVE THE MEANING 51 PROVIDED IN ARTICLE TWO-B OF THIS CHAPTER. FOR PURPOSES OF THIS SECTION, 52 "TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING SYSTEM" SHALL MEAN A 53 VEHICLE SENSOR INSTALLED TO WORK IN CONJUNCTION WITH A TRAFFIC-CONTROL 54 SIGNAL WHICH AUTOMATICALLY PRODUCES TWO OR MORE PHOTOGRAPHS, TWO OR MORE 55 MICROPHOTOGRAPHS, A VIDEOTAPE OR OTHER RECORDED IMAGES OF EACH VEHICLE S. 7236--A 22 1 AT THE TIME IT IS USED OR OPERATED IN VIOLATION OF SUBDIVISION (D) OF 2 SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE. 3 (D) A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY 4 THE CITY OF MT. VERNON IN WHICH THE CHARGED VIOLATION OCCURRED, OR A 5 FACSIMILE THEREOF, BASED UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTO- 6 GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY A TRAFFIC-CONTROL 7 SIGNAL PHOTO VIOLATION-MONITORING SYSTEM, SHALL BE PRIMA FACIE EVIDENCE 8 OF THE FACTS CONTAINED THEREIN. ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDE- 9 OTAPE OR OTHER RECORDED IMAGES EVIDENCING SUCH A VIOLATION SHALL BE 10 AVAILABLE FOR INSPECTION IN ANY PROCEEDING TO ADJUDICATE THE LIABILITY 11 FOR SUCH VIOLATION PURSUANT TO A LOCAL LAW OR ORDINANCE ADOPTED PURSUANT 12 TO THIS SECTION. 13 (E) AN OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (D) OF SECTION 14 ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO A LOCAL LAW OR ORDI- 15 NANCE ADOPTED PURSUANT TO THIS SECTION SHALL BE LIABLE FOR MONETARY 16 PENALTIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND PENALTIES TO BE SET 17 FORTH IN SUCH LOCAL LAW OR ORDINANCE, EXCEPT THAT IF SUCH CITY BY LOCAL 18 LAW HAS AUTHORIZED THE ADJUDICATION OF SUCH OWNER LIABILITY BY A PARKING 19 VIOLATIONS BUREAU, SUCH SCHEDULE SHALL BE PROMULGATED BY SUCH BUREAU. 20 THE LIABILITY OF THE OWNER PURSUANT TO THIS SECTION SHALL NOT EXCEED 21 FIFTY DOLLARS FOR EACH VIOLATION; PROVIDED, HOWEVER, THAT SUCH LOCAL LAW 22 OR ORDINANCE MAY PROVIDE FOR AN ADDITIONAL PENALTY NOT IN EXCESS OF 23 TWENTY-FIVE DOLLARS FOR EACH VIOLATION FOR THE FAILURE TO RESPOND TO A 24 NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME PERIOD. 25 (F) AN IMPOSITION OF LIABILITY UNDER A LOCAL LAW OR ORDINANCE ADOPTED 26 PURSUANT TO THIS SECTION SHALL NOT BE DEEMED A CONVICTION AS AN OPERATOR 27 AND SHALL NOT BE MADE PART OF THE OPERATING RECORD OF THE PERSON UPON 28 WHOM SUCH LIABILITY IS IMPOSED NOR SHALL IT BE USED FOR INSURANCE 29 PURPOSES IN THE PROVISION OF MOTOR VEHICLE INSURANCE COVERAGE. 30 (G) 1. A NOTICE OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL TO EACH 31 PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION 32 (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO THIS 33 SECTION. PERSONAL DELIVERY ON THE OWNER SHALL NOT BE REQUIRED. A MANUAL 34 OR AUTOMATIC RECORD OF MAILING PREPARED IN THE ORDINARY COURSE OF BUSI- 35 NESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN. 36 2. A NOTICE OF LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE 37 PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION 38 (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO THIS 39 SECTION, THE REGISTRATION NUMBER OF THE VEHICLE INVOLVED IN SUCH 40 VIOLATION, THE LOCATION WHERE SUCH VIOLATION TOOK PLACE, THE DATE AND 41 TIME OF SUCH VIOLATION AND THE IDENTIFICATION NUMBER OF THE CAMERA WHICH 42 RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER. 43 3. THE NOTICE OF LIABILITY SHALL CONTAIN INFORMATION ADVISING THE 44 PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE OR SHE MAY CONTEST 45 THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO 46 CONTAIN A WARNING TO ADVISE THE PERSONS CHARGED THAT FAILURE TO CONTEST 47 IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF LIABIL- 48 ITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON. 49 4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE CITY OF 50 MT. VERNON, OR BY ANY OTHER ENTITY AUTHORIZED BY SUCH CITY TO PREPARE 51 AND MAIL SUCH NOTIFICATION OF VIOLATION. 52 (H) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION 53 SHALL BE BY A TRAFFIC VIOLATIONS BUREAU ESTABLISHED PURSUANT TO SECTION 54 THREE HUNDRED SEVENTY OF THE GENERAL MUNICIPAL LAW OR, IF THERE BE NONE, 55 BY THE COURT HAVING JURISDICTION OVER TRAFFIC INFRACTIONS, EXCEPT THAT 56 IF SUCH CITY HAS ESTABLISHED AN ADMINISTRATIVE TRIBUNAL TO HEAR AND S. 7236--A 23 1 DETERMINE COMPLAINTS OF TRAFFIC INFRACTIONS CONSTITUTING PARKING, STAND- 2 ING OR STOPPING VIOLATIONS SUCH CITY MAY, BY LOCAL LAW, AUTHORIZE SUCH 3 ADJUDICATION BY SUCH TRIBUNAL. 4 (I) IF AN OWNER RECEIVES A NOTICE OF LIABILITY PURSUANT TO THIS 5 SECTION FOR ANY TIME PERIOD DURING WHICH THE VEHICLE WAS REPORTED TO THE 6 POLICE DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE A VALID DEFENSE TO 7 AN ALLEGATION OF LIABILITY FOR A VIOLATION OF SUBDIVISION (D) OF SECTION 8 ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO THIS SECTION THAT THE 9 VEHICLE HAD BEEN REPORTED TO THE POLICE AS STOLEN PRIOR TO THE TIME THE 10 VIOLATION OCCURRED AND HAD NOT BEEN RECOVERED BY SUCH TIME. FOR PURPOSES 11 OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION IT SHALL BE SUFFI- 12 CIENT THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE STOLEN VEHICLE 13 BE SENT BY FIRST CLASS MAIL TO THE TRAFFIC VIOLATIONS BUREAU, COURT 14 HAVING JURISDICTION OR PARKING VIOLATIONS BUREAU. 15 (J) 1. IN SUCH CITY WHERE THE ADJUDICATION OF LIABILITY IMPOSED UPON 16 OWNERS PURSUANT TO THIS SECTION IS BY A TRAFFIC VIOLATIONS BUREAU OR A 17 COURT HAVING JURISDICTION, AN OWNER WHO IS A LESSOR OF A VEHICLE TO 18 WHICH A NOTICE OF LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION (G) OF 19 THIS SECTION SHALL NOT BE LIABLE FOR THE VIOLATION OF SUBDIVISION (D) OF 20 SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE, PROVIDED THAT HE OR SHE 21 SENDS TO THE TRAFFIC VIOLATIONS BUREAU OR COURT HAVING JURISDICTION A 22 COPY OF THE RENTAL, LEASE OR OTHER SUCH CONTRACT DOCUMENT COVERING SUCH 23 VEHICLE ON THE DATE OF THE VIOLATION, WITH THE NAME AND ADDRESS OF THE 24 LESSEE CLEARLY LEGIBLE, WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE 25 FROM THE BUREAU OR COURT OF THE DATE AND TIME OF SUCH VIOLATION, TOGETH- 26 ER WITH THE OTHER INFORMATION CONTAINED IN THE ORIGINAL NOTICE OF 27 LIABILITY. FAILURE TO SEND SUCH INFORMATION WITHIN SUCH THIRTY-SEVEN DAY 28 TIME PERIOD SHALL RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED BY 29 THIS SECTION. WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF THIS 30 PARAGRAPH, THE LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH VIOLATION 31 SHALL BE DEEMED TO BE THE OWNER OF SUCH VEHICLE FOR PURPOSES OF THIS 32 SECTION, SHALL BE SUBJECT TO LIABILITY FOR THE VIOLATION OF SUBDIVISION 33 (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO THIS 34 SECTION AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION 35 (G) OF THIS SECTION. 36 2. (I) IN SUCH CITY WHICH, BY LOCAL LAW, HAS AUTHORIZED THE ADJUDI- 37 CATION OF LIABILITY IMPOSED UPON OWNERS BY THIS SECTION BY A PARKING 38 VIOLATIONS BUREAU, AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A 39 NOTICE OF LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION (G) OF THIS 40 SECTION SHALL NOT BE LIABLE FOR THE VIOLATION OF SUBDIVISION (D) OF 41 SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE, PROVIDED THAT: 42 (A) PRIOR TO THE VIOLATION, THE LESSOR HAS FILED WITH THE BUREAU IN 43 ACCORDANCE WITH THE PROVISIONS OF SECTION TWO HUNDRED THIRTY-NINE OF 44 THIS CHAPTER; AND 45 (B) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE BUREAU OF 46 THE DATE AND TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFORMATION 47 CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY, THE LESSOR SUBMITS TO THE 48 BUREAU THE CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE IDENTI- 49 FIED IN THE NOTICE OF LIABILITY AT THE TIME OF SUCH VIOLATION, TOGETHER 50 WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL, LEASE OR 51 OTHER CONTRACT DOCUMENT, AS MAY BE REASONABLY REQUIRED BY THE BUREAU 52 PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE. 53 (II) FAILURE TO COMPLY WITH CLAUSE (B) OF SUBPARAGRAPH (I) OF THIS 54 PARAGRAPH SHALL RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED IN 55 THIS SECTION. S. 7236--A 24 1 (III) WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF THIS PARAGRAPH, 2 THE LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH VIOLATION SHALL BE DEEMED 3 TO BE THE OWNER OF SUCH VEHICLE FOR PURPOSES OF THIS SECTION, SHALL BE 4 SUBJECT TO LIABILITY FOR SUCH VIOLATION PURSUANT TO THIS SECTION AND 5 SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (G) OF THIS 6 SECTION. 7 (K) 1. IF THE OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (D) OF 8 SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO THIS SECTION 9 WAS NOT THE OPERATOR OF THE VEHICLE AT THE TIME OF THE VIOLATION, THE 10 OWNER MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR. 11 2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO OWNER OF A 12 VEHICLE SHALL BE SUBJECT TO A MONETARY FINE IMPOSED PURSUANT TO THIS 13 SECTION IF THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH- 14 OUT THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR FAILED TO OBEY A 15 TRAFFIC-CONTROL INDICATION. FOR PURPOSES OF THIS SUBDIVISION THERE SHALL 16 BE A PRESUMPTION THAT THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH 17 VEHICLE WITH THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR FAILED 18 TO OBEY A TRAFFIC-CONTROL INDICATION. 19 (L) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY 20 OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF SUBDIVISION (D) OF 21 SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE. 22 (M) IN ANY SUCH CITY WHICH ADOPTS A DEMONSTRATION PROGRAM PURSUANT TO 23 SUBDIVISION (A) OF THIS SECTION, SUCH CITY SHALL SUBMIT AN ANNUAL REPORT 24 ON THE RESULTS OF THE USE OF A TRAFFIC-CONTROL SIGNAL PHOTO 25 VIOLATION-MONITORING SYSTEM TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF 26 THE SENATE AND THE SPEAKER OF THE ASSEMBLY ON OR BEFORE JUNE FIRST, TWO 27 THOUSAND FIFTEEN AND ON THE SAME DATE IN EACH SUCCEEDING YEAR IN WHICH 28 THE DEMONSTRATION PROGRAM IS OPERABLE. SUCH REPORT SHALL INCLUDE, BUT 29 NOT BE LIMITED TO: 30 1. A DESCRIPTION OF THE LOCATIONS WHERE TRAFFIC-CONTROL SIGNAL PHOTO 31 VIOLATION-MONITORING SYSTEMS WERE USED; 32 2. THE AGGREGATE NUMBER, TYPE AND SEVERITY OF ACCIDENTS REPORTED AT 33 INTERSECTIONS WHERE A TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING 34 SYSTEM IS USED FOR THE YEAR PRECEDING THE INSTALLATION OF SUCH SYSTEM, 35 TO THE EXTENT THE INFORMATION IS MAINTAINED BY THE DEPARTMENT OF MOTOR 36 VEHICLES OF THIS STATE; 37 3. THE AGGREGATE NUMBER, TYPE AND SEVERITY OF ACCIDENTS REPORTED AT 38 INTERSECTIONS WHERE A TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING 39 SYSTEM IS USED, TO THE EXTENT THE INFORMATION IS MAINTAINED BY THE 40 DEPARTMENT OF MOTOR VEHICLES OF THIS STATE; 41 4. THE NUMBER OF VIOLATIONS RECORDED AT EACH INTERSECTION WHERE A 42 TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING SYSTEM IS USED AND IN 43 THE AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS; 44 5. THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED FOR VIOLATIONS 45 RECORDED BY SUCH SYSTEMS; 46 6. THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID AFTER FIRST 47 NOTICE OF LIABILITY ISSUED FOR VIOLATIONS RECORDED BY SUCH SYSTEMS; 48 7. THE NUMBER OF VIOLATIONS ADJUDICATED AND RESULTS OF SUCH ADJUDI- 49 CATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE FOR VIOLATIONS 50 RECORDED BY SUCH SYSTEMS; 51 8. THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH CITY FROM SUCH ADJUDI- 52 CATIONS; 53 9. EXPENSES INCURRED BY SUCH CITY IN CONNECTION WITH THE PROGRAM; AND 54 10. QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS. 55 (N) IT SHALL BE A DEFENSE TO ANY PROSECUTION FOR A VIOLATION OF SUBDI- 56 VISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO S. 7236--A 25 1 A LOCAL LAW OR ORDINANCE ADOPTED PURSUANT TO THIS SECTION THAT SUCH 2 TRAFFIC-CONTROL INDICATIONS WERE MALFUNCTIONING AT THE TIME OF THE 3 ALLEGED VIOLATION. 4 S 10. The opening paragraph and paragraph (c) of subdivision 1 of 5 section 1809 of the vehicle and traffic law, as amended by section 11 of 6 chapter 189 of the laws of 2013, are amended to read as follows: 7 Whenever proceedings in an administrative tribunal or a court of this 8 state result in a conviction for an offense under this chapter or a 9 traffic infraction under this chapter, or a local law, ordinance, rule 10 or regulation adopted pursuant to this chapter, other than a traffic 11 infraction involving standing, stopping, or parking or violations by 12 pedestrians or bicyclists, or other than an adjudication of liability of 13 an owner for a violation of subdivision (d) of section eleven hundred 14 eleven of this chapter in accordance with section eleven hundred 15 eleven-a of this chapter, or other than an adjudication of liability of 16 an owner for a violation of subdivision (d) of section eleven hundred 17 eleven of this chapter in accordance with section eleven hundred 18 eleven-b of this chapter, or other than an adjudication in accordance 19 with section eleven hundred eleven-c of this chapter for a violation of 20 a bus lane restriction as defined in such section, OR OTHER THAN AN 21 ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (D) 22 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 (b), 25 (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in 26 accordance with section eleven hundred eighty-b of this chapter, there 27 shall be levied a crime victim assistance fee and a mandatory surcharge, 28 in addition to any sentence required or permitted by law, in accordance 29 with the following schedule: 30 (c) Whenever proceedings in an administrative tribunal or a court of 31 this state result in a conviction for an offense under this chapter 32 other than a crime pursuant to section eleven hundred ninety-two of this 33 chapter, or a traffic infraction under this chapter, or a local law, 34 ordinance, rule or regulation adopted pursuant to this chapter, other 35 than a traffic infraction involving standing, stopping, or parking 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-a 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-b of this chapter, OR OTHER THAN AN ADJUDICATION OF 43 LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (D) OF SECTION 44 ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN 45 HUNDRED ELEVEN-D OF THIS CHAPTER, or other than an infraction pursuant 46 to article nine of this chapter or other than an adjudication of liabil- 47 ity of an owner for a violation of toll collection regulations pursuant 48 to section two thousand nine hundred eighty-five of the public authori- 49 ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven 50 hundred seventy-four of the laws of nineteen hundred fifty or other than 51 an adjudication in accordance with section eleven hundred eleven-c of 52 this chapter for a violation of a bus lane restriction as defined in 53 such section, or other than an adjudication of liability of an owner for 54 a violation of subdivision (b), (c), (d), (f) or (g) of section eleven 55 hundred eighty of this chapter in accordance with section eleven hundred 56 eighty-b of this chapter, there shall be levied a crime victim assist- S. 7236--A 26 1 ance fee in the amount of five dollars and a mandatory surcharge, in 2 addition to any sentence required or permitted by law, in the amount of 3 fifty-five dollars. 4 S 10-a. Subdivision 1 of section 1809 of the vehicle and traffic law, 5 as amended by section 11-a of chapter 189 of the laws of 2013, is 6 amended to read as follows: 7 1. Whenever proceedings in an administrative tribunal or a court of 8 this state result in a conviction for a crime under this chapter or a 9 traffic infraction under this chapter, or a local law, ordinance, rule 10 or regulation adopted pursuant to this chapter, other than a traffic 11 infraction involving standing, stopping, parking or motor vehicle equip- 12 ment or violations by pedestrians or bicyclists, or other than an adju- 13 dication of liability of an owner for a violation of subdivision (d) of 14 section eleven hundred eleven of this chapter in accordance with section 15 eleven hundred eleven-a of this chapter, or other than an adjudication 16 of 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-b of this chapter, or other than an adjudication in 19 accordance with section eleven hundred eleven-c of this chapter for a 20 violation of a bus lane restriction as defined in such section, OR 21 OTHER THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF 22 SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN 23 ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, or 24 other than an adjudication of liability of an owner for a violation of 25 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty 26 of this chapter in accordance with section eleven hundred eighty-b of 27 this chapter, there shall be levied a mandatory surcharge, in addition 28 to any sentence required or permitted by law, in the amount of twenty- 29 five dollars. 30 S 10-b. Subdivision 1 of section 1809 of the vehicle and traffic law, 31 as amended by section 11-b of chapter 189 of the laws of 2013, is 32 amended to read as follows: 33 1. Whenever proceedings in an administrative tribunal or a court of 34 this state result in a conviction for a crime under this chapter or a 35 traffic infraction under this chapter other than a traffic infraction 36 involving standing, stopping, parking or motor vehicle equipment or 37 violations by pedestrians or bicyclists, or other than an adjudication 38 in accordance with section eleven hundred eleven-c of this chapter for a 39 violation of a bus lane restriction as defined in such section, OR OTHER 40 THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDI- 41 VISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN ACCORD- 42 ANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, or other than 43 an adjudication of liability of an owner for a violation of subdivision 44 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- 45 ter in accordance with section eleven hundred eighty-b of this chapter, 46 there shall be levied a mandatory surcharge, in addition to any sentence 47 required or permitted by law, in the amount of seventeen dollars. 48 S 10-c. Subdivision 1 of section 1809 of the vehicle and traffic law, 49 as amended by section 11-c of chapter 189 of the laws of 2013, is 50 amended to read as follows: 51 1. Whenever proceedings in an administrative tribunal or a court of 52 this state result in a conviction for a crime under this chapter or a 53 traffic infraction under this chapter other than a traffic infraction 54 involving standing, stopping, parking or motor vehicle equipment or 55 violations by pedestrians or bicyclists, or other than an adjudication 56 of liability of an owner for a violation of subdivision (b), (c), (d), S. 7236--A 27 1 (f) or (g) of section eleven hundred eighty of this chapter in accord- 2 ance with section eleven hundred eighty-b of this chapter, OR OTHER THAN 3 AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION 4 (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH 5 SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, there shall be levied a 6 mandatory surcharge, in addition to any sentence required or permitted 7 by law, in the amount of seventeen dollars. 8 S 10-d. Subdivision 1 of section 1809 of the vehicle and traffic law, 9 as separately amended by chapter 16 of the laws of 1983 and chapter 62 10 of the laws of 1989, is amended to read as follows: 11 1. Whenever proceedings in an administrative tribunal or a court of 12 this state result in a conviction for a crime under this chapter or a 13 traffic infraction under this chapter other than a traffic infraction 14 involving standing, stopping, parking or motor vehicle equipment or 15 violations by pedestrians or bicyclists, OR OTHER THAN AN ADJUDICATION 16 OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (D) OF SECTION 17 ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN 18 HUNDRED ELEVEN-D OF THIS CHAPTER, there shall be levied a mandatory 19 surcharge, in addition to any sentence required or permitted by law, in 20 the amount of seventeen dollars. 21 S 11. Paragraph a of subdivision 1 of section 1809-e of the vehicle 22 and traffic law, as amended by section 12-a of chapter 189 of the laws 23 of 2013, is amended to read as follows: 24 a. Notwithstanding any other provision of law, whenever proceedings in 25 a court or an administrative tribunal of this state result in a 26 conviction for an offense under this chapter, except a conviction pursu- 27 ant to section eleven hundred ninety-two of this chapter, or for a traf- 28 fic infraction under this chapter, or a local law, ordinance, rule or 29 regulation adopted pursuant to this chapter, except a traffic infraction 30 involving standing, stopping, or parking or violations by pedestrians or 31 bicyclists, and except an adjudication of liability of an owner for a 32 violation of subdivision (d) of section eleven hundred eleven of this 33 chapter in accordance with section eleven hundred eleven-a of this chap- 34 ter OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAP- 35 TER, and except an adjudication of liability of an owner for a violation 36 of subdivision (d) of section eleven hundred eleven of this chapter in 37 accordance with section eleven hundred eleven-b of this chapter, and 38 except an adjudication in accordance with section eleven hundred 39 eleven-c of this chapter of a violation of a bus lane restriction as 40 defined in such section, and [expect] EXCEPT an adjudication of liabil- 41 ity of an owner for a violation of subdivision (b), (c), (d), (f) or (g) 42 of section eleven hundred eighty of this chapter in accordance with 43 section eleven hundred eighty-b of this chapter, and except an adjudi- 44 cation of liability of an owner for a violation of toll collection regu- 45 lations pursuant to section two thousand nine hundred eighty-five of the 46 public authorities law or sections sixteen-a, sixteen-b and sixteen-c of 47 chapter seven hundred seventy-four of the laws of nineteen hundred 48 fifty, there shall be levied in addition to any sentence, penalty or 49 other surcharge required or permitted by law, an additional surcharge of 50 twenty-eight dollars. 51 S 11-a. Paragraph a of subdivision 1 of section 1809-e of the vehicle 52 and traffic law, as amended by section 12-b of chapter 189 of the laws 53 of 2013, is amended to read as follows: 54 a. Notwithstanding any other provision of law, whenever proceedings in 55 a court or an administrative tribunal of this state result in a 56 conviction for an offense under this chapter, except a conviction pursu- S. 7236--A 28 1 ant to section eleven hundred ninety-two of this chapter, or for a traf- 2 fic infraction under this chapter, or a local law, ordinance, rule or 3 regulation adopted pursuant to this chapter, except a traffic infraction 4 involving standing, stopping, or parking or violations by pedestrians or 5 bicyclists, and except an adjudication of liability of an owner for a 6 violation of subdivision (d) of section eleven hundred eleven of this 7 chapter in accordance with section eleven hundred eleven-a of this chap- 8 ter OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAP- 9 TER, and except an adjudication in accordance with section eleven 10 hundred eleven-c of this chapter of a violation of a bus lane 11 restriction as defined in such section, and except an adjudication of 12 liability of an owner for a violation of subdivision (b), (c), (d), (f) 13 or (g) of section eleven hundred eighty of this chapter in accordance 14 with section eleven hundred eighty-b of this chapter, and except an 15 adjudication of liability of an owner for a violation of toll collection 16 regulations pursuant to section two thousand nine hundred eighty-five of 17 the public authorities law or sections sixteen-a, sixteen-b and 18 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen 19 hundred fifty, there shall be levied in addition to any sentence, penal- 20 ty or other surcharge required or permitted by law, an additional 21 surcharge of twenty-eight dollars. 22 S 11-b. Paragraph a of subdivision 1 of section 1809-e of the vehicle 23 and traffic law, as amended by section 12-c of chapter 189 of the laws 24 of 2013, is amended to read as follows: 25 a. Notwithstanding any other provision of law, whenever proceedings in 26 a court or an administrative tribunal of this state result in a 27 conviction for an offense under this chapter, except a conviction pursu- 28 ant to section eleven hundred ninety-two of this chapter, or for a traf- 29 fic infraction under this chapter, or a local law, ordinance, rule or 30 regulation adopted pursuant to this chapter, except a traffic infraction 31 involving standing, stopping, or parking or violations by pedestrians or 32 bicyclists, and except an adjudication of liability of an owner for a 33 violation of subdivision (d) of section eleven hundred eleven of this 34 chapter in accordance with section eleven hundred eleven-a of this chap- 35 ter OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAP- 36 TER, and except an adjudication of liability of an owner for a violation 37 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred 38 eighty of this chapter in accordance with section eleven hundred eight- 39 y-b of this chapter, and except an adjudication of liability of an owner 40 for a violation of toll collection regulations pursuant to section two 41 thousand nine hundred eighty-five of the public authorities law or 42 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred 43 seventy-four of the laws of nineteen hundred fifty, there shall be 44 levied in addition to any sentence, penalty or other surcharge required 45 or permitted by law, an additional surcharge of twenty-eight dollars. 46 S 11-c. Paragraph a of subdivision 1 of section 1809-e of the vehicle 47 and traffic law, as amended by section 5 of part C of chapter 55 of the 48 laws of 2013, is amended to read as follows: 49 a. Notwithstanding any other provision of law, whenever proceedings in 50 a court or an administrative tribunal of this state result in a 51 conviction for an offense under this chapter, except a conviction pursu- 52 ant to section eleven hundred ninety-two of this chapter, or for a traf- 53 fic infraction under this chapter, or a local law, ordinance, rule or 54 regulation adopted pursuant to this chapter, except a traffic infraction 55 involving standing, stopping, or parking or violations by pedestrians or 56 bicyclists, and except an adjudication of liability of an owner for a S. 7236--A 29 1 violation of subdivision (d) of section eleven hundred eleven of this 2 chapter in accordance with section eleven hundred eleven-a of this chap- 3 ter OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAP- 4 TER, and except an adjudication of liability of an owner for a violation 5 of toll collection regulations pursuant to section two thousand nine 6 hundred eighty-five of the public authorities law or sections sixteen-a, 7 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the 8 laws of nineteen hundred fifty, there shall be levied in addition to any 9 sentence, penalty or other surcharge required or permitted by law, an 10 additional surcharge of twenty-eight dollars. 11 S 12. Subdivision 1 of section 371 of the general municipal law, as 12 separately amended by sections 20 of chapters 20 and 383 of the laws of 13 2009, is amended to read as follows: 14 1. A traffic violations bureau so established may be authorized to 15 dispose of violations of traffic laws, ordinances, rules and regulations 16 when such offenses shall not constitute the traffic infraction known as 17 speeding or a misdemeanor or felony, and, if authorized by local law or 18 ordinance, to adjudicate the liability of owners for violations of 19 subdivision (d) of section eleven hundred eleven of the vehicle and 20 traffic law in accordance with section eleven hundred eleven-a of such 21 law or section eleven hundred eleven-b of such law [as added by section 22 sixteen of the chapter of the laws of two thousand nine] AS ADDED BY 23 SECTIONS SIXTEEN OF CHAPTERS TWENTY, TWENTY-ONE, AND TWENTY-TWO OF THE 24 LAWS OF TWO THOUSAND NINE which amended this [section] subdivision, OR 25 SECTION ELEVEN HUNDRED ELEVEN-D OF SUCH LAW. 26 S 12-a. Section 371 of the general municipal law, as separately 27 amended by sections 21 of chapters 20 and 383 of the laws of 2009, is 28 amended to read as follows: 29 S 371. Jurisdiction and procedure. A traffic violations bureau so 30 established may be authorized to dispose of violations of traffic laws, 31 ordinances, rules and regulations when such offenses shall not consti- 32 tute the traffic infraction known as speeding or a misdemeanor or felo- 33 ny, and, if authorized by local law or ordinance, to adjudicate the 34 liability of owners for violations of subdivision (d) of section eleven 35 hundred eleven of the vehicle and traffic law in accordance with section 36 eleven hundred eleven-b of such law as added by [section] SECTIONS 37 sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE, AND TWENTY-TWO of 38 the laws of two thousand nine which amended this section OR SECTION 39 ELEVEN HUNDRED ELEVEN-D OF SUCH LAW, by permitting a person charged with 40 an offense within the limitations herein stated, to answer, within a 41 specified time, at the traffic violations bureau, either in person or by 42 written power of attorney in such form as may be prescribed in the ordi- 43 nance creating the bureau, by paying a prescribed fine and, in writing, 44 waiving a hearing in court, pleading guilty to the charge or admitting 45 liability as an owner for the violation of subdivision (d) of section 46 eleven hundred eleven of the vehicle and traffic law, as the case may 47 be, and authorizing the person in charge of the bureau to make such a 48 plea or admission and pay such a fine in court. Acceptance of the 49 prescribed fine and power of attorney by the bureau shall be deemed 50 complete satisfaction for the violation or of the liability, and the 51 violator or owner liable for a violation of subdivision (d) of section 52 eleven hundred eleven of the vehicle and traffic law shall be given a 53 receipt which so states. If a person charged with a traffic violation 54 does not answer as hereinbefore prescribed, within a designated time, 55 the bureau shall cause a complaint to be entered against him or her 56 forthwith and a warrant to be issued for his or her arrest and appear- S. 7236--A 30 1 ance before the court. Any person who shall have been, within the 2 preceding twelve months, guilty of a number of parking violations in 3 excess of such maximum number as may be designated by the court, or of 4 three or more violations other than parking violations, shall not be 5 permitted to appear and answer to a subsequent violation at the traffic 6 violations bureau, but must appear in court at a time specified by the 7 bureau. Such traffic violations bureau shall not be authorized to 8 deprive a person of his or her right to counsel or to prevent him or her 9 from exercising his or her right to appear in court to answer to, 10 explain, or defend any charge of a violation of any traffic law, ordi- 11 nance, rule or regulation. 12 S 12-b. Section 371 of the general municipal law, as amended by chap- 13 ter 802 of the laws of 1949, is amended to read as follows: 14 S 371. Jurisdiction and procedure. A traffic violations bureau so 15 established may be authorized to dispose of violations of traffic laws, 16 ordinances, rules and regulations when such offenses shall not consti- 17 tute the traffic infraction known as speeding or a misdemeanor or felo- 18 ny, AND, IF AUTHORIZED BY LOCAL LAW OR ORDINANCE, TO ADJUDICATE THE 19 LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (D) OF SECTION ELEVEN 20 HUNDRED ELEVEN OF THE VEHICLE AND TRAFFIC LAW IN ACCORDANCE WITH SECTION 21 ELEVEN HUNDRED ELEVEN-D OF THE VEHICLE AND TRAFFIC LAW, by permitting a 22 person charged with an offense within the limitations herein stated, to 23 answer, within a specified time, at the traffic violations bureau, 24 either in person or by written power of attorney in such form as may be 25 prescribed in the ordinance creating the bureau, by paying a prescribed 26 fine and, in writing, waiving a hearing in court, pleading guilty to the 27 charge OR ADMITTING LIABILITY AS AN OWNER FOR THE VIOLATION OF SUBDIVI- 28 SION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THE VEHICLE AND TRAFFIC 29 LAW, AS THE CASE MAY BE, and authorizing the person in charge of the 30 bureau to make such a plea OR ADMISSION and pay such a fine in court. 31 Acceptance of the prescribed fine and power of attorney by the bureau 32 shall be deemed complete satisfaction for the violation OR OF THE 33 LIABILITY, and the violator OR OWNER LIABLE FOR A VIOLATION OF SUBDIVI- 34 SION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THE VEHICLE AND TRAFFIC LAW 35 shall be given a receipt which so states. If a person charged with a 36 traffic violation does not answer as hereinbefore prescribed, within a 37 designated time, the bureau shall cause a complaint to be entered 38 against him OR HER forthwith and a warrant to be issued for his OR HER 39 arrest and appearance before the court. Any person who shall have been, 40 within the preceding twelve months, guilty of a number of parking 41 violations in excess of such maximum number as may be designated by the 42 court, or of three or more violations other than parking violations, 43 shall not be permitted to appear and answer to a subsequent violation at 44 the traffic violations bureau, but must appear in court at a time speci- 45 fied by the bureau. Such traffic violations bureau shall not be author- 46 ized to deprive a person of his OR HER right to counsel or to prevent 47 him OR HER from exercising his OR HER right to appear in court to answer 48 to, explain, or defend any charge of a violation of any traffic law, 49 ordinance, rule or regulation. 50 S 13. Subdivision 2 of section 87 of the public officers law is 51 amended by adding a new paragraph (n) to read as follows: 52 (N) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED 53 IMAGES PREPARED UNDER AUTHORITY OF SECTION ELEVEN HUNDRED ELEVEN-D OF 54 THE VEHICLE AND TRAFFIC LAW. 55 S 14. The purchase or lease of equipment for a demonstration program 56 established pursuant to section 1111-d of the vehicle and traffic law S. 7236--A 31 1 shall be subject to the provisions of section 103 of the general munici- 2 pal law. 3 S 15. This act shall take effect on the thirtieth day after it shall 4 have become a law and shall expire 5 years after such effective date 5 when upon such date the provisions of this act shall be deemed repealed; 6 and provided further that any rules necessary for the implementation of 7 this act on its effective date shall be promulgated on or before such 8 effective date, provided that: 9 (a) the amendments to subdivision 1 of section 235 of the vehicle and 10 traffic law made by section one 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 one-a of this act shall take 13 effect; 14 (b) the amendments to section 235 of the vehicle and traffic law made 15 by section one-a of this act shall not affect the expiration of such 16 section and shall be deemed to expire therewith, when upon such date the 17 provisions of section one-b of this act shall take effect; 18 (c) the amendments to section 235 of the vehicle and traffic law made 19 by section one-b of this act shall not affect the expiration of such 20 section and shall be deemed to expire therewith, when upon such date the 21 provisions of section one-c of this act shall take effect; 22 (d) the amendments to section 235 of the vehicle and traffic law made 23 by section one-c of this act shall not affect the expiration of such 24 section and shall be deemed to expire therewith, when upon such date the 25 provisions of section one-d of this act shall take effect; 26 (e) the amendments to section 235 of the vehicle and traffic law made 27 by section one-d of this act shall not affect the expiration of such 28 section and shall be deemed to expire therewith, when upon such date the 29 provisions of section one-e of this act shall take effect; 30 (f) the amendments to subdivision 1 of section 236 of the vehicle and 31 traffic law made by section two of this act shall not affect the expira- 32 tion of such subdivision and shall be deemed to expire therewith, when 33 upon such date the provisions of section two-a of this act shall take 34 effect; 35 (g) the amendments to subdivision 1 of section 236 of the vehicle and 36 traffic law made by section two-a of this act shall not affect the expi- 37 ration of such subdivision and shall be deemed to expire therewith, when 38 upon such date the provisions of section two-b of this act shall take 39 effect; 40 (h) the amendments to subdivision 1 of section 236 of the vehicle and 41 traffic law made by section two-b of this act shall not affect the expi- 42 ration of such subdivision and shall be deemed to expire therewith, when 43 upon such date the provisions of section two-c of this act shall take 44 effect; 45 (i) the amendments to subdivision 1 of section 236 of the vehicle and 46 traffic law made by section two-c of this act shall not affect the expi- 47 ration of such subdivision and shall be deemed to expire therewith, when 48 upon such date the provisions of section two-d of this act shall take 49 effect; 50 (j) the amendments to paragraph f of subdivision 1 of section 239 of 51 the vehicle and traffic law made by section four of this act shall not 52 affect the expiration of such paragraph and shall be deemed to expire 53 therewith, when upon such date the provisions of section four-a of this 54 act shall take effect; 55 (k) the amendments to paragraph f of subdivision 1 of section 239 of 56 the vehicle and traffic law made by section four-a of this act shall not S. 7236--A 32 1 affect the expiration of such paragraph and shall be deemed to expire 2 therewith, when upon such date the provisions of section four-b of this 3 act shall take effect; 4 (l) the amendments to paragraph f of subdivision 1 of section 239 of 5 the vehicle and traffic law made by section four-b of this act shall not 6 affect the expiration of such paragraph and shall be deemed to expire 7 therewith, when upon such date the provisions of section four-c of this 8 act shall take effect; 9 (m) the amendments to paragraph f of subdivision 1 of section 239 of 10 the vehicle and traffic law made by section four-c of this act shall not 11 affect the expiration of such paragraph and shall be deemed to expire 12 therewith, when upon such date the provisions of section four-d of this 13 act shall take effect; 14 (n) the amendments to subdivisions 1 and 1-a of section 240 of the 15 vehicle and traffic law made by section five of this act shall not 16 affect the expiration of such subdivisions and shall be deemed to expire 17 therewith, when upon such date the provisions of section five-a of this 18 act shall take effect; 19 (o) the amendments to subdivisions 1 and 1-a of section 240 of the 20 vehicle and traffic law made by section five-a of this act shall not 21 affect the expiration of such subdivisions and shall be deemed to expire 22 therewith, when upon such date the provisions of section five-b of this 23 act shall take effect; 24 (p) the amendments to subdivisions 1 and 1-a of section 240 of the 25 vehicle and traffic law made by section five-b of this act shall not 26 affect the expiration of such subdivisions and shall be deemed to expire 27 therewith, when upon such date the provisions of section five-c of this 28 act shall take effect; 29 (q) the amendments to subdivisions 1 and 1-a of section 240 of the 30 vehicle and traffic law made by section five-c of this act shall not 31 affect the expiration of such subdivisions and shall be deemed to expire 32 therewith, when upon such date the provisions of section five-d of this 33 act shall take effect; 34 (r) the amendments to paragraphs a and g of subdivision 2 of section 35 240 of the vehicle and traffic law made by section six of this act shall 36 not affect the expiration of such paragraphs and shall be deemed to 37 expire therewith, when upon such date the provisions of section six-a of 38 this act shall take effect; 39 (s) the amendments to paragraphs a and g of subdivision 2 of section 40 240 of the vehicle and traffic law made by section six-a of this act 41 shall not affect the expiration of such paragraphs and shall be deemed 42 to expire therewith, when upon such date the provisions of section six-b 43 of this act shall take effect; 44 (t) the amendments to paragraphs a and g of subdivision 2 of section 45 240 of the vehicle and traffic law made by section six-b of this act 46 shall not affect the expiration of such paragraphs and shall be deemed 47 to expire therewith, when upon such date the provisions of section six-c 48 of this act shall take effect; 49 (u) the amendments to paragraphs a and g of subdivision 2 of section 50 240 of the vehicle and traffic law made by section six-c of this act 51 shall not affect the expiration of such paragraphs and shall be deemed 52 to expire therewith, when upon such date the provisions of section six-d 53 of this act shall take effect; 54 (v) the amendments to subdivisions 1 and 2 of section 241 of the vehi- 55 cle and traffic law made by section seven of this act shall not affect 56 the expiration of such subdivisions and shall be deemed to expire there- S. 7236--A 33 1 with, when upon such date the provisions of section seven-a of this act 2 shall take effect; 3 (w) the amendments to subdivisions 1 and 2 of section 241 of the vehi- 4 cle and traffic law made by section seven-a of this act shall not affect 5 the expiration of such subdivisions and shall be deemed to expire there- 6 with, when upon such date the provisions of section seven-b of this act 7 shall take effect; 8 (x) the amendments to subdivisions 1 and 2 of section 241 of the vehi- 9 cle and traffic law made by section seven-b of this act shall not affect 10 the expiration of such subdivisions and shall be deemed to expire there- 11 with, when upon such date the provisions of section seven-c of this act 12 shall take effect; 13 (y) the amendments to subdivisions 1 and 2 of section 241 of the vehi- 14 cle and traffic law made by section seven-c of this act shall not affect 15 the expiration of such subdivisions and shall be deemed to expire there- 16 with, when upon such date the provisions of section seven-d of this act 17 shall take effect; 18 (z) the amendments to subparagraph (i) of paragraph a of subdivision 19 5-a of section 401 of the vehicle and traffic law made by section eight 20 of this act shall not affect the expiration of such paragraph and shall 21 be deemed to expire therewith, when upon such date the provisions of 22 section eight-a of this act shall take effect; 23 (aa) the amendments to paragraph a of subdivision 5-a of section 401 24 of the vehicle and traffic law made by section eight-a of this act shall 25 not affect the expiration of such paragraph and shall be deemed to 26 expire therewith, when upon such date the provisions of section eight-b 27 of this act shall take effect; 28 (bb) the amendments to paragraph a of subdivision 5-a of section 401 29 of the vehicle and traffic law made by section eight-b 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-c 32 of this act shall take effect; 33 (cc) the amendments to paragraph a of subdivision 5-a of section 401 34 of the vehicle and traffic law made by section eight-c 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-d 37 of this act shall take effect; 38 (dd) the amendments to subdivision 1 of section 1809 of the vehicle 39 and traffic law made by section ten of this act shall not affect the 40 expiration of such subdivision and shall be deemed to expire therewith, 41 when upon such date the provisions of section ten-a of this act shall 42 take effect; 43 (ee) the amendments to subdivision 1 of section 1809 of the vehicle 44 and traffic law made by section ten-a of this act shall not affect the 45 expiration of such subdivision and shall be deemed to expire therewith, 46 when upon such date the provisions of section ten-b of this act shall 47 take effect; 48 (ff) the amendments to subdivision 1 of section 1809 of the vehicle 49 and traffic law made by section ten-b of this act shall not affect the 50 expiration of such subdivision and shall be deemed to expire therewith, 51 when upon such date the provisions of section ten-c of this act shall 52 take effect; 53 (gg) the amendments to subdivision 1 of section 1809 of the vehicle 54 and traffic law made by section ten-c of this act shall not affect the 55 expiration of such subdivision and shall be deemed to expire therewith, S. 7236--A 34 1 when upon such date the provisions of section ten-d of this act shall 2 take effect; 3 (hh) the amendments to paragraph a of subdivision 1 of section 1809-e 4 of the vehicle and traffic law made by section eleven of this act shall 5 not affect the expiration of such paragraph and shall be deemed to 6 expire therewith, when upon such date the provisions of section eleven-a 7 of this act shall take effect; 8 (ii) the amendments to paragraph a of subdivision 1 of section 1809-e 9 of the vehicle and traffic law made by section eleven-a of this act 10 shall not affect the expiration of such paragraph and shall be deemed to 11 expire therewith, when upon such date the provisions of section eleven-b 12 of this act shall take effect; 13 (jj) the amendments to paragraph a of subdivision 1 of section 1809-e 14 of the vehicle and traffic law made by section eleven-b of this act 15 shall not affect the expiration of such paragraph and shall be deemed to 16 expire therewith, when upon such date the provisions of section eleven-c 17 of this act shall take effect; 18 (kk) the amendments made to subdivision 1 of section 371 of the gener- 19 al municipal law made by section twelve 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 twelve-a of this act shall 22 take effect; and 23 (ll) the amendments made to section 371 of the general municipal law 24 by section twelve-a of this act shall not affect the expiration of such 25 section and shall be deemed to expire therewith, when upon such date the 26 provisions of section twelve-b of this act shall take effect.