NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION

submitted in accordance with Assembly Rule III, Sec 1(f) BILL NUMBER: A9583 SPONSOR: Fahy (MS) TITLE OF BILL: An act to amend the vehicle and traffic law, the general municipal law, and the public officers law, in relation to owner liability for failure of operator to comply with traffic-control indi- cations; and providing for the repeal of such provisions upon expiration thereof PURPOSE OR GENERAL IDEA OF BILL: To reduce motor vehicle crash fatalities, injuries and property damage caused by motorists' failure to obey traffic signals. SUMMARY OF SPECIFIC PROVISIONS: The bill authorizes the City of Albany to adopt a local law or ordinance establishing a 5 year demonstration program to impose monetary liability on the owners of motor vehicles for an operator's failure to comply with traffic-control indications within Albany. The bill authorizes the city of Albany to install and operate traffic-control signal photo viola- tion-monitoring devices at no more than twenty intersections within such City at anyone time. The bill provides for the form of the evidence of liability arid its availability for inspection in adjudicatory proceedings, requirements for the information to be contained in notices of liability ("NOLs") and the method for delivery to owners alleged to be liable. Requirements relating to the adjudication process are provided. The local law enact- ing such a demonstration program could provide for penalties of no more than fifty dollars for a violation and no more than twenty-five dollars for failure to respond. Additionally, the Department of Motor Vehicles is directed to deny an application for the issuance or renewal of motor vehicle registrations if the applicant has three or more NOLs and/or parking violations within an eighteen month period for which the appli- cant failed to appear or failed to comply. with rules and regulations following entry of a final decision. The bill also contains provisions addressing owner liability with leased or rented motor vehicles. Additionally, the bill requires the demonstration program to utilize necessary technologies to ensure that photographs produced by photo violation-monitoring systems not include images identifying a vehicle's driver, passengers or contents, to the extent practicable. Recorded images would not be subject to FOIL. NOLs are not deemed a conviction as an operator, therefore there would he no points on the owner's driver license as it would not made part of the driver's license operating record, nor used for motor vehicle insurance purposes. The bill provides defenses to an allegation of liability: there would be no liability if the vehicle was reported stolen and was un-recovered prior to the time the violation occurred, or if the traffic control indications were malfunctioning at the time of the alleged violation. Demonstration program equipment is subject to the provisions of section 103 of the general municipal law. Finally, the City is required to

submit an annual report to the Governor and Legislature on the results of the use of photo violation-monitoring systems. JUSTIFICATION: The City of Albany has a high rate of traffic accidents. During a three month period each year from 2011-2014, 15,057 traffic accidents were reported. Installing Red Light Cameras at intersections with a high traffic accident rate in the City of Albany will prevent accidents and save lives. The installation of Red Light Cameras would act as a deter- rent for drivers from running red lights due to costs incurred if the driver is caught on camera. Placement of cameras throughout the city would result in safer streets for pedestrians, bicyclists and motorists. Urban areas have a high percentage of residents whose primary mode of transportation is walking and it is important that these individuals be able to walk safely, however, that is often not the case. A 2013 report from the Governors Highway Safety Association indicated that New York State had the highest percentage of pedestrian traffic fatalities in the nation. In 2013, the National Highway Traffic Safety Administration indicated that 4,743 pedestrians were killed and an estimated 76,000 were injured in traffic crashes in the United States. On average, a pedestrian was killed every 2 hours and injured every 7 minutes in traf- fic crashes. The 4,743 pedestrian fatalities in 2012 represented an increase of 6 percent from 2011 and were the highest number of fatali- ties in the last five years. Red Light Cameras have a strong track record of reducing traffic acci- dents by as much as 80% at intersections Where they are installed creat- ing a safer environment for all. PRIOR LEGISLATIVE HISTORY: New bill FISCAL IMPLICATIONS: None to state EFFECTIVE DATE: This act shall take effect on the thirtieth day after it shall have

STATE OF NEW YORK

________________________________________________________________________ S. 7295 A. 9583

SENATE - ASSEMBLY

May 9, 2014 ___________ IN SENATE -- Introduced by Sen. BRESLIN -- read twice and ordered print- ed, and when printed to be committed to the Committee on Transporta- tion IN ASSEMBLY -- Introduced by M. of A. FAHY, McDONALD -- read once and referred to the Committee on Transportation AN ACT to amend the vehicle and traffic law, the general municipal law, and the public officers law, in relation to owner liability for fail- ure of operator to comply with traffic-control indications; 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14185-04-4

S. 7295 2 A. 9583 1 hundred fifty, or to adjudicate liability of owners in accordance with 2 section eleven hundred eleven-c of this chapter for violations of bus 3 lane restrictions as defined in subdivision (b), (c), (d), (f) or (g) of 4 such section, or to adjudicate the liability of owners for violations of 5 section eleven hundred eighty of this chapter in accordance with section 6 eleven hundred eighty-b of this chapter, such tribunal and the rules and 7 regulations pertaining thereto shall be constituted in substantial 8 conformance with the following sections. 9 § 1-a. Section 235 of the vehicle and traffic law, as amended by 10 section 1-a of chapter 189 of the laws of 2013, is amended to read as 11 follows: 12 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any 13 general, special or local law or administrative code to the contrary, in 14 any city which heretofore or hereafter is authorized to establish an 15 administrative tribunal to hear and determine complaints of traffic 16 infractions constituting parking, standing or stopping violations, or to 17 adjudicate the liability of owners for violations of subdivision (d) of 18 section eleven hundred eleven of this chapter in accordance with section 19 eleven hundred eleven-a of this chapter, or to adjudicate the liability 20 of owners for violations of subdivision (d) of section eleven hundred 21 eleven of this chapter in accordance with sections eleven hundred 22 eleven-b of this chapter as added by sections sixteen of chapters twen- 23 ty, twenty-one, and twenty-two of the laws of two thousand nine, or to 24 adjudicate the liability of owners for violations of subdivision (d) of 25 section eleven hundred eleven of this chapter in accordance with section 26 eleven hundred eleven-d of this chapter, or to adjudicate the liability 27 of owners for violations of toll collection regulations as defined in 28 and in accordance with the provisions of section two thousand nine 29 hundred eighty-five of the public authorities law and sections 30 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four 31 of the laws of nineteen hundred fifty, or to adjudicate liability of 32 owners in accordance with section eleven hundred eleven-c of this chap- 33 ter for violations of bus lane restrictions as defined in such section, 34 or to adjudicate the liability of owners for violations of subdivision 35 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- 36 ter in accordance with section eleven hundred eighty-b of this chapter, 37 such tribunal and the rules and regulations pertaining thereto shall be 38 constituted in substantial conformance with the following sections. 39 § 1-b. Section 235 of the vehicle and traffic law, as amended by 40 section 1-b of chapter 189 of the laws of 2013, is amended to read as 41 follows: 42 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any 43 general, special or local law or administrative code to the contrary, in 44 any city which heretofore or hereafter is authorized to establish an 45 administrative tribunal to hear and determine complaints of traffic 46 infractions constituting parking, standing or stopping violations, or to 47 adjudicate the liability of owners for violations of subdivision (d) of 48 section eleven hundred eleven of this chapter in accordance with 49 sections eleven hundred eleven-b of this chapter as added by sections 50 sixteen of chapters twenty, twenty-one, and twenty-two of the laws of 51 two thousand nine, or to adjudicate the liability of owners for 52 violations of subdivision (d) of section eleven hundred eleven of this 53 chapter in accordance with section eleven hundred eleven-d of this chap- 54 ter, or to adjudicate the liability of owners for violations of toll 55 collection regulations as defined in and in accordance with the 56 provisions of section two thousand nine hundred eighty-five of the

S. 7295 3 A. 9583 1 public authorities law and sections sixteen-a, sixteen-b and sixteen-c 2 of chapter seven hundred seventy-four of the laws of nineteen hundred 3 fifty, or to adjudicate liability of owners in accordance with section 4 eleven hundred eleven-c of this chapter for violations of bus lane 5 restrictions as defined in such section, or to adjudicate the liability 6 of owners for violations of subdivision (b), (c), (d), (f) or (g) of 7 section eleven hundred eighty of this chapter in accordance with section 8 eleven hundred eighty-b of this chapter, such tribunal and the rules and 9 regulations pertaining thereto shall be constituted in substantial 10 conformance with the following sections. 11 § 1-c. Section 235 of the vehicle and traffic law, as amended by 12 section 1-c of chapter 189 of the laws of 2013, is amended to read as 13 follows: 14 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any 15 general, special or local law or administrative code to the contrary, in 16 any city which heretofore or hereafter is authorized to establish an 17 administrative tribunal to hear and determine complaints of traffic 18 infractions constituting parking, standing or stopping violations, or to 19 adjudicate the liability of owners for violations of subdivision (d) of 20 section eleven hundred eleven of this chapter in accordance with section 21 eleven hundred eleven-d of this chapter, or to adjudicate the liability 22 of owners for violations of toll collection regulations as defined in 23 and in accordance with the provisions of section two thousand nine 24 hundred eighty-five of the public authorities law and sections 25 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four 26 of the laws of nineteen hundred fifty, or to adjudicate liability of 27 owners in accordance with section eleven hundred eleven-c of this chap- 28 ter for violations of bus lane restrictions as defined in such section, 29 or to adjudicate the liability of owners for violations of subdivision 30 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- 31 ter in accordance with section eleven hundred eighty-b of this chapter, 32 such tribunal and the rules and regulations pertaining thereto shall be 33 constituted in substantial conformance with the following sections. 34 § 1-d. Section 235 of the vehicle and traffic law, as amended by 35 section 1-d of chapter 189 of the laws of 2013, is amended to read as 36 follows: 37 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any 38 general, special or local law or administrative code to the contrary, in 39 any city which heretofore or hereafter is authorized to establish an 40 administrative tribunal to hear and determine complaints of traffic 41 infractions constituting parking, standing or stopping violations, or to 42 adjudicate the liability of owners for violations of subdivision (d) of 43 section eleven hundred eleven of this chapter in accordance with section 44 eleven hundred eleven-d of this chapter, or to adjudicate the liability 45 of owners for violations of toll collection regulations as defined in 46 and in accordance with the provisions of section two thousand nine 47 hundred eighty-five of the public authorities law and sections 48 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four 49 of the laws of nineteen hundred fifty, or to adjudicate liability of 50 owners for violations of subdivisions (c) and (d) of section eleven 51 hundred eighty of this chapter in accordance with section eleven hundred 52 eighty-b of this chapter, such tribunal and the rules and regulations 53 pertaining thereto shall be constituted in substantial conformance with 54 the following sections.

S. 7295 4 A. 9583 1 § 1-e. Section 235 of the vehicle and traffic law, as separately 2 amended by chapter 715 of the laws of 1972 and chapter 379 of the laws 3 of 1992, is amended to read as follows: 4 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any 5 general, special or local law or administrative code to the contrary, in 6 any city which heretofore or hereafter is authorized to establish an 7 administrative tribunal to hear and determine complaints of traffic 8 infractions constituting parking, standing or stopping violations, or to 9 adjudicate the liability of owners for violations of subdivision (d) of 10 section eleven hundred eleven of this chapter in accordance with section 11 eleven hundred eleven-d of this chapter, or to adjudicate the liability 12 of owners for violations of toll collection regulations as defined in 13 and in accordance with the provisions of section two thousand nine 14 hundred eighty-five of the public authorities law and sections 15 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four 16 of the laws of nineteen hundred fifty, such tribunal and the rules and 17 regulations pertaining thereto shall be constituted in substantial 18 conformance with the following sections. 19 § 2. Subdivision 1 of section 236 of the vehicle and traffic law, as 20 amended by section 2 of chapter 189 of the laws of 2013, is amended to 21 read as follows: 22 1. Creation. In any city as hereinbefore or hereafter authorized such 23 tribunal when created shall be known as the parking violations bureau 24 and shall have jurisdiction of traffic infractions which constitute a 25 parking violation and, where authorized by local law adopted pursuant to 26 subdivision (a) of section eleven hundred eleven-a of this chapter or 27 subdivisions (a) of sections eleven hundred eleven-b of this chapter as 28 added by sections sixteen of chapters twenty, twenty-one, and twenty-two 29 of the laws of two thousand nine, or subdivision (a) of section eleven 30 hundred eleven-d of this chapter, shall adjudicate the liability of 31 owners for violations of subdivision (d) of section eleven hundred elev- 32 en of this chapter in accordance with such section eleven hundred 33 eleven-a [or such], sections eleven hundred eleven-b as added by 34 sections sixteen of chapters twenty, twenty-one, and twenty-two of the 35 laws of two thousand nine, or section eleven hundred eleven-d and shall 36 adjudicate the liability of owners for violations of toll collection 37 regulations as defined in and in accordance with the provisions of 38 section two thousand nine hundred eighty-five of the public authorities 39 law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven 40 hundred seventy-four of the laws of nineteen hundred fifty and shall 41 adjudicate liability of owners in accordance with section eleven hundred 42 eleven-c of this chapter for violations of bus lane restrictions as 43 defined in such section and shall adjudicate the liability of owners for 44 violations of subdivision (b), (c), (d), (f) or (g) of section eleven 45 hundred eighty of this chapter in accordance with section eleven hundred 46 eighty-b of this chapter. Such tribunal, except in a city with a popu- 47 lation of one million or more, shall also have jurisdiction of abandoned 48 vehicle violations. For the purposes of this article, a parking 49 violation is the violation of any law, rule or regulation providing for 50 or regulating the parking, stopping or standing of a vehicle. In addi- 51 tion for purposes of this article, "commissioner" shall mean and include 52 the commissioner of traffic of the city or an official possessing 53 authority as such a commissioner. 54 § 2-a. Subdivision 1 of section 236 of the vehicle and traffic law, as 55 amended by section 2-a of chapter 189 of the laws of 2013, is amended to 56 read as follows:

S. 7295 5 A. 9583 1 1. Creation. In any city as hereinbefore or hereafter authorized such 2 tribunal when created shall be known as the parking violations bureau 3 and shall have jurisdiction of traffic infractions which constitute a 4 parking violation and, where authorized by local law adopted pursuant to 5 subdivisions (a) of sections eleven hundred eleven-b of this chapter as 6 added by sections sixteen of chapters twenty, twenty-one, and twenty-two 7 of the laws of two thousand nine, or subdivision (a) of section eleven 8 hundred eleven-d of this chapter, shall adjudicate the liability of 9 owners for violations of subdivision (d) of section eleven hundred elev- 10 en of this chapter in accordance with such sections eleven hundred 11 eleven-b as added by sections sixteen of chapters twenty, twenty-one, 12 and twenty-two of the laws of two thousand nine or section eleven 13 hundred eleven-d; and shall adjudicate liability of owners in accordance 14 with section eleven hundred eleven-c of this chapter for violations of 15 bus lane restrictions as defined in such section and shall adjudicate 16 liability of owners for violations of subdivisions (c) and (d) of 17 section eleven hundred eighty of this chapter in accordance with section 18 eleven hundred eighty-b of this chapter. For the purposes of this arti- 19 cle, a parking violation is the violation of any law, rule or regulation 20 providing for or regulating the parking, stopping or standing of a vehi- 21 cle. In addition for purposes of this article, "commissioner" shall mean 22 and include the commissioner of traffic of the city or an official 23 possessing authority as such a commissioner. 24 § 2-b. Subdivision 1 of section 236 of the vehicle and traffic law, as 25 amended by section 2-b of chapter 189 of the laws of 2013, is amended to 26 read as follows: 27 1. Creation. In any city as hereinbefore or hereafter authorized such 28 tribunal when created shall be known as the parking violations bureau 29 and shall have jurisdiction of traffic infractions which constitute a 30 parking violation and, where authorized by local law adopted pursuant to 31 subdivision (a) of section eleven hundred eleven-d of this chapter, 32 shall adjudicate liability of owners in accordance with section eleven 33 hundred eleven-c of this chapter for violations of bus lane restrictions 34 as defined in such section; and shall adjudicate the liability of owners 35 for violations of subdivision (b), (c), (d), (f) or (g) of section elev- 36 en hundred eighty of this chapter in accordance with section eleven 37 hundred eighty-b of this chapter. For the purposes of this article, a 38 parking violation is the violation of any law, rule or regulation 39 providing for or regulating the parking, stopping or standing of a vehi- 40 cle. In addition for purposes of this article, "commissioner" shall mean 41 and include the commissioner of traffic of the city or an official 42 possessing authority as such a commissioner. 43 § 2-c. Subdivision 1 of section 236 of the vehicle and traffic law, as 44 amended by section 2-c of chapter 189 of the laws of 2013, is amended to 45 read as follows: 46 1. Creation. In any city as hereinbefore or hereafter authorized such 47 tribunal when created shall be known as the parking violations bureau 48 and, where authorized by local law adopted pursuant to subdivision (a) 49 of section eleven hundred eleven-d of this chapter, shall have jurisdic- 50 tion of traffic infractions which constitute a parking violation and 51 shall adjudicate the liability of owners for violations of subdivision 52 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- 53 ter in accordance with section eleven hundred eighty-b of this chapter. 54 For the purposes of this article, a parking violation is the violation 55 of any law, rule or regulation providing for or regulating the parking, 56 stopping or standing of a vehicle. In addition for purposes of this

S. 7295 6 A. 9583 1 article, "commissioner" shall mean and include the commissioner of traf- 2 fic of the city or an official possessing authority as such a commis- 3 sioner. 4 § 2-d. Subdivision 1 of section 236 of the vehicle and traffic law, as 5 added by chapter 715 of the laws of 1972, is amended to read as follows: 6 1. Creation. In any city as hereinbefore or hereafter authorized such 7 tribunal when created shall be known as the parking violations bureau 8 and, where authorized by local law adopted pursuant to subdivision (a) 9 of section eleven hundred eleven-d of this chapter, shall have jurisdic- 10 tion of traffic infractions which constitute a parking violation. For 11 the purposes of this article, a parking violation is the violation of 12 any law, rule or regulation providing for or regulating the parking, 13 stopping or standing of a vehicle. In addition for purposes of this 14 article, "commissioner" shall mean and include the commissioner of traf- 15 fic of the city or an official possessing authority as such a commis- 16 sioner. 17 § 3. Section 237 of the vehicle and traffic law is amended by adding a 18 new subdivision 14 to read as follows: 19 14. To adjudicate the liability of owners for violations of subdivi- 20 sion (d) of section eleven hundred eleven of this chapter in accordance 21 with section eleven hundred eleven-d of this chapter, if authorized by 22 local law adopted pursuant to subdivision (a) of such section eleven 23 hundred eleven-d. 24 § 4. Paragraph f of subdivision 1 of section 239 of the vehicle and 25 traffic law, as amended by section 4 of chapter 189 of the laws of 2013, 26 is amended to read as follows: 27 f. "Notice of violation" means a notice of violation as defined in 28 subdivision nine of section two hundred thirty-seven of this article, 29 but shall not be deemed to include a notice of liability issued pursuant 30 to authorization set forth in section eleven hundred eleven-a of this 31 chapter, or sections eleven hundred eleven-b of this chapter as added by 32 sections sixteen of chapters twenty, twenty-one, and twenty-two of the 33 laws of two thousand nine, or section eleven hundred eleven-d of this 34 chapter, and shall not be deemed to include a notice of liability issued 35 pursuant to section two thousand nine hundred eighty-five of the public 36 authorities law and sections sixteen-a, sixteen-b and sixteen-c of chap- 37 ter seven hundred seventy-four of the laws of nineteen hundred fifty and 38 shall not be deemed to include a notice of liability issued pursuant to 39 section eleven hundred eleven-c of this chapter and shall not be deemed 40 to include a notice of liability issued pursuant to section eleven 41 hundred eighty-b of this chapter. 42 § 4-a. Paragraph f of subdivision 1 of section 239 of the vehicle and 43 traffic law, as amended by section 4-a of chapter 189 of the laws of 44 2013, is amended to read as follows: 45 f. "Notice of violation" means a notice of violation as defined in 46 subdivision nine of section two hundred thirty-seven of this article but 47 shall not be deemed to include a notice of liability issued pursuant to 48 authorization set forth in sections eleven hundred eleven-b of this 49 chapter as added by sections sixteen of chapters twenty, twenty-one, and 50 twenty-two of the laws of two thousand nine or section eleven hundred 51 eleven-d of this chapter and shall not be deemed to include a notice of 52 liability issued pursuant to section eleven hundred eleven-c of this 53 chapter and shall not be deemed to include a notice of liability issued 54 pursuant to section eleven hundred eighty-b of this chapter.

S. 7295 7 A. 9583 1 § 4-b. Paragraph f of subdivision 1 of section 239 of the vehicle and 2 traffic law, as amended by section 4-b of chapter 189 of the laws of 3 2013, is amended to read as follows: 4 f. "Notice of violation" means a notice of violation as defined in 5 subdivision nine of section two hundred thirty-seven of this article and 6 shall not be deemed to include a notice of liability issued pursuant to 7 authorization set forth in section eleven hundred eleven-d of this chap- 8 ter and shall not be deemed to include a notice of liability issued 9 pursuant to section eleven hundred eleven-c of this chapter and shall 10 not be deemed to include a notice of liability issued pursuant to 11 section eleven hundred eighty-b of this chapter. 12 § 4-c. Paragraph f of subdivision 1 of section 239 of the vehicle and 13 traffic law, as amended by section 4-c of chapter 189 of the laws of 14 2013, is amended to read as follows: 15 f. "Notice of violation" means a notice of violation as defined in 16 subdivision nine of section two hundred thirty-seven of this article and 17 shall not be deemed to include a notice of liability issued pursuant to 18 authorization set forth in section eleven hundred eleven-d of this chap- 19 ter and shall not be deemed to include a notice of liability issued 20 pursuant to section eleven hundred eighty-b of this chapter. 21 § 4-d. Paragraph f of subdivision 1 of section 239 of the vehicle and 22 traffic law, as added by chapter 180 of the laws of 1980, is amended to 23 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 and 26 shall not be deemed to include a notice of liability issued pursuant to 27 authorization set forth in section eleven hundred eleven-d of this chap- 28 ter. 29 § 5. Subdivisions 1 and 1-a of section 240 of the vehicle and traffic 30 law, as amended by section 6 of chapter 189 of the laws of 2013, are 31 amended to read as follows: 32 1. Notice of hearing. Whenever a person charged with a parking 33 violation enters a plea of not guilty or a person alleged to be liable 34 in accordance with section eleven hundred eleven-a of this chapter or 35 sections eleven hundred eleven-b of this chapter as added by sections 36 sixteen of chapters twenty, twenty-one, and twenty-two of the laws of 37 two thousand nine or section eleven hundred eleven-d of this chapter, 38 for a violation of subdivision (d) of section eleven hundred eleven of 39 this chapter contests such allegation, or a person alleged to be liable 40 in accordance with the provisions of section two thousand nine hundred 41 eighty-five of the public authorities law or sections sixteen-a, 42 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the 43 laws of nineteen hundred fifty, or a person alleged to be liable in 44 accordance with the provisions of section eleven hundred eleven-c of 45 this chapter for a violation of a bus lane restriction as defined in 46 such section contests such allegation, or a person alleged to be liable 47 in accordance with the provisions of section eleven hundred eighty-b of 48 this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of 49 section eleven hundred eighty of this chapter contests such allegation, 50 the bureau shall advise such person personally by such form of first 51 class mail as the director may direct of the date on which he or she 52 must appear to answer the charge at a hearing. The form and content of 53 such notice of hearing shall be prescribed by the director, and shall 54 contain a warning to advise the person so pleading or contesting that 55 failure to appear on the date designated, or on any subsequent adjourned

S. 7295 8 A. 9583 1 date, shall be deemed an admission of liability, and that a default 2 judgment may be entered thereon. 3 1-a. Fines and penalties. Whenever a plea of not guilty has been 4 entered, or the bureau has been notified that an allegation of liability 5 in accordance with section eleven hundred eleven-a of this chapter or 6 sections eleven hundred eleven-b of this chapter as added by sections 7 sixteen of chapters twenty, twenty-one, and twenty-two of the laws of 8 two thousand nine or section eleven hundred eleven-d of this chapter or 9 an allegation of liability in accordance with section two thousand nine 10 hundred eighty-five of the public authorities law or sections sixteen-a, 11 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the 12 laws of nineteen hundred fifty or an allegation of liability in accord- 13 ance with section eleven hundred eleven-c of this chapter or an allega- 14 tion of liability in accordance with section eleven hundred eighty-b of 15 this chapter, is being contested, by a person in a timely fashion and a 16 hearing upon the merits has been demanded, but has not yet been held, 17 the bureau shall not issue any notice of fine or penalty to that person 18 prior to the date of the hearing. 19 § 5-a. Subdivisions 1 and 1-a of section 240 of the vehicle and traf- 20 fic law, as amended by section 6-a of chapter 189 of the laws of 2013, 21 are amended to read as follows: 22 1. Notice of hearing. Whenever a person charged with a parking 23 violation enters a plea of not guilty or a person alleged to be liable 24 in accordance with 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 section eleven hundred eleven-d of 27 this chapter for a violation of subdivision (d) of section eleven 28 hundred eleven of this chapter, or a person alleged to be liable in 29 accordance with the provisions of section eleven hundred eleven-c of 30 this chapter for a violation of a bus lane restriction as defined in 31 such section contests such allegation, or a person alleged to be liable 32 in accordance with the provisions of section eleven hundred eighty-b of 33 this chapter for violations of subdivision (b), (c), (d), (f) or (g) of 34 section eleven hundred eighty of this chapter contests such allegation, 35 the bureau shall advise such person personally by such form of first 36 class mail as the director may direct of the date on which he or she 37 must appear to answer the charge at a hearing. The form and content of 38 such notice of hearing shall be prescribed by the director, and shall 39 contain a warning to advise the person so pleading or contesting that 40 failure to appear on the date designated, or on any subsequent adjourned 41 date, shall be deemed an admission of liability, and that a default 42 judgment may be entered thereon. 43 1-a. Fines and penalties. Whenever a plea of not guilty has been 44 entered, or the bureau has been notified that an allegation of liability 45 in accordance with sections eleven hundred eleven-b of this chapter, as 46 added by sections sixteen of chapters twenty, twenty-one, and twenty-two 47 of the laws of two thousand nine[,] or in accordance with section eleven 48 hundred eleven-d of this chapter or an allegation of liability in 49 accordance with section eleven hundred eleven-c of this chapter or an 50 allegation of liability in accordance with section eleven hundred eight- 51 y-b of this chapter is being contested, by a person in a timely fashion 52 and a hearing upon the merits has been demanded, but has not yet been 53 held, the bureau shall not issue any notice of fine or penalty to that 54 person prior to the date of the hearing.

S. 7295 9 A. 9583 1 § 5-b. Subdivisions 1 and 1-a of section 240 of the vehicle and traf- 2 fic law, as amended by section 6-b of chapter 189 of the laws of 2013, 3 are amended to read as follows: 4 1. Notice of hearing. Whenever a person charged with a parking 5 violation enters a plea of not guilty or a person alleged to be liable 6 in accordance with section eleven hundred eleven-d of this chapter or in 7 accordance with the provisions of section eleven hundred eleven-c of 8 this chapter for a violation of a bus lane restriction as defined in 9 such section, contests such allegation, or a person alleged to be liable 10 in accordance with the provisions of section eleven hundred eighty-b of 11 this chapter for violations of subdivision (b), (c), (d), (f) or (g) of 12 section eleven hundred eighty of this chapter contests such allegation, 13 the bureau shall advise such person personally by such form of first 14 class mail as the director may direct of the date on which he or she 15 must appear to answer the charge at a hearing. The form and content of 16 such notice of hearing shall be prescribed by the director, and shall 17 contain a warning to advise the person so pleading that failure to 18 appear on the date designated, or on any subsequent adjourned date, 19 shall be deemed an admission of liability, and that a default judgment 20 may be entered thereon. 21 1-a. Fines and penalties. Whenever a plea of not guilty has been 22 entered, or the bureau has been notified that an allegation of liability 23 in accordance with section eleven hundred eleven-d of this chapter or in 24 accordance with section eleven hundred eleven-c of this chapter or an 25 allegation of liability in accordance with section eleven hundred eight- 26 y-b of this chapter is being contested, by a person in a timely fashion 27 and a hearing upon the merits has been demanded, but has not yet been 28 held, the bureau shall not issue any notice of fine or penalty to that 29 person prior to the date of the hearing. 30 § 5-c. Subdivisions 1 and 1-a of section 240 of the vehicle and traf- 31 fic law, as amended by section 6-c of chapter 189 of the laws of 2013, 32 are amended to read as follows: 33 1. Notice of hearing. Whenever a person charged with a parking 34 violation enters a plea of not guilty, or a person alleged to be liable 35 in accordance with section eleven hundred eleven-d of this chapter, or a 36 person alleged to be liable in accordance with the provisions of section 37 eleven hundred eighty-b of this chapter for violations of subdivision 38 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- 39 ter contests such allegation, the bureau shall advise such person 40 personally by such form of first class mail as the director may direct 41 of the date on which he or she must appear to answer the charge at a 42 hearing. The form and content of such notice of hearing shall be 43 prescribed by the director, and shall contain a warning to advise the 44 person so pleading that failure to appear on the date designated, or on 45 any subsequent adjourned date, shall be deemed an admission of liabil- 46 ity, and that a default judgment may be entered thereon. 47 1-a. Fines and penalties. Whenever a plea of not guilty has been 48 entered, or the bureau has been notified that an allegation of liability 49 in accordance with section eleven hundred eleven-d of this chapter, or 50 the bureau has been notified that an allegation of liability in accord- 51 ance with section eleven hundred eighty-b of this chapter, is being 52 contested, by a person in a timely fashion and a hearing upon the merits 53 has been demanded, but has not yet been held, the bureau shall not issue 54 any notice of fine or penalty to that person prior to the date of the 55 hearing.

S. 7295 10 A. 9583 1 § 5-d. Subdivisions 1 and 1-a of section 240 of the vehicle and traf- 2 fic law, subdivision 1 as added by chapter 715 of the laws of 1972 and 3 subdivision 1-a as added by chapter 365 of the laws of 1978, are amended 4 to read as follows: 5 1. Notice of hearing. Whenever a person charged with a parking 6 violation enters a plea of not guilty, or a person alleged to be liable 7 in accordance with section eleven hundred eleven-d of this chapter 8 contests such allegation, the bureau shall advise such person personally 9 by such form of first class mail as the director may direct of the date 10 on which he or she must appear to answer the charge at a hearing. The 11 form and content of such notice of hearing shall be prescribed by the 12 director, and shall contain a warning to advise the person so pleading 13 that failure to appear on the date designated, or on any subsequent 14 adjourned date, shall be deemed an admission of liability, and that a 15 default judgment may be entered thereon. 16 1-a. Fines and penalties. Whenever a plea of not guilty has been 17 entered, or the bureau has been notified that an allegation of liability 18 in accordance with section eleven hundred eleven-d of this chapter, is 19 being contested, by a person in a timely fashion and a hearing upon the 20 merits has been demanded, but has not yet been held, the bureau shall 21 not issue any notice of fine or penalty to that person prior to the date 22 of the hearing. 23 § 6. Paragraphs a and g of subdivision 2 of section 240 of the vehicle 24 and traffic law, as amended by section 7 of chapter 189 of the laws of 25 2013, are amended to read as follows: 26 a. Every hearing for the adjudication of a charge of parking violation 27 or an allegation of liability in accordance with section eleven hundred 28 eleven-a of this chapter or in accordance with sections eleven hundred 29 eleven-b of this chapter as added by sections sixteen of chapters twen- 30 ty, twenty-one, and twenty-two of the laws of two thousand nine or in 31 accordance with section eleven hundred eleven-d of this chapter or an 32 allegation of liability in accordance with section two thousand nine 33 hundred eighty-five of the public authorities law or sections sixteen-a, 34 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the 35 laws of nineteen hundred fifty or an allegation of liability in accord- 36 ance with section eleven hundred eleven-c of this chapter or an allega- 37 tion of liability in accordance with section eleven hundred eighty-b of 38 this chapter, shall be held before a hearing examiner in accordance with 39 rules and regulations promulgated by the bureau. 40 g. A record shall be made of a hearing on a plea of not guilty or of a 41 hearing at which liability in accordance with section eleven hundred 42 eleven-a of this chapter or in accordance with sections eleven hundred 43 eleven-b of this chapter as added by sections sixteen of chapters twen- 44 ty, twenty-one, and twenty-two of the laws of two thousand nine or in 45 accordance with section eleven hundred eleven-d of this chapter is 46 contested or of a hearing at which liability in accordance with section 47 two thousand nine hundred eighty-five of the public authorities law or 48 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred 49 seventy-four of the laws of nineteen hundred fifty is contested or of a 50 hearing at which liability in accordance with section eleven hundred 51 eleven-c of this chapter or a hearing at which liability in accordance 52 with section eleven hundred eighty-b of this chapter is contested. 53 Recording devices may be used for the making of the record. 54 § 6-a. Paragraphs a and g of subdivision 2 of section 240 of the vehi- 55 cle and traffic law, as amended by section 7-a of chapter 189 of the 56 laws of 2013, are amended to read as follows:

S. 7295 11 A. 9583 1 a. Every hearing for the adjudication of a charge of parking violation 2 or an allegation of liability in accordance with sections eleven hundred 3 eleven-b of this chapter, as added by sections sixteen of chapters twen- 4 ty, twenty-one, and twenty-two of the laws of two thousand nine or in 5 accordance with section eleven hundred eleven-d of this chapter or an 6 allegation of liability in accordance with section eleven hundred 7 eleven-c of this chapter or an allegation of liability in accordance 8 with section eleven hundred eighty-b of this chapter, shall be held 9 before a hearing examiner in accordance with rules and regulations 10 promulgated by the bureau. 11 g. A record shall be made of a hearing on a plea of not guilty or of a 12 hearing at which liability in accordance with sections eleven hundred 13 eleven-b of this chapter, as added by sections sixteen of chapters twen- 14 ty, twenty-one, and twenty-two of the laws of two thousand nine or in 15 accordance with section eleven hundred eleven-d of this chapter or of a 16 hearing at which liability in accordance with section eleven hundred 17 eleven-c of this chapter or a hearing at which liability in accordance 18 with section eleven hundred eighty-b of this chapter is contested. 19 Recording devices may be used for the making of the record. 20 § 6-b. Paragraphs a and g of subdivision 2 of section 240 of the vehi- 21 cle and traffic law, as amended by section 7-b of chapter 189 of the 22 laws of 2013, are amended to read as follows: 23 a. Every hearing for the adjudication of a charge of parking violation 24 or an allegation of liability in accordance with section eleven hundred 25 eleven-d of this chapter or an allegation of liability in accordance 26 with section eleven hundred eleven-c of this chapter or an allegation of 27 liability in accordance with section eleven hundred eighty-b of this 28 chapter shall be held before a hearing examiner in accordance with rules 29 and regulations promulgated by the bureau. 30 g. A record shall be made of a hearing on a plea of not guilty or of a 31 hearing at which liability in accordance with section eleven hundred 32 eleven-d of this chapter or of a hearing at which liability in accord- 33 ance with section eleven hundred eleven-c of this chapter or a hearing 34 at which liability in accordance with section eleven hundred eighty-b of 35 this chapter is contested. Recording devices may be used for the making 36 of the record. 37 § 6-c. Paragraphs a and g of subdivision 2 of section 240 of the vehi- 38 cle and traffic law, as amended by section 7-c of chapter 189 of the 39 laws of 2013, are amended to read as follows: 40 a. Every hearing for the adjudication of a charge of parking violation 41 or an allegation of liability in accordance with section eleven hundred 42 eleven-d of this chapter or an allegation of liability in accordance 43 with section eleven hundred eighty-b of this chapter shall be held 44 before a hearing examiner in accordance with rules and regulations 45 promulgated by the bureau. 46 g. A record shall be made of a hearing on a plea of not guilty or of a 47 hearing at which liability in accordance with section eleven hundred 48 eleven-d of this chapter or a hearing at which liability in accordance 49 with section eleven hundred eighty-b of this chapter is contested. 50 Recording devices may be used for the making of the record. 51 § 6-d. Paragraphs a and g of subdivision 2 of section 240 of the vehi- 52 cle and traffic law, as added by chapter 715 of the laws of 1972, are 53 amended to read as follows: 54 a. Every hearing for the adjudication of a charge of parking violation 55 or an allegation of liability in accordance with section eleven hundred

S. 7295 12 A. 9583 1 eleven-d of this chapter shall be held before a hearing examiner in 2 accordance with rules and regulations promulgated by the bureau. 3 g. A record shall be made of a hearing on a plea of not guilty or a 4 hearing at which liability in accordance with section eleven hundred 5 eleven-d of this chapter is contested. Recording devices may be used for 6 the making of the record. 7 § 7. Subdivisions 1 and 2 of section 241 of the vehicle and traffic 8 law, as amended by section 8 of chapter 189 of the laws of 2013, are 9 amended to read as follows: 10 1. The hearing examiner shall make a determination on the charges, 11 either sustaining or dismissing them. Where the hearing examiner deter- 12 mines that the charges have been sustained he or she may examine either 13 the prior parking violations record or the record of liabilities 14 incurred in accordance with section eleven hundred eleven-a of this 15 chapter or in accordance with sections eleven hundred eleven-b of this 16 chapter as added by sections sixteen of chapters twenty, twenty-one, and 17 twenty-two of the laws of two thousand nine or in accordance with 18 section eleven hundred eleven-d of this chapter or the record of liabil- 19 ities incurred in accordance with section two thousand nine hundred 20 eighty-five of the public authorities law or sections sixteen-a, 21 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the 22 laws of nineteen hundred fifty of the person charged, or the record of 23 liabilities incurred in accordance with section eleven hundred eleven-c 24 of this chapter, or the record of liabilities incurred in accordance 25 with section eleven hundred eighty-b of this chapter, as applicable 26 prior to rendering a final determination. Final determinations sustain- 27 ing or dismissing charges shall be entered on a final determination roll 28 maintained by the bureau together with records showing payment and 29 nonpayment of penalties. 30 2. Where an operator or owner fails to enter a plea to a charge of a 31 parking violation or contest an allegation of liability in accordance 32 with section eleven hundred eleven-a of this chapter or in accordance 33 with sections eleven hundred eleven-b of this chapter as added by 34 sections sixteen of chapters twenty, twenty-one, and twenty-two of the 35 laws of two thousand nine or in accordance with section eleven hundred 36 eleven-d of this chapter or fails to contest an allegation of liability 37 in accordance with section two thousand nine hundred eighty-five of the 38 public authorities law or sections sixteen-a, sixteen-b and sixteen-c of 39 chapter seven hundred seventy-four of the laws of nineteen hundred 40 fifty, or fails to contest an allegation of liability in accordance with 41 section eleven hundred eleven-c of this chapter or fails to contest an 42 allegation of liability in accordance with section eleven hundred eight- 43 y-b of this chapter or fails to appear on a designated hearing date or 44 subsequent adjourned date or fails after a hearing to comply with the 45 determination of a hearing examiner, as prescribed by this article or by 46 rule or regulation of the bureau, such failure to plead or contest, 47 appear or comply shall be deemed, for all purposes, an admission of 48 liability and shall be grounds for rendering and entering a default 49 judgment in an amount provided by the rules and regulations of the 50 bureau. However, after the expiration of the original date prescribed 51 for entering a plea and before a default judgment may be rendered, in 52 such case the bureau shall pursuant to the applicable provisions of law 53 notify such operator or owner, by such form of first class mail as the 54 commission may direct; (1) of the violation charged, or liability in 55 accordance with section eleven hundred eleven-a of this chapter or in 56 accordance with sections eleven hundred eleven-b of this chapter as

S. 7295 13 A. 9583 1 added by sections sixteen of chapters twenty, twenty-one, and twenty-two 2 of the laws of two thousand nine or in accordance with section eleven 3 hundred eleven-d of this chapter alleged or liability in accordance with 4 section two thousand nine hundred eighty-five of the public authorities 5 law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven 6 hundred seventy-four of the laws of nineteen hundred fifty alleged or 7 liability in accordance with section eleven hundred eleven-c of this 8 chapter or liability in accordance with section eleven hundred eighty-b 9 of this chapter alleged, (2) of the impending default judgment, (3) that 10 such judgment will be entered in the Civil Court of the city in which 11 the bureau has been established, or other court of civil jurisdiction or 12 any other place provided for the entry of civil judgments within the 13 state of New York, and (4) that a default may be avoided by entering a 14 plea or contesting an allegation of liability in accordance with section 15 eleven hundred eleven-a of this chapter or in accordance with sections 16 eleven hundred eleven-b of this chapter as added by sections sixteen of 17 chapters twenty, twenty-one, and twenty-two of the laws of two thousand 18 nine or in accordance with section eleven hundred eleven-d of this chap- 19 ter or contesting an allegation of liability in accordance with section 20 two thousand nine hundred eighty-five of the public authorities law or 21 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred 22 seventy-four of the laws of nineteen hundred fifty or contesting an 23 allegation of liability in accordance with section eleven hundred 24 eleven-c of this chapter or contesting an allegation of liability in 25 accordance with section eleven hundred eighty-b of this chapter, as 26 appropriate, or making an appearance within thirty days of the sending 27 of such notice. Pleas entered and allegations contested within that 28 period shall be in the manner prescribed in the notice and not subject 29 to additional penalty or fee. Such notice of impending default judgment 30 shall not be required prior to the rendering and entry thereof in the 31 case of operators or owners who are non-residents of the state of New 32 York. In no case shall a default judgment be rendered or, where 33 required, a notice of impending default judgment be sent, more than two 34 years after the expiration of the time prescribed for entering a plea or 35 contesting an allegation. When a person has demanded a hearing, no fine 36 or penalty shall be imposed for any reason, prior to the holding of the 37 hearing. If the hearing examiner shall make a determination on the 38 charges, sustaining them, he or she shall impose no greater penalty or 39 fine than those upon which the person was originally charged. 40 § 7-a. Subdivisions 1 and 2 of section 241 of the vehicle and traffic 41 law, as amended by section 8-a of chapter 189 of the laws of 2013, are 42 amended to read as follows: 43 1. The hearing examiner shall make a determination on the charges, 44 either sustaining or dismissing them. Where the hearing examiner deter- 45 mines that the charges have been sustained he or she may examine either 46 the prior parking violations record or the record of liabilities 47 incurred in accordance with sections eleven hundred eleven-b of this 48 chapter as added by sections sixteen of chapters twenty, twenty-one, and 49 twenty-two of the laws of two thousand nine or in accordance with 50 section eleven hundred eleven-d of this chapter of the person charged, 51 or the record of liabilities incurred in accordance with section eleven 52 hundred eleven-c of this chapter, or the record of liabilities incurred 53 in accordance with section eleven hundred eighty-b of this chapter, as 54 applicable prior to rendering a final determination. Final determi- 55 nations sustaining or dismissing charges shall be entered on a final

S. 7295 14 A. 9583 1 determination roll maintained by the bureau together with records show- 2 ing 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 sections eleven hundred eleven-b of this chapter as added by 6 sections sixteen of chapters twenty, twenty-one, and twenty-two of the 7 laws of two thousand nine or in accordance with section eleven hundred 8 eleven-d of this chapter, or fails to contest an allegation of liability 9 in accordance with section eleven hundred eleven-c of this chapter, or 10 fails to contest an allegation of liability incurred in accordance with 11 section eleven hundred eighty-b of this chapter, or fails to appear on a 12 designated hearing date or subsequent adjourned date or fails after a 13 hearing to comply with the determination of a hearing examiner, as 14 prescribed by this article or by rule or regulation of the bureau, such 15 failure to plead, contest, appear or comply shall be deemed, for all 16 purposes, an admission of liability and shall be grounds for rendering 17 and entering a default judgment in an amount provided by the rules and 18 regulations of the bureau. However, after the expiration of the original 19 date prescribed for entering a plea and before a default judgment may be 20 rendered, in such case the bureau shall pursuant to the applicable 21 provisions of law notify such operator or owner, by such form of first 22 class mail as the commission may direct; (1) of the violation charged, 23 or liability in accordance with sections eleven hundred eleven-b of this 24 chapter, as added by sections sixteen of chapters twenty, twenty-one, 25 and twenty-two of the laws of two thousand nine or in accordance with 26 section eleven hundred eleven-d of this chapter, or liability in accord- 27 ance with section eleven hundred eleven-c of this chapter or liability 28 in accordance with section eleven hundred eighty-b of this chapter 29 alleged, (2) of the impending default judgment, (3) that such judgment 30 will be entered in the Civil Court of the city in which the bureau has 31 been established, or other court of civil jurisdiction or any other 32 place provided for the entry of civil judgments within the state of New 33 York, and (4) that a default may be avoided by entering a plea or 34 contesting an allegation of liability in accordance with sections eleven 35 hundred eleven-b of this chapter as added by sections sixteen of chap- 36 ters twenty, twenty-one, and twenty-two of the laws of two thousand nine 37 or in accordance with section eleven hundred eleven-d of this chapter, 38 or contesting an allegation of liability in accordance with section 39 eleven hundred eleven-c of this chapter or contesting an allegation of 40 liability in accordance with section eleven hundred eighty-b of this 41 chapter as appropriate, or making an appearance within thirty days of 42 the sending of such notice. Pleas entered and allegations contested 43 within that period shall be in the manner prescribed in the notice and 44 not subject to additional penalty or fee. Such notice of impending 45 default judgment shall not be required prior to the rendering and entry 46 thereof in the case of operators or owners who are non-residents of the 47 state of New York. In no case shall a default judgment be rendered or, 48 where required, a notice of impending default judgment be sent, more 49 than two years after the expiration of the time prescribed for entering 50 a plea or contesting an allegation. When a person has demanded a hear- 51 ing, no fine or penalty shall be imposed for any reason, prior to the 52 holding of the hearing. If the hearing examiner shall make a determi- 53 nation on the charges, sustaining them, he or she shall impose no great- 54 er penalty or fine than those upon which the person was originally 55 charged.

S. 7295 15 A. 9583 1 § 7-b. Subdivisions 1 and 2 of section 241 of the vehicle and traffic 2 law, as amended by section 8-b of chapter 189 of the laws of 2013, are 3 amended to read as follows: 4 1. The hearing examiner shall make a determination on the charges, 5 either sustaining or dismissing them. Where the hearing examiner deter- 6 mines that the charges have been sustained he or she may examine the 7 prior parking violations record or the record of liabilities incurred in 8 accordance with section eleven hundred eleven-d of this chapter of the 9 person charged, or the record of liabilities incurred in accordance with 10 section eleven hundred eleven-c of this chapter, or the record of 11 liabilities incurred in accordance with section eleven hundred eighty-b 12 of this chapter, as applicable, prior to rendering a final determi- 13 nation. Final determinations sustaining or dismissing charges shall be 14 entered on a final determination roll maintained by the bureau together 15 with records showing payment and nonpayment of penalties. 16 2. Where an operator or owner fails to enter a plea to a charge of a 17 parking violation or contest an allegation of liability in accordance 18 with section eleven hundred eleven-d of this chapter, or fails to 19 contest an allegation of liability in accordance with section eleven 20 hundred eleven-c of this chapter, or fails to contest an allegation of 21 liability incurred in accordance with section eleven hundred eighty-b of 22 this chapter, or fails to appear on a designated hearing date or subse- 23 quent adjourned date or fails after a hearing to comply with the deter- 24 mination of a hearing examiner, as prescribed by this article or by rule 25 or regulation of the bureau, such failure to plead, appear or comply 26 shall be deemed, for all purposes, an admission of liability and shall 27 be grounds for rendering and entering a default judgment in an amount 28 provided by the rules and regulations of the bureau. However, after the 29 expiration of the original date prescribed for entering a plea and 30 before a default judgment may be rendered, in such case the bureau shall 31 pursuant to the applicable provisions of law notify such operator or 32 owner, by such form of first class mail as the commission may direct; 33 (1) of the violation charged, or liability in accordance with section 34 eleven hundred eleven-d of this chapter, or alleged liability in accord- 35 ance with section eleven hundred eleven-c of this chapter or alleged 36 liability in accordance with section eleven hundred eighty-b of this 37 chapter, (2) of the impending default judgment, (3) that such judgment 38 will be entered in the Civil Court of the city in which the bureau has 39 been established, or other court of civil jurisdiction or any other 40 place provided for the entry of civil judgments within the state of New 41 York, and (4) that a default may be avoided by entering a plea or 42 contesting an allegation of liability in accordance with section eleven 43 hundred eleven-d of this chapter or contesting an allegation of liabil- 44 ity in accordance with section eleven hundred eleven-c of this chapter 45 or contesting an allegation of liability in accordance with section 46 eleven hundred eighty-b of this chapter or making an appearance within 47 thirty days of the sending of such notice. Pleas entered within that 48 period shall be in the manner prescribed in the notice and not subject 49 to additional penalty or fee. Such notice of impending default judgment 50 shall not be required prior to the rendering and entry thereof in the 51 case of operators or owners who are non-residents of the state of New 52 York. In no case shall a default judgment be rendered or, where 53 required, a notice of impending default judgment be sent, more than two 54 years after the expiration of the time prescribed for entering a plea. 55 When a person has demanded a hearing, no fine or penalty shall be 56 imposed for any reason, prior to the holding of the hearing. If the

S. 7295 16 A. 9583 1 hearing examiner shall make a determination on the charges, sustaining 2 them, he or she shall impose no greater penalty or fine than those upon 3 which the person was originally charged. 4 § 7-c. Subdivisions 1 and 2 of section 241 of the vehicle and traffic 5 law, as amended by section 8-c of chapter 189 of the laws of 2013, are 6 amended to read as follows: 7 1. The hearing examiner shall make a determination on the charges, 8 either sustaining or dismissing them. Where the hearing examiner deter- 9 mines that the charges have been sustained he or she may examine either 10 the prior parking violations record or the record of liabilities 11 incurred in accordance with section eleven hundred eleven-d of this 12 chapter of the person charged, or the record of liabilities incurred in 13 accordance with section eleven hundred eighty-b of this chapter, as 14 applicable, prior to rendering a final determination. Final determi- 15 nations sustaining or dismissing charges shall be entered on a final 16 determination roll maintained by the bureau together with records show- 17 ing payment and nonpayment of penalties. 18 2. Where an operator or owner fails to enter a plea to a charge of a 19 parking violation or contest an allegation of liability in accordance 20 with section eleven hundred eleven-d of this chapter or fails to contest 21 an allegation of liability incurred in accordance with section eleven 22 hundred eighty-b of this chapter or fails to appear on a designated 23 hearing date or subsequent adjourned date or fails after a hearing to 24 comply with the determination of a hearing examiner, as prescribed by 25 this article or by rule or regulation of the bureau, such failure to 26 plead, appear or comply shall be deemed, for all purposes, an admission 27 of liability and shall be grounds for rendering and entering a default 28 judgment in an amount provided by the rules and regulations of the 29 bureau. However, after the expiration of the original date prescribed 30 for entering a plea and before a default judgment may be rendered, in 31 such case the bureau shall pursuant to the applicable provisions of law 32 notify such operator or owner, by such form of first class mail as the 33 commission may direct; (1) of the violation charged or liability in 34 accordance with section eleven hundred eleven-d of this chapter or 35 liability in accordance with section eleven hundred eighty-b of this 36 chapter alleged, (2) of the impending default judgment, (3) that such 37 judgment will be entered in the Civil Court of the city in which the 38 bureau has been established, or other court of civil jurisdiction or any 39 other place provided for the entry of civil judgments within the state 40 of New York, and (4) that a default may be avoided by entering a plea or 41 contesting an allegation of liability in accordance with section eleven 42 hundred eleven-d of this chapter or contesting an allegation of liabil- 43 ity in accordance with section eleven hundred eighty-b of this chapter 44 or making an appearance within thirty days of the sending of such 45 notice. Pleas entered within that period shall be in the manner 46 prescribed in the notice and not subject to additional penalty or fee. 47 Such notice of impending default judgment shall not be required prior to 48 the rendering and entry thereof in the case of operators or owners who 49 are non-residents of the state of New York. In no case shall a default 50 judgment be rendered or, where required, a notice of impending default 51 judgment be sent, more than two years after the expiration of the time 52 prescribed for entering a plea. When a person has demanded a hearing, no 53 fine or penalty shall be imposed for any reason, prior to the holding of 54 the hearing. If the hearing examiner shall make a determination on the 55 charges, sustaining them, he shall impose no greater penalty or fine 56 than those upon which the person was originally charged.

S. 7295 17 A. 9583 1 § 7-d. Subdivisions 1 and 2 of section 241 of the vehicle and traffic 2 law, subdivision 1 as added by chapter 715 of the laws of 1972 and 3 subdivision 2 as amended by chapter 365 of the laws of 1978, are amended 4 to read as follows: 5 1. The hearing examiner shall make a determination on the charges, 6 either sustaining or dismissing them. Where the hearing examiner deter- 7 mines that the charges have been sustained he or she may examine either 8 the prior parking violations record or the record of liabilities 9 incurred in accordance with section eleven hundred eleven-d of this 10 chapter of the person charged, as applicable, prior to rendering a final 11 determination. Final determinations sustaining or dismissing charges 12 shall be entered on a final determination roll maintained by the bureau 13 together with records showing payment and nonpayment of penalties. 14 2. Where an operator or owner fails to enter a plea to a charge of a 15 parking violation or contest an allegation of liability in accordance 16 with section eleven hundred eleven-d of this chapter or fails to appear 17 on a designated hearing date or subsequent adjourned date or fails after 18 a hearing to comply with the determination of a hearing examiner, as 19 prescribed by this article or by rule or regulation of the bureau, such 20 failure to plead, appear or comply shall be deemed, for all purposes, an 21 admission of liability and shall be grounds for rendering and entering a 22 default judgment in an amount provided by the rules and regulations of 23 the bureau. However, after the expiration of the original date 24 prescribed for entering a plea and before a default judgment may be 25 rendered, in such case the bureau shall pursuant to the applicable 26 provisions of law notify such operator or owner, by such form of first 27 class mail as the commission may direct; (1) of the violation charged or 28 liability in accordance with section eleven hundred eleven-d of this 29 chapter alleged, (2) of the impending default judgment, (3) that such 30 judgment will be entered in the Civil Court of the city in which the 31 bureau has been established, or other court of civil jurisdiction or any 32 other place provided for the entry of civil judgments within the state 33 of New York, and (4) that a default may be avoided by entering a plea or 34 contesting an allegation of liability in accordance with section eleven 35 hundred eleven-d of this chapter or making an appearance within thirty 36 days of the sending of such notice. Pleas entered within that period 37 shall be in the manner prescribed in the notice and not subject to addi- 38 tional penalty or fee. Such notice of impending default judgment shall 39 not be required prior to the rendering and entry thereof in the case of 40 operators or owners who are non-residents of the state of New York. In 41 no case shall a default judgment be rendered or, where required, a 42 notice of impending default judgment be sent, more than two years after 43 the expiration of the time prescribed for entering a plea. When a person 44 has demanded a hearing, no fine or penalty shall be imposed for any 45 reason, prior to the holding of the hearing. If the hearing examiner 46 shall make a determination on the charges, sustaining them, he shall 47 impose no greater penalty or fine than those upon which the person was 48 originally charged. 49 § 8. Subparagraph (i) of paragraph a of subdivision 5-a of section 401 50 of the vehicle and traffic law, as amended by section 9 of chapter 189 51 of the laws of 2013, is amended to read as follows: 52 (i) If at the time of application for a registration or renewal there- 53 of there is a certification from a court, parking violations bureau, 54 traffic and parking violations agency or administrative tribunal of 55 appropriate jurisdiction or administrative tribunal of appropriate 56 jurisdiction that the registrant or his or her representative failed to

S. 7295 18 A. 9583 1 appear on the return date or any subsequent adjourned date or failed to 2 comply with the rules and regulations of an administrative tribunal 3 following entry of a final decision in response to a total of three or 4 more summonses or other process in the aggregate, issued within an eigh- 5 teen month period, charging either that: (i) such motor vehicle was 6 parked, stopped or standing, or that such motor vehicle was operated for 7 hire by the registrant or his or her agent without being licensed as a 8 motor vehicle for hire by the appropriate local authority, in violation 9 of any of the provisions of this chapter or of any law, ordinance, rule 10 or regulation made by a local authority; or (ii) the registrant was 11 liable in accordance with section eleven hundred eleven-a [of this chap- 12 ter or], section eleven hundred eleven-b or section eleven hundred 13 eleven-d of this chapter for a violation of subdivision (d) of section 14 eleven hundred eleven of this chapter; or (iii) the registrant was 15 liable in accordance with section eleven hundred eleven-c of this chap- 16 ter for a violation of a bus lane restriction as defined in such 17 section, or (iv) the registrant was liable in accordance with section 18 eleven hundred eighty-b of this chapter for a violation of subdivision 19 (c) or (d) of section eleven hundred eighty of this chapter, the commis- 20 sioner or his or her agent shall deny the registration or renewal appli- 21 cation until the applicant provides proof from the court, traffic and 22 parking violations agency or administrative tribunal wherein the charges 23 are pending that an appearance or answer has been made or in the case of 24 an administrative tribunal that he or she has complied with the rules 25 and regulations of said tribunal following entry of a final decision. 26 Where an application is denied pursuant to this section, the commission- 27 er may, in his or her discretion, deny a registration or renewal appli- 28 cation to any other person for the same vehicle and may deny a registra- 29 tion or renewal application for any other motor vehicle registered in 30 the name of the applicant where the commissioner has determined that 31 such registrant's intent has been to evade the purposes of this subdivi- 32 sion and where the commissioner has reasonable grounds to believe that 33 such registration or renewal will have the effect of defeating the 34 purposes of this subdivision. Such denial shall only remain in effect as 35 long as the summonses remain unanswered, or in the case of an adminis- 36 trative tribunal, the registrant fails to comply with the rules and 37 regulations following entry of a final decision. 38 § 8-a. Paragraph a of subdivision 5-a of section 401 of the vehicle 39 and traffic law, as amended by section 9-a of chapter 189 of the laws of 40 2013, is amended to read as follows: 41 a. If at the time of application for a registration or renewal thereof 42 there is a certification from a court or administrative tribunal of 43 appropriate jurisdiction that the registrant or his or her represen- 44 tative failed to appear on the return date or any subsequent adjourned 45 date or failed to comply with the rules and regulations of an adminis- 46 trative tribunal following entry of a final decision in response to a 47 total of three or more summonses or other process in the aggregate, 48 issued within an eighteen month period, charging either that: (i) such 49 motor vehicle was parked, stopped or standing, or that such motor vehi- 50 cle was operated for hire by the registrant or his or her agent without 51 being licensed as a motor vehicle for hire by the appropriate local 52 authority, in violation of any of the provisions of this chapter or of 53 any law, ordinance, rule or regulation made by a local authority; or 54 (ii) the registrant was liable in accordance with section eleven hundred 55 eleven-b of this chapter for a violation of subdivision (d) of section 56 eleven hundred eleven of this chapter; or (iii) the registrant was

S. 7295 19 A. 9583 1 liable in accordance with section eleven hundred eleven-c of this chap- 2 ter for a violation of a bus lane restriction as defined in such 3 section; or (iv) the registrant was liable in accordance with section 4 eleven hundred eleven-d of this chapter for a violation of subdivision 5 (d) of section eleven hundred eleven of this chapter or [(iv)] (v) the 6 registrant was liable in accordance with section eleven hundred eighty-b 7 of this chapter for a violation of subdivision (b), (c), (d), (f) or (g) 8 of section eleven hundred eighty of this chapter, the commissioner or 9 his or her agent shall deny the registration or renewal application 10 until the applicant provides proof from the court or administrative 11 tribunal wherein the charges are pending that an appearance or answer 12 has been made or in the case of an administrative tribunal that he or 13 she has complied with the rules and regulations of said tribunal follow- 14 ing entry of a final decision. Where an application is denied pursuant 15 to this section, the commissioner may, in his or her discretion, deny a 16 registration or renewal application to any other person for the same 17 vehicle and may deny a registration or renewal application for any other 18 motor vehicle registered in the name of the applicant where the commis- 19 sioner has determined that such registrant's intent has been to evade 20 the purposes of this subdivision and where the commissioner has reason- 21 able grounds to believe that such registration or renewal will have the 22 effect of defeating the purposes of this subdivision. Such denial shall 23 only remain in effect as long as the summonses remain unanswered, or in 24 the case of an administrative tribunal, the registrant fails to comply 25 with the rules and regulations following entry of a final decision. 26 § 8-b. Paragraph a of subdivision 5-a of section 401 of the vehicle 27 and traffic law, as amended by section 9-b of chapter 189 of the laws of 28 2013, is amended to read as follows: 29 a. If at the time of application for a registration or renewal thereof 30 there is a certification from a court or administrative tribunal of 31 appropriate jurisdiction that the registrant or his or her represen- 32 tative failed to appear on the return date or any subsequent adjourned 33 date or failed to comply with the rules and regulations of an adminis- 34 trative tribunal following entry of a final decision in response to 35 three or more summonses or other process, issued within an eighteen 36 month period, charging that: (i) such motor vehicle was parked, stopped 37 or standing, or that such motor vehicle was operated for hire by the 38 registrant or his or her agent without being licensed as a motor vehicle 39 for hire by the appropriate local authority, in violation of any of the 40 provisions of this chapter or of any law, ordinance, rule or regulation 41 made by a local authority; or (ii) the registrant was liable in accord- 42 ance with section eleven hundred eleven-c of this chapter for a 43 violation of a bus lane restriction as defined in such section[,]; or 44 (iii) the registrant was liable in accordance with section eleven 45 hundred eleven-d of this chapter for a violation of subdivision (d) of 46 section eleven hundred eleven of this chapter; or (iv) the registrant 47 was liable in accordance with section eleven hundred eighty-b of this 48 chapter for a violation of subdivision (b), (c), (d), (f) or (g) of 49 section eleven hundred eighty of this chapter, the commissioner or his 50 or her agent shall deny the registration or renewal application until 51 the applicant provides proof from the court or administrative tribunal 52 wherein the charges are pending that an appearance or answer has been 53 made or in the case of an administrative tribunal that he or she has 54 complied with the rules and regulations of said tribunal following entry 55 of a final decision. Where an application is denied pursuant to this 56 section, the commissioner may, in his or her discretion, deny a regis-

S. 7295 20 A. 9583 1 tration or renewal application to any other person for the same vehicle 2 and may deny a registration or renewal application for any other motor 3 vehicle registered in the name of the applicant where the commissioner 4 has determined that such registrant's intent has been to evade the 5 purposes of this subdivision and where the commissioner has reasonable 6 grounds to believe that such registration or renewal will have the 7 effect of defeating the purposes of this subdivision. Such denial shall 8 only remain in effect as long as the summonses remain unanswered, or in 9 the case of an administrative tribunal, the registrant fails to comply 10 with the rules and regulations following entry of a final decision. 11 § 8-c. Paragraph a of subdivision 5-a of section 401 of the vehicle 12 and traffic law, as amended by section 9-c of chapter 189 of the laws of 13 2013, is amended to read as follows: 14 a. If at the time of application for a registration or renewal thereof 15 there is a certification from a court or administrative tribunal of 16 appropriate jurisdiction that the registrant or his representative 17 failed to appear on the return date or any subsequent adjourned date or 18 failed to comply with the rules and regulations of an administrative 19 tribunal following entry of a final decision in response to three or 20 more summonses or other process, issued within an eighteen month period, 21 charging that: (i) such motor vehicle was parked, stopped or standing, 22 or that such motor vehicle was operated for hire by the registrant or 23 his agent without being licensed as a motor vehicle for hire by the 24 appropriate local authority, in violation of any of the provisions of 25 this chapter or of any law, ordinance, rule or regulation made by a 26 local authority[,]; or (ii) the registrant was liable in accordance with 27 section eleven hundred eleven-d of this chapter for a violation of 28 subdivision (d) of section eleven hundred eleven of this chapter; or 29 (iii) the registrant was liable in accordance with section eleven 30 hundred eighty-b of this chapter for violations of subdivision (b), (c), 31 (d), (f) or (g) of section eleven hundred eighty of this chapter, the 32 commissioner or his agent shall deny the registration or renewal appli- 33 cation until the applicant provides proof from the court or administra- 34 tive tribunal wherein the charges are pending that an appearance or 35 answer has been made or in the case of an administrative tribunal that 36 he has complied with the rules and regulations of said tribunal follow- 37 ing entry of a final decision. Where an application is denied pursuant 38 to this section, the commissioner may, in his discretion, deny a regis- 39 tration or renewal application to any other person for the same vehicle 40 and may deny a registration or renewal application for any other motor 41 vehicle registered in the name of the applicant where the commissioner 42 has determined that such registrant's intent has been to evade the 43 purposes of this subdivision and where the commissioner has reasonable 44 grounds to believe that such registration or renewal will have the 45 effect of defeating the purposes of this subdivision. Such denial shall 46 only remain in effect as long as the summonses remain unanswered, or in 47 the case of an administrative tribunal, the registrant fails to comply 48 with the rules and regulations following entry of a final decision. 49 § 8-d. Paragraph a of subdivision 5-a of section 401 of the vehicle 50 and traffic law, as separately amended by chapters 339 and 592 of the 51 laws of 1987, is amended to read as follows: 52 a. If at the time of application for a registration or renewal thereof 53 there is a certification from a court or administrative tribunal of 54 appropriate jurisdiction that the registrant or his representative 55 failed to appear on the return date or any subsequent adjourned date or 56 failed to comply with the rules and regulations of an administrative

S. 7295 21 A. 9583 1 tribunal following entry of a final decision in response to three or 2 more summonses or other process, issued within an eighteen month period, 3 charging that such motor vehicle was parked, stopped or standing, or 4 that such motor vehicle was operated for hire by the registrant or his 5 agent without being licensed as a motor vehicle for hire by the appro- 6 priate local authority, in violation of any of the provisions of this 7 chapter or of any law, ordinance, rule or regulation made by a local 8 authority, or the registrant was liable in accordance with section elev- 9 en hundred eleven-d of this chapter for a violation of subdivision (d) 10 of section eleven hundred eleven of this chapter, the commissioner or 11 his agent shall deny the registration or renewal application until the 12 applicant provides proof from the court or administrative tribunal wher- 13 ein the charges are pending that an appearance or answer has been made 14 or in the case of an administrative tribunal that he has complied with 15 the rules and regulations of said tribunal following entry of a final 16 decision. Where an application is denied pursuant to this section, the 17 commissioner may, in his discretion, deny a registration or renewal 18 application to any other person for the same vehicle and may deny a 19 registration or renewal application for any other motor vehicle regis- 20 tered in the name of the applicant where the commissioner has determined 21 that such registrant's intent has been to evade the purposes of this 22 subdivision and where the commissioner has reasonable grounds to believe 23 that such registration or renewal will have the effect of defeating the 24 purposes of this subdivision. Such denial shall only remain in effect as 25 long as the summonses remain unanswered, or in the case of an adminis- 26 trative tribunal, the registrant fails to comply with the rules and 27 regulations following entry of a final decision. 28 § 9. The vehicle and traffic law is amended by adding a new section 29 1111-d to read as follows: 30 § 1111-d. Owner liability for failure of operator to comply with 31 traffic-control indications. (a) 1. Notwithstanding any other provision 32 of law, the city of Albany is hereby authorized and empowered to adopt 33 and amend a local law or ordinance establishing a demonstration program 34 imposing monetary liability on the owner of a vehicle for failure of an 35 operator thereof to comply with traffic-control indications in such city 36 in accordance with the provisions of this section. Such demonstration 37 program shall empower such city to install and operate traffic-control 38 signal photo violation-monitoring devices at no more than twenty inter- 39 sections within such city at any one time. 40 2. Such demonstration program shall utilize necessary technologies to 41 ensure, to the extent practicable, that photographs produced by such 42 traffic-control signal photo violation-monitoring systems shall not 43 include images that identify the driver, the passengers, or the contents 44 of the vehicle. Provided, however, that no notice of liability issued 45 pursuant to this section shall be dismissed solely because a photograph 46 or photographs allow for the identification of the contents of a vehi- 47 cle, provided that such city has made a reasonable effort to comply with 48 the provisions of this paragraph. 49 (b) In any such city which has adopted a local law or ordinance pursu- 50 ant to subdivision (a) of this section, the owner of a vehicle shall be 51 liable for a penalty imposed pursuant to this section if such vehicle 52 was used or operated with the permission of the owner, express or 53 implied, in violation of subdivision (d) of section eleven hundred elev- 54 en of this article, and such violation is evidenced by information 55 obtained from a traffic-control signal photo violation-monitoring 56 system; provided however that no owner of a vehicle shall be liable for

S. 7295 22 A. 9583 1 a penalty imposed pursuant to this section where the operator of such 2 vehicle has been convicted of the underlying violation of subdivision 3 (d) of section eleven hundred eleven of this article. 4 (c) For purposes of this section, "owner" shall have the meaning 5 provided in article two-B of this chapter. For purposes of this section, 6 "traffic-control signal photo violation-monitoring system" shall mean a 7 vehicle sensor installed to work in conjunction with a traffic-control 8 signal which automatically produces two or more photographs, two or more 9 microphotographs, a videotape or other recorded images of each vehicle 10 at the time it is used or operated in violation of subdivision (d) of 11 section eleven hundred eleven of this article. 12 (d) A certificate, sworn to or affirmed by a technician employed by 13 the city of Albany in which the charged violation occurred, or a facsim- 14 ile thereof, based upon inspection of photographs, microphotographs, 15 videotape or other recorded images produced by a traffic-control signal 16 photo violation-monitoring system, shall be prima facie evidence of the 17 facts contained therein. Any photographs, microphotographs, videotape or 18 other recorded images evidencing such a violation shall be available for 19 inspection in any proceeding to adjudicate the liability for such 20 violation pursuant to a local law or ordinance adopted pursuant to this 21 section. 22 (e) An owner liable for a violation of subdivision (d) of section 23 eleven hundred eleven of this article pursuant to a local law or ordi- 24 nance adopted pursuant to this section shall be liable for monetary 25 penalties in accordance with a schedule of fines and penalties to be set 26 forth in such local law or ordinance, except that if such city by local 27 law has authorized the adjudication of such owner liability by a parking 28 violations bureau, such schedule shall be promulgated by such bureau. 29 The liability of the owner pursuant to this section shall not exceed 30 fifty dollars for each violation; provided, however, that such local law 31 or ordinance may provide for an additional penalty not in excess of 32 twenty-five dollars for each violation for the failure to respond to a 33 notice of liability within the prescribed time period. 34 (f) An imposition of liability under a local law or ordinance adopted 35 pursuant to this section shall not be deemed a conviction as an operator 36 and shall not be made part of the operating record of the person upon 37 whom such liability is imposed nor shall it be used for insurance 38 purposes in the provision of motor vehicle insurance coverage. 39 (g) 1. A notice of liability shall be sent by first class mail to each 40 person alleged to be liable as an owner for a violation of subdivision 41 (d) of section eleven hundred eleven of this article pursuant to this 42 section. Personal delivery on the owner shall not be required. A manual 43 or automatic record of mailing prepared in the ordinary course of busi- 44 ness shall be prima facie evidence of the facts contained therein. 45 2. A notice of liability shall contain the name and address of the 46 person alleged to be liable as an owner for a violation of subdivision 47 (d) of section eleven hundred eleven of this article pursuant to this 48 section, the registration number of the vehicle involved in such 49 violation, the location where such violation took place, the date and 50 time of such violation and the identification number of the camera which 51 recorded the violation or other document locator number. 52 3. The notice of liability shall contain information advising the 53 person charged of the manner and the time in which he or she may contest 54 the liability alleged in the notice. Such notice of liability shall also 55 contain a warning to advise the persons charged that failure to contest

S. 7295 23 A. 9583 1 in the manner and time provided shall be deemed an admission of liabil- 2 ity and that a default judgment may be entered thereon. 3 4. The notice of liability shall be prepared and mailed by the city of 4 Albany, or by any other entity authorized by such city to prepare and 5 mail such notification of violation. 6 (h) Adjudication of the liability imposed upon owners by this section 7 shall be by a traffic violations bureau established pursuant to section 8 three hundred seventy of the general municipal law or, if there be none, 9 by the court having jurisdiction over traffic infractions, except that 10 if such city has established an administrative tribunal to hear and 11 determine complaints of traffic infractions constituting parking, stand- 12 ing or stopping violations such city may, by local law, authorize such 13 adjudication by such tribunal. 14 (i) If an owner receives a notice of liability pursuant to this 15 section for any time period during which the vehicle was reported to the 16 police department as having been stolen, it shall be a valid defense to 17 an allegation of liability for a violation of subdivision (d) of section 18 eleven hundred eleven of this article pursuant to this section that the 19 vehicle had been reported to the police as stolen prior to the time the 20 violation occurred and had not been recovered by such time. For purposes 21 of asserting the defense provided by this subdivision it shall be suffi- 22 cient that a certified copy of the police report on the stolen vehicle 23 be sent by first class mail to the traffic violations bureau, court 24 having jurisdiction or parking violations bureau. 25 (j) 1. In such city where the adjudication of liability imposed upon 26 owners pursuant to this section is by a traffic violations bureau or a 27 court having jurisdiction, an owner who is a lessor of a vehicle to 28 which a notice of liability was issued pursuant to subdivision (g) of 29 this section shall not be liable for the violation of subdivision (d) of 30 section eleven hundred eleven of this article, provided that he or she 31 sends to the traffic violations bureau or court having jurisdiction a 32 copy of the rental, lease or other such contract document covering such 33 vehicle on the date of the violation, with the name and address of the 34 lessee clearly legible, within thirty-seven days after receiving notice 35 from the bureau or court of the date and time of such violation, togeth- 36 er with the other information contained in the original notice of 37 liability. Failure to send such information within such thirty-seven day 38 time period shall render the owner liable for the penalty prescribed by 39 this section. Where the lessor complies with the provisions of this 40 paragraph, the lessee of such vehicle on the date of such violation 41 shall be deemed to be the owner of such vehicle for purposes of this 42 section, shall be subject to liability for the violation of subdivision 43 (d) of section eleven hundred eleven of this article pursuant to this 44 section and shall be sent a notice of liability pursuant to subdivision 45 (g) of this section. 46 2. (I) In such city which, by local law, has authorized the adjudi- 47 cation of liability imposed upon owners by this section by a parking 48 violations bureau, an owner who is a lessor of a vehicle to which a 49 notice of liability was issued pursuant to subdivision (g) of this 50 section shall not be liable for the violation of subdivision (d) of 51 section eleven hundred eleven of this article, provided that: 52 (A) prior to the violation, the lessor has filed with the bureau in 53 accordance with the provisions of section two hundred thirty-nine of 54 this chapter; and 55 (B) within thirty-seven days after receiving notice from the bureau of 56 the date and time of a liability, together with the other information

S. 7295 24 A. 9583 1 contained in the original notice of liability, the lessor submits to the 2 bureau the correct name and address of the lessee of the vehicle identi- 3 fied in the notice of liability at the time of such violation, together 4 with such other additional information contained in the rental, lease or 5 other contract document, as may be reasonably required by the bureau 6 pursuant to regulations that may be promulgated for such purpose. 7 (II) Failure to comply with clause (B) of subparagraph (I) of this 8 paragraph shall render the owner liable for the penalty prescribed in 9 this section. 10 (III) Where the lessor complies with the provisions of this paragraph, 11 the lessee of such vehicle on the date of such violation shall be deemed 12 to be the owner of such vehicle for purposes of this section, shall be 13 subject to liability for such violation pursuant to this section and 14 shall be sent a notice of liability pursuant to subdivision (g) of this 15 section. 16 (k) 1. If the owner liable for a violation of subdivision (d) of 17 section eleven hundred eleven of this article pursuant to this section 18 was not the operator of the vehicle at the time of the violation, the 19 owner may maintain an action for indemnification against the operator. 20 2. Notwithstanding any other provision of this section, no owner of a 21 vehicle shall be subject to a monetary fine imposed pursuant to this 22 section if the operator of such vehicle was operating such vehicle with- 23 out the consent of the owner at the time such operator failed to obey a 24 traffic-control indication. For purposes of this subdivision there shall 25 be a presumption that the operator of such vehicle was operating such 26 vehicle with the consent of the owner at the time such operator failed 27 to obey a traffic-control indication. 28 (l) Nothing in this section shall be construed to limit the liability 29 of an operator of a vehicle for any violation of subdivision (d) of 30 section eleven hundred eleven of this article. 31 (m) In any such city which adopts a demonstration program pursuant to 32 subdivision (a) of this section, such city shall submit an annual report 33 on the results of the use of a traffic-control signal photo violation- 34 monitoring system to the governor, the temporary president of the senate 35 and the speaker of the assembly on or before June first, two thousand 36 fifteen and on the same date in each succeeding year in which the demon- 37 stration program is operable. Such report shall include, but not be 38 limited to: 39 1. a description of the locations where traffic-control signal photo 40 violation-monitoring systems were used; 41 2. the aggregate number, type and severity of accidents reported at 42 intersections where a traffic-control signal photo violation-monitoring 43 system is used for the year preceding the installation of such system, 44 to the extent the information is maintained by the department of motor 45 vehicles of this state; 46 3. the aggregate number, type and severity of accidents reported at 47 intersections where a traffic-control signal photo violation-monitoring 48 system is used, to the extent the information is maintained by the 49 department of motor vehicles of this state; 50 4. the number of violations recorded at each intersection where a 51 traffic-control signal photo violation-monitoring system is used and in 52 the aggregate on a daily, weekly and monthly basis; 53 5. the total number of notices of liability issued for violations 54 recorded by such systems; 55 6. the number of fines and total amount of fines paid after first 56 notice of liability issued for violations recorded by such systems;

S. 7295 25 A. 9583 1 7. the number of violations adjudicated and results of such adjudi- 2 cations including breakdowns of dispositions made for violations 3 recorded by such systems; 4 8. the total amount of revenue realized by such city from such adjudi- 5 cations; 6 9. expenses incurred by such city in connection with the program; and 7 10. quality of the adjudication process and its results. 8 (n) It shall be a defense to any prosecution for a violation of subdi- 9 vision (d) of section eleven hundred eleven of this article pursuant to 10 a local law or ordinance adopted pursuant to this section that such 11 traffic-control indications were malfunctioning at the time of the 12 alleged violation. 13 § 10. The opening paragraph and paragraph (c) of subdivision 1 of 14 section 1809 of the vehicle and traffic law, as amended by section 11 of 15 chapter 189 of the laws of 2013, are amended to read as follows: 16 Whenever proceedings in an administrative tribunal or a court of this 17 state result in a conviction for an offense under this chapter or a 18 traffic infraction under this chapter, or a local law, ordinance, rule 19 or regulation adopted pursuant to this chapter, other than a traffic 20 infraction involving standing, stopping, or parking or violations by 21 pedestrians or bicyclists, or other than an adjudication of liability of 22 an owner for a violation of subdivision (d) of section eleven hundred 23 eleven of this chapter in accordance with section eleven hundred 24 eleven-a of this chapter, or other than an adjudication of liability of 25 an owner for a violation of subdivision (d) of section eleven hundred 26 eleven of this chapter in accordance with section eleven hundred 27 eleven-b of this chapter, or other than an adjudication in accordance 28 with section eleven hundred eleven-c of this chapter for a violation of 29 a bus lane restriction as defined in such section, or other than an 30 adjudication of liability of an owner for a violation of subdivision (d) 31 of section eleven hundred eleven of this chapter in accordance with 32 section eleven hundred eleven-d of this chapter, or other than an adju- 33 dication of liability of an owner for a violation of subdivision (b), 34 (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in 35 accordance with section eleven hundred eighty-b of this chapter, there 36 shall be levied a crime victim assistance fee and a mandatory surcharge, 37 in addition to any sentence required or permitted by law, in accordance 38 with the following schedule: 39 (c) Whenever proceedings in an administrative tribunal or a court of 40 this state result in a conviction for an offense under this chapter 41 other than a crime pursuant to section eleven hundred ninety-two of this 42 chapter, or a traffic infraction under this chapter, or a local law, 43 ordinance, rule or regulation adopted pursuant to this chapter, other 44 than a traffic infraction involving standing, stopping, or parking or 45 violations by pedestrians or bicyclists, or other than an adjudication 46 of liability of an owner for a violation of subdivision (d) of section 47 eleven hundred eleven of this chapter in accordance with section eleven 48 hundred eleven-a of this chapter, or other than an adjudication of 49 liability of an owner for a violation of subdivision (d) of section 50 eleven hundred eleven of this chapter in accordance with section eleven 51 hundred eleven-b of this chapter, or other than an adjudication of 52 liability of an owner for a violation of subdivision (d) of section 53 eleven hundred eleven of this chapter in accordance with section eleven 54 hundred eleven-d of this chapter, or other than an infraction pursuant 55 to article nine of this chapter or other than an adjudication of liabil- 56 ity of an owner for a violation of toll collection regulations pursuant

S. 7295 26 A. 9583 1 to section two thousand nine hundred eighty-five of the public authori- 2 ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven 3 hundred seventy-four of the laws of nineteen hundred fifty or other than 4 an adjudication in accordance with section eleven hundred eleven-c of 5 this chapter for a violation of a bus lane restriction as defined in 6 such section, or other than an adjudication of liability of an owner for 7 a violation of subdivision (b), (c), (d), (f) or (g) of section eleven 8 hundred eighty of this chapter in accordance with section eleven hundred 9 eighty-b of this chapter, there shall be levied a crime victim assist- 10 ance fee in the amount of five dollars and a mandatory surcharge, in 11 addition to any sentence required or permitted by law, in the amount of 12 fifty-five dollars. 13 § 10-a. Subdivision 1 of section 1809 of the vehicle and traffic law, 14 as amended by section 11-a of chapter 189 of the laws of 2013, is 15 amended to read as follows: 16 1. Whenever proceedings in an administrative tribunal or a court of 17 this state result in a conviction for a crime under this chapter or a 18 traffic infraction under this chapter, or a local law, ordinance, rule 19 or regulation adopted pursuant to this chapter, other than a traffic 20 infraction involving standing, stopping, parking or motor vehicle equip- 21 ment or violations by pedestrians or bicyclists, or other than an adju- 22 dication of liability of an owner for a violation of subdivision (d) of 23 section eleven hundred eleven of this chapter in accordance with section 24 eleven hundred eleven-a of this chapter, or other than an adjudication 25 of liability of an owner for a violation of subdivision (d) of section 26 eleven hundred eleven of this chapter in accordance with section eleven 27 hundred eleven-b of this chapter, or other than an adjudication in 28 accordance with section eleven hundred eleven-c of this chapter for a 29 violation of a bus lane restriction as defined in such section, or 30 other than an adjudication of liability of an owner for a violation of 31 subdivision (d) of section eleven hundred eleven of this chapter in 32 accordance with section eleven hundred eleven-d of this chapter, or 33 other than an adjudication of liability of an owner for a violation of 34 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty 35 of this chapter in accordance with section eleven hundred eighty-b of 36 this chapter, there shall be levied a mandatory surcharge, in addition 37 to any sentence required or permitted by law, in the amount of twenty- 38 five dollars. 39 § 10-b. Subdivision 1 of section 1809 of the vehicle and traffic law, 40 as amended by section 11-b of chapter 189 of the laws of 2013, is 41 amended to read as follows: 42 1. Whenever proceedings in an administrative tribunal or a court of 43 this state result in a conviction for a crime under this chapter or a 44 traffic infraction under this chapter other than a traffic infraction 45 involving standing, stopping, parking or motor vehicle equipment or 46 violations by pedestrians or bicyclists, or other than an adjudication 47 in accordance with section eleven hundred eleven-c of this chapter for a 48 violation of a bus lane restriction as defined in such section, or other 49 than an adjudication of liability of an owner for a violation of subdi- 50 vision (d) of section eleven hundred eleven of this chapter in accord- 51 ance with section eleven hundred eleven-d of this chapter, or other than 52 an adjudication of liability of an owner for a violation of subdivision 53 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- 54 ter in accordance with section eleven hundred eighty-b of this chapter, 55 there shall be levied a mandatory surcharge, in addition to any sentence 56 required or permitted by law, in the amount of seventeen dollars.

S. 7295 27 A. 9583 1 § 10-c. Subdivision 1 of section 1809 of the vehicle and traffic law, 2 as amended by section 11-c of chapter 189 of the laws of 2013, is 3 amended to read as follows: 4 1. Whenever proceedings in an administrative tribunal or a court of 5 this state result in a conviction for a crime under this chapter or a 6 traffic infraction under this chapter other than a traffic infraction 7 involving standing, stopping, parking or motor vehicle equipment or 8 violations by pedestrians or bicyclists, or other than an adjudication 9 of liability of an owner for a violation of subdivision (b), (c), (d), 10 (f) or (g) of section eleven hundred eighty of this chapter in accord- 11 ance with section eleven hundred eighty-b of this chapter, or other than 12 an adjudication of liability of an owner for a violation of subdivision 13 (d) of section eleven hundred eleven of this chapter in accordance with 14 section eleven hundred eleven-d of this chapter, there shall be levied a 15 mandatory surcharge, in addition to any sentence required or permitted 16 by law, in the amount of seventeen dollars. 17 § 10-d. Subdivision 1 of section 1809 of the vehicle and traffic law, 18 as separately amended by chapter 16 of the laws of 1983 and chapter 62 19 of the laws of 1989, is amended to read as follows: 20 1. Whenever proceedings in an administrative tribunal or a court of 21 this state result in a conviction for a crime under this chapter or a 22 traffic infraction under this chapter other than a traffic infraction 23 involving standing, stopping, parking or motor vehicle equipment or 24 violations by pedestrians or bicyclists, or other than an adjudication 25 of liability of an owner for a violation of subdivision (d) of section 26 eleven hundred eleven of this chapter in accordance with section eleven 27 hundred eleven-d of this chapter, there shall be levied a mandatory 28 surcharge, in addition to any sentence required or permitted by law, in 29 the amount of seventeen dollars. 30 § 11. Paragraph a of subdivision 1 of section 1809-e of the vehicle 31 and traffic law, as amended by section 12-a of chapter 189 of the laws 32 of 2013, is amended to read as follows: 33 a. Notwithstanding any other provision of law, whenever proceedings in 34 a court or an administrative tribunal of this state result in a 35 conviction for an offense under this chapter, except a conviction pursu- 36 ant to section eleven hundred ninety-two of this chapter, or for a traf- 37 fic infraction under this chapter, or a local law, ordinance, rule or 38 regulation adopted pursuant to this chapter, except a traffic infraction 39 involving standing, stopping, or parking or violations by pedestrians or 40 bicyclists, and except an adjudication of liability of an owner for a 41 violation of subdivision (d) of section eleven hundred eleven of this 42 chapter in accordance with section eleven hundred eleven-a of this chap- 43 ter or in accordance with section eleven hundred eleven-d of this chap- 44 ter, and except an adjudication of liability of an owner for a violation 45 of subdivision (d) of section eleven hundred eleven of this chapter in 46 accordance with section eleven hundred eleven-b of this chapter, and 47 except an adjudication in accordance with section eleven hundred 48 eleven-c of this chapter of a violation of a bus lane restriction as 49 defined in such section, and [expect] except an adjudication of liabil- 50 ity of an owner for a violation of subdivision (b), (c), (d), (f) or (g) 51 of section eleven hundred eighty of this chapter in accordance with 52 section eleven hundred eighty-b of this chapter, and except an adjudi- 53 cation of liability of an owner for a violation of toll collection regu- 54 lations pursuant to section two thousand nine hundred eighty-five of the 55 public authorities law or sections sixteen-a, sixteen-b and sixteen-c of 56 chapter seven hundred seventy-four of the laws of nineteen hundred

S. 7295 28 A. 9583 1 fifty, there shall be levied in addition to any sentence, penalty or 2 other surcharge required or permitted by law, an additional surcharge of 3 twenty-eight dollars. 4 § 11-a. Paragraph a of subdivision 1 of section 1809-e of the vehicle 5 and traffic law, as amended by section 12-b of chapter 189 of the laws 6 of 2013, is amended to read as follows: 7 a. Notwithstanding any other provision of law, whenever proceedings in 8 a court or an administrative tribunal of this state result in a 9 conviction for an offense under this chapter, except a conviction pursu- 10 ant to section eleven hundred ninety-two of this chapter, or for a traf- 11 fic infraction under this chapter, or a local law, ordinance, rule or 12 regulation adopted pursuant to this chapter, except a traffic infraction 13 involving standing, stopping, or parking or violations by pedestrians or 14 bicyclists, and except an adjudication of liability of an owner for a 15 violation of subdivision (d) of section eleven hundred eleven of this 16 chapter in accordance with section eleven hundred eleven-a of this chap- 17 ter or in accordance with section eleven hundred eleven-d of this chap- 18 ter, and except an adjudication in accordance with section eleven 19 hundred eleven-c of this chapter of a violation of a bus lane 20 restriction as defined in such section, and except an adjudication of 21 liability of an owner for a violation of subdivision (b), (c), (d), (f) 22 or (g) of section eleven hundred eighty of this chapter in accordance 23 with section eleven hundred eighty-b of this chapter, and except an 24 adjudication of liability of an owner for a violation of toll collection 25 regulations pursuant to section two thousand nine hundred eighty-five of 26 the public authorities law or sections sixteen-a, sixteen-b and 27 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen 28 hundred fifty, there shall be levied in addition to any sentence, penal- 29 ty or other surcharge required or permitted by law, an additional 30 surcharge of twenty-eight dollars. 31 § 11-b. Paragraph a of subdivision 1 of section 1809-e of the vehicle 32 and traffic law, as amended by section 12-c of chapter 189 of the laws 33 of 2013, is amended to read as follows: 34 a. Notwithstanding any other provision of law, whenever proceedings in 35 a court or an administrative tribunal of this state result in a 36 conviction for an offense under this chapter, except a conviction pursu- 37 ant to section eleven hundred ninety-two of this chapter, or for a traf- 38 fic infraction under this chapter, or a local law, ordinance, rule or 39 regulation adopted pursuant to this chapter, except a traffic infraction 40 involving standing, stopping, or parking or violations by pedestrians or 41 bicyclists, and except an adjudication of liability of an owner for a 42 violation of subdivision (d) of section eleven hundred eleven of this 43 chapter in accordance with section eleven hundred eleven-a of this chap- 44 ter or in accordance with section eleven hundred eleven-d of this chap- 45 ter, and except an adjudication of liability of an owner for a violation 46 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred 47 eighty of this chapter in accordance with section eleven hundred eight- 48 y-b of this chapter, and except an adjudication of liability of an owner 49 for a violation of toll collection regulations pursuant to section two 50 thousand nine hundred eighty-five of the public authorities law or 51 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred 52 seventy-four of the laws of nineteen hundred fifty, there shall be 53 levied in addition to any sentence, penalty or other surcharge required 54 or permitted by law, an additional surcharge of twenty-eight dollars.

S. 7295 29 A. 9583 1 § 11-c. Paragraph a of subdivision 1 of section 1809-e of the vehicle 2 and traffic law, as amended by section 5 of part C of chapter 55 of the 3 laws of 2013, is amended to read as follows: 4 a. Notwithstanding any other provision of law, whenever proceedings in 5 a court or an administrative tribunal of this state result in a 6 conviction for an offense under this chapter, except a conviction pursu- 7 ant to section eleven hundred ninety-two of this chapter, or for a traf- 8 fic infraction under this chapter, or a local law, ordinance, rule or 9 regulation adopted pursuant to this chapter, except a traffic infraction 10 involving standing, stopping, or parking or violations by pedestrians or 11 bicyclists, and except an adjudication of liability of an owner for a 12 violation of subdivision (d) of section eleven hundred eleven of this 13 chapter in accordance with section eleven hundred eleven-a of this chap- 14 ter or in accordance with section eleven hundred eleven-d of this chap- 15 ter, and except an adjudication of liability of an owner for a violation 16 of toll collection regulations pursuant to section two thousand nine 17 hundred eighty-five of the public authorities law or sections sixteen-a, 18 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the 19 laws of nineteen hundred fifty, there shall be levied in addition to any 20 sentence, penalty or other surcharge required or permitted by law, an 21 additional surcharge of twenty-eight dollars. 22 § 12. Subdivision 1 of section 371 of the general municipal law, as 23 separately amended by sections 20 of chapters 20 and 383 of the laws of 24 2009, is amended to read as follows: 25 1. A traffic violations bureau so established may be authorized to 26 dispose of violations of traffic laws, ordinances, rules and regulations 27 when such offenses shall not constitute the traffic infraction known as 28 speeding or a misdemeanor or felony, and, if authorized by local law or 29 ordinance, to adjudicate the liability of owners for violations of 30 subdivision (d) of section eleven hundred eleven of the vehicle and 31 traffic law in accordance with section eleven hundred eleven-a of such 32 law or section eleven hundred eleven-b of such law [as added by section 33 sixteen of the chapter of the laws of two thousand nine] as added by 34 sections sixteen of chapters twenty, twenty-one, and twenty-two of the 35 laws of two thousand nine which amended this [section] subdivision, or 36 section eleven hundred eleven-d of such law. 37 § 12-a. Section 371 of the general municipal law, as separately 38 amended by sections 21 of chapters 20 and 383 of the laws of 2009, is 39 amended to read as follows: 40 § 371. Jurisdiction and procedure. A traffic violations bureau so 41 established may be authorized to dispose of violations of traffic laws, 42 ordinances, rules and regulations when such offenses shall not consti- 43 tute the traffic infraction known as speeding or a misdemeanor or felo- 44 ny, and, if authorized by local law or ordinance, to adjudicate the 45 liability of owners for violations of subdivision (d) of section eleven 46 hundred eleven of the vehicle and traffic law in accordance with section 47 eleven hundred eleven-b of such law as added by [section] sections 48 sixteen of [the chapter] chapters twenty, twenty-one, and twenty-two of 49 the laws of two thousand nine which amended this section or section 50 eleven hundred eleven-d of such law, by permitting a person charged with 51 an offense within the limitations herein stated, to answer, within a 52 specified time, at the traffic violations bureau, either in person or by 53 written power of attorney in such form as may be prescribed in the ordi- 54 nance creating the bureau, by paying a prescribed fine and, in writing, 55 waiving a hearing in court, pleading guilty to the charge or admitting 56 liability as an owner for the violation of subdivision (d) of section

S. 7295 30 A. 9583 1 eleven hundred eleven of the vehicle and traffic law, as the case may 2 be, and authorizing the person in charge of the bureau to make such a 3 plea or admission and pay such a fine in court. Acceptance of the 4 prescribed fine and power of attorney by the bureau shall be deemed 5 complete satisfaction for the violation or of the liability, and the 6 violator or owner liable for a violation of subdivision (d) of section 7 eleven hundred eleven of the vehicle and traffic law shall be given a 8 receipt which so states. If a person charged with a traffic violation 9 does not answer as hereinbefore prescribed, within a designated time, 10 the bureau shall cause a complaint to be entered against him or her 11 forthwith and a warrant to be issued for his or her arrest and appear- 12 ance before the court. Any person who shall have been, within the 13 preceding twelve months, guilty of a number of parking violations in 14 excess of such maximum number as may be designated by the court, or of 15 three or more violations other than parking violations, shall not be 16 permitted to appear and answer to a subsequent violation at the traffic 17 violations bureau, but must appear in court at a time specified by the 18 bureau. Such traffic violations bureau shall not be authorized to 19 deprive a person of his or her right to counsel or to prevent him or her 20 from exercising his or her right to appear in court to answer to, 21 explain, or defend any charge of a violation of any traffic law, ordi- 22 nance, rule or regulation. 23 § 12-b. Section 371 of the general municipal law, as amended by chap- 24 ter 802 of the laws of 1949, is amended to read as follows: 25 § 371. Jurisdiction and procedure. A traffic violations bureau so 26 established may be authorized to dispose of violations of traffic laws, 27 ordinances, rules and regulations when such offenses shall not consti- 28 tute the traffic infraction known as speeding or a misdemeanor or felo- 29 ny, and, if authorized by local law or ordinance, to adjudicate the 30 liability of owners for violations of subdivision (d) of section eleven 31 hundred eleven of the vehicle and traffic law in accordance with section 32 eleven hundred eleven-d of the vehicle and traffic law, by permitting a 33 person charged with an offense within the limitations herein stated, to 34 answer, within a specified time, at the traffic violations bureau, 35 either in person or by written power of attorney in such form as may be 36 prescribed in the ordinance creating the bureau, by paying a prescribed 37 fine and, in writing, waiving a hearing in court, pleading guilty to the 38 charge or admitting liability as an owner for the violation of subdivi- 39 sion (d) of section eleven hundred eleven of the vehicle and traffic 40 law, as the case may be, and authorizing the person in charge of the 41 bureau to make such a plea or admission and pay such a fine in court. 42 Acceptance of the prescribed fine and power of attorney by the bureau 43 shall be deemed complete satisfaction for the violation or of the 44 liability, and the violator or owner liable for a violation of subdivi- 45 sion (d) of section eleven hundred eleven of the vehicle and traffic law 46 shall be given a receipt which so states. If a person charged with a 47 traffic violation does not answer as hereinbefore prescribed, within a 48 designated time, the bureau shall cause a complaint to be entered 49 against him or her forthwith and a warrant to be issued for his or her 50 arrest and appearance before the court. Any person who shall have been, 51 within the preceding twelve months, guilty of a number of parking 52 violations in excess of such maximum number as may be designated by the 53 court, or of three or more violations other than parking violations, 54 shall not be permitted to appear and answer to a subsequent violation at 55 the traffic violations bureau, but must appear in court at a time speci- 56 fied by the bureau. Such traffic violations bureau shall not be author-

S. 7295 31 A. 9583 1 ized to deprive a person of his or her right to counsel or to prevent 2 him or her from exercising his or her right to appear in court to answer 3 to, explain, or defend any charge of a violation of any traffic law, 4 ordinance, rule or regulation. 5 § 13. Subdivision 2 of section 87 of the public officers law is 6 amended by adding a new paragraph (n) to read as follows: 7 (n) are photographs, microphotographs, videotape or other recorded 8 images prepared under authority of section eleven hundred eleven-d of 9 the vehicle and traffic law. 10 § 14. The purchase or lease of equipment for a demonstration program 11 established pursuant to section 1111-d of the vehicle and traffic law 12 shall be subject to the provisions of section 103 of the general munici- 13 pal law. 14 § 15. This act shall take effect on the thirtieth day after it shall 15 have become a law and, with the exception of section thirteen of this 16 act, shall expire 5 years after such effective date when upon such date 17 the provisions of this act shall be deemed repealed; and provided 18 further that any rules necessary for the implementation of this act on 19 its effective date shall be promulgated on or before such effective 20 date, provided that: 21 (a) the amendments to subdivision 1 of section 235 of the vehicle and 22 traffic law made by section one of this act shall not affect the expira- 23 tion of such subdivision and shall be deemed to expire therewith, when 24 upon such date the provisions of section one-a of this act shall take 25 effect; 26 (b) the amendments to section 235 of the vehicle and traffic law made 27 by section one-a 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-b of this act shall take effect; 30 (c) the amendments to section 235 of the vehicle and traffic law made 31 by section one-b of this act shall not affect the expiration of such 32 section and shall be deemed to expire therewith, when upon such date the 33 provisions of section one-c of this act shall take effect; 34 (d) the amendments to section 235 of the vehicle and traffic law made 35 by section one-c of this act shall not affect the expiration of such 36 section and shall be deemed to expire therewith, when upon such date the 37 provisions of section one-d of this act shall take effect; 38 (e) the amendments to section 235 of the vehicle and traffic law made 39 by section one-d of this act shall not affect the expiration of such 40 section and shall be deemed to expire therewith, when upon such date the 41 provisions of section one-e of this act shall take effect; 42 (f) the amendments to subdivision 1 of section 236 of the vehicle and 43 traffic law made by section two of this act shall not affect the expira- 44 tion of such subdivision and shall be deemed to expire therewith, when 45 upon such date the provisions of section two-a of this act shall take 46 effect; 47 (g) the amendments to subdivision 1 of section 236 of the vehicle and 48 traffic law made by section two-a of this act shall not affect the expi- 49 ration of such subdivision and shall be deemed to expire therewith, when 50 upon such date the provisions of section two-b of this act shall take 51 effect; 52 (h) the amendments to subdivision 1 of section 236 of the vehicle and 53 traffic law made by section two-b of this act shall not affect the expi- 54 ration of such subdivision and shall be deemed to expire therewith, when 55 upon such date the provisions of section two-c of this act shall take 56 effect;

S. 7295 32 A. 9583 1 (i) the amendments to subdivision 1 of section 236 of the vehicle and 2 traffic law made by section two-c of this act shall not affect the expi- 3 ration of such subdivision and shall be deemed to expire therewith, when 4 upon such date the provisions of section two-d of this act shall take 5 effect; 6 (j) the amendments to paragraph f of subdivision 1 of section 239 of 7 the vehicle and traffic law made by section four of this act shall not 8 affect the expiration of such paragraph and shall be deemed to expire 9 therewith, when upon such date the provisions of section four-a of this 10 act shall take effect; 11 (k) the amendments to paragraph f of subdivision 1 of section 239 of 12 the vehicle and traffic law made by section four-a of this act shall not 13 affect the expiration of such paragraph and shall be deemed to expire 14 therewith, when upon such date the provisions of section four-b of this 15 act shall take effect; 16 (l) the amendments to paragraph f of subdivision 1 of section 239 of 17 the vehicle and traffic law made by section four-b of this act shall not 18 affect the expiration of such paragraph and shall be deemed to expire 19 therewith, when upon such date the provisions of section four-c of this 20 act shall take effect; 21 (m) the amendments to paragraph f of subdivision 1 of section 239 of 22 the vehicle and traffic law made by section four-c of this act shall not 23 affect the expiration of such paragraph and shall be deemed to expire 24 therewith, when upon such date the provisions of section four-d of this 25 act shall take effect; 26 (n) the amendments to subdivisions 1 and 1-a of section 240 of the 27 vehicle and traffic law made by section five of this act shall not 28 affect the expiration of such subdivisions and shall be deemed to expire 29 therewith, when upon such date the provisions of section five-a of this 30 act shall take effect; 31 (o) the amendments to subdivisions 1 and 1-a of section 240 of the 32 vehicle and traffic law made by section five-a of this act shall not 33 affect the expiration of such subdivisions and shall be deemed to expire 34 therewith, when upon such date the provisions of section five-b of this 35 act shall take effect; 36 (p) the amendments to subdivisions 1 and 1-a of section 240 of the 37 vehicle and traffic law made by section five-b of this act shall not 38 affect the expiration of such subdivisions and shall be deemed to expire 39 therewith, when upon such date the provisions of section five-c of this 40 act shall take effect; 41 (q) the amendments to subdivisions 1 and 1-a of section 240 of the 42 vehicle and traffic law made by section five-c of this act shall not 43 affect the expiration of such subdivisions and shall be deemed to expire 44 therewith, when upon such date the provisions of section five-d of this 45 act shall take effect; 46 (r) the amendments to paragraphs a and g of subdivision 2 of section 47 240 of the vehicle and traffic law made by section six of this act shall 48 not affect the expiration of such paragraphs and shall be deemed to 49 expire therewith, when upon such date the provisions of section six-a of 50 this act shall take effect; 51 (s) the amendments to paragraphs a and g of subdivision 2 of section 52 240 of the vehicle and traffic law made by section six-a of this act 53 shall not affect the expiration of such paragraphs and shall be deemed 54 to expire therewith, when upon such date the provisions of section six-b 55 of this act shall take effect;

S. 7295 33 A. 9583 1 (t) the amendments to paragraphs a and g of subdivision 2 of section 2 240 of the vehicle and traffic law made by section six-b of this act 3 shall not affect the expiration of such paragraphs and shall be deemed 4 to expire therewith, when upon such date the provisions of section six-c 5 of this act shall take effect; 6 (u) the amendments to paragraphs a and g of subdivision 2 of section 7 240 of the vehicle and traffic law made by section six-c of this act 8 shall not affect the expiration of such paragraphs and shall be deemed 9 to expire therewith, when upon such date the provisions of section six-d 10 of this act shall take effect; 11 (v) the amendments to subdivisions 1 and 2 of section 241 of the vehi- 12 cle and traffic law made by section seven of this act shall not affect 13 the expiration of such subdivisions and shall be deemed to expire there- 14 with, when upon such date the provisions of section seven-a of this act 15 shall take effect; 16 (w) the amendments to subdivisions 1 and 2 of section 241 of the vehi- 17 cle and traffic law made by section seven-a of this act shall not affect 18 the expiration of such subdivisions and shall be deemed to expire there- 19 with, when upon such date the provisions of section seven-b of this act 20 shall take effect; 21 (x) the amendments to subdivisions 1 and 2 of section 241 of the vehi- 22 cle and traffic law made by section seven-b of this act shall not affect 23 the expiration of such subdivisions and shall be deemed to expire there- 24 with, when upon such date the provisions of section seven-c of this act 25 shall take effect; 26 (y) the amendments to subdivisions 1 and 2 of section 241 of the vehi- 27 cle and traffic law made by section seven-c of this act shall not affect 28 the expiration of such subdivisions and shall be deemed to expire there- 29 with, when upon such date the provisions of section seven-d of this act 30 shall take effect; 31 (z) the amendments to subparagraph (i) of paragraph a of subdivision 32 5-a of section 401 of the vehicle and traffic law made by section eight 33 of this act shall not affect the expiration of such paragraph and shall 34 be deemed to expire therewith, when upon such date the provisions of 35 section eight-a of this act shall take effect; 36 (aa) the amendments to paragraph a of subdivision 5-a of section 401 37 of the vehicle and traffic law made by section eight-a of this act shall 38 not affect the expiration of such paragraph and shall be deemed to 39 expire therewith, when upon such date the provisions of section eight-b 40 of this act shall take effect; 41 (bb) the amendments to paragraph a of subdivision 5-a of section 401 42 of the vehicle and traffic law made by section eight-b of this act shall 43 not affect the expiration of such paragraph and shall be deemed to 44 expire therewith, when upon such date the provisions of section eight-c 45 of this act shall take effect; 46 (cc) the amendments to paragraph a of subdivision 5-a of section 401 47 of the vehicle and traffic law made by section eight-c of this act shall 48 not affect the expiration of such paragraph and shall be deemed to 49 expire therewith, when upon such date the provisions of section eight-d 50 of this act shall take effect; 51 (dd) the amendments to subdivision 1 of section 1809 of the vehicle 52 and traffic law made by section ten of this act shall not affect the 53 expiration of such subdivision and shall be deemed to expire therewith, 54 when upon such date the provisions of section ten-a of this act shall 55 take effect;

S. 7295 34 A. 9583 1 (ee) the amendments to subdivision 1 of section 1809 of the vehicle 2 and traffic law made by section ten-a of this act shall not affect the 3 expiration of such subdivision and shall be deemed to expire therewith, 4 when upon such date the provisions of section ten-b of this act shall 5 take effect; 6 (ff) the amendments to subdivision 1 of section 1809 of the vehicle 7 and traffic law made by section ten-b of this act shall not affect the 8 expiration of such subdivision and shall be deemed to expire therewith, 9 when upon such date the provisions of section ten-c of this act shall 10 take effect; 11 (gg) the amendments to subdivision 1 of section 1809 of the vehicle 12 and traffic law made by section ten-c of this act shall not affect the 13 expiration of such subdivision and shall be deemed to expire therewith, 14 when upon such date the provisions of section ten-d of this act shall 15 take effect; 16 (hh) the amendments to paragraph a of subdivision 1 of section 1809-e 17 of the vehicle and traffic law made by section eleven of this act shall 18 not affect the expiration of such paragraph and shall be deemed to 19 expire therewith, when upon such date the provisions of section eleven-a 20 of this act shall take effect; 21 (ii) the amendments to paragraph a of subdivision 1 of section 1809-e 22 of the vehicle and traffic law made by section eleven-a of this act 23 shall not affect the expiration of such paragraph and shall be deemed to 24 expire therewith, when upon such date the provisions of section eleven-b 25 of this act shall take effect; 26 (jj) the amendments to paragraph a of subdivision 1 of section 1809-e 27 of the vehicle and traffic law made by section eleven-b of this act 28 shall not affect the expiration of such paragraph and shall be deemed to 29 expire therewith, when upon such date the provisions of section eleven-c 30 of this act shall take effect; 31 (kk) the amendments made to subdivision 1 of section 371 of the gener- 32 al municipal law made by section twelve of this act shall not affect the 33 expiration of such subdivision and shall be deemed to expire therewith, 34 when upon such date the provisions of section twelve-a of this act shall 35 take effect; and 36 (ll) the amendments made to section 371 of the general municipal law 37 by section twelve-a of this act shall not affect the expiration of such 38 section and shall be deemed to expire therewith, when upon such date the 39 provisions of section twelve-b of this act shall take effect.