STATE OF NEW YORK ________________________________________________________________________ 7336 2025-2026 Regular Sessions IN SENATE April 10, 2025 ___________ Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to the use of photo speed violation monitoring systems for the purposes of enforce- ment of license plate obstruction, concealment, and/or distortion violations in the city of New York; to amend chapter 189 of the laws of 2013, amending the vehicle and traffic law and the public officers law relating to establishing in a city with a population of one million or more a demonstration program implementing speed violation monitoring systems in school speed zones by means of photo devices, in relation to making technical corrections and extending such provisions related thereto; and to repeal certain provisions of the vehicle and traffic law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph 3 of subdivision (a) of section 1180-b of the 2 vehicle and traffic law, as added by chapter 189 of the laws of 2013, is 3 amended to read as follows: 4 3. Operators of mobile photo speed violation monitoring systems shall 5 have completed training in the procedures for setting up, testing, and 6 operating such systems. Each such operator shall complete and sign a 7 daily set-up log for each such system that [he or she operates] they 8 operate that (i) states the date and time when, and the location where, 9 the system was set up that day, and (ii) states that such operator 10 successfully performed, and the system passed, the self-tests of such 11 system before producing a recorded image that day. Stationary photo 12 speed violation monitoring systems shall complete a daily self-test for 13 each such system that is operated stating (i) the date and time when, 14 and the location where, the system was set up; and (ii) that the system 15 passed the self-test of such system before producing a recorded image 16 that day. The city shall retain each such daily log or daily self-test EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11567-02-5
S. 7336 2 1 until the later of the date on which the photo speed violation monitor- 2 ing system to which it applies has been permanently removed from use or 3 the final resolution of all cases involving notices of liability issued 4 based on photographs, microphotographs, video or other recorded images 5 produced by such system. 6 § 2. Paragraph 5 of subdivision (a) of section 1180-b of the vehicle 7 and traffic law, as added by chapter 189 of the laws of 2013, is amended 8 to read as follows: 9 5. (i) Such demonstration program shall utilize necessary technologies 10 to ensure, to the extent practicable, that photographs, microphoto- 11 graphs, videotape, or other recorded images produced by such photo speed 12 violation monitoring systems shall not include images that identify the 13 driver, the passengers, or the contents of the vehicle. Provided, 14 however, that no notice of liability issued pursuant to this section 15 shall be dismissed solely because such a photograph, microphotograph, 16 videotape or other recorded image allows for the identification of the 17 driver, the passengers, or the contents of vehicles where the city shows 18 that it made reasonable efforts to comply with the provisions of this 19 paragraph in such case. 20 (ii) Photographs, microphotographs, videotape or any other recorded 21 image from a photo speed violation monitoring system shall be for the 22 exclusive use of the city for the purpose of the adjudication of liabil- 23 ity imposed pursuant to this section, except as needed by any state and 24 local governmental entities for the purposes of enforcement of license 25 plate obstruction, concealment, and/or distortion violations and for the 26 purpose of the owner receiving a notice of liability pursuant to this 27 section, and shall be destroyed by the city upon the final resolution of 28 the notice of liability to which such photographs, microphotographs, 29 videotape or other recorded images relate, or one year following the 30 date of issuance of such notice of liability, whichever is later. 31 Notwithstanding the provisions of any other law, rule or regulation to 32 the contrary, photographs, microphotographs, videotape or any other 33 recorded image from a photo speed violation monitoring system shall not 34 be open to the public, nor subject to civil or criminal process or 35 discovery, nor used by any court or administrative or adjudicatory body 36 in any action or proceeding therein except that which is necessary for 37 the adjudication of a notice of liability issued pursuant to this 38 section, and no public entity or employee, officer or agent thereof 39 shall disclose such information, except that such photographs, micropho- 40 tographs, videotape or any other recorded images from such systems: 41 (A) shall be available for inspection and copying and use by the motor 42 vehicle owner and operator for so long as such photographs, microphoto- 43 graphs, videotape or other recorded images are required to be maintained 44 or are maintained by such public entity, employee, officer or agent; and 45 (B) (1) shall be furnished when described in a search warrant issued 46 by a court authorized to issue such a search warrant pursuant to article 47 six hundred ninety of the criminal procedure law or a federal court 48 authorized to issue such a search warrant under federal law, where such 49 search warrant states that there is reasonable cause to believe such 50 information constitutes evidence of, or tends to demonstrate that, a 51 misdemeanor or felony offense was committed in this state or another 52 state, or that a particular person participated in the commission of a 53 misdemeanor or felony offense in this state or another state, provided, 54 however, that if such offense was against the laws of another state, the 55 court shall only issue a warrant if the conduct comprising such offense
S. 7336 3 1 would, if occurring in this state, constitute a misdemeanor or felony 2 against the laws of this state; and 3 (2) shall be furnished in response to a subpoena duces tecum signed by 4 a judge of competent jurisdiction and issued pursuant to article six 5 hundred ten of the criminal procedure law or a judge or magistrate of a 6 federal court authorized to issue such a subpoena duces tecum under 7 federal law, where the judge finds and the subpoena states that there is 8 reasonable cause to believe such information is relevant and material to 9 the prosecution, or the defense, or the investigation by an authorized 10 law enforcement official, of the alleged commission of a misdemeanor or 11 felony in this state or another state, provided, however, that if such 12 offense was against the laws of another state, such judge or magistrate 13 shall only issue such subpoena if the conduct comprising such offense 14 would, if occurring in this state, constitute a misdemeanor or felony in 15 this state; and 16 (3) may, if lawfully obtained pursuant to this clause and clause (A) 17 of this subparagraph and otherwise admissible, be used in such criminal 18 action or proceeding. 19 (iii) Notwithstanding any provision of this paragraph to the contrary, 20 where a notice of liability for a violation of this section is being 21 sent to a vehicle owner pursuant to subdivision (h) of this section, and 22 such photograph, microphotograph, videotape or other recorded image from 23 a photo speed violation monitoring system reveals evidence of a 24 violation of subparagraph (ii), (ii-a), or (iii) of paragraph (b) of 25 subdivision one of section four hundred two of this chapter, the city 26 shall further issue a notice of liability for such violation as 27 prescribed herein. 28 § 3. Subdivisions (f), (g), (h), (i), (j), (k), (l), (m), (n), and (o) 29 of section 1180-b of the vehicle and traffic law, subdivisions (f), (g), 30 (h), (i), (j), (k), (l), (m) and (o) as added by chapter 189 of the laws 31 of 2013, and subdivision (n) as amended by chapter 30 of the laws of 32 2019, are amended to read as follows: 33 (f) An owner liable for a violation of subparagraph (ii), (ii-a), or 34 (iii) of paragraph (b) of subdivision one of section four hundred two of 35 this chapter shall be liable for a fine of two hundred fifty dollars. 36 (g) An imposition of liability under the demonstration program estab- 37 lished pursuant to this section shall not be deemed a conviction as an 38 operator and shall not be made part of the operating record of the 39 person upon whom such liability is imposed nor shall it be used for 40 insurance purposes in the provision of motor vehicle insurance coverage. 41 [(g)] (h) 1. A notice of liability shall be sent by first class mail 42 to each person alleged to be liable as an owner for a violation of 43 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty 44 of this article or for a violation of subparagraph (ii), (ii-a), or 45 (iii) of paragraph (b) of subdivision one of section four hundred two of 46 this chapter pursuant to this section, within fourteen business days if 47 such owner is a resident of this state and within forty-five business 48 days if such owner is a non-resident, unless the vehicle's license plate 49 is obstructed, concealed, and/or distorted in which case such notices of 50 liability shall be sent within forty-five business days. Personal deliv- 51 ery on the owner shall not be required. A manual or automatic record of 52 mailing prepared in the ordinary course of business shall be prima facie 53 evidence of the facts contained therein. 54 2. A notice of liability shall contain the name and address of the 55 person alleged to be liable as an owner for a violation of subdivision 56 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this arti-
S. 7336 4 1 cle or for a violation of subparagraph (ii), (ii-a), or (iii) of para- 2 graph (b) of subdivision one of section four hundred two of this chapter 3 pursuant to this section, the registration number of the vehicle 4 involved in such violation, the location where such violation took 5 place, the date and time of such violation, the identification number of 6 the camera which recorded the violation or other document locator 7 number, at least two date and time stamped images of the rear of the 8 motor vehicle that include the same stationary object near the motor 9 vehicle, and the certificate charging the liability. 10 3. The notice of liability shall contain information advising the 11 person charged of the manner and the time in which [he or she] they may 12 contest the liability alleged in the notice. Such notice of liability 13 shall also contain a prominent warning to advise the person charged that 14 failure to contest in the manner and time provided shall be deemed an 15 admission of liability and that a default judgment may be entered there- 16 on. 17 4. The notice of liability shall be prepared and mailed by the city of 18 New York, or by any other entity authorized by the city to prepare and 19 mail such notice of liability. 20 [(h)] (i) Adjudication of the liability imposed upon owners of this 21 section shall be by the New York city parking violations bureau. 22 [(i)] (j) If an owner receives a notice of liability pursuant to this 23 section for any time period during which the vehicle or the number plate 24 or plates of such vehicle was reported to the police department as 25 having been stolen, it shall be a valid defense to an allegation of 26 liability for a violation of subdivision (b), (c), (d), (f) or (g) of 27 section eleven hundred eighty of this article pursuant to this section 28 that the vehicle or the number plate or plates of such vehicle had been 29 reported to the police as stolen prior to the time the violation 30 occurred and had not been recovered by such time. For purposes of 31 asserting the defense provided by this subdivision, it shall be suffi- 32 cient that a certified copy of the police report on the stolen vehicle 33 or number plate or plates of such vehicle be sent by first class mail to 34 the New York city parking violations bureau, or by any other entity 35 authorized by the city to prepare and mail such notice of liability. 36 [(j) Adjudication of the liability imposed upon owners of this section 37 shall be by the New York city parking violations bureau.] 38 (k) 1. An owner who is a lessor of a vehicle to which a notice of 39 liability was issued pursuant to subdivision [(g)] (h) of this section 40 shall not be liable for the violation of subdivision (b), (c), (d), (f) 41 or (g) of section eleven hundred eighty of this article pursuant to this 42 section, provided that: 43 (i) prior to the violation, the lessor has filed with such parking 44 violations bureau in accordance with the provisions of section two 45 hundred thirty-nine of this chapter; and 46 (ii) within thirty-seven days after receiving notice from such bureau 47 of the date and time of a liability, together with the other information 48 contained in the original notice of liability, the lessor submits to 49 such bureau the correct name and address of the lessee of the vehicle 50 identified in the notice of liability at the time of such violation, 51 together with such other additional information contained in the rental, 52 lease or other contract document, as may be reasonably required by such 53 bureau pursuant to regulations that may be promulgated for such purpose. 54 2. Failure to comply with subparagraph (ii) of paragraph [(a)] one of 55 this subdivision shall render the owner liable for the penalty 56 prescribed in this section.
S. 7336 5 1 3. Where the lessor complies with the provisions of paragraph [(a)] 2 one of this subdivision, the lessee of such vehicle on the date of such 3 violation shall be deemed to be the owner of such vehicle for purposes 4 of this section, shall be subject to liability for such violation pursu- 5 ant to this section and shall be sent a notice of liability pursuant to 6 subdivision [nine] (h) of this section. 7 (l) 1. If the owner liable for a violation of subdivision (c) or (d) 8 of section eleven hundred eighty of this article pursuant to this 9 section was not the operator of the vehicle at the time of the 10 violation, the owner may maintain an action for indemnification against 11 the operator. 12 2. Notwithstanding any other provision of this section, no owner of a 13 vehicle shall be subject to a monetary fine imposed pursuant to this 14 section if the operator of such vehicle was operating such vehicle with- 15 out the consent of the owner at the time such operator operated such 16 vehicle in violation of subdivision (b), (c), (d), (f) or (g) of section 17 eleven hundred eighty of this article. For purposes of this subdivision 18 there shall be a presumption that the operator of such vehicle was oper- 19 ating such vehicle with the consent of the owner at the time of such 20 operator operated such vehicle in violation of subdivision (b), (c), 21 (d), (f) or (g) of section eleven hundred eighty of this article. 22 (m) Nothing in this section shall be construed to limit the liability 23 of an operator of a vehicle for any violation of subdivision (c) or (d) 24 of section eleven hundred eighty of this article. 25 (n) If the city adopts a demonstration program pursuant to subdivision 26 (a) of this section it shall conduct a study and submit an annual report 27 on the results of the use of photo devices to the governor, the tempo- 28 rary president of the senate, and the speaker of the assembly on or 29 before June first, two thousand twenty and on the same date in each 30 succeeding year in which the demonstration program is operable. Such 31 report shall include: 32 1. the locations where and dates when photo speed violation monitoring 33 systems were used; 34 2. the aggregate number, type, and severity of crashes, fatalities, 35 injuries, and property damage reported within all school speed zones 36 within the city, to the extent the information is maintained by the 37 department of motor vehicles of this state; 38 3. the aggregate number, type, and severity of crashes, fatalities, 39 injuries, and property damage reported within school speed zones where 40 photo speed violation monitoring systems were used, to the extent the 41 information is maintained by the department of motor vehicles of this 42 state; 43 4. the number of violations recorded within all school speed zones 44 where a photo speed violation monitoring system is used within the city, 45 in the aggregate on a daily, weekly, and monthly basis; 46 5. the number of violations recorded within each school speed zone 47 where a photo speed violation monitoring system is used, in the aggre- 48 gate on a daily, weekly, and monthly basis; 49 6. the number of violations recorded within all school speed zones 50 where a photo speed violation monitoring system is used within the city 51 that were: 52 (i) more than ten but not more than twenty miles per hour over the 53 posted speed limit; 54 (ii) more than twenty but not more than thirty miles per hour over the 55 posted speed limit;
S. 7336 6 1 (iii) more than thirty but not more than forty miles per hour over the 2 posted speed limit; and 3 (iv) more than forty miles per hour over the posted speed limit; 4 7. the number of violations recorded within each school speed zone 5 where a photo speed violation monitoring system is used that were: 6 (i) more than ten but not more than twenty miles per hour over the 7 posted speed limit; 8 (ii) more than twenty but not more than thirty miles per hour over the 9 posted speed limit; 10 (iii) more than thirty but not more than forty miles per hour over the 11 posted speed limit; and 12 (iv) more than forty miles per hour over the posted speed limit; 13 8. the number of violations reported in paragraphs two through seven 14 of this subdivision that also involved a violation of subparagraph (ii), 15 (ii-a), or (iii) of paragraph (b) of subdivision one of section four 16 hundred two of this chapter. 17 9. the total number of notices of liability issued for violations 18 recorded by such systems; 19 [9.] 10. the total number of instances when a photo speed violation 20 monitoring system recorded a violation within a school speed zone but 21 was unable to issue a notice of liability due to license plate 22 obstruction, concealment, and/or distortion; 23 11. the number of fines and total amount of fines paid after the first 24 notice of liability issued for violations recorded by such systems; 25 [10.] 12. the number of violations adjudicated and the results of such 26 adjudications including breakdowns of dispositions made for violations 27 recorded by such systems; 28 [11.] 13. the total amount of revenue realized by the city in 29 connection with the program; 30 [12.] 14. the expenses incurred by the city in connection with the 31 program; 32 [13.] 15. the quality of the adjudication process and its results; and 33 [14.] 16. the total amount of revenue expended on traffic and pedes- 34 trian safety within the city of New York[; and 35 15. the effectiveness and adequacy of the hours of operation for such 36 program to determine the impact on speeding violations and prevention of 37 crashes]. 38 (o) It shall be a defense to any prosecution for a violation of subdi- 39 vision (b), (c), (d), (f) or (g) of section eleven hundred eighty of 40 this article or for a violation of subparagraph (ii), (ii-a), or (iii) 41 of paragraph (b) of subdivision one of section four hundred two of this 42 chapter pursuant to this section that such photo speed violation moni- 43 toring system was malfunctioning at the time of the alleged violation. 44 § 4. Subdivision 1 of section 235 of the vehicle and traffic law, as 45 amended by section 2 of part MM of chapter 56 of the laws of 2023, is 46 amended to read as follows: 47 1. Notwithstanding any inconsistent provision of any general, special 48 or local law or administrative code to the contrary, in any city which 49 heretofore or hereafter is authorized to establish an administrative 50 tribunal: (a) to hear and determine complaints of traffic infractions 51 constituting parking, standing or stopping violations, or (b) to adjudi- 52 cate the liability of owners for violations of subdivision (d) of 53 section eleven hundred eleven of this chapter imposed pursuant to a 54 local law or ordinance imposing monetary liability on the owner of a 55 vehicle for failure of an operator thereof to comply with traffic-con- 56 trol indications through the installation and operation of traffic-con-
S. 7336 7 1 trol signal photo violation-monitoring systems, in accordance with arti- 2 cle twenty-four of this chapter, or (c) to adjudicate the liability of 3 owners for violations of subdivision (b), (c), (d), (f) or (g) of 4 section eleven hundred eighty of this chapter or for violations of 5 subparagraph (ii), (ii-a), or (iii) of paragraph (b) of subdivision one 6 of section four hundred two of this chapter imposed pursuant to a demon- 7 stration program imposing monetary liability on the owner of a vehicle 8 for failure of an operator thereof to comply with such posted maximum 9 speed limits through the installation and operation of photo speed 10 violation monitoring systems, in accordance with article thirty of this 11 chapter, or (d) to adjudicate the liability of owners for violations of 12 bus lane restrictions as defined by article twenty-four of this chapter 13 imposed pursuant to a bus rapid transit program imposing monetary 14 liability on the owner of a vehicle for failure of an operator thereof 15 to comply with such bus lane restrictions through the installation and 16 operation of bus lane photo devices, in accordance with article twenty- 17 four of this chapter, or (e) to adjudicate the liability of owners for 18 violations of toll collection regulations imposed by certain public 19 authorities pursuant to the law authorizing such public authorities to 20 impose monetary liability on the owner of a vehicle for failure of an 21 operator thereof to comply with toll collection regulations of such 22 public authorities through the installation and operation of photo-moni- 23 toring systems, in accordance with the provisions of section two thou- 24 sand nine 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 (f) to adjudicate the liabil- 27 ity of owners for violations of section eleven hundred seventy-four of 28 this chapter when meeting a school bus marked and equipped as provided 29 in subdivisions twenty and twenty-one-c of section three hundred seven- 30 ty-five of this chapter imposed pursuant to a local law or ordinance 31 imposing monetary liability on the owner of a vehicle for failure of an 32 operator thereof to comply with school bus red visual signals through 33 the installation and operation of school bus photo violation monitoring 34 systems, in accordance with article twenty-nine of this chapter, or (g) 35 to adjudicate the liability of owners for violations of section three 36 hundred eighty-five of this chapter and the rules of the department of 37 transportation of the city of New York in relation to gross vehicle 38 weight and/or axle weight violations imposed pursuant to a weigh in 39 motion demonstration program imposing monetary liability on the owner of 40 a 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 (h) 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 (i) 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
S. 7336 8 1 devices, in accordance with article twenty-four of this chapter, such 2 tribunal and the rules and regulations pertaining thereto shall be 3 constituted in substantial conformance with the following sections. 4 § 5. Subdivision 1 of section 236 of the vehicle and traffic law, as 5 amended by section 3 of part MM of chapter 56 of the laws of 2023, is 6 amended to read as follows: 7 1. Creation. In any city as hereinbefore or hereafter authorized such 8 tribunal when created shall be known as the parking violations bureau 9 and shall have jurisdiction of traffic infractions which constitute a 10 parking violation and, where authorized: (a) to adjudicate the liability 11 of owners for violations of subdivision (d) of section eleven hundred 12 eleven of this chapter imposed pursuant to a local law or ordinance 13 imposing monetary liability on the owner of a vehicle for failure of an 14 operator thereof to comply with traffic-control indications through the 15 installation and operation of traffic-control signal photo violation- 16 monitoring systems, in accordance with article twenty-four of this chap- 17 ter, or (b) to adjudicate the liability of owners for violations of 18 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty 19 or for violations of subparagraph (ii), (ii-a), or (iii) of paragraph 20 (b) of subdivision one of section four hundred two of this chapter 21 imposed pursuant to a demonstration program imposing monetary liability 22 on the owner of a vehicle for failure of an operator thereof to comply 23 with such posted maximum speed limits through the installation and oper- 24 ation of photo speed violation monitoring systems, in accordance with 25 article thirty of this chapter, or (c) to adjudicate the liability of 26 owners for violations of bus lane restrictions as defined by article 27 twenty-four of this chapter imposed pursuant to a bus rapid transit 28 program imposing monetary liability on the owner of a vehicle for fail- 29 ure of an operator thereof to comply with such bus lane restrictions 30 through the installation and operation of bus lane photo devices, in 31 accordance with article twenty-four of this chapter, or (d) to adjudi- 32 cate the liability of owners for violations of toll collection regu- 33 lations imposed by certain public authorities pursuant to the law 34 authorizing such public authorities to impose monetary liability on the 35 owner of a vehicle for failure of an operator thereof to comply with 36 toll collection regulations of such public authorities through the 37 installation and operation of photo-monitoring systems, in accordance 38 with the provisions of section two thousand nine hundred eighty-five of 39 the public authorities law and sections sixteen-a, sixteen-b and 40 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen 41 hundred fifty, or (e) to adjudicate the liability of owners for 42 violations of section eleven hundred seventy-four of this chapter when 43 meeting a school bus marked and equipped as provided in subdivisions 44 twenty and twenty-one-c of section three hundred seventy-five of this 45 chapter imposed pursuant to a local law or ordinance imposing monetary 46 liability on the owner of a vehicle for failure of an operator thereof 47 to comply with school bus red visual signals through the installation 48 and operation of school bus photo violation monitoring systems, in 49 accordance with article twenty-nine of this chapter, or (f) to adjudi- 50 cate the liability of owners for violations of section three hundred 51 eighty-five of this chapter and the rules of the department of transpor- 52 tation of the city of New York in relation to gross vehicle weight 53 and/or axle weight violations imposed pursuant to a weigh in motion 54 demonstration program imposing monetary liability on the owner of a 55 vehicle for failure of an operator thereof to comply with such gross 56 vehicle weight and/or axle weight restrictions through the installation
S. 7336 9 1 and operation of weigh in motion violation monitoring systems, in 2 accordance with article ten of this chapter, or (g) to adjudicate the 3 liability of owners for violations of subdivision (b), (d), (f) or (g) 4 of section eleven hundred eighty of this chapter imposed pursuant to a 5 demonstration program imposing monetary liability on the owner of a 6 vehicle for failure of an operator thereof to comply with such posted 7 maximum speed limits within a highway construction or maintenance work 8 area through the installation and operation of photo speed violation 9 monitoring systems, in accordance with article thirty of this chapter, 10 or (h) to adjudicate the liability of owners for violations of bus oper- 11 ation-related traffic regulations as defined by article twenty-four of 12 this chapter imposed pursuant to a demonstration program imposing mone- 13 tary liability on the owner of a vehicle for failure of an operator 14 thereof to comply with such bus operation-related traffic regulations 15 through the installation and operation of bus operation-related photo 16 devices, in accordance with article twenty-four of this chapter. Such 17 tribunal, except in a city with a population of one million or more, 18 shall also have jurisdiction of abandoned vehicle violations. For the 19 purposes of this article, a parking violation is the violation of any 20 law, rule or regulation providing for or regulating the parking, stop- 21 ping or standing of a vehicle. In addition for purposes of this article, 22 "commissioner" shall mean and include the commissioner of traffic of the 23 city or an official possessing authority as such a commissioner. 24 § 6. Paragraph f of subdivision 1 of section 239 of the vehicle and 25 traffic law, as amended by section 4 of part MM of chapter 56 of the 26 laws of 2023, 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 articles ten, twenty-four, twenty-nine and 31 thirty of this chapter, section two thousand nine hundred eighty-five of 32 the public authorities law and sections sixteen-a, sixteen-b and 33 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen 34 hundred fifty to impose monetary liability on the owner of a vehicle for 35 failure of an operator thereof: to comply with traffic-control indi- 36 cations in violation of subdivision (d) of section eleven hundred eleven 37 of this chapter through the installation and operation of traffic-con- 38 trol signal photo violation-monitoring systems, in accordance with arti- 39 cle twenty-four of this chapter; or to comply with certain posted maxi- 40 mum speed limits in violation of subdivision (b), (c), (d), (f) or (g) 41 of section eleven hundred eighty or for violating subparagraph (ii), 42 (ii-a), or (iii) of paragraph (b) of subdivision one of section four 43 hundred two of this chapter through the installation and operation of 44 photo speed violation monitoring systems, in accordance with article 45 thirty of this chapter; or to comply with bus lane restrictions as 46 defined by article twenty-four of this chapter through the installation 47 and operation of bus lane photo devices, in accordance with article 48 twenty-four of this chapter; or to comply with toll collection regu- 49 lations of certain public authorities through the installation and oper- 50 ation of photo-monitoring systems, in accordance with the provisions of 51 section two thousand nine hundred eighty-five of the public authorities 52 law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven 53 hundred seventy-four of the laws of nineteen hundred fifty; or to stop 54 for a school bus displaying a red visual signal in violation of section 55 eleven hundred seventy-four of this chapter through the installation and 56 operation of school bus photo violation monitoring systems, in accord-
S. 7336 10 1 ance with article twenty-nine of this chapter; or to comply with certain 2 posted maximum speed limits in violation of subdivision (b), (d), (f) or 3 (g) of section eleven hundred eighty of this chapter within a highway 4 construction or maintenance work area through the installation and oper- 5 ation of photo speed violation monitoring systems, in accordance with 6 article thirty of this chapter; or to comply with gross vehicle weight 7 and/or axle weight restrictions in violation of section three hundred 8 eighty-five of this chapter and the rules of the department of transpor- 9 tation of the city of New York through the installation and operation of 10 weigh in motion violation monitoring systems, in accordance with article 11 ten of this chapter; or to comply with bus operation-related traffic 12 regulations as defined by article twenty-four of this chapter in 13 violation of the rules of the department of transportation of the city 14 of New York through the installation and operation of bus operation-re- 15 lated photo devices, in accordance with article twenty-four of this 16 chapter. 17 § 7. Subdivisions 1 and 1-a of section 240 of the vehicle and traffic 18 law, as amended by section 5 of part MM of chapter 56 of the laws of 19 2023, are amended to read as follows: 20 1. Notice of hearing. Whenever a person charged with a parking 21 violation enters a plea of not guilty; or a person alleged to be liable 22 in accordance with any provisions of law specifically authorizing the 23 imposition of monetary liability on the owner of a vehicle for failure 24 of an operator thereof: to comply with traffic-control indications in 25 violation of subdivision (d) of section eleven hundred eleven of this 26 chapter through the installation and operation of traffic-control signal 27 photo violation-monitoring systems, in accordance with article twenty- 28 four of this chapter; or to comply with certain posted maximum speed 29 limits in violation of subdivision (b), (c), (d), (f) or (g) of section 30 eleven hundred eighty or for violating subparagraph (ii), (ii-a), or 31 (iii) of paragraph (b) of subdivision one of section four hundred two of 32 this chapter through the installation and operation of photo speed 33 violation monitoring systems, in accordance with article thirty of this 34 chapter; or to comply with bus lane restrictions as defined by article 35 twenty-four of this chapter through the installation and operation of 36 bus lane photo devices, in accordance with article twenty-four of this 37 chapter; or to comply with toll collection regulations of certain public 38 authorities through the installation and operation of photo-monitoring 39 systems, in accordance with the provisions of section two thousand nine 40 hundred eighty-five of the public authorities law and sections 41 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four 42 of the laws of nineteen hundred fifty; or to stop for a school bus 43 displaying a red visual signal in violation of section eleven hundred 44 seventy-four of this chapter through the installation and operation of 45 school bus photo violation monitoring systems, in accordance with arti- 46 cle twenty-nine of this chapter; or to comply with certain posted maxi- 47 mum speed limits in violation of subdivision (b), (d), (f) or (g) of 48 section eleven hundred eighty of this chapter within a highway 49 construction or maintenance work area through the installation and oper- 50 ation of photo speed violation monitoring systems, in accordance with 51 article thirty of this chapter; or to comply with gross vehicle weight 52 and/or axle weight restrictions in violation of section three hundred 53 eighty-five of this chapter and the rules of the department of transpor- 54 tation of the city of New York through the installation and operation of 55 weigh in motion violation monitoring systems, in accordance with article 56 ten of this chapter; or to comply with bus operation-related traffic
S. 7336 11 1 regulations as defined by article twenty-four of this chapter in 2 violation of the rules of the department of transportation of the city 3 of New York through the installation and operation of bus operation-re- 4 lated photo devices, in accordance with article twenty-four of this 5 chapter, contests such allegation, the bureau shall advise such person 6 personally by such form of first class mail as the director may direct 7 of the date on which [he or she] they must appear to answer the charge 8 at a hearing. The form and content of such notice of hearing shall be 9 prescribed by the director, and shall contain a warning to advise the 10 person so pleading or contesting that failure to appear on the date 11 designated, or on any subsequent adjourned date, shall be deemed an 12 admission of liability, and that a default judgment may be entered ther- 13 eon. 14 1-a. Fines and penalties. Whenever a plea of not guilty has been 15 entered, or the bureau has been notified that an allegation of liability 16 in accordance with provisions of law specifically authorizing the impo- 17 sition of monetary liability on the owner of a vehicle for failure of an 18 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 or for violating subparagraph (ii), (ii-a), or 25 (iii) of paragraph (b) of subdivision one of section four hundred two of 26 this chapter through the installation and operation of photo speed 27 violation monitoring systems, in accordance with article thirty of this 28 chapter; or to comply with bus lane restrictions as defined by article 29 twenty-four of this chapter through the installation and operation of 30 bus lane photo devices, in accordance with article twenty-four of this 31 chapter; or to comply with toll collection regulations of certain public 32 authorities through the installation and operation of photo-monitoring 33 systems, in accordance with the provisions of section two thousand nine 34 hundred eighty-five of the public authorities law and sections 35 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four 36 of the laws of nineteen hundred fifty; or to stop for a school bus 37 displaying a red visual signal in violation of section eleven hundred 38 seventy-four of this chapter through the installation and operation of 39 school bus photo violation monitoring systems, in accordance with arti- 40 cle twenty-nine of this chapter; or to comply with certain posted maxi- 41 mum speed limits in violation of subdivision (b), (d), (f) or (g) of 42 section eleven hundred eighty of this chapter within a highway 43 construction or maintenance work area through the installation and oper- 44 ation of photo speed violation monitoring systems, in accordance with 45 article thirty of this chapter; or to comply with gross vehicle weight 46 and/or axle weight restrictions in violation of section three hundred 47 eighty-five of this chapter and the rules of the department of transpor- 48 tation of the city of New York through the installation and operation of 49 weigh in motion violation monitoring systems, in accordance with article 50 ten of this chapter; or to comply with bus operation-related traffic 51 regulations as defined by article twenty-four of this chapter in 52 violation of the rules of the department of transportation of the city 53 of New York through the installation and operation of bus operation-re- 54 lated photo devices, in accordance with article twenty-four of this 55 chapter, is being contested, by a person in a timely fashion and a hear- 56 ing upon the merits has been demanded, but has not yet been held, the
S. 7336 12 1 bureau shall not issue any notice of fine or penalty to that person 2 prior to the date of the hearing. 3 § 8. Paragraphs a and g of subdivision 2 of section 240 of the vehicle 4 and traffic law, as amended by section 6 of part MM of chapter 56 of the 5 laws of 2023, are amended to read as follows: 6 a. Every hearing for the adjudication of a charge of parking violation 7 or an allegation of liability of an owner for a violation of subdivision 8 (d) of section eleven hundred eleven of this chapter imposed pursuant to 9 a local law or ordinance imposing monetary liability on the owner of a 10 vehicle for failure of an operator thereof to comply with traffic-con- 11 trol indications through the installation and operation of traffic-con- 12 trol signal photo violation-monitoring systems, in accordance with arti- 13 cle twenty-four of this chapter, or an allegation of liability of an 14 owner for a violation of subdivision (b), (c), (d), (f) or (g) of 15 section eleven hundred eighty or for a violation of subparagraph (ii), 16 (ii-a), or (iii) of paragraph (b) of subdivision one of section four 17 hundred two of this chapter imposed pursuant to a demonstration program 18 imposing monetary liability on the owner of a vehicle for failure of an 19 operator thereof to comply with certain posted maximum speed limits 20 through the installation and operation of photo speed violation monitor- 21 ing systems, in accordance with article thirty of this chapter, or an 22 allegation of liability of an owner for a violation of bus lane 23 restrictions as defined by article twenty-four of this chapter imposed 24 pursuant to a bus rapid transit program imposing monetary liability on 25 the owner of a vehicle for failure of an operator thereof to comply with 26 such bus lane restrictions through the installation and operation of bus 27 lane photo devices, in accordance with article twenty-four of this chap- 28 ter, or an allegation 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 the provisions of section two thousand nine hundred eighty-five of 35 the public authorities law and sections sixteen-a, sixteen-b and 36 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen 37 hundred fifty, or an allegation of liability of an owner for a violation 38 of section eleven hundred seventy-four of this chapter when meeting a 39 school bus marked and equipped as provided in subdivisions twenty and 40 twenty-one-c of section three hundred seventy-five of this chapter 41 imposed pursuant to a local law or ordinance imposing monetary liability 42 on the owner of a vehicle for failure of an operator thereof to comply 43 with school bus red visual signals through the installation and opera- 44 tion of school bus photo violation monitoring systems, in accordance 45 with article twenty-nine of this chapter, or an allegation of liability 46 of an owner for a violation of subdivision (b), (d), (f) or (g) of 47 section eleven hundred eighty 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 certain posted 50 maximum speed limits within a highway construction or maintenance work 51 area through the installation and operation of photo speed violation 52 monitoring systems, in accordance with article thirty of this chapter, 53 or an allegation of liability of an owner for a violation of section 54 three hundred eighty-five of this chapter and the rules of the depart- 55 ment of transportation of the city of New York in relation to gross 56 vehicle weight and/or axle weight violations imposed pursuant to a weigh
S. 7336 13 1 in motion demonstration program imposing monetary liability on the owner 2 of a vehicle for failure of an operator thereof to comply with such 3 gross vehicle weight and/or axle weight restrictions through the instal- 4 lation and operation of weigh in motion violation monitoring systems, in 5 accordance with article ten of this chapter, or an allegation of liabil- 6 ity of an owner for a violation of bus operation-related traffic regu- 7 lations as defined by article twenty-four of this chapter imposed pursu- 8 ant to a demonstration program imposing monetary liability on the owner 9 of a vehicle for failure of an operator thereof to comply with such bus 10 operation-related traffic regulations through the installation and oper- 11 ation of bus operation-related photo devices, in accordance with article 12 twenty-four of this chapter, shall be held before a hearing examiner in 13 accordance with rules and regulations promulgated by the bureau. 14 g. A record shall be made of a hearing on a plea of not guilty or of a 15 hearing at which liability in accordance with any provisions of law 16 specifically authorizing the imposition of monetary liability on the 17 owner of a vehicle for failure of an operator thereof: to comply with 18 traffic-control indications in violation of subdivision (d) of section 19 eleven hundred eleven of this chapter through the installation and oper- 20 ation of traffic-control signal photo violation-monitoring systems, in 21 accordance with article twenty-four of this chapter; to comply with 22 certain posted maximum speed limits in violation of subdivision (b), 23 (c), (d), (f) or (g) of section eleven hundred eighty or for violating 24 subparagraph (ii), (ii-a), or (iii) of paragraph (b) of subdivision one 25 of section four hundred two of this chapter through the installation and 26 operation of photo speed violation monitoring systems, in accordance 27 with article thirty of this chapter; to comply with bus lane 28 restrictions as defined by article twenty-four of this chapter through 29 the installation and operation of bus lane photo devices, in accordance 30 with article twenty-four of this chapter; to comply with toll collection 31 regulations of certain public authorities through the installation and 32 operation of photo-monitoring systems, in accordance with the provisions 33 of section two thousand nine hundred eighty-five of the public authori- 34 ties law and sections sixteen-a, sixteen-b and sixteen-c of chapter 35 seven hundred seventy-four of the laws of nineteen hundred fifty; to 36 stop for a school bus displaying a red visual signal in violation of 37 section eleven hundred seventy-four of this chapter through the instal- 38 lation and operation of school bus photo violation monitoring systems, 39 in accordance with article twenty-nine of this chapter; to comply with 40 certain posted maximum speed limits in violation of subdivision (b), 41 (d), (f) or (g) of section eleven hundred eighty of this chapter within 42 a highway construction or maintenance work area through the installation 43 and operation of photo speed violation monitoring systems, in accordance 44 with article thirty of this chapter; to comply with gross vehicle weight 45 and/or axle weight restrictions in violation of section three hundred 46 eighty-five of this chapter and the rules of the department of transpor- 47 tation of the city of New York through the installation and operation of 48 weigh in motion violation monitoring systems, in accordance with article 49 ten of this chapter; or to comply with bus operation-related traffic 50 regulations as defined by article twenty-four of this chapter in 51 violation of the rules of the department of transportation of the city 52 of New York through the installation and operation of bus operation-re- 53 lated photo devices, in accordance with article twenty-four of this 54 chapter, is contested. Recording devices may be used for the making of 55 the record.
S. 7336 14 1 § 9. Subdivisions 1 and 2 of section 241 of the vehicle and traffic 2 law, as amended by section 7 of part MM of chapter 56 of the laws of 3 2023, are 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] they may examine 7 either the prior parking violations record or the record of liabilities 8 incurred in accordance with any provisions of law specifically authoriz- 9 ing the imposition of monetary liability on the owner of a vehicle for 10 failure of an operator thereof: to comply with traffic-control indi- 11 cations in violation of subdivision (d) of section eleven hundred eleven 12 of this chapter through the installation and operation of traffic-con- 13 trol signal photo violation-monitoring systems, in accordance with arti- 14 cle twenty-four of this chapter; to comply with certain posted maximum 15 speed limits in violation of subdivision (b), (c), (d), (f) or (g) of 16 section eleven hundred eighty or for violating subparagraph (ii), 17 (ii-a), or (iii) of paragraph (b) of subdivision one of section four 18 hundred two of this chapter through the installation and operation of 19 photo speed violation monitoring systems, in accordance with article 20 thirty of this chapter; to comply with bus lane restrictions as defined 21 by article twenty-four of this chapter through the installation and 22 operation of bus lane photo devices, in accordance with article twenty- 23 four of this chapter; to comply with toll collection regulations of 24 certain public authorities through the installation and operation of 25 photo-monitoring systems, in accordance with the provisions of section 26 two thousand nine hundred eighty-five of the public authorities law and 27 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred 28 seventy-four of the laws of nineteen hundred fifty; to stop for a school 29 bus displaying a red visual signal in violation of section eleven 30 hundred seventy-four of this chapter through the installation and opera- 31 tion of school bus photo violation monitoring systems, in accordance 32 with article twenty-nine of this chapter; to comply with certain posted 33 maximum speed limits in violation of subdivision (b), (d), (f) or (g) of 34 section eleven hundred eighty of this chapter within a highway 35 construction or maintenance work area through the installation and oper- 36 ation of photo speed violation monitoring systems, in accordance with 37 article thirty of this chapter; to comply with gross vehicle weight 38 and/or axle weight restrictions in violation of section three hundred 39 eighty-five of this chapter and the rules of the department of transpor- 40 tation of the city of New York through the installation and operation of 41 weigh in motion violation monitoring systems, in accordance with article 42 ten of this chapter; or to comply with bus operation-related traffic 43 regulations as defined by article twenty-four of this chapter in 44 violation of the rules of the department of transportation of the city 45 of New York through the installation and operation of bus operation-re- 46 lated photo devices, in accordance with article twenty-four of this 47 chapter, of the person charged, as applicable prior to rendering a final 48 determination. Final determinations sustaining or dismissing charges 49 shall be entered on a final determination roll maintained by the bureau 50 together with records showing payment and nonpayment of penalties. 51 2. Where an operator or owner fails to enter a plea to a charge of a 52 parking violation or contest an allegation of liability in accordance 53 with any provisions of law specifically authorizing the imposition of 54 monetary liability on the owner of a vehicle for failure of an operator 55 thereof: to comply with traffic-control indications in violation of 56 subdivision (d) of section eleven hundred eleven of this chapter through
S. 7336 15 1 the installation and operation of traffic-control signal photo viola- 2 tion-monitoring systems, in accordance with article twenty-four of this 3 chapter; to comply with certain posted maximum speed limits in violation 4 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred 5 eighty or for violating subparagraph (ii), (ii-a), or (iii) of paragraph 6 (b) of subdivision one of section four hundred two of this chapter 7 through the installation and operation of photo speed violation monitor- 8 ing systems, in accordance with article thirty of this chapter; to 9 comply with bus lane restrictions as defined by article twenty-four of 10 this chapter through the installation and operation of bus lane photo 11 devices, in accordance with article twenty-four of this chapter; to 12 comply with toll collection regulations of certain public authorities 13 through the installation and operation of photo-monitoring systems, in 14 accordance with the provisions of section two thousand nine hundred 15 eighty-five of the public authorities law and sections sixteen-a, 16 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the 17 laws of nineteen hundred fifty; to stop for a school bus displaying a 18 red visual signal in violation of section eleven hundred seventy-four of 19 this chapter through the installation and operation of school bus photo 20 violation monitoring systems, in accordance with article twenty-nine of 21 this chapter; to comply with certain posted maximum speed limits in 22 violation of subdivision (b), (d), (f) or (g) of section eleven hundred 23 eighty of this chapter within a highway construction or maintenance work 24 area through the installation and operation of photo speed violation 25 monitoring systems, in accordance with article thirty of this chapter; 26 to comply with gross vehicle weight and/or axle weight restrictions in 27 violation of section three hundred eighty-five of this chapter and the 28 rules of the department of transportation of the city of New York 29 through the installation and operation of weigh in motion violation 30 monitoring systems, in accordance with article ten of this chapter; or 31 to comply with bus operation-related traffic regulations as defined by 32 article twenty-four of this chapter in violation of the rules of the 33 department of transportation of the city of New York through the instal- 34 lation and operation of bus operation-related photo devices, in accord- 35 ance with article twenty-four of this chapter, or fails to appear on a 36 designated hearing date or subsequent adjourned date or fails after a 37 hearing to comply with the determination of a hearing examiner, as 38 prescribed by this article or by rule or regulation of the bureau, such 39 failure to plead or contest, appear or comply shall be deemed, for all 40 purposes, an admission of liability and shall be grounds for rendering 41 and entering a default judgment in an amount provided by the rules and 42 regulations of the bureau. However, after the expiration of the original 43 date prescribed for entering a plea and before a default judgment may be 44 rendered, in such case the bureau shall pursuant to the applicable 45 provisions of law notify such operator or owner, by such form of first 46 class mail as the commission may direct; (1) of the violation charged, 47 or liability alleged in accordance with any provisions of law specif- 48 ically authorizing the imposition of monetary liability on the owner of 49 a vehicle for failure of an operator thereof: to comply with traffic- 50 control indications in violation of subdivision (d) of section eleven 51 hundred eleven of this chapter through the installation and operation of 52 traffic-control signal photo violation-monitoring systems, in accordance 53 with article twenty-four of this chapter; to comply with certain posted 54 maximum speed limits in violation of subdivision (b), (c), (d), (f) or 55 (g) of section eleven hundred eighty or for violating subparagraph (ii), 56 (ii-a), or (iii) of paragraph (b) of subdivision one of section four
S. 7336 16 1 hundred two of this chapter through the installation and operation of 2 photo speed violation monitoring systems, in accordance with article 3 thirty of this chapter; to comply with bus lane restrictions as defined 4 by article twenty-four of this chapter through the installation and 5 operation of bus lane photo devices, in accordance with article twenty- 6 four of this chapter; to comply with toll collection regulations of 7 certain public authorities through the installation and operation of 8 photo-monitoring systems, in accordance with the provisions of section 9 two thousand nine hundred eighty-five of the public authorities law and 10 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred 11 seventy-four of the laws of nineteen hundred fifty; to stop for a school 12 bus displaying a red visual signal in violation of section eleven 13 hundred seventy-four of this chapter through the installation and opera- 14 tion of school bus photo violation monitoring systems, in accordance 15 with article twenty-nine of this chapter; to comply with certain posted 16 maximum speed limits in violation of subdivision (b), (d), (f) or (g) of 17 section eleven hundred eighty of this chapter within a highway 18 construction or maintenance work area through the installation and oper- 19 ation of photo speed violation monitoring systems, in accordance with 20 article thirty of this chapter; to comply with gross vehicle weight 21 and/or axle weight restrictions in violation of section three hundred 22 eighty-five of this chapter and the rules of the department of transpor- 23 tation of the city of New York through the installation and operation of 24 weigh in motion violation monitoring systems, in accordance with article 25 ten of this chapter; or to comply with bus operation-related traffic 26 regulations as defined by article twenty-four of this chapter in 27 violation of the rules of the department of transportation of the city 28 of New York through the installation and operation of bus operation-re- 29 lated photo devices, in accordance with article twenty-four of this 30 chapter, (2) of the impending default judgment, (3) that such judgment 31 will be entered in the Civil Court of the city in which the bureau has 32 been established, or other court of civil jurisdiction or any other 33 place provided for the entry of civil judgments within the state of New 34 York, and (4) that a default may be avoided by entering a plea or 35 contesting an allegation of liability in accordance with any provisions 36 of law specifically authorizing the imposition of monetary liability on 37 the owner of a vehicle for failure of an operator thereof: to comply 38 with traffic-control indications in violation of subdivision (d) of 39 section eleven hundred eleven of this chapter through the installation 40 and operation of traffic-control signal photo violation-monitoring 41 systems, in accordance with article twenty-four of this chapter; to 42 comply with certain posted maximum speed limits in violation of subdivi- 43 sion (b), (c), (d), (f) or (g) of section eleven hundred eighty or for 44 violating subparagraphs (ii), (ii-a), or (iii) of paragraph (b) of 45 subdivision one of section four hundred two of this chapter through the 46 installation and operation of photo speed violation monitoring systems, 47 in accordance with article thirty of this chapter; to comply with bus 48 lane restrictions as defined by article twenty-four of this chapter 49 through the installation and operation of bus lane photo devices, in 50 accordance with article twenty-four of this chapter; to comply with toll 51 collection regulations of certain public authorities through the instal- 52 lation and operation of photo-monitoring systems, in accordance with the 53 provisions of section two thousand nine hundred eighty-five of the 54 public authorities law and sections sixteen-a, sixteen-b and sixteen-c 55 of chapter seven hundred seventy-four of the laws of nineteen hundred 56 fifty; to stop for a school bus displaying a red visual signal in
S. 7336 17 1 violation of section eleven hundred seventy-four of this chapter through 2 the installation and operation of school bus photo violation monitoring 3 systems, in accordance with article twenty-nine of this chapter; to 4 comply with certain posted maximum speed limits in violation of subdivi- 5 sion (b), (d), (f) or (g) of section eleven hundred eighty of this chap- 6 ter within a highway construction or maintenance work area through the 7 installation and operation of photo speed violation monitoring systems, 8 in accordance with article thirty of this chapter; to comply with gross 9 vehicle weight and/or axle weight restrictions in violation of section 10 three hundred eighty-five of this chapter and the rules of the depart- 11 ment of transportation of the city of New York through the installation 12 and operation of weigh in motion violation monitoring systems, in 13 accordance with article ten of this chapter; or to comply with bus oper- 14 ation-related traffic regulations as defined by article twenty-four of 15 this chapter in violation of the rules of the department of transporta- 16 tion of the city of New York through the installation and operation of 17 bus operation-related photo devices, in accordance with article twenty- 18 four of this chapter; or making an appearance within thirty days of the 19 sending of such notice. Pleas entered and allegations contested within 20 that period shall be in the manner prescribed in the notice and not 21 subject to additional penalty or fee. Such notice of impending default 22 judgment shall not be required prior to the rendering and entry thereof 23 in the case of operators or owners who are non-residents of the state of 24 New York. In no case shall a default judgment be rendered or, where 25 required, a notice of impending default judgment be sent, more than two 26 years after the expiration of the time prescribed for entering a plea or 27 contesting an allegation. When a person has demanded a hearing, no fine 28 or penalty shall be imposed for any reason, prior to the holding of the 29 hearing. If the hearing examiner shall make a determination on the 30 charges, sustaining them, [he or she] they shall impose no greater 31 penalty or fine than those upon which the person was originally charged. 32 § 10. Subdivision 1-a of section 1809 of the vehicle and traffic law, 33 as amended by section 9 of part MM of chapter 56 of the laws of 2023, is 34 amended to read as follows: 35 1-a. Notwithstanding the provisions of subdivision one of this 36 section, the provisions of subdivision one of this section shall not 37 apply to an adjudication of liability of owners: (a) for violations of 38 subdivision (d) of section eleven hundred eleven of this chapter imposed 39 pursuant to a local law or ordinance imposing monetary liability on the 40 owner of a vehicle for failure of an operator thereof to comply with 41 traffic-control indications through the installation and operation of 42 traffic-control signal photo violation-monitoring systems, in accordance 43 with article twenty-four of this chapter; or (b) for violations of 44 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty 45 or for violations of subparagraph (ii), (ii-a), or (iii) of paragraph 46 (b) of subdivision one of section four hundred two of this chapter 47 imposed pursuant to a demonstration program imposing monetary liability 48 on the owner of a vehicle for failure of an operator thereof to comply 49 with such posted maximum speed limits through the installation and oper- 50 ation of photo speed violation monitoring systems, in accordance with 51 article thirty of this chapter; or (c) for violations of bus lane 52 restrictions as defined by article twenty-four of this chapter imposed 53 pursuant to a bus rapid transit program imposing monetary liability on 54 the owner of a vehicle for failure of an operator thereof to comply with 55 such bus lane restrictions through the installation and operation of bus 56 lane photo devices, in accordance with article twenty-four of this chap-
S. 7336 18 1 ter; or (d) for violations of toll collection regulations imposed by 2 certain public authorities pursuant to the law authorizing such public 3 authorities to impose monetary liability on the owner of a vehicle for 4 failure of an operator thereof to comply with toll collection regu- 5 lations of such public authorities through the installation and opera- 6 tion of photo-monitoring systems, in accordance with the provisions of 7 section two thousand nine hundred eighty-five of the public authorities 8 law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven 9 hundred seventy-four of the laws of nineteen hundred fifty; or (e) for 10 violations of section eleven hundred seventy-four of this chapter when 11 meeting a school bus marked and equipped as provided in subdivisions 12 twenty and twenty-one-c of section three hundred seventy-five of this 13 chapter imposed pursuant to a local law or ordinance imposing monetary 14 liability on the owner of a vehicle for failure of an operator thereof 15 to comply with school bus red visual signals through the installation 16 and operation of school bus photo violation monitoring systems, in 17 accordance with article twenty-nine of this chapter; or (f) for 18 violations of section three hundred eighty-five of this chapter and the 19 rules of the department of transportation of the city of New York in 20 relation to gross vehicle weight and/or axle weight violations imposed 21 pursuant to a weigh in motion demonstration program imposing monetary 22 liability on the owner of a vehicle for failure of an operator thereof 23 to comply with such gross vehicle weight and/or axle weight restrictions 24 through the installation and operation of weigh in motion violation 25 monitoring systems, in accordance with article ten of this chapter; or 26 (g) for violations of subdivision (b), (d), (f) or (g) of section eleven 27 hundred eighty of this chapter imposed pursuant to a demonstration 28 program imposing monetary liability on the owner of a vehicle for fail- 29 ure of an operator thereof to comply with such posted maximum speed 30 limits within a highway construction or maintenance work area through 31 the installation and operation of photo speed violation monitoring 32 systems, in accordance with article thirty of this chapter; or (h) for 33 violations of bus operation-related traffic regulations as defined by 34 article twenty-four of this chapter imposed pursuant to a demonstration 35 program imposing monetary liability on the owner of a vehicle for fail- 36 ure of an operator thereof to comply with such bus operation-related 37 traffic regulations through the installation and operation of bus opera- 38 tion-related photo devices, in accordance with article twenty-four of 39 this chapter. 40 § 11. Paragraph a of subdivision 1 of section 1809-e of the vehicle 41 and traffic law, as amended by section 12 of part MM of chapter 56 of 42 the laws of 2023, is amended to read as follows: 43 a. Notwithstanding any other provision of law, whenever proceedings in 44 a court or an administrative tribunal of this state result in a 45 conviction for an offense under this chapter, except a conviction pursu- 46 ant to section eleven hundred ninety-two of this chapter, or for a traf- 47 fic infraction under this chapter, or a local law, ordinance, rule or 48 regulation adopted pursuant to this chapter, except: (i) a traffic 49 infraction involving standing, stopping, or parking or violations by 50 pedestrians or bicyclists; and (ii) an adjudication of liability of an 51 owner for a violation of subdivision (d) of section eleven hundred elev- 52 en of this chapter imposed pursuant to a local law or ordinance imposing 53 monetary liability on the owner of a vehicle for failure of an operator 54 thereof to comply with traffic-control indications through the installa- 55 tion and operation of traffic-control signal photo violation-monitoring 56 systems, in accordance with article twenty-four of this chapter; and
S. 7336 19 1 (iii) an adjudication of liability of an owner for a violation of subdi- 2 vision (b), (c), (d), (f) or (g) of section eleven hundred eighty or for 3 a violation of subparagraph (ii), (ii-a), or (iii) of paragraph (b) of 4 subdivision one of section four hundred two of this chapter imposed 5 pursuant to a demonstration program imposing monetary liability on the 6 owner of a vehicle for failure of an operator thereof to comply with 7 such posted maximum speed limits through the installation and operation 8 of photo speed violation monitoring systems, in accordance with article 9 thirty of this chapter; and (iv) an adjudication of liability of an 10 owner for a violation of bus lane restrictions as defined by article 11 twenty-four of this chapter imposed pursuant to a bus rapid transit 12 program imposing monetary liability on the owner of a vehicle for fail- 13 ure of an operator thereof to comply with such bus lane restrictions 14 through the installation and operation of bus lane photo devices, in 15 accordance with article twenty-four of this chapter; and (v) an adjudi- 16 cation of liability of an owner for a violation of toll collection regu- 17 lations imposed by certain public authorities pursuant to the law 18 authorizing such public authorities to impose monetary liability on the 19 owner of a vehicle for failure of an operator thereof to comply with 20 toll collection regulations of such public authorities through the 21 installation and operation of photo-monitoring systems, in accordance 22 with section two thousand nine hundred eighty-five of the public author- 23 ities law or sections sixteen-a, sixteen-b and sixteen-c of chapter 24 seven hundred seventy-four of the laws of nineteen hundred fifty; and 25 (vi) an adjudication of liability of an owner for a violation of section 26 eleven hundred seventy-four of this chapter when meeting a school bus 27 marked and equipped as provided in subdivisions twenty and twenty-one-c 28 of section three hundred seventy-five of this chapter imposed pursuant 29 to a local law or ordinance imposing monetary liability on the owner of 30 a vehicle for failure of an operator thereof to comply with school bus 31 red visual signals through the installation and operation of school bus 32 photo violation monitoring systems, in accordance with article twenty- 33 nine of this chapter; and (vii) an adjudication of liability of an owner 34 for a violation of section three hundred eighty-five of this chapter and 35 the rules of the department of transportation of the city of New York in 36 relation to gross vehicle weight and/or axle weight violations imposed 37 pursuant to a weigh in motion demonstration program imposing monetary 38 liability on the owner of a vehicle for failure of an operator thereof 39 to comply with such gross vehicle weight and/or axle weight restrictions 40 through the installation and operation of weigh in motion violation 41 monitoring systems, in accordance with article ten of this chapter; and 42 (viii) an adjudication of liability of an owner for a violation of 43 subdivision (b), (d), (f) or (g) of section eleven hundred eighty of 44 this chapter imposed pursuant to a demonstration program imposing mone- 45 tary liability on the owner of a vehicle for failure of an operator 46 thereof to comply with such posted maximum speed limits within a highway 47 construction or maintenance work area through the installation and oper- 48 ation of photo speed violation monitoring systems, in accordance with 49 article thirty of this chapter; and (ix) an adjudication of liability of 50 an owner for a violation of bus operation-related traffic regulations as 51 defined by article twenty-four of this chapter imposed pursuant to a 52 demonstration program imposing monetary liability on the owner of a 53 vehicle for failure of an operator thereof to comply with such bus oper- 54 ation-related traffic regulations through the installation and operation 55 of bus operation-related photo devices, in accordance with article twen- 56 ty-four of this chapter, there shall be levied in addition to any
S. 7336 20 1 sentence, penalty or other surcharge required or permitted by law, an 2 additional surcharge of twenty-eight dollars. 3 § 12. Subdivision 13 of section 237 of the vehicle and traffic law, as 4 added by section 3 of chapter 189 of the laws of 2013, is REPEALED. 5 § 13. Subdivision 12 of section 237 of the vehicle and traffic law, as 6 added by section 3-a of chapter 189 of the laws of 2013, is REPEALED. 7 § 14. Chapter 189 of the laws of 2013, amending the vehicle and traf- 8 fic law and the public officers law relating to establishing in a city 9 with a population of one million or more a demonstration program imple- 10 menting speed violation monitoring systems in school speed zones by 11 means of photo devices, is amended by adding a new section 3-b to read 12 as follows: 13 § 3-b. Section 237 of the vehicle and traffic law is amended by adding 14 a new subdivision 13 to read as follows: 15 13. To adjudicate the liability of owners for violations of subdivi- 16 sion (b), (c), (d), (f) or (g) of section eleven hundred eighty or for 17 violations of subparagraph (ii), (ii-a), or (iii) of paragraph (b) of 18 subdivision one of section four hundred two of this chapter in accord- 19 ance with section eleven hundred eighty-b of this chapter. 20 § 15. Section 15 of chapter 189 of the laws of 2013, amending the 21 vehicle and traffic law and the public officers law relating to estab- 22 lishing in a city with a population of one million or more a demon- 23 stration program implementing speed violation monitoring systems in 24 school speed zones by means of photo devices, the opening paragraph as 25 amended by chapter 229 of the laws of 2022, is amended to read as 26 follows: 27 § 15. This act shall take effect on the thirtieth day after it shall 28 have become a law [and]; provided, however, that sections three-b, ten, 29 thirteen and fourteen shall expire and be deemed repealed July 1, [2025] 30 2030; and provided further that any rules necessary for the implementa- 31 tion of this act on its effective date shall be promulgated on or before 32 such effective date, provided that: 33 (a) [the amendments to subdivision 1 of section 235 of the vehicle and 34 traffic law made by section one of this act shall not affect the expira- 35 tion of such subdivision and shall be deemed to expire therewith, when 36 upon such date the provisions of section one-a of this act shall take 37 effect; 38 (b) the amendments to section 235 of the vehicle and traffic law made 39 by section one-a 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-b of this act shall take effect; 42 (c) the amendments to section 235 of the vehicle and traffic law made 43 by section one-b of this act shall not affect the expiration of such 44 section and shall be deemed to expire therewith, when upon such date the 45 provisions of section one-c of this act shall take effect; 46 (d) the amendments to section 235 of the vehicle and traffic law made 47 by section one-c of this act shall not affect the expiration of such 48 section and shall be deemed to expire therewith, when upon such date the 49 provisions of section one-d of this act shall take effect; 50 (e) the amendments to subdivision 1 of section 236 of the vehicle and 51 traffic law made by section two of this act shall not affect the expira- 52 tion of such subdivision and shall be deemed to expire therewith, when 53 upon such date the provisions of section two-a of this act shall take 54 effect; 55 (f) the amendments to subdivision 1 of section 236 of the vehicle and 56 traffic law made by section two-a of this act shall not affect the expi-
S. 7336 21 1 ration of such subdivision and shall be deemed to expire therewith, when 2 upon such date the provisions of section two-b of this act shall take 3 effect; 4 (g) the amendments to subdivision 1 of section 236 of the vehicle and 5 traffic law made by section two-b of this act shall not affect the expi- 6 ration of such subdivision and shall be deemed to expire therewith, when 7 upon such date the provisions of section two-c of this act shall take 8 effect; 9 (h) the amendments to subdivision 12 of section 237 of the vehicle and 10 traffic law made by section three of this act shall not affect the 11 repeal of such subdivision and shall be deemed to be repealed therewith, 12 when upon such date the provisions of section three-a of this act shall 13 take effect; 14 (h-1) the amendments to subdivision 11 of section 237 of the vehicle 15 and traffic law made by section three-a of this act shall not affect the 16 expiration and reversion of such subdivision and shall be deemed 17 repealed therewith; 18 (i) the amendments to paragraph f of subdivision 1 of section 239 of 19 the vehicle and traffic law made by section four of this act shall not 20 affect the expiration of such paragraph and shall be deemed to expire 21 therewith, when upon such date the provisions of section four-a of this 22 act shall take effect; 23 (j) the amendments to paragraph f of subdivision 1 of section 239 of 24 the vehicle and traffic law made by section four-a of this act shall not 25 affect the expiration of such paragraph and shall be deemed to expire 26 therewith, when upon such date the provisions of section four-b of this 27 act shall take effect; 28 (k) the amendments to paragraph f of subdivision 1 of section 239 of 29 the vehicle and traffic law made by section four-b of this act shall not 30 affect the expiration of such paragraph and shall be deemed to expire 31 therewith, when upon such date the provisions of section four-c of this 32 act shall take effect; 33 (l) the amendments to subdivision 4 of section 239 of the vehicle and 34 traffic law made by section five of this act shall not affect the repeal 35 of such subdivision and shall be deemed to be repealed therewith, when 36 upon such date the provisions of section five-a of this act shall take 37 effect; 38 (m) the amendments to subdivisions 1 and 1-a of section 240 of the 39 vehicle and traffic law made by section six of this act shall not affect 40 the expiration of such subdivisions and shall be deemed to expire there- 41 with, when upon such date the provisions of section six-a of this act 42 shall take effect; 43 (n) the amendments to subdivisions 1 and 1-a of section 240 of the 44 vehicle and traffic law made by section six-a of this act shall not 45 affect the expiration of such subdivisions and shall be deemed to expire 46 therewith, when upon such date the provisions of section six-b of this 47 act shall take effect; 48 (o) the amendments to subdivisions 1 and 1-a of section 240 of the 49 vehicle and traffic law made by section six-b of this act shall not 50 affect the expiration of such subdivisions and shall be deemed to expire 51 therewith, when upon such date the provisions of section six-c of this 52 act shall take effect; 53 (p) the amendments to paragraphs a and g of subdivision 2 of section 54 240 of the vehicle and traffic law made by section seven of this act 55 shall not affect the expiration of such paragraphs and shall be deemed
S. 7336 22 1 to expire therewith, when upon such date the provisions of section 2 seven-a of this act shall take effect; 3 (q) the amendments to paragraphs a and g of subdivision 2 of section 4 240 of the vehicle and traffic law made by section seven-a of this act 5 shall not affect the expiration of such paragraphs and shall be deemed 6 to expire therewith, when upon such date the provisions of section 7 seven-b of this act shall take effect; 8 (r) the amendments to paragraphs a and g of subdivision 2 of section 9 240 of the vehicle and traffic law made by section seven-b of this act 10 shall not affect the expiration of such paragraphs and shall be deemed 11 to expire therewith, when upon such date the provisions of section 12 seven-c of this act shall take effect; 13 (s) the amendments to subdivisions 1 and 2 of section 241 of the vehi- 14 cle and traffic law made by section eight of this act shall not affect 15 the expiration of such subdivisions and shall be deemed to expire there- 16 with, when upon such date the provisions of section eight-a of this act 17 shall take effect; 18 (t) the amendments to subdivisions 1 and 2 of section 241 of the vehi- 19 cle and traffic law made by section eight-a of this act shall not affect 20 the expiration of such subdivisions and shall be deemed to expire there- 21 with, when upon such date the provisions of section eight-b of this act 22 shall take effect; 23 (u) the amendments to subdivisions 1 and 2 of section 241 of the vehi- 24 cle and traffic law made by section eight-b of this act shall not affect 25 the expiration of such subdivisions and shall be deemed to expire there- 26 with, when upon such date the provisions of section eight-c of this act 27 shall take effect; 28 (v) the amendments to subparagraph (i) of paragraph a of subdivision 29 5-a of section 401 of the vehicle and traffic law made by section nine 30 of this act shall not affect the expiration of such paragraph and shall 31 be deemed to expire therewith, when upon such date the provisions of 32 section nine-a of this act shall take effect; 33 (w) the amendments to paragraph a of subdivision 5-a of section 401 of 34 the vehicle and traffic law made by section nine-a of this act shall not 35 affect the expiration of such paragraph and shall be deemed to expire 36 therewith, when upon such date the provisions of section nine-b of this 37 act shall take effect; 38 (x) the amendments to paragraph a of subdivision 5-a of section 401 of 39 the vehicle and traffic law made by section nine-b of this act shall not 40 affect the expiration of such paragraph and shall be deemed to expire 41 therewith, when upon such date the provisions of section nine-c of this 42 act shall take effect; 43 (y)] the amendments to subdivision 1 of section 1809 of the vehicle 44 and traffic law made by section eleven of this act shall not affect the 45 expiration of such subdivision and shall be deemed to expire therewith, 46 when upon such date the provisions of section eleven-a of this act shall 47 take effect; 48 [(z)] (b) the amendments to subdivision 1 of section 1809 of the vehi- 49 cle and traffic law made by section eleven-a of this act shall not 50 affect the expiration of such subdivision and shall be deemed to expire 51 therewith, when upon such date the provisions of section eleven-b of 52 this act shall take effect; and 53 [(aa)] (c) the amendments to subdivision 1 of section 1809 of the 54 vehicle and traffic law made by section eleven-b of this act shall not 55 affect the expiration of such subdivision and shall be deemed to expire
S. 7336 23 1 therewith, when upon such date the provisions of section eleven-c of 2 this act shall take effect[; 3 (bb) the amendments to paragraph a of subdivision 1 of section 1809-e 4 of the vehicle and traffic law made by section twelve of this act shall 5 not affect the expiration of such paragraph and shall be deemed to 6 expire therewith, when upon such date the provisions of section twelve-a 7 of this act shall take effect; and 8 (cc) the amendments to paragraph a of subdivision 1 of section 1809-e 9 of the vehicle and traffic law made by section twelve-a of this act 10 shall not affect the expiration of such paragraph and shall be deemed to 11 expire therewith, when upon such date the provisions of section twelve-b 12 of this act shall take effect; and 13 (dd) the amendments to paragraph a of subdivision 1 of section 1809-e 14 of the vehicle and traffic law made by section twelve-b of this act 15 shall not affect the expiration of such paragraph and shall be deemed to 16 expire therewith, when upon such date the provisions of section twelve-c 17 of this act shall take effect]. 18 § 16. This act shall take effect immediately; provided that the amend- 19 ments to section 1180-b of the vehicle and traffic law made by sections 20 one, two and three of this act shall not affect the repeal of such 21 section and shall be deemed repealed therewith.