STATE OF NEW YORK ________________________________________________________________________ 4523 2025-2026 Regular Sessions IN ASSEMBLY February 4, 2025 ___________ Introduced by M. of A. CUNNINGHAM, BICHOTTE HERMELYN, LEE, DAVILA, TAPIA, GONZALEZ-ROJAS, HYNDMAN, TAYLOR, BORES -- read once and referred to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to owner liability for failure of an operator to comply with street cleaning parking rules; to amend the public officers law, in relation to access to records prepared pursuant to street cleaning parking rules; and providing for the repeal of certain 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. The vehicle and traffic law is amended by adding a new 2 section 1111-i to read as follows: 3 § 1111-i. Owner liability for failure of an operator to comply with 4 street cleaning parking rules. (a) 1. Notwithstanding any other 5 provision of law, the city of New York is hereby authorized to establish 6 a demonstration program imposing monetary liability on the owner of a 7 vehicle for failure of an operator thereof to comply with posted street 8 cleaning parking rules in such city in accordance with the provisions of 9 this section. Such demonstration program shall empower the New York 10 city department of sanitation to install street cleaning vehicle photo 11 devices on street cleaning vehicles along street cleaning routes at 12 locations determined by such department in such city and to administer 13 such program in consultation with the New York city department of trans- 14 portation. 15 2. Any photographs, microphotographs, videotape or other recorded 16 images captured by street cleaning vehicle photo devices shall be inad- 17 missible in any disciplinary proceeding convened by the department and 18 any proceeding initiated by the department involving licensure privi- 19 leges of street cleaning vehicle operators. Any street cleaning vehicle 20 photo device mounted on a street cleaning vehicle shall be directed 21 outwardly from such vehicle to capture images of vehicles operated in EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05516-01-5
A. 4523 2 1 violation of street cleaning parking rules, and images produced by such 2 device shall not be used for any other purpose in the absence of a court 3 order requiring such images to be produced. 4 3. No street cleaning vehicle photo device shall be used unless on the 5 day it is to be used it has successfully passed a self-test of its func- 6 tions. 7 4. (i) Such demonstration program shall utilize necessary technologies 8 to ensure, to the extent practicable, that photographs, microphoto- 9 graphs, videotape or other recorded images produced by such street 10 cleaning vehicle photo device shall not include images that identify the 11 driver, the passengers, or the contents of the vehicle. Provided, 12 however, that no notice of liability issued pursuant to this section 13 shall be dismissed solely because such a photograph, microphotograph, 14 videotape or other recorded image allows for the identification of the 15 driver, the passengers, or the contents of vehicles where the city shows 16 that it made reasonable efforts to comply with the provisions of this 17 paragraph in such case. 18 (ii) Photographs, microphotographs, videotape or any other recorded 19 image from a street cleaning vehicle photo device shall be for the 20 exclusive use of the city for the purpose of the adjudication of liabil- 21 ity imposed pursuant to this section and of the owner receiving a notice 22 of liability pursuant to this section, and shall be destroyed by the 23 city upon the final resolution of the notice of liability to which such 24 photographs, microphotographs, videotape or other recorded images 25 relate, or one year following the date of issuance of such notice of 26 liability, whichever is later. Notwithstanding the provisions of any 27 other law, rule or regulation to the contrary, photographs, microphoto- 28 graphs, videotape or any other recorded image from a street 29 cleaning vehicle photo device shall not be open to the public, nor 30 subject to civil or criminal process or discovery, nor used by any 31 court or administrative or adjudicatory body in any action or proceed- 32 ing therein except that which is necessary for the adjudication of a 33 notice of liability issued pursuant to this section, and no 34 public entity or employee, officer or agent thereof shall disclose 35 such information, except that such photographs, microphotographs, 36 videotape or any other recorded images from such devices: 37 (A) shall be available for inspection and copying and use by the motor 38 vehicle owner and operator for so long as such photographs, microphoto- 39 graphs, videotape or other recorded images are required to be maintained 40 or are maintained by such public entity, employee, officer or agent; and 41 (B) (1) shall be furnished when described in a search warrant issued 42 by a court authorized to issue such a search warrant pursuant to article 43 six hundred ninety of the criminal procedure law or a federal court 44 authorized to issue such a search warrant under federal law, where such 45 search warrant states that there is reasonable cause to believe such 46 information constitutes evidence of, or tends to demonstrate that, a 47 misdemeanor or felony offense was committed in this state or another 48 state, or that a particular person participated in the commission of a 49 misdemeanor or felony offense in this state or another state, provided, 50 however, that if such offense was against the laws of another state, the 51 court shall only issue a warrant if the conduct comprising such offense 52 would, if occurring in this state, constitute a misdemeanor or felony 53 against the laws of this state; and 54 (2) shall be furnished in response to a subpoena duces tecum signed by 55 a judge of competent jurisdiction and issued pursuant to article six 56 hundred ten of the criminal procedure law or a judge or magistrate of a
A. 4523 3 1 federal court authorized to issue such a subpoena duces tecum under 2 federal law, where the judge finds and the subpoena states that there is 3 reasonable cause to believe such information is relevant and material to 4 the prosecution, or the defense, or the investigation by an authorized 5 law enforcement official, of the alleged commission of a misdemeanor or 6 felony in this state or another state, provided, however, that if such 7 offense was against the laws of another state, such judge or magistrate 8 shall only issue such subpoena if the conduct comprising such offense 9 would, if occurring in this state, constitute a misdemeanor or felony in 10 this state; and 11 (3) may, if lawfully obtained pursuant to this clause and clause (A) 12 of this subparagraph and otherwise admissible, be used in such criminal 13 action or proceeding. 14 5. Every street cleaning vehicle upon which a street cleaning vehicle 15 photo device is installed and operated pursuant to a demonstration 16 program authorized pursuant to this section shall be equipped with 17 signs, placards or other displays giving notice to approaching motor 18 vehicle operators that street cleaning vehicle photo devices are used to 19 enforce street cleaning parking rules. 20 6. Warning notices of violation shall be issued during the first sixty 21 days that street cleaning vehicle photo devices pursuant to a demon- 22 stration program authorized by this section are active and in operation. 23 7. The city of New York shall adopt and enforce measures: 24 (i) to upgrade signage at regular intervals within street cleaning 25 routes stating that street cleaning vehicle photo devices are used to 26 enforce street cleaning parking rules along such routes; and 27 (ii) to prohibit the use or dissemination of vehicles' license plate 28 information and other information and images captured by street cleaning 29 vehicle photo devices except: (A) as required to establish liability 30 under this section or collect payment of penalties; (B) as required by 31 court order; or (C) as otherwise required by law. 32 (b) If the city of New York has established a program pursuant to 33 subdivision (a) of this section, the owner of a vehicle shall be liable 34 for a penalty imposed pursuant to this section if such vehicle was 35 parked in violation of any street cleaning parking rule of such city and 36 such violation is evidenced by information obtained from a street clean- 37 ing vehicle photo device. 38 (c) For purposes of this section, the following terms shall have the 39 following meanings: 40 1. "Manual on uniform traffic control devices" or "MUTCD" shall mean 41 the manual and specifications for a uniform system of traffic control 42 devices maintained by the commissioner of transportation pursuant to 43 section sixteen hundred eighty of this chapter. 44 2. "Owner" shall have the meaning provided in article two-B of this 45 chapter. 46 3. "Street cleaning routes" shall mean street cleaning routes desig- 47 nated by the New York city department of sanitation that include 48 upgraded signage stating that street cleaning vehicle photo devices are 49 used to enforce street cleaning parking rules. 50 4. "Street cleaning parking rules" shall mean the prohibited parking 51 of any vehicle on one side of the street to allow for cleaning by the 52 New York city department of sanitation during designated time periods as 53 posted by sign pursuant to the rules of the New York city department of 54 transportation.
A. 4523 4 1 5. "Street cleaning vehicle" shall mean any vehicle operated by the 2 New York city department of sanitation that is designed to wash dirt and 3 grime, and remove litter and debris, from the street surface. 4 6. "Street cleaning vehicle photo device" shall mean a device that is 5 mounted on a street cleaning vehicle, is capable of operating independ- 6 ently of an enforcement officer and produces one or more images of each 7 vehicle at the time it is in violation of street cleaning parking rules. 8 (d) A certificate, sworn to or affirmed by a technician employed by 9 the city of New York in which the charged violation occurred, or a 10 facsimile thereof, based upon inspection of photographs, microphoto- 11 graphs, videotape or other recorded images produced by a street cleaning 12 vehicle photo device, shall be prima facie evidence of the facts 13 contained therein. Any photographs, microphotographs, videotape or other 14 recorded images evidencing such a violation shall be available for 15 inspection in any proceeding to adjudicate the liability for such 16 violation pursuant to this section. 17 (e) An owner liable for a violation of a street cleaning parking rule 18 imposed on any route shall be liable for monetary penalties in accord- 19 ance with a schedule of fines and penalties promulgated by the parking 20 violations bureau of the city of New York; provided, however, that the 21 monetary penalty for violating a street cleaning parking rule shall not 22 exceed fifty dollars for each violation; provided, further, that an 23 owner shall be liable for an additional penalty not to exceed twenty- 24 five dollars for each violation for the failure to respond to a notice 25 of liability within the prescribed time period. 26 (f) An imposition of liability under the demonstration program estab- 27 lished pursuant to this section shall not be deemed a conviction as an 28 operator and shall not be made part of the operating record of the 29 person upon whom such liability is imposed nor shall it be used for 30 insurance purposes in the provision of motor vehicle insurance coverage. 31 (g) 1. A notice of liability shall be sent by first class mail to each 32 person alleged to be liable as an owner for a violation of a street 33 cleaning parking rule. Personal delivery on the owner shall not be 34 required. A manual or automatic record of mailing prepared in the ordi- 35 nary course of business shall be prima facie evidence of the facts 36 contained therein. 37 2. A notice of liability shall contain the name and address of the 38 person alleged to be liable as an owner for violation of a street clean- 39 ing parking rule, the registration number of the vehicle involved in 40 such violation, the location where such violation took place including 41 the street or cross streets, one or more images identifying the 42 violation, the date and time of such violation and the identification 43 number of the street cleaning vehicle photo device that recorded the 44 violation or other document locator number. 45 3. The notice of liability shall contain information advising the 46 person charged of the manner and the time in which such person may 47 contest the liability alleged in the notice. Such notice of liability 48 shall also contain a warning to advise the person charged that failure 49 to contest in the manner and time provided shall be deemed an admission 50 of liability and that a default judgment may be entered thereon. 51 4. The notice of liability shall be prepared and mailed by the agency 52 or agencies designated by the city of New York, or any other entity 53 authorized by such city to prepare and mail such notification of 54 violation. 55 5. Adjudication of the liability imposed upon owners by this section 56 shall be by the New York city parking violations bureau.
A. 4523 5 1 (h) If an owner of a vehicle receives a notice of liability pursuant 2 to this section for any time period during which the vehicle was 3 reported to the police department as having been stolen, it shall be a 4 valid defense to an allegation of liability for violation of a street 5 cleaning parking rule of such city, that the vehicle had been reported 6 to the police as stolen prior to the time the violation occurred and had 7 not been recovered by such time. For purposes of asserting the defense 8 provided by this subdivision it shall be sufficient that a certified 9 copy of the police report on the stolen vehicle be sent by first class 10 mail to the parking violations bureau. 11 (i) 1. An owner who is a lessor of a vehicle to which a notice of 12 liability was issued pursuant to subdivision (g) of this section shall 13 not be liable for the violation of the street cleaning parking rule, 14 provided that: 15 (i) prior to the violation, the lessor has filed with such parking 16 violations bureau in accordance with the provisions of section two 17 hundred thirty-nine of this chapter; and 18 (ii) within thirty-seven days after receiving notice from such bureau 19 of the date and time of such liability, together with the other informa- 20 tion contained in the original notice of liability, the lessor submits 21 to such bureau the correct name and address of the lessee of the vehicle 22 identified in the notice of liability at the time of such violation, 23 together with such other additional information contained in the rental, 24 lease or other contract document, as may be reasonably required by such 25 bureau pursuant to regulations that may be promulgated for such purpose. 26 2. Failure to comply with subparagraph (ii) of paragraph one of this 27 subdivision shall render the lessor liable for the penalty prescribed in 28 this section. 29 3. Where the lessor complies with the provisions of paragraph one of 30 this subdivision, the lessee of such vehicle on the date of such 31 violation shall be deemed to be the owner of such vehicle for purposes 32 of this section, shall be subject to liability for such violation pursu- 33 ant to this section, and shall be sent a notice of liability pursuant to 34 subdivision (g) of this section. 35 (j) 1. If the owner liable for a violation of a street cleaning park- 36 ing rule pursuant to this section was not the operator of the vehicle 37 at the time of such violation, the owner may maintain an action for 38 indemnification against the operator. 39 2. Notwithstanding any other provision of this section, no owner of a 40 vehicle shall be subject to a monetary fine imposed pursuant to this 41 section if the operator of such vehicle was operating such vehicle with- 42 out the consent of the owner at the time such operator failed to obey a 43 street cleaning parking rule. For purposes of this subdivision there 44 shall be a presumption that the operator of such vehicle was operating 45 such vehicle with the consent of the owner at the time such operator 46 failed to obey a street cleaning parking rule. 47 (k) Nothing in this section shall be construed to limit the liability 48 of an operator of a vehicle for any violation of a street cleaning park- 49 ing rule. 50 (l) If the city of New York adopts a demonstration program pursuant to 51 subdivision (a) of this section, such city's department of sanitation 52 shall submit a report on the results of the use of street cleaning park- 53 ing rule-related photo devices to the governor, the temporary president 54 of the senate, and the speaker of the assembly by April first, two thou- 55 sand twenty-seven and every two years thereafter. The department of 56 sanitation of the city of New York shall also make such reports avail-
A. 4523 6 1 able on their public-facing websites, provided that they may provide 2 aggregate data from paragraph one of this subdivision if the city finds 3 that publishing specific location data would jeopardize public safety. 4 Such report shall include, but not be limited to: 5 1. a description of the locations and/or vehicles where street clean- 6 ing vehicle photo devices were used; 7 2. the total number of violations recorded on a monthly and annual 8 basis; 9 3. the total number of notices of liability issued; 10 4. the number of fines and total amount of fines paid after the first 11 notice of liability; 12 5. the number of violations adjudicated and results of such adjudi- 13 cations including breakdowns of dispositions made; 14 6. the total amount of revenue realized by such city and department 15 and an itemized list of expenditures made by the city and department 16 with these revenues; 17 7. the quality of the adjudication process and its results; 18 8. the total number of cameras by type of camera used; 19 9. the total cost to such city; and 20 10. a report on the number of miles of street cleaning routes cleaned 21 before and after implementation of the demonstration program. 22 (m) It shall be a defense to any prosecution for a violation of a 23 street cleaning parking rule pursuant to a demonstration program adopted 24 pursuant to this section that such street cleaning vehicle photo devices 25 were malfunctioning at the time of the alleged violation. 26 § 2. Subdivision 1 of section 235 of the vehicle and traffic law, as 27 amended by section 2 of part MM of chapter 56 of the laws of 2023, is 28 amended to read as follows: 29 1. Notwithstanding any inconsistent provision of any general, special 30 or local law or administrative code to the contrary, in any city which 31 heretofore or hereafter is authorized to establish an administrative 32 tribunal: (a) to hear and determine complaints of traffic infractions 33 constituting parking, standing or stopping violations, or (b) to adjudi- 34 cate the liability of owners for violations of subdivision (d) of 35 section eleven hundred eleven of this chapter imposed pursuant to a 36 local law or ordinance imposing monetary liability on the owner of a 37 vehicle for failure of an operator thereof to comply with traffic-con- 38 trol indications through the installation and operation of traffic-con- 39 trol signal photo violation-monitoring systems, in accordance with arti- 40 cle twenty-four of this chapter, or (c) to adjudicate the liability of 41 owners for violations of subdivision (b), (c), (d), (f) or (g) of 42 section eleven hundred eighty of this chapter imposed pursuant to a 43 demonstration program imposing monetary liability on the owner of a 44 vehicle for failure of an operator thereof to comply with such posted 45 maximum speed limits through the installation and operation of photo 46 speed violation monitoring systems, in accordance with article thirty of 47 this chapter, or (d) to adjudicate the liability of owners for 48 violations of bus lane restrictions as defined by article twenty-four of 49 this chapter imposed pursuant to a bus rapid transit program imposing 50 monetary liability on the owner of a vehicle for failure of an operator 51 thereof to comply with such bus lane restrictions through the installa- 52 tion and operation of bus lane photo devices, in accordance with article 53 twenty-four of this chapter, or (e) to adjudicate the liability of 54 owners for violations of toll collection regulations imposed by certain 55 public authorities pursuant to the law authorizing such public authori- 56 ties to impose monetary liability on the owner of a vehicle for failure
A. 4523 7 1 of an operator thereof to comply with toll collection regulations of 2 such public authorities through the installation and operation of 3 photo-monitoring systems, in accordance with the provisions of section 4 two thousand nine hundred eighty-five of the public authorities law and 5 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred 6 seventy-four of the laws of nineteen hundred fifty, or (f) to adjudicate 7 the liability of owners for violations of section eleven hundred seven- 8 ty-four of this chapter when meeting a school bus marked and equipped as 9 provided in subdivisions twenty and twenty-one-c of section three 10 hundred seventy-five of this chapter imposed pursuant to a local law or 11 ordinance imposing monetary liability on the owner of a vehicle for 12 failure of an operator thereof to comply with school bus red visual 13 signals through the installation and operation of school bus photo 14 violation monitoring systems, in accordance with article twenty-nine of 15 this chapter, or (g) to adjudicate the liability of owners for 16 violations of section three hundred eighty-five of this chapter and the 17 rules of the department of transportation of the city of New York in 18 relation to gross vehicle weight and/or axle weight violations imposed 19 pursuant to a weigh in motion demonstration program imposing monetary 20 liability on the owner of a vehicle for failure of an operator thereof 21 to comply with such gross vehicle weight and/or axle weight restrictions 22 through the installation and operation of weigh in motion violation 23 monitoring systems, in accordance with article ten of this chapter, or 24 (h) to adjudicate the liability of owners for violations of subdivision 25 (b), (d), (f) or (g) of section eleven hundred eighty of this chapter 26 imposed pursuant to a demonstration program imposing monetary liability 27 on the owner of a vehicle for failure of an operator thereof to comply 28 with such posted maximum speed limits within a highway construction or 29 maintenance work area through the installation and operation of photo 30 speed violation monitoring systems, in accordance with article thirty of 31 this chapter, or (i) to adjudicate the liability of owners for 32 violations of bus operation-related traffic regulations as defined by 33 article twenty-four of this chapter imposed pursuant to a demonstration 34 program imposing monetary liability on the owner of a vehicle for fail- 35 ure of an operator thereof to comply with such bus operation-related 36 traffic regulations through the installation and operation of bus opera- 37 tion-related photo devices, in accordance with article twenty-four of 38 this chapter, or (j) to adjudicate the liability of owners for 39 violations of street cleaning parking rules as defined by article twen- 40 ty-four of this chapter imposed pursuant to a program imposing monetary 41 liability on the owner of a vehicle for failure of an operator thereof 42 to comply with such street cleaning parking rules through the installa- 43 tion and operation of street cleaning vehicle photo devices, in accord- 44 ance with article twenty-four of this chapter, such tribunal and the 45 rules and regulations pertaining thereto shall be constituted in 46 substantial conformance with the following sections. 47 § 3. Subdivision 1 of section 236 of the vehicle and traffic law, as 48 amended by section 3 of part MM of chapter 56 of the laws of 2023, is 49 amended to read as follows: 50 1. Creation. In any city as hereinbefore or hereafter authorized such 51 tribunal when created shall be known as the parking violations bureau 52 and shall have jurisdiction of traffic infractions which constitute a 53 parking violation and, where authorized: (a) to adjudicate the liability 54 of owners for violations of subdivision (d) of section eleven hundred 55 eleven of this chapter imposed pursuant to a local law or ordinance 56 imposing monetary liability on the owner of a vehicle for failure of an
A. 4523 8 1 operator thereof to comply with traffic-control indications through the 2 installation and operation of traffic-control signal photo violation- 3 monitoring systems, in accordance with article twenty-four of this chap- 4 ter, or (b) to adjudicate the liability of owners for violations of 5 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty 6 of this chapter imposed pursuant to a demonstration program imposing 7 monetary liability on the owner of a vehicle for failure of an operator 8 thereof to comply with such posted maximum speed limits through the 9 installation and operation of photo speed violation monitoring systems, 10 in accordance with article thirty of this chapter, or (c) to adjudicate 11 the liability of owners for violations of bus lane restrictions as 12 defined by article twenty-four of this chapter imposed pursuant to a bus 13 rapid transit program imposing monetary liability on the owner of a 14 vehicle for failure of an operator thereof to comply with such bus lane 15 restrictions through the installation and operation of bus lane photo 16 devices, in accordance with article twenty-four of this chapter, or (d) 17 to adjudicate the liability of owners for violations of toll collection 18 regulations imposed by certain public authorities pursuant to the law 19 authorizing such public authorities to impose monetary liability on the 20 owner of a vehicle for failure of an operator thereof to comply with 21 toll collection regulations of such public authorities through the 22 installation and operation of photo-monitoring systems, in accordance 23 with the provisions of section two thousand nine hundred eighty-five of 24 the public authorities law and sections sixteen-a, sixteen-b and 25 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen 26 hundred fifty, or (e) to adjudicate the liability of owners for 27 violations of section eleven hundred seventy-four of this chapter when 28 meeting a school bus marked and equipped as provided in subdivisions 29 twenty and twenty-one-c of section three hundred seventy-five of this 30 chapter imposed pursuant to a local law or ordinance imposing monetary 31 liability on the owner of a vehicle for failure of an operator thereof 32 to comply with school bus red visual signals through the installation 33 and operation of school bus photo violation monitoring systems, in 34 accordance with article twenty-nine of this chapter, or (f) to adjudi- 35 cate the liability of owners for violations of section three hundred 36 eighty-five of this chapter and the rules of the department of transpor- 37 tation of the city of New York in relation to gross vehicle weight 38 and/or axle weight violations imposed pursuant to a weigh in motion 39 demonstration program imposing monetary liability on the owner of a 40 vehicle for failure of an operator thereof to comply with such gross 41 vehicle weight and/or axle weight restrictions through the installation 42 and operation of weigh in motion violation monitoring systems, in 43 accordance with article ten of this chapter, or (g) to adjudicate the 44 liability of owners for violations of subdivision (b), (d), (f) or (g) 45 of section eleven hundred eighty of this chapter imposed pursuant to a 46 demonstration program imposing monetary liability on the owner of a 47 vehicle for failure of an operator thereof to comply with such posted 48 maximum speed limits within a highway construction or maintenance work 49 area through the installation and operation of photo speed violation 50 monitoring systems, in accordance with article thirty of this chapter, 51 or (h) to adjudicate the liability of owners for violations of bus oper- 52 ation-related traffic regulations as defined by article twenty-four of 53 this chapter imposed pursuant to a demonstration program imposing mone- 54 tary liability on the owner of a vehicle for failure of an operator 55 thereof to comply with such bus operation-related traffic regulations 56 through the installation and operation of bus operation-related photo
A. 4523 9 1 devices, in accordance with article twenty-four of this chapter, or (i) 2 to adjudicate the liability of owners for violations of street cleaning 3 parking rules as defined by article twenty-four of this chapter 4 imposed pursuant to a program imposing monetary liability on the owner 5 of a vehicle for failure of an operator thereof to comply with 6 such street cleaning parking rules through the installation and opera- 7 tion of street cleaning vehicle photo devices, in accordance with arti- 8 cle twenty-four of this chapter. Such tribunal, except in a city with a 9 population of one million or more, shall also have jurisdiction of aban- 10 doned vehicle violations. For the purposes of this article, a parking 11 violation is the violation of any law, rule or regulation providing for 12 or regulating the parking, stopping or standing of a vehicle. In addi- 13 tion for purposes of this article, "commissioner" shall mean and include 14 the commissioner of traffic of the city or an official possessing 15 authority as such a commissioner. 16 § 4. Paragraph f of subdivision 1 of section 239 of the vehicle and 17 traffic law, as amended by section 4 of part MM of chapter 56 of the 18 laws of 2023, is amended to read as follows: 19 f. "Notice of violation" means a notice of violation as defined in 20 subdivision nine of section two hundred thirty-seven of this article, 21 but shall not be deemed to include a notice of liability issued pursuant 22 to authorization set forth in articles ten, twenty-four, twenty-nine and 23 thirty of this chapter, section two thousand nine hundred eighty-five of 24 the public authorities law and sections sixteen-a, sixteen-b and 25 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen 26 hundred fifty to impose monetary liability on the owner of a vehicle for 27 failure of an operator thereof: to comply with traffic-control indi- 28 cations in violation of subdivision (d) of section eleven hundred eleven 29 of this chapter through the installation and operation of traffic-con- 30 trol signal photo violation-monitoring systems, in accordance with arti- 31 cle twenty-four of this chapter; or to comply with certain posted maxi- 32 mum speed limits in violation of subdivision (b), (c), (d), (f) or (g) 33 of section eleven hundred eighty of this chapter through the installa- 34 tion and operation of photo speed violation monitoring systems, in 35 accordance with article thirty of this chapter; or to comply with bus 36 lane restrictions as defined by article twenty-four of this chapter 37 through the installation and operation of bus lane photo devices, in 38 accordance with article twenty-four of this chapter; or to comply with 39 toll collection regulations of certain public authorities through the 40 installation and operation of photo-monitoring systems, in accordance 41 with the provisions of section two thousand nine hundred eighty-five of 42 the public authorities law and sections sixteen-a, sixteen-b and 43 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen 44 hundred fifty; or to stop for a school bus displaying a red visual 45 signal in violation of section eleven hundred seventy-four of this chap- 46 ter through the installation and operation of school bus photo violation 47 monitoring systems, in accordance with article twenty-nine of this chap- 48 ter; or to comply with certain posted maximum speed limits in violation 49 of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of 50 this chapter within a highway construction or maintenance work area 51 through the installation and operation of photo speed violation monitor- 52 ing systems, in accordance with article thirty of this chapter; or to 53 comply with gross vehicle weight and/or axle weight restrictions in 54 violation of section three hundred eighty-five of this chapter and the 55 rules of the department of transportation of the city of New York 56 through the installation and operation of weigh in motion violation
A. 4523 10 1 monitoring systems, in accordance with article ten of this chapter; or 2 to comply with bus operation-related traffic regulations as defined by 3 article twenty-four of this chapter in violation of the rules of the 4 department of transportation of the city of New York through the instal- 5 lation and operation of bus operation-related photo devices, in accord- 6 ance with article twenty-four of this chapter; or to comply with street 7 cleaning parking rules as defined by article twenty-four of this chapter 8 through the installation and operation of street cleaning vehicle photo 9 devices, in accordance with article twenty-four of this chapter. 10 § 5. Subdivisions 1, 1-a and the opening paragraph of paragraph (a) of 11 subdivision 1-b of section 240 of the vehicle and traffic law, as 12 amended by section 5 of part MM of chapter 56 of the laws of 2023, are 13 amended to read as follows: 14 1. Notice of hearing. Whenever a person charged with a parking 15 violation enters a plea of not guilty; or a person alleged to be liable 16 in accordance with any provisions of law specifically authorizing the 17 imposition of monetary liability on the owner of a vehicle for failure 18 of an operator thereof: to comply with traffic-control indications in 19 violation of subdivision (d) of section eleven hundred eleven of this 20 chapter through the installation and operation of traffic-control signal 21 photo violation-monitoring systems, in accordance with article twenty- 22 four of this chapter; or to comply with certain posted maximum speed 23 limits in violation of subdivision (b), (c), (d), (f) or (g) of section 24 eleven hundred eighty of this chapter through the installation and oper- 25 ation of photo speed violation monitoring systems, in accordance with 26 article thirty of this chapter; or to comply with bus lane restrictions 27 as defined by article twenty-four of this chapter through the installa- 28 tion and operation of bus lane photo devices, in accordance with article 29 twenty-four of this chapter; or to comply with toll collection regu- 30 lations of certain public authorities through the installation and oper- 31 ation of photo-monitoring systems, in accordance with the provisions of 32 section two thousand nine hundred eighty-five of the public authorities 33 law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven 34 hundred seventy-four of the laws of nineteen hundred fifty; or to stop 35 for a school bus displaying a red visual signal in violation of section 36 eleven hundred seventy-four of this chapter through the installation and 37 operation of school bus photo violation monitoring systems, in accord- 38 ance with article twenty-nine of this chapter; or to comply with certain 39 posted maximum speed limits in violation of subdivision (b), (d), (f) or 40 (g) of section eleven hundred eighty of this chapter within a highway 41 construction or maintenance work area through the installation and oper- 42 ation of photo speed violation monitoring systems, in accordance with 43 article thirty of this chapter; or to comply with gross vehicle weight 44 and/or axle weight restrictions in violation of section three hundred 45 eighty-five of this chapter and the rules of the department of transpor- 46 tation of the city of New York through the installation and operation of 47 weigh in motion violation monitoring systems, in accordance with article 48 ten of this chapter; or to comply with bus operation-related traffic 49 regulations as defined by article twenty-four of this chapter in 50 violation of the rules of the department of transportation of the city 51 of New York through the installation and operation of bus operation-re- 52 lated photo devices, in accordance with article twenty-four of this 53 chapter; or to comply with street cleaning parking rules as defined by 54 article twenty-four of this chapter through the installation and opera- 55 tion of street cleaning vehicle photo devices, in accordance with arti- 56 cle twenty-four of this chapter, contests such allegation, the bureau
A. 4523 11 1 shall advise such person personally by such form of first class mail as 2 the director may direct of the date on which [he or she] such person 3 must appear to answer the charge at a hearing. The form and content of 4 such notice of hearing shall be prescribed by the director, and shall 5 contain a warning to advise the person so pleading or contesting that 6 failure to appear on the date designated, or on any subsequent adjourned 7 date, shall be deemed an admission of liability, and that a default 8 judgment may be entered thereon. 9 1-a. Fines and penalties. Whenever a plea of not guilty has been 10 entered, or the bureau has been notified that an allegation of liability 11 in accordance with provisions of law specifically authorizing the impo- 12 sition of monetary liability on the owner of a vehicle for failure of an 13 operator thereof: to comply with traffic-control indications in 14 violation of subdivision (d) of section eleven hundred eleven of this 15 chapter through the installation and operation of traffic-control signal 16 photo violation-monitoring systems, in accordance with article twenty- 17 four of this chapter; or to comply with certain posted maximum speed 18 limits in violation of subdivision (b), (c), (d), (f) or (g) of section 19 eleven hundred eighty of this chapter through the installation and oper- 20 ation of photo speed violation monitoring systems, in accordance with 21 article thirty of this chapter; or to comply with bus lane restrictions 22 as defined by article twenty-four of this chapter through the installa- 23 tion and operation of bus lane photo devices, in accordance with article 24 twenty-four of this chapter; or to comply with toll collection regu- 25 lations of certain public authorities through the installation and oper- 26 ation of photo-monitoring systems, in accordance with the provisions of 27 section two thousand nine hundred eighty-five of the public authorities 28 law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven 29 hundred seventy-four of the laws of nineteen hundred fifty; or to stop 30 for a school bus displaying a red visual signal in violation of section 31 eleven hundred seventy-four of this chapter through the installation and 32 operation of school bus photo violation monitoring systems, in accord- 33 ance with article twenty-nine of this chapter; or to comply with certain 34 posted maximum speed limits in violation of subdivision (b), (d), (f) or 35 (g) of section eleven hundred eighty of this chapter within a highway 36 construction or maintenance work area through the installation and oper- 37 ation of photo speed violation monitoring systems, in accordance with 38 article thirty of this chapter; or to comply with gross vehicle weight 39 and/or axle weight restrictions in violation of section three hundred 40 eighty-five of this chapter and the rules of the department of transpor- 41 tation of the city of New York through the installation and operation of 42 weigh in motion violation monitoring systems, in accordance with article 43 ten of this chapter; or to comply with bus operation-related traffic 44 regulations as defined by article twenty-four of this chapter in 45 violation of the rules of the department of transportation of the city 46 of New York through the installation and operation of bus operation-re- 47 lated photo devices, in accordance with article twenty-four of this 48 chapter; or to comply with street cleaning parking rules as defined by 49 article twenty-four of this chapter through the installation and opera- 50 tion of street cleaning vehicle photo devices, in accordance with arti- 51 cle twenty-four of this chapter, is being contested, by a person in a 52 timely fashion and a hearing upon the merits has been demanded, but has 53 not yet been held, the bureau shall not issue any notice of fine or 54 penalty to that person prior to the date of the hearing. 55 In a city having a population of one million or more, at every hearing 56 for the adjudication of a notice of liability, as provided by this arti-
A. 4523 12 1 cle, there shall be a rebuttable presumption that the owner of a first- 2 response emergency vehicle alleged to be liable in accordance with any 3 provisions of law specifically authorizing the imposition of monetary 4 liability on the owner of a vehicle for failure of an operator thereof: 5 to comply with traffic-control indications in violation of subdivision 6 (d) of section eleven hundred eleven of this chapter through the instal- 7 lation and operation of traffic-control signal photo violation-monitor- 8 ing systems, in accordance with article twenty-four of this chapter; or 9 to comply with certain posted maximum speed limits in violation of 10 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty 11 of this chapter through the installation and operation of photo speed 12 violation monitoring systems, in accordance with article thirty of this 13 chapter; or to comply with bus lane restrictions as defined by article 14 twenty-four of this chapter through the installation and operation of 15 bus lane photo devices, in accordance with article twenty-four of this 16 chapter; or to comply with bus operation-related traffic regulations as 17 defined by article twenty-four of this chapter in violation of the rules 18 of the department of transportation of the city of New York through the 19 installation and operation of bus operation-related photo devices, in 20 accordance with article twenty-four of this chapter; or to comply with 21 street cleaning parking rules as defined by article twenty-four of this 22 chapter through the installation and operation of street cleaning 23 vehicle photo devices, in accordance with article twenty-four of this 24 chapter is not liable for such alleged violation if such owner of the 25 first-response emergency vehicle provides the hearing officer with: 26 § 6. Paragraphs a and g of subdivision 2 of section 240 of the vehicle 27 and traffic law, as amended by section 6 of part MM of chapter 56 of the 28 laws of 2023, are amended to read as follows: 29 a. Every hearing for the adjudication of a charge of parking violation 30 or an allegation of liability of an owner for a violation of subdivision 31 (d) of section eleven hundred eleven of this chapter imposed pursuant to 32 a local law or ordinance imposing monetary liability on the owner of a 33 vehicle for failure of an operator thereof to comply with traffic-con- 34 trol indications through the installation and operation of traffic-con- 35 trol signal photo violation-monitoring systems, in accordance with arti- 36 cle twenty-four of this chapter, or an allegation of liability of an 37 owner for a violation of subdivision (b), (c), (d), (f) or (g) of 38 section eleven hundred eighty of this chapter imposed pursuant to a 39 demonstration program imposing monetary liability on the owner of a 40 vehicle for failure of an operator thereof to comply with certain posted 41 maximum speed limits through the installation and operation of photo 42 speed violation monitoring systems, in accordance with article thirty of 43 this chapter, or an allegation of liability of an owner for a violation 44 of bus lane restrictions as defined by article twenty-four of this chap- 45 ter imposed pursuant to a bus rapid transit program imposing monetary 46 liability on the owner of a vehicle for failure of an operator thereof 47 to comply with such bus lane restrictions through the installation and 48 operation of bus lane photo devices, in accordance with article twenty- 49 four of this chapter, or an allegation of liability of an owner for a 50 violation of toll collection regulations imposed by certain public 51 authorities pursuant to the law authorizing such public authorities to 52 impose monetary liability on the owner of a vehicle for failure of an 53 operator thereof to comply with toll collection regulations of such 54 public authorities through the installation and operation of photo-moni- 55 toring systems, in accordance with the provisions of section two thou- 56 sand nine hundred eighty-five of the public authorities law and sections
A. 4523 13 1 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four 2 of the laws of nineteen hundred fifty, or an allegation of liability of 3 an owner for a violation of section eleven hundred seventy-four of this 4 chapter when meeting a school bus marked and equipped as provided in 5 subdivisions twenty and twenty-one-c of section three hundred seventy- 6 five of this chapter imposed pursuant to a local law or ordinance impos- 7 ing monetary liability on the owner of a vehicle for failure of an oper- 8 ator thereof to comply with school bus red visual signals through the 9 installation and operation of school bus photo violation monitoring 10 systems, in accordance with article twenty-nine of this chapter, or an 11 allegation of liability of an owner for a violation of subdivision (b), 12 (d), (f) or (g) of section eleven hundred eighty of this chapter imposed 13 pursuant to a demonstration program imposing monetary liability on the 14 owner of a vehicle for failure of an operator thereof to comply with 15 certain posted maximum speed limits within a highway construction or 16 maintenance work area through the installation and operation of photo 17 speed violation monitoring systems, in accordance with article thirty of 18 this chapter, or an allegation of liability of an owner for a violation 19 of section three hundred eighty-five of this chapter and the rules of 20 the department of transportation of the city of New York in relation to 21 gross vehicle weight and/or axle weight violations imposed pursuant to a 22 weigh in motion demonstration program imposing monetary liability on the 23 owner of a vehicle for failure of an operator thereof to comply with 24 such gross vehicle weight and/or axle weight restrictions through the 25 installation and operation of weigh in motion violation monitoring 26 systems, in accordance with article ten of this chapter, or an allega- 27 tion of liability of an owner for a violation of bus operation-related 28 traffic regulations as defined by article twenty-four of this chapter 29 imposed pursuant to a demonstration program imposing monetary liability 30 on the owner of a vehicle for failure of an operator thereof to comply 31 with such bus operation-related traffic regulations through the instal- 32 lation and operation of bus operation-related photo devices, in accord- 33 ance with article twenty-four of this chapter, or an allegation of 34 liability of an owner for a violation of street cleaning parking rules 35 as defined by article twenty-four of this chapter imposed pursuant to a 36 program imposing monetary liability on the owner of a vehicle for fail- 37 ure of an operator thereof to comply with such street cleaning parking 38 rules through the installation and operation of street cleaning vehicle 39 photo devices, in accordance with article twenty-four of this chapter, 40 shall be held before a hearing examiner in accordance with rules and 41 regulations promulgated by the bureau. 42 g. A record shall be made of a hearing on a plea of not guilty or of a 43 hearing at which liability in accordance with any provisions of law 44 specifically authorizing the imposition of monetary liability on the 45 owner of a vehicle for failure of an operator thereof: to comply with 46 traffic-control indications in violation of subdivision (d) of section 47 eleven hundred eleven of this chapter through the installation and oper- 48 ation of traffic-control signal photo violation-monitoring systems, in 49 accordance with article twenty-four of this chapter; to comply with 50 certain posted maximum speed limits in violation of subdivision (b), 51 (c), (d), (f) or (g) of section eleven hundred eighty of this chapter 52 through the installation and operation of photo speed violation monitor- 53 ing systems, in accordance with article thirty of this chapter; to 54 comply with bus lane restrictions as defined by article twenty-four of 55 this chapter through the installation and operation of bus lane photo 56 devices, in accordance with article twenty-four of this chapter; to
A. 4523 14 1 comply with toll collection regulations of certain public authorities 2 through the installation and operation of photo-monitoring systems, in 3 accordance with the provisions of section two thousand nine hundred 4 eighty-five of the public authorities law and sections sixteen-a, 5 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the 6 laws of nineteen hundred fifty; to stop for a school bus displaying a 7 red visual signal in violation of section eleven hundred seventy-four of 8 this chapter through the installation and operation of school bus photo 9 violation monitoring systems, in accordance with article twenty-nine of 10 this chapter; to comply with certain posted maximum speed limits in 11 violation of subdivision (b), (d), (f) or (g) of section eleven hundred 12 eighty of this chapter within a highway construction or maintenance work 13 area through the installation and operation of photo speed violation 14 monitoring systems, in accordance with article thirty of this chapter; 15 to comply with gross vehicle weight and/or axle weight restrictions in 16 violation of section three hundred eighty-five of this chapter and the 17 rules of the department of transportation of the city of New York 18 through the installation and operation of weigh in motion violation 19 monitoring systems, in accordance with article ten of this chapter; or 20 to comply with bus operation-related traffic regulations as defined by 21 article twenty-four of this chapter in violation of the rules of the 22 department of transportation of the city of New York through the instal- 23 lation and operation of bus operation-related photo devices, in accord- 24 ance with article twenty-four of this chapter; or to comply with street 25 cleaning parking rules as defined by article twenty-four of this chapter 26 through the installation and operation of street cleaning vehicle photo 27 devices, in accordance with article twenty-four of this chapter, is 28 contested. Recording devices may be used for the making of the record. 29 § 7. Subdivisions 1 and 2 of section 241 of the vehicle and traffic 30 law, as amended by section 7 of part MM of chapter 56 of the laws of 31 2023, are amended to read as follows: 32 1. The hearing examiner shall make a determination on the charges, 33 either sustaining or dismissing them. Where the hearing examiner deter- 34 mines that the charges have been sustained [he or she] such examiner may 35 examine either the prior parking violations record or the record of 36 liabilities incurred in accordance with any provisions of law specif- 37 ically authorizing the imposition of monetary liability on the owner of 38 a vehicle for failure of an operator thereof: to comply with traffic- 39 control indications in violation of subdivision (d) of section eleven 40 hundred eleven of this chapter through the installation and operation of 41 traffic-control signal photo violation-monitoring systems, in accordance 42 with article twenty-four of this chapter; to comply with certain posted 43 maximum speed limits in violation of subdivision (b), (c), (d), (f) or 44 (g) of section eleven hundred eighty of this chapter through the instal- 45 lation and operation of photo speed violation monitoring systems, in 46 accordance with article thirty of this chapter; to comply with bus lane 47 restrictions as defined by article twenty-four of this chapter through 48 the installation and operation of bus lane photo devices, in accordance 49 with article twenty-four of this chapter; to comply with toll collection 50 regulations of certain public authorities through the installation and 51 operation of photo-monitoring systems, in accordance with the provisions 52 of section two thousand nine hundred eighty-five of the public authori- 53 ties law and sections sixteen-a, sixteen-b and sixteen-c of chapter 54 seven hundred seventy-four of the laws of nineteen hundred fifty; to 55 stop for a school bus displaying a red visual signal in violation of 56 section eleven hundred seventy-four of this chapter through the instal-
A. 4523 15 1 lation and operation of school bus photo violation monitoring systems, 2 in accordance with article twenty-nine of this chapter; to comply with 3 certain posted maximum speed limits in violation of subdivision (b), 4 (d), (f) or (g) of section eleven hundred eighty of this chapter within 5 a highway construction or maintenance work area through the installation 6 and operation of photo speed violation monitoring systems, in accordance 7 with article thirty of this chapter; to comply with gross vehicle weight 8 and/or axle weight restrictions in violation of section three hundred 9 eighty-five of this chapter and the rules of the department of transpor- 10 tation of the city of New York through the installation and operation of 11 weigh in motion violation monitoring systems, in accordance with article 12 ten of this chapter; [or] to comply with bus operation-related traffic 13 regulations as defined by article twenty-four of this chapter in 14 violation of the rules of the department of transportation of the city 15 of New York through the installation and operation of bus operation-re- 16 lated photo devices, in accordance with article twenty-four of this 17 chapter; or to comply with street cleaning parking rules as defined by 18 article twenty-four of this chapter through the installation and opera- 19 tion of street cleaning vehicle photo devices, in accordance with arti- 20 cle twenty-four of this chapter, of the person charged, as applicable 21 prior to rendering a final determination. Final determinations sustain- 22 ing or dismissing charges shall be entered on a final determination roll 23 maintained by the bureau together with records showing payment and 24 nonpayment of penalties. 25 2. Where an operator or owner fails to enter a plea to a charge of a 26 parking violation or contest an allegation of liability in accordance 27 with any provisions of law specifically authorizing the imposition of 28 monetary liability on the owner of a vehicle for failure of an operator 29 thereof: to comply with traffic-control indications in violation of 30 subdivision (d) of section eleven hundred eleven of this chapter through 31 the installation and operation of traffic-control signal photo viola- 32 tion-monitoring systems, in accordance with article twenty-four of this 33 chapter; to comply with certain posted maximum speed limits in violation 34 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred 35 eighty of this chapter through the installation and operation of photo 36 speed violation monitoring systems, in accordance with article thirty of 37 this chapter; to comply with bus lane restrictions as defined by article 38 twenty-four of this chapter through the installation and operation of 39 bus lane photo devices, in accordance with article twenty-four of this 40 chapter; to comply with toll collection regulations of certain public 41 authorities through the installation and operation of photo-monitoring 42 systems, in accordance with the provisions of section two thousand nine 43 hundred eighty-five of the public authorities law and sections 44 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four 45 of the laws of nineteen hundred fifty; to stop for a school bus display- 46 ing a red visual signal in violation of section eleven hundred seventy- 47 four of this chapter through the installation and operation of school 48 bus photo violation monitoring systems, in accordance with article twen- 49 ty-nine of this chapter; to comply with certain posted maximum speed 50 limits in violation of subdivision (b), (d), (f) or (g) of section elev- 51 en hundred eighty of this chapter within a highway construction or main- 52 tenance work area through the installation and operation of photo speed 53 violation monitoring systems, in accordance with article thirty of this 54 chapter; to comply with gross vehicle weight and/or axle weight 55 restrictions in violation of section three hundred eighty-five of this 56 chapter and the rules of the department of transportation of the city of
A. 4523 16 1 New York through the installation and operation of weigh in motion 2 violation monitoring systems, in accordance with article ten of this 3 chapter; [or] to comply with bus operation-related traffic regulations 4 as defined by article twenty-four of this chapter in violation of the 5 rules of the department of transportation of the city of New York 6 through the installation and operation of bus operation-related photo 7 devices, in accordance with article twenty-four of this chapter; or to 8 comply with street cleaning parking rules as defined by article twenty- 9 four of this chapter through the installation and operation of street 10 cleaning vehicle photo devices, in accordance with article twenty-four 11 of this chapter, or fails to appear on a designated hearing date or 12 subsequent adjourned date or fails after a hearing to comply with the 13 determination of a hearing examiner, as prescribed by this article or by 14 rule or regulation of the bureau, such failure to plead or contest, 15 appear or comply shall be deemed, for all purposes, an admission of 16 liability and shall be grounds for rendering and entering a default 17 judgment in an amount provided by the rules and regulations of the 18 bureau. However, after the expiration of the original date prescribed 19 for entering a plea and before a default judgment may be rendered, in 20 such case the bureau shall pursuant to the applicable provisions of law 21 notify such operator or owner, by such form of first class mail as the 22 commission may direct; (1) of the violation charged, or liability 23 alleged in accordance with any provisions of law specifically authoriz- 24 ing the imposition of monetary liability on the owner of a vehicle for 25 failure of an operator thereof: to comply with traffic-control indi- 26 cations in violation of subdivision (d) of section eleven hundred eleven 27 of this chapter through the installation and operation of traffic-con- 28 trol signal photo violation-monitoring systems, in accordance with arti- 29 cle twenty-four of this chapter; to comply with certain posted maximum 30 speed limits in violation of subdivision (b), (c), (d), (f) or (g) of 31 section eleven hundred eighty of this chapter through the installation 32 and operation of photo speed violation monitoring systems, in accordance 33 with article thirty of this chapter; to comply with bus lane 34 restrictions as defined by article twenty-four of this chapter through 35 the installation and operation of bus lane photo devices, in accordance 36 with article twenty-four of this chapter; to comply with toll collection 37 regulations of certain public authorities through the installation and 38 operation of photo-monitoring systems, in accordance with the provisions 39 of section two thousand nine hundred eighty-five of the public authori- 40 ties law and sections sixteen-a, sixteen-b and sixteen-c of chapter 41 seven hundred seventy-four of the laws of nineteen hundred fifty; to 42 stop for a school bus displaying a red visual signal in violation of 43 section eleven hundred seventy-four of this chapter through the instal- 44 lation and operation of school bus photo violation monitoring systems, 45 in accordance with article twenty-nine of this chapter; to comply with 46 certain posted maximum speed limits in violation of subdivision (b), 47 (d), (f) or (g) of section eleven hundred eighty of this chapter within 48 a highway construction or maintenance work area through the installation 49 and operation of photo speed violation monitoring systems, in accordance 50 with article thirty of this chapter; to comply with gross vehicle weight 51 and/or axle weight restrictions in violation of section three hundred 52 eighty-five of this chapter and the rules of the department of transpor- 53 tation of the city of New York through the installation and operation of 54 weigh in motion violation monitoring systems, in accordance with article 55 ten of this chapter; [or] to comply with bus operation-related traffic 56 regulations as defined by article twenty-four of this chapter in
A. 4523 17 1 violation of the rules of the department of transportation of the city 2 of New York through the installation and operation of bus operation-re- 3 lated photo devices, in accordance with article twenty-four of this 4 chapter; or to comply with street cleaning parking rules as defined by 5 article twenty-four of this chapter through the installation and opera- 6 tion of street cleaning vehicle photo devices, in accordance with arti- 7 cle twenty-four of this chapter, (2) of the impending default judgment, 8 (3) that such judgment will be entered in the Civil Court of the city in 9 which the bureau has been established, or other court of civil jurisdic- 10 tion or any other place provided for the entry of civil judgments within 11 the state of New York, and (4) that a default may be avoided by entering 12 a plea or contesting an allegation of liability in accordance with any 13 provisions of law specifically authorizing the imposition of monetary 14 liability on the owner of a vehicle for failure of an operator thereof: 15 to comply with traffic-control indications in violation of subdivision 16 (d) of section eleven hundred eleven of this chapter through the instal- 17 lation and operation of traffic-control signal photo violation-monitor- 18 ing systems, in accordance with article twenty-four of this chapter; to 19 comply with certain posted maximum speed limits in violation of subdivi- 20 sion (b), (c), (d), (f) or (g) of section eleven hundred eighty of this 21 chapter through the installation and operation of photo speed violation 22 monitoring systems, in accordance with article thirty of this chapter; 23 to comply with bus lane restrictions as defined by article twenty-four 24 of this chapter through the installation and operation of bus lane photo 25 devices, in accordance with article twenty-four of this chapter; to 26 comply with toll collection regulations of certain public authorities 27 through the installation and operation of photo-monitoring systems, in 28 accordance with the provisions of section two thousand nine hundred 29 eighty-five of the public authorities law and sections sixteen-a, 30 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the 31 laws of nineteen hundred fifty; to stop for a school bus displaying a 32 red visual signal in violation of section eleven hundred seventy-four of 33 this chapter through the installation and operation of school bus photo 34 violation monitoring systems, in accordance with article twenty-nine of 35 this chapter; to comply with certain posted maximum speed limits in 36 violation of subdivision (b), (d), (f) or (g) of section eleven hundred 37 eighty of this chapter within a highway construction or maintenance work 38 area through the installation and operation of photo speed violation 39 monitoring systems, in accordance with article thirty of this chapter; 40 to comply with gross vehicle weight and/or axle weight restrictions in 41 violation of section three hundred eighty-five of this chapter and the 42 rules of the department of transportation of the city of New York 43 through the installation and operation of weigh in motion violation 44 monitoring systems, in accordance with article ten of this chapter; [or] 45 to comply with bus operation-related traffic regulations as defined by 46 article twenty-four of this chapter in violation of the rules of the 47 department of transportation of the city of New York through the instal- 48 lation and operation of bus operation-related photo devices, in accord- 49 ance with article twenty-four of this chapter; or to comply with street 50 cleaning parking rules as defined by article twenty-four of this chapter 51 through the installation and operation of street cleaning vehicle photo 52 devices, in accordance with article twenty-four of this chapter; or 53 making an appearance within thirty days of the sending of such notice. 54 Pleas entered and allegations contested within that period shall be in 55 the manner prescribed in the notice and not subject to additional penal- 56 ty or fee. Such notice of impending default judgment shall not be
A. 4523 18 1 required prior to the rendering and entry thereof in the case of opera- 2 tors or owners who are non-residents of the state of New York. In no 3 case shall a default judgment be rendered or, where required, a notice 4 of impending default judgment be sent, more than two years after the 5 expiration of the time prescribed for entering a plea or contesting an 6 allegation. When a person has demanded a hearing, no fine or penalty 7 shall be imposed for any reason, prior to the holding of the hearing. If 8 the hearing examiner shall make a determination on the charges, sustain- 9 ing them, [he or she] such examiner shall impose no greater penalty or 10 fine than those upon which the person was originally charged. 11 § 8. Subparagraph (i) of paragraph a of subdivision 5-a of section 401 12 of the vehicle and traffic law, as amended by section 8 of part MM of 13 chapter 56 of the laws of 2023, is amended to read as follows: 14 (i) If at the time of application for a registration or renewal there- 15 of there is a certification from a court, parking violations bureau, 16 traffic and parking violations agency or administrative tribunal of 17 appropriate jurisdiction that the registrant or [his or her] their 18 representative failed to appear on the return date or any subsequent 19 adjourned date or failed to comply with the rules and regulations of an 20 administrative tribunal following entry of a final decision in response 21 to a total of three or more summonses or other process in the aggregate, 22 issued within an eighteen month period, charging either that: (i) such 23 motor vehicle was parked, stopped or standing, or that such motor vehi- 24 cle was operated for hire by the registrant or [his or her] their agent 25 without being licensed as a motor vehicle for hire by the appropriate 26 local authority, in violation of any of the provisions of this chapter 27 or of any law, ordinance, rule or regulation made by a local authority; 28 or (ii) the registrant was liable for a violation of subdivision (d) of 29 section eleven hundred eleven of this chapter imposed pursuant to a 30 local law or ordinance imposing monetary liability on the owner of a 31 vehicle for failure of an operator thereof to comply with traffic-con- 32 trol indications through the installation and operation of traffic-con- 33 trol signal photo violation-monitoring systems, in accordance with arti- 34 cle twenty-four of this chapter; or (iii) the registrant was liable for 35 a violation of subdivision (b), (c), (d), (f) or (g) of section eleven 36 hundred eighty of this chapter imposed pursuant to a demonstration 37 program imposing monetary liability on the owner of a vehicle for fail- 38 ure of an operator thereof to comply with such posted maximum speed 39 limits through the installation and operation of photo speed violation 40 monitoring systems, in accordance with article thirty of this chapter; 41 or (iv) the registrant was liable for a violation of bus lane 42 restrictions as defined by article twenty-four of this chapter imposed 43 pursuant to a bus rapid transit program imposing monetary liability on 44 the owner of a vehicle for failure of an operator thereof to comply with 45 such bus lane restrictions through the installation and operation of bus 46 lane photo devices, in accordance with article twenty-four of this chap- 47 ter; or (v) the registrant was liable for a violation of section eleven 48 hundred seventy-four of this chapter when meeting a school bus marked 49 and equipped as provided in subdivisions twenty and twenty-one-c of 50 section three hundred seventy-five of this chapter imposed pursuant to a 51 local law or ordinance imposing monetary liability on the owner of a 52 vehicle for failure of an operator thereof to comply with school bus red 53 visual signals through the installation and operation of school bus 54 photo violation monitoring systems, in accordance with article twenty- 55 nine of this chapter; or (vi) the registrant was liable for a violation 56 of section three hundred eighty-five of this chapter and the rules of
A. 4523 19 1 the department of transportation of the city of New York in relation to 2 gross vehicle weight and/or axle weight violations imposed pursuant to a 3 weigh in motion demonstration program imposing monetary liability on the 4 owner of a vehicle for failure of an operator thereof to comply with 5 such gross vehicle weight and/or axle weight restrictions through the 6 installation and operation of weigh in motion violation monitoring 7 systems, in accordance with article ten of this chapter; or (vii) the 8 registrant was liable for a violation of subdivision (b), (d), (f) or 9 (g) of section eleven hundred eighty of this chapter imposed pursuant to 10 a demonstration program imposing monetary liability on the owner of a 11 vehicle for failure of an operator thereof to comply with such posted 12 maximum speed limits within a highway construction or maintenance work 13 area through the installation and operation of photo speed violation 14 monitoring systems, in accordance with article thirty of this 15 chapter[,]; or (viii) the registrant was liable for a violation of bus 16 operation-related traffic regulations as defined by article twenty-four 17 of this chapter imposed pursuant to a demonstration program imposing 18 monetary liability on the owner of a vehicle for failure of an operator 19 thereof to comply with such bus operation-related traffic regulations 20 through the installation and operation of bus operation-related photo 21 devices, in accordance with article twenty-four of this chapter[,]; or 22 (ix) the registrant was liable for a violation of street cleaning park- 23 ing rules as defined by article twenty-four of this chapter imposed 24 pursuant to a program imposing monetary liability on the owner of a 25 vehicle for failure of an operator thereof to comply with such street 26 cleaning parking rules through the installation and operation of street 27 cleaning vehicle photo devices, in accordance with article twenty-four 28 of this chapter, the commissioner or [his or her] their agent shall deny 29 the registration or renewal application until the applicant provides 30 proof from the court, traffic and parking violations agency or adminis- 31 trative tribunal wherein the charges are pending that an appearance or 32 answer has been made or in the case of an administrative tribunal that 33 [he or she] such applicant has complied with the rules and regulations 34 of said tribunal following entry of a final decision. Where an applica- 35 tion is denied pursuant to this section, the commissioner may, in [his 36 or her] their discretion, deny a registration or renewal application to 37 any other person for the same vehicle and may deny a registration or 38 renewal application for any other motor vehicle registered in the name 39 of the applicant where the commissioner has determined that such regis- 40 trant's intent has been to evade the purposes of this subdivision and 41 where the commissioner has reasonable grounds to believe that such 42 registration or renewal will have the effect of defeating the purposes 43 of this subdivision. Such denial shall only remain in effect as long as 44 the summonses remain unanswered, or in the case of an administrative 45 tribunal, the registrant fails to comply with the rules and regulations 46 following entry of a final decision. 47 § 9. Subdivision 1-a of section 1809 of the vehicle and traffic law, 48 as amended by section 9 of part MM of chapter 56 of the laws of 2023, is 49 amended to read as follows: 50 1-a. Notwithstanding the provisions of subdivision one of this 51 section, the provisions of subdivision one of this section shall not 52 apply to an adjudication of liability of owners: (a) for violations of 53 subdivision (d) of section eleven hundred eleven of this chapter imposed 54 pursuant to a local law or ordinance imposing monetary liability on the 55 owner of a vehicle for failure of an operator thereof to comply with 56 traffic-control indications through the installation and operation of
A. 4523 20 1 traffic-control signal photo violation-monitoring systems, in accordance 2 with article twenty-four of this chapter; or (b) for violations of 3 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty 4 of this chapter imposed pursuant to a demonstration program imposing 5 monetary liability on the owner of a vehicle for failure of an operator 6 thereof to comply with such posted maximum speed limits through the 7 installation and operation of photo speed violation monitoring systems, 8 in accordance with article thirty of this chapter; or (c) for violations 9 of bus lane restrictions as defined by article twenty-four of this chap- 10 ter imposed pursuant to a bus rapid transit program imposing monetary 11 liability on the owner of a vehicle for failure of an operator thereof 12 to comply with such bus lane restrictions through the installation and 13 operation of bus lane photo devices, in accordance with article twenty- 14 four of this chapter; or (d) for violations of toll collection regu- 15 lations imposed by certain public authorities pursuant to the law 16 authorizing such public authorities to impose monetary liability on the 17 owner of a vehicle for failure of an operator thereof to comply with 18 toll collection regulations of such public authorities through the 19 installation and operation of photo-monitoring systems, in accordance 20 with the provisions of section two thousand nine hundred eighty-five of 21 the public authorities law and sections sixteen-a, sixteen-b and 22 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen 23 hundred fifty; or (e) for violations of section eleven hundred seventy- 24 four of this chapter when meeting a school bus marked and equipped as 25 provided in subdivisions twenty and twenty-one-c of section three 26 hundred seventy-five of this chapter imposed pursuant to a local law or 27 ordinance imposing monetary liability on the owner of a vehicle for 28 failure of an operator thereof to comply with school bus red visual 29 signals through the installation and operation of school bus photo 30 violation monitoring systems, in accordance with article twenty-nine of 31 this chapter; or (f) for violations of section three hundred eighty-five 32 of this chapter and the rules of the department of transportation of the 33 city of New York in relation to gross vehicle weight and/or axle weight 34 violations imposed pursuant to a weigh in motion demonstration program 35 imposing monetary liability on the owner of a vehicle for failure of an 36 operator thereof to comply with such gross vehicle weight and/or axle 37 weight restrictions through the installation and operation of weigh in 38 motion violation monitoring systems, in accordance with article ten of 39 this chapter; or (g) for violations of subdivision (b), (d), (f) or (g) 40 of section eleven hundred eighty of this chapter imposed pursuant to a 41 demonstration program imposing monetary liability on the owner of a 42 vehicle for failure of an operator thereof to comply with such posted 43 maximum speed limits within a highway construction or maintenance work 44 area through the installation and operation of photo speed violation 45 monitoring systems, in accordance with article thirty of this chapter; 46 or (h) for violations of bus operation-related traffic regulations as 47 defined by article twenty-four of this chapter imposed pursuant to a 48 demonstration program imposing monetary liability on the owner of a 49 vehicle for failure of an operator thereof to comply with such bus oper- 50 ation-related traffic regulations through the installation and operation 51 of bus operation-related photo devices, in accordance with article twen- 52 ty-four of this chapter; or (i) for violations of street cleaning park- 53 ing rules as defined by article twenty-four of this chapter imposed 54 pursuant to a program imposing monetary liability on the owner of a 55 vehicle for failure of an operator thereof to comply with such street 56 cleaning parking rules through the installation and operation of street
A. 4523 21 1 cleaning vehicle photo devices, in accordance with article twenty-four 2 of this chapter. 3 § 10. Subdivision 1 of section 1809-a of the vehicle and traffic law, 4 as amended by section 10 of part MM of chapter 56 of the laws of 2023, 5 is amended to read as follows: 6 1. The provisions of any other general or special law notwithstanding, 7 whenever, in a city having a population of one hundred thousand or more 8 according to the nineteen hundred eighty United States census, 9 proceedings in an administrative tribunal or a court result in a finding 10 of liability, or conviction for the violation of any statute, local law, 11 ordinance or rule involving the parking, stopping or standing of a motor 12 vehicle, except (a) an adjudication of liability of an owner for a 13 violation of bus operation-related traffic regulations as defined by 14 article twenty-four of this chapter imposed pursuant to a demonstration 15 program imposing monetary liability on the owner of a vehicle for fail- 16 ure of an operator thereof to comply with such bus operation-related 17 traffic regulations through the installation and operation of bus opera- 18 tion-related photo devices, in accordance with article twenty-four of 19 this chapter, or (b) an adjudication of liability of an owner for a 20 violation of street cleaning parking rules as defined by article twen- 21 ty-four of this chapter imposed pursuant to a program imposing monetary 22 liability on the owner of a vehicle for failure of an operator thereof 23 to comply with such street cleaning parking rules through the installa- 24 tion and operation of street cleaning vehicle photo devices, in accord- 25 ance with article twenty-four of this chapter, there shall be levied a 26 mandatory surcharge in addition to any other sentence, fine or penalty 27 otherwise permitted or required, in the amount of fifteen dollars. Such 28 surcharge shall not be deemed a monetary penalty for the purposes of 29 section two hundred thirty-seven of this chapter or section 19-203 of 30 the administrative code of the city of New York. 31 § 11. Subdivision 1 of section 1809-aa of the vehicle and traffic law, 32 as amended by section 11 of part MM of chapter 56 of the laws of 2023, 33 is amended to read as follows: 34 1. Notwithstanding any other provision of law, whenever proceedings in 35 an administrative tribunal or court result in a conviction for a 36 violation of section twelve hundred, twelve hundred one or twelve 37 hundred two of this chapter, except (a) an adjudication of liability of 38 an owner for a violation of bus operation-related traffic regulations as 39 defined by article twenty-four of this chapter imposed pursuant to a 40 demonstration program imposing monetary liability on the owner of a 41 vehicle for failure of an operator thereof to comply with such bus oper- 42 ation-related traffic regulations through the installation and operation 43 of bus operation-related photo devices, in accordance with article twen- 44 ty-four of this chapter, or (b) an adjudication of liability of an 45 owner for a violation of street cleaning parking rules as defined by 46 article twenty-four of this chapter imposed pursuant to a program 47 imposing monetary liability on the owner of a vehicle for failure 48 of an operator thereof to comply with such street cleaning parking rules 49 through the installation and operation of street cleaning vehicle photo 50 devices, in accordance with article twenty-four of this chapter, there 51 shall be levied a mandatory surcharge in addition to any other sentence, 52 fine or penalty otherwise permitted or required, in the amount of twen- 53 ty-five dollars. 54 § 12. Paragraph a of subdivision 1 of section 1809-e of the vehicle 55 and traffic law, as amended by section 12 of part MM of chapter 56 of 56 the laws of 2023, is amended to read as follows:
A. 4523 22 1 a. Notwithstanding any other provision of law, whenever proceedings in 2 a court or an administrative tribunal of this state result in a 3 conviction for an offense under this chapter, except a conviction pursu- 4 ant to section eleven hundred ninety-two of this chapter, or for a traf- 5 fic infraction under this chapter, or a local law, ordinance, rule or 6 regulation adopted pursuant to this chapter, except: (i) a traffic 7 infraction involving standing, stopping, or parking or violations by 8 pedestrians or bicyclists; and (ii) an adjudication of liability of an 9 owner for a violation of subdivision (d) of section eleven hundred elev- 10 en of this chapter imposed pursuant to a local law or ordinance imposing 11 monetary liability on the owner of a vehicle for failure of an operator 12 thereof to comply with traffic-control indications through the installa- 13 tion and operation of traffic-control signal photo violation-monitoring 14 systems, in accordance with article twenty-four of this chapter; and 15 (iii) an adjudication of liability of an owner for a violation of subdi- 16 vision (b), (c), (d), (f) or (g) of section eleven hundred eighty of 17 this chapter imposed pursuant to a demonstration program imposing mone- 18 tary liability on the owner of a vehicle for failure of an operator 19 thereof to comply with such posted maximum speed limits through the 20 installation and operation of photo speed violation monitoring systems, 21 in accordance with article thirty of this chapter; and (iv) an adjudi- 22 cation of liability of an owner for a violation of bus lane restrictions 23 as defined by article twenty-four of this chapter imposed pursuant to a 24 bus rapid transit program imposing monetary liability on the owner of a 25 vehicle for failure of an operator thereof to comply with such bus lane 26 restrictions through the installation and operation of bus lane photo 27 devices, in accordance with article twenty-four of this chapter; and (v) 28 an adjudication of liability of an owner for a violation of toll 29 collection regulations imposed by certain public authorities pursuant to 30 the law authorizing such public authorities to impose monetary liability 31 on the owner of a vehicle for failure of an operator thereof to comply 32 with toll collection regulations of such public authorities through the 33 installation and operation of photo-monitoring systems, in accordance 34 with section two thousand nine hundred eighty-five of the public author- 35 ities law or sections sixteen-a, sixteen-b and sixteen-c of chapter 36 seven hundred seventy-four of the laws of nineteen hundred fifty; and 37 (vi) an adjudication of liability of an owner for a violation of section 38 eleven hundred seventy-four of this chapter when meeting a school bus 39 marked and equipped as provided in subdivisions twenty and twenty-one-c 40 of section three hundred seventy-five of this chapter imposed pursuant 41 to a local law or ordinance imposing monetary liability on the owner of 42 a vehicle for failure of an operator thereof to comply with school bus 43 red visual signals through the installation and operation of school bus 44 photo violation monitoring systems, in accordance with article twenty- 45 nine of this chapter; and (vii) an adjudication of liability of an owner 46 for a violation of section three hundred eighty-five of this chapter and 47 the rules of the department of transportation of the city of New York in 48 relation to gross vehicle weight and/or axle weight violations imposed 49 pursuant to a weigh in motion demonstration program imposing monetary 50 liability on the owner of a vehicle for failure of an operator thereof 51 to comply with such gross vehicle weight and/or axle weight restrictions 52 through the installation and operation of weigh in motion violation 53 monitoring systems, in accordance with article ten of this chapter; and 54 (viii) an adjudication of liability of an owner for a violation of 55 subdivision (b), (d), (f) or (g) of section eleven hundred eighty of 56 this chapter imposed pursuant to a demonstration program imposing mone-
A. 4523 23 1 tary liability on the owner of a vehicle for failure of an operator 2 thereof to comply with such posted maximum speed limits within a highway 3 construction or maintenance work area through the installation and oper- 4 ation of photo speed violation monitoring systems, in accordance with 5 article thirty of this chapter; and (ix) an adjudication of liability of 6 an owner for a violation of bus operation-related traffic regulations as 7 defined by article twenty-four of this chapter imposed pursuant to a 8 demonstration program imposing monetary liability on the owner of a 9 vehicle for failure of an operator thereof to comply with such bus oper- 10 ation-related traffic regulations through the installation and operation 11 of bus operation-related photo devices, in accordance with article twen- 12 ty-four of this chapter; and (x) an adjudication of liability of an 13 owner for a violation of street cleaning parking rules as defined by 14 article twenty-four of this chapter imposed pursuant to a program impos- 15 ing monetary liability on the owner of a vehicle for failure of an 16 operator thereof to comply with such street cleaning parking rules 17 through the installation and operation of street cleaning vehicle photo 18 devices, in accordance with article twenty-four of this chapter, there 19 shall be levied in addition to any sentence, penalty or other surcharge 20 required or permitted by law, an additional surcharge of twenty-eight 21 dollars. 22 § 13. Subdivision 2 of section 87 of the public officers law is 23 amended by adding a new paragraph (v) to read as follows: 24 (v) are photographs, microphotographs, videotape or other recorded 25 images prepared under authority of section eleven hundred eleven-i of 26 the vehicle and traffic law. 27 § 14. The purchase or lease of equipment for a demonstration program 28 established pursuant to section 1111-i of the vehicle and traffic law, 29 as added by section one of this act, shall be subject to the provisions 30 of section 103 of the general municipal law. 31 § 15. This act shall take effect one year after it shall have become a 32 law; provided, however, that sections one, thirteen and fourteen of this 33 act shall expire July 1, 2030, when upon such date the provisions of 34 such sections shall be deemed repealed; provided further, however, that: 35 (a) the amendments to subdivision 1 of section 1809-a of the vehicle 36 and traffic law made by section ten of this act shall not affect the 37 repeal of such section and shall be deemed repealed therewith; and 38 (b) effective immediately, the addition, amendment and/or repeal of 39 any rule or regulation necessary for the implementation of section one 40 of this act on its effective date are authorized to be made and 41 completed on or before such effective date.