LBD13796-02-4
S. 6652 2
EN OF THIS ARTICLE, AND SUCH VIOLATION IS EVIDENCED BY INFORMATION
OBTAINED FROM A TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING
SYSTEM; PROVIDED HOWEVER THAT NO OWNER OF A VEHICLE SHALL BE LIABLE FOR
A PENALTY IMPOSED PURSUANT TO THIS SECTION WHERE THE OPERATOR OF SUCH
VEHICLE HAS BEEN CONVICTED OF THE UNDERLYING VIOLATION OF SUBDIVISION
(D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE.
(C) FOR PURPOSES OF THIS SECTION, "OWNER" SHALL HAVE THE MEANING
PROVIDED IN ARTICLE TWO-B OF THIS CHAPTER. FOR PURPOSES OF THIS SECTION,
"TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING SYSTEM" SHALL MEAN A
VEHICLE SENSOR INSTALLED TO WORK IN CONJUNCTION WITH A TRAFFIC-CONTROL
SIGNAL WHICH AUTOMATICALLY PRODUCES TWO OR MORE PHOTOGRAPHS, TWO OR MORE
MICROPHOTOGRAPHS, A VIDEOTAPE OR OTHER RECORDED IMAGES OF EACH VEHICLE
AT THE TIME IT IS USED OR OPERATED IN VIOLATION OF SUBDIVISION (D) OF
SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE.
(D) A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY
THE CITY OF KINGSTON IN WHICH THE CHARGED VIOLATION OCCURRED, OR A
FACSIMILE THEREOF, BASED UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTO-
GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY A TRAFFIC-CONTROL
SIGNAL PHOTO VIOLATION-MONITORING SYSTEM, SHALL BE PRIMA FACIE EVIDENCE
OF THE FACTS CONTAINED THEREIN. ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDE-
OTAPE OR OTHER RECORDED IMAGES EVIDENCING SUCH A VIOLATION SHALL BE
AVAILABLE FOR INSPECTION IN ANY PROCEEDING TO ADJUDICATE THE LIABILITY
FOR SUCH VIOLATION PURSUANT TO A LOCAL LAW OR ORDINANCE ADOPTED PURSUANT
TO THIS SECTION.
(E) AN OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (D) OF SECTION
ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO A LOCAL LAW OR ORDI-
NANCE ADOPTED PURSUANT TO THIS SECTION SHALL BE LIABLE FOR MONETARY
PENALTIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND PENALTIES TO BE SET
FORTH IN SUCH LOCAL LAW OR ORDINANCE, EXCEPT THAT IF SUCH CITY BY LOCAL
LAW HAS AUTHORIZED THE ADJUDICATION OF SUCH OWNER LIABILITY BY A PARKING
VIOLATIONS BUREAU, SUCH SCHEDULE SHALL BE PROMULGATED BY SUCH BUREAU.
THE LIABILITY OF THE OWNER PURSUANT TO THIS SECTION SHALL NOT EXCEED
FIFTY DOLLARS FOR EACH VIOLATION; PROVIDED, HOWEVER, THAT SUCH LOCAL LAW
OR ORDINANCE MAY PROVIDE FOR AN ADDITIONAL PENALTY NOT IN EXCESS OF
TWENTY-FIVE DOLLARS FOR EACH VIOLATION FOR THE FAILURE TO RESPOND TO A
NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME PERIOD.
(F) AN IMPOSITION OF LIABILITY UNDER A LOCAL LAW OR ORDINANCE ADOPTED
PURSUANT TO THIS SECTION SHALL NOT BE DEEMED A CONVICTION AS AN OPERATOR
AND SHALL NOT BE MADE PART OF THE OPERATING RECORD OF THE PERSON UPON
WHOM SUCH LIABILITY IS IMPOSED NOR SHALL IT BE USED FOR INSURANCE
PURPOSES IN THE PROVISION OF MOTOR VEHICLE INSURANCE COVERAGE.
(G) 1. A NOTICE OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL TO EACH
PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION
(D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO THIS
SECTION. PERSONAL DELIVERY ON THE OWNER SHALL NOT BE REQUIRED. A MANUAL
OR AUTOMATIC RECORD OF MAILING PREPARED IN THE ORDINARY COURSE OF BUSI-
NESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN.
2. A NOTICE OF LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE
PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION
(D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO THIS
SECTION, THE REGISTRATION NUMBER OF THE VEHICLE INVOLVED IN SUCH
VIOLATION, THE LOCATION WHERE SUCH VIOLATION TOOK PLACE, THE DATE AND
TIME OF SUCH VIOLATION AND THE IDENTIFICATION NUMBER OF THE CAMERA WHICH
RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER.
3. THE NOTICE OF LIABILITY SHALL CONTAIN INFORMATION ADVISING THE
PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE OR SHE MAY CONTEST
S. 6652 3
THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO
CONTAIN A WARNING TO ADVISE THE PERSONS CHARGED THAT FAILURE TO CONTEST
IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF LIABIL-
ITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE CITY OF
KINGSTON, OR BY ANY OTHER ENTITY AUTHORIZED BY SUCH CITY TO PREPARE AND
MAIL SUCH NOTIFICATION OF VIOLATION.
(H) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION
SHALL BE BY A TRAFFIC VIOLATIONS BUREAU ESTABLISHED PURSUANT TO SECTION
THREE HUNDRED SEVENTY OF THE GENERAL MUNICIPAL LAW OR, IF THERE BE NONE,
BY THE COURT HAVING JURISDICTION OVER TRAFFIC INFRACTIONS, EXCEPT THAT
IF SUCH CITY HAS ESTABLISHED AN ADMINISTRATIVE TRIBUNAL TO HEAR AND
DETERMINE COMPLAINTS OF TRAFFIC INFRACTIONS CONSTITUTING PARKING, STAND-
ING OR STOPPING VIOLATIONS SUCH CITY MAY, BY LOCAL LAW, AUTHORIZE SUCH
ADJUDICATION BY SUCH TRIBUNAL.
(I) IF AN OWNER RECEIVES A NOTICE OF LIABILITY PURSUANT TO THIS
SECTION FOR ANY TIME PERIOD DURING WHICH THE VEHICLE WAS REPORTED TO THE
POLICE DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE A VALID DEFENSE TO
AN ALLEGATION OF LIABILITY FOR A VIOLATION OF SUBDIVISION (D) OF SECTION
ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO THIS SECTION THAT THE
VEHICLE HAD BEEN REPORTED TO THE POLICE AS STOLEN PRIOR TO THE TIME THE
VIOLATION OCCURRED AND HAD NOT BEEN RECOVERED BY SUCH TIME. FOR PURPOSES
OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION IT SHALL BE SUFFI-
CIENT THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE STOLEN VEHICLE
BE SENT BY FIRST CLASS MAIL TO THE TRAFFIC VIOLATIONS BUREAU, COURT
HAVING JURISDICTION OR PARKING VIOLATIONS BUREAU.
(J) 1. IN SUCH CITY WHERE THE ADJUDICATION OF LIABILITY IMPOSED UPON
OWNERS PURSUANT TO THIS SECTION IS BY A TRAFFIC VIOLATIONS BUREAU OR A
COURT HAVING JURISDICTION, AN OWNER WHO IS A LESSOR OF A VEHICLE TO
WHICH A NOTICE OF LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION (G) OF
THIS SECTION SHALL NOT BE LIABLE FOR THE VIOLATION OF SUBDIVISION (D) OF
SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE, PROVIDED THAT HE OR SHE
SENDS TO THE TRAFFIC VIOLATIONS BUREAU OR COURT HAVING JURISDICTION A
COPY OF THE RENTAL, LEASE OR OTHER SUCH CONTRACT DOCUMENT COVERING SUCH
VEHICLE ON THE DATE OF THE VIOLATION, WITH THE NAME AND ADDRESS OF THE
LESSEE CLEARLY LEGIBLE, WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE
FROM THE BUREAU OR COURT OF THE DATE AND TIME OF SUCH VIOLATION, TOGETH-
ER WITH THE OTHER INFORMATION CONTAINED IN THE ORIGINAL NOTICE OF
LIABILITY. FAILURE TO SEND SUCH INFORMATION WITHIN SUCH THIRTY-SEVEN DAY
TIME PERIOD SHALL RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED BY
THIS SECTION. WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF THIS
PARAGRAPH, THE LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH VIOLATION
SHALL BE DEEMED TO BE THE OWNER OF SUCH VEHICLE FOR PURPOSES OF THIS
SECTION, SHALL BE SUBJECT TO LIABILITY FOR THE VIOLATION OF SUBDIVISION
(D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO THIS
SECTION AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION
(G) OF THIS SECTION.
2. (I) IN SUCH CITY WHICH, BY LOCAL LAW, HAS AUTHORIZED THE ADJUDI-
CATION OF LIABILITY IMPOSED UPON OWNERS BY THIS SECTION BY A PARKING
VIOLATIONS BUREAU, AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A
NOTICE OF LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION (G) OF THIS
SECTION SHALL NOT BE LIABLE FOR THE VIOLATION OF SUBDIVISION (D) OF
SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE, PROVIDED THAT:
(A) PRIOR TO THE VIOLATION, THE LESSOR HAS FILED WITH THE BUREAU IN
ACCORDANCE WITH THE PROVISIONS OF SECTION TWO HUNDRED THIRTY-NINE OF
THIS CHAPTER; AND
S. 6652 4
(B) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE BUREAU OF
THE DATE AND TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFORMATION
CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY, THE LESSOR SUBMITS TO THE
BUREAU THE CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE IDENTI-
FIED IN THE NOTICE OF LIABILITY AT THE TIME OF SUCH VIOLATION, TOGETHER
WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL, LEASE OR
OTHER CONTRACT DOCUMENT, AS MAY BE REASONABLY REQUIRED BY THE BUREAU
PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE.
(II) FAILURE TO COMPLY WITH CLAUSE (B) OF SUBPARAGRAPH (I) OF THIS
PARAGRAPH SHALL RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED IN
THIS SECTION.
(III) WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF THIS PARAGRAPH,
THE LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH VIOLATION SHALL BE DEEMED
TO BE THE OWNER OF SUCH VEHICLE FOR PURPOSES OF THIS SECTION, SHALL BE
SUBJECT TO LIABILITY FOR SUCH VIOLATION PURSUANT TO THIS SECTION AND
SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (G) OF THIS
SECTION.
(K) 1. IF THE OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (D) OF
SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO THIS SECTION
WAS NOT THE OPERATOR OF THE VEHICLE AT THE TIME OF THE VIOLATION, THE
OWNER MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR.
2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO OWNER OF A
VEHICLE SHALL BE SUBJECT TO A MONETARY FINE IMPOSED PURSUANT TO THIS
SECTION IF THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH-
OUT THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR FAILED TO OBEY A
TRAFFIC-CONTROL INDICATION. FOR PURPOSES OF THIS SUBDIVISION THERE SHALL
BE A PRESUMPTION THAT THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH
VEHICLE WITH THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR FAILED
TO OBEY A TRAFFIC-CONTROL INDICATION.
(L) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF SUBDIVISION (D) OF
SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE.
(M) IN ANY SUCH CITY WHICH ADOPTS A DEMONSTRATION PROGRAM PURSUANT TO
SUBDIVISION (A) OF THIS SECTION, SUCH CITY SHALL SUBMIT AN ANNUAL REPORT
ON THE RESULTS OF THE USE OF A TRAFFIC-CONTROL SIGNAL PHOTO
VIOLATION-MONITORING SYSTEM TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF
THE SENATE AND THE SPEAKER OF THE ASSEMBLY ON OR BEFORE JUNE FIRST, TWO
THOUSAND FIFTEEN AND ON THE SAME DATE IN EACH SUCCEEDING YEAR IN WHICH
THE DEMONSTRATION PROGRAM IS OPERABLE. SUCH REPORT SHALL INCLUDE, BUT
NOT BE LIMITED TO:
1. A DESCRIPTION OF THE LOCATIONS WHERE TRAFFIC-CONTROL SIGNAL PHOTO
VIOLATION-MONITORING SYSTEMS WERE USED;
2. THE AGGREGATE NUMBER, TYPE AND SEVERITY OF ACCIDENTS REPORTED AT
INTERSECTIONS WHERE A TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING
SYSTEM IS USED FOR THE YEAR PRECEDING THE INSTALLATION OF SUCH SYSTEM,
TO THE EXTENT THE INFORMATION IS MAINTAINED BY THE DEPARTMENT OF MOTOR
VEHICLES OF THIS STATE;
3. THE AGGREGATE NUMBER, TYPE AND SEVERITY OF ACCIDENTS REPORTED AT
INTERSECTIONS WHERE A TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING
SYSTEM IS USED, TO THE EXTENT THE INFORMATION IS MAINTAINED BY THE
DEPARTMENT OF MOTOR VEHICLES OF THIS STATE;
4. THE NUMBER OF VIOLATIONS RECORDED AT EACH INTERSECTION WHERE A
TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING SYSTEM IS USED AND IN
THE AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS;
5. THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED FOR VIOLATIONS
RECORDED BY SUCH SYSTEMS;
S. 6652 5
6. THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID AFTER FIRST
NOTICE OF LIABILITY ISSUED FOR VIOLATIONS RECORDED BY SUCH SYSTEMS;
7. THE NUMBER OF VIOLATIONS ADJUDICATED AND RESULTS OF SUCH ADJUDI-
CATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE FOR VIOLATIONS
RECORDED BY SUCH SYSTEMS;
8. THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH CITY FROM SUCH ADJUDI-
CATIONS;
9. EXPENSES INCURRED BY SUCH CITY IN CONNECTION WITH THE PROGRAM; AND
10. QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
(N) IT SHALL BE A DEFENSE TO ANY PROSECUTION FOR A VIOLATION OF SUBDI-
VISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO
A LOCAL LAW OR ORDINANCE ADOPTED PURSUANT TO THIS SECTION THAT SUCH
TRAFFIC-CONTROL INDICATIONS WERE MALFUNCTIONING AT THE TIME OF THE
ALLEGED VIOLATION.
S 2. Subparagraph (i) of paragraph a of subdivision 5-a of section 401
of the vehicle and traffic law, as amended by chapter 189 of the laws of
2013, is amended to read as follows:
(i) If at the time of application for a registration or renewal there-
of there is a certification from a court, parking violations bureau,
traffic and parking violations agency or administrative tribunal of
appropriate jurisdiction [or administrative tribunal of appropriate
jurisdiction] that the registrant or his or her representative failed to
appear on the return date or any subsequent adjourned date or failed to
comply with the rules and regulations of an administrative tribunal
following entry of a final decision in response to a total of three or
more summonses or other process in the aggregate, issued within an eigh-
teen month period, charging either that: (i) such motor vehicle was
parked, stopped or standing, or that such motor vehicle was operated for
hire by the registrant or his or her agent without being licensed as a
motor vehicle for hire by the appropriate local authority, in violation
of any of the provisions of this chapter or of any law, ordinance, rule
or regulation made by a local authority; or (ii) the registrant was
liable in accordance with section eleven hundred eleven-a [of this chap-
ter or], section eleven hundred eleven-b OR SECTION ELEVEN HUNDRED
ELEVEN-D of this chapter for a violation of subdivision (d) of section
eleven hundred eleven of this chapter; or (iii) the registrant was
liable in accordance with section eleven hundred eleven-c of this chap-
ter for a violation of a bus lane restriction as defined in such
section, or (iv) the registrant was liable in accordance with section
eleven hundred eighty-b of this chapter for a violation of subdivision
(c) or (d) of section eleven hundred eighty of this chapter, the commis-
sioner or his or her agent shall deny the registration or renewal appli-
cation until the applicant provides proof from the court, traffic and
parking violations agency or administrative tribunal wherein the charges
are pending that an appearance or answer has been made or in the case of
an administrative tribunal that he or she has complied with the rules
and regulations of said tribunal following entry of a final decision.
Where an application is denied pursuant to this section, the commission-
er may, in his or her discretion, deny a registration or renewal appli-
cation to any other person for the same vehicle and may deny a registra-
tion or renewal application for any other motor vehicle registered in
the name of the applicant where the commissioner has determined that
such registrant's intent has been to evade the purposes of this subdivi-
sion and where the commissioner has reasonable grounds to believe that
such registration or renewal will have the effect of defeating the
purposes of this subdivision. Such denial shall only remain in effect as
S. 6652 6
long as the summonses remain unanswered, or in the case of an adminis-
trative tribunal, the registrant fails to comply with the rules and
regulations following entry of a final decision.
S 3. Paragraph a of subdivision 5-a of section 401 of the vehicle and
traffic law, as amended by section 9-a of chapter 189 of the laws of
2013, is amended to read as follows:
a. If at the time of application for a registration or renewal thereof
there is a certification from a court or administrative tribunal of
appropriate jurisdiction that the registrant or his or her represen-
tative failed to appear on the return date or any subsequent adjourned
date or failed to comply with the rules and regulations of an adminis-
trative tribunal following entry of a final decision in response to a
total of three or more summonses or other process in the aggregate,
issued within an eighteen month period, charging either that: (i) such
motor vehicle was parked, stopped or standing, or that such motor vehi-
cle was operated for hire by the registrant or his or her agent without
being licensed as a motor vehicle for hire by the appropriate local
authority, in violation of any of the provisions of this chapter or of
any law, ordinance, rule or regulation made by a local authority; or
(ii) the registrant was liable in accordance with section eleven hundred
eleven-b of this chapter for a violation of subdivision (d) of section
eleven hundred eleven of this chapter; or (iii) the registrant was
liable in accordance with section eleven hundred eleven-c of this chap-
ter for a violation of a bus lane restriction as defined in such
section; or (iv) the registrant was liable in accordance with section
eleven hundred eighty-b of this chapter for a violation of subdivision
(b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
ter; OR (V) THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED ELEVEN-D OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (D) OF
SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER, the commissioner or his
or her agent shall deny the registration or renewal application until
the applicant provides proof from the court or administrative tribunal
wherein the charges are pending that an appearance or answer has been
made or in the case of an administrative tribunal that he or she has
complied with the rules and regulations of said tribunal following entry
of a final decision. Where an application is denied pursuant to this
section, the commissioner may, in his or her discretion, deny a regis-
tration or renewal application to any other person for the same vehicle
and may deny a registration or renewal application for any other motor
vehicle registered in the name of the applicant where the commissioner
has determined that such registrant's intent has been to evade the
purposes of this subdivision and where the commissioner has reasonable
grounds to believe that such registration or renewal will have the
effect of defeating the purposes of this subdivision. Such denial shall
only remain in effect as long as the summonses remain unanswered, or in
the case of an administrative tribunal, the registrant fails to comply
with the rules and regulations following entry of a final decision.
S 4. Paragraph a of subdivision 5-a of section 401 of the vehicle and
traffic law, as amended by section 9-b of chapter 189 of the laws of
2013, is amended to read as follows:
a. If at the time of application for a registration or renewal thereof
there is a certification from a court or administrative tribunal of
appropriate jurisdiction that the registrant or his or her represen-
tative failed to appear on the return date or any subsequent adjourned
date or failed to comply with the rules and regulations of an adminis-
trative tribunal following entry of a final decision in response to
S. 6652 7
three or more summonses or other process, issued within an eighteen
month period, charging that such motor vehicle was parked, stopped or
standing, or that such motor vehicle was operated for hire by the regis-
trant or his or her agent without being licensed as a motor vehicle for
hire by the appropriate local authority, in violation of any of the
provisions of this chapter or of any law, ordinance, rule or regulation
made by a local authority or the registrant was liable in accordance
with section eleven hundred eleven-c of this chapter for a violation of
a bus lane restriction as defined in such section, OR THE REGISTRANT WAS
LIABLE IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAP-
TER FOR A VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN
OF THIS CHAPTER, or the registrant was liable in accordance with section
eleven hundred eighty-b of this chapter for a violation of subdivision
(b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
ter, the commissioner or his or her agent shall deny the registration or
renewal application until the applicant provides proof from the court or
administrative tribunal wherein the charges are pending that an appear-
ance or answer has been made or in the case of an administrative tribu-
nal that he or she has complied with the rules and regulations of said
tribunal following entry of a final decision. Where an application is
denied pursuant to this section, the commissioner may, in his or her
discretion, deny a registration or renewal application to any other
person for the same vehicle and may deny a registration or renewal
application for any other motor vehicle registered in the name of the
applicant where the commissioner has determined that such registrant's
intent has been to evade the purposes of this subdivision and where the
commissioner has reasonable grounds to believe that such registration or
renewal will have the effect of defeating the purposes of this subdivi-
sion. Such denial shall only remain in effect as long as the summonses
remain unanswered, or in the case of an administrative tribunal, the
registrant fails to comply with the rules and regulations following
entry of a final decision.
S 5. Paragraph a of subdivision 5-a of section 401 of the vehicle and
traffic law, as amended by section 9-c of chapter 189 of the laws of
2013, is amended to read as follows:
a. If at the time of application for a registration or renewal thereof
there is a certification from a court or administrative tribunal of
appropriate jurisdiction that the registrant or his representative
failed to appear on the return date or any subsequent adjourned date or
failed to comply with the rules and regulations of an administrative
tribunal following entry of a final decision in response to three or
more summonses or other process, issued within an eighteen month period,
charging that such motor vehicle was parked, stopped or standing, or
that such motor vehicle was operated for hire by the registrant or his
agent without being licensed as a motor vehicle for hire by the appro-
priate local authority, in violation of any of the provisions of this
chapter or of any law, ordinance, rule or regulation made by a local
authority, OR THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION ELEV-
EN HUNDRED ELEVEN-D OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (D)
OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER, or the registrant was
liable in accordance with section eleven hundred eighty-b of this chap-
ter for violations of subdivision (b), (c), (d), (f) or (g) of section
eleven hundred eighty of this chapter, the commissioner or his agent
shall deny the registration or renewal application until the applicant
provides proof from the court or administrative tribunal wherein the
charges are pending that an appearance or answer has been made or in the
S. 6652 8
case of an administrative tribunal that he has complied with the rules
and regulations of said tribunal following entry of a final decision.
Where an application is denied pursuant to this section, the commission-
er may, in his discretion, deny a registration or renewal application to
any other person for the same vehicle and may deny a registration or
renewal application for any other motor vehicle registered in the name
of the applicant where the commissioner has determined that such regis-
trant's intent has been to evade the purposes of this subdivision and
where the commissioner has reasonable grounds to believe that such
registration or renewal will have the effect of defeating the purposes
of this subdivision. Such denial shall only remain in effect as long as
the summonses remain unanswered, or in the case of an administrative
tribunal, the registrant fails to comply with the rules and regulations
following entry of a final decision.
S 6. Paragraph a of subdivision 5-a of section 401 of the vehicle and
traffic law, as separately amended by chapters 339 and 592 of the laws
of 1987, is amended to read as follows:
a. If at the time of application for a registration or renewal thereof
there is a certification from a court or administrative tribunal of
appropriate jurisdiction that the registrant or his representative
failed to appear on the return date or any subsequent adjourned date or
failed to comply with the rules and regulations of an administrative
tribunal following entry of a final decision in response to three or
more summonses or other process, issued within an eighteen month period,
charging that such motor vehicle was parked, stopped or standing, or
that such motor vehicle was operated for hire by the registrant or his
agent without being licensed as a motor vehicle for hire by the appro-
priate local authority, in violation of any of the provisions of this
chapter or of any law, ordinance, rule or regulation made by a local
authority, OR THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION ELEV-
EN HUNDRED ELEVEN-D OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (D)
OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER, the commissioner or
his agent shall deny the registration or renewal application until the
applicant provides proof from the court or administrative tribunal wher-
ein the charges are pending that an appearance or answer has been made
or in the case of an administrative tribunal that he has complied with
the rules and regulations of said tribunal following entry of a final
decision. Where an application is denied pursuant to this section, the
commissioner may, in his discretion, deny a registration or renewal
application to any other person for the same vehicle and may deny a
registration or renewal application for any other motor vehicle regis-
tered in the name of the applicant where the commissioner has determined
that such registrant's intent has been to evade the purposes of this
subdivision and where the commissioner has reasonable grounds to believe
that such registration or renewal will have the effect of defeating the
purposes of this subdivision. Such denial shall only remain in effect as
long as the summonses remain unanswered, or in the case of an adminis-
trative tribunal, the registrant fails to comply with the rules and
regulations following entry of a final decision.
S 7. The opening paragraph and paragraph (c) of subdivision 1 of
section 1809 of the vehicle and traffic law, as amended by section 11 of
chapter 189 of the laws of 2013, are amended to read as follows:
Whenever proceedings in an administrative tribunal or a court of this
state result in a conviction for an offense under this chapter or a
traffic infraction under this chapter, or a local law, ordinance, rule
or regulation adopted pursuant to this chapter, other than a traffic
S. 6652 9
infraction involving standing, stopping, or parking or violations by
pedestrians or bicyclists, or other than an adjudication of liability of
an owner for a violation of subdivision (d) of section eleven hundred
eleven of this chapter in accordance with section eleven hundred
eleven-a of this chapter, or other than an adjudication of liability of
an owner for a violation of subdivision (d) of section eleven hundred
eleven of this chapter in accordance with section eleven hundred
eleven-b of this chapter, or other than an adjudication in accordance
with section eleven hundred eleven-c of this chapter for a violation of
a bus lane restriction as defined in such section, OR OTHER THAN AN
ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (D)
OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, or other than an adju-
dication of liability of an owner for a violation of subdivision (b),
(c), (d), (f) or (g) of section eleven hundred eighty of this chapter in
accordance with section eleven hundred eighty-b of this chapter, there
shall be levied a crime victim assistance fee and a mandatory surcharge,
in addition to any sentence required or permitted by law, in accordance
with the following schedule:
(c) Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for an offense under this chapter
other than a crime pursuant to section eleven hundred ninety-two of this
chapter, or a traffic infraction under this chapter, or a local law,
ordinance, rule or regulation adopted pursuant to this chapter, other
than a traffic infraction involving standing, stopping, or parking or
violations by pedestrians or bicyclists, or other than an adjudication
of liability of an owner for a violation of subdivision (d) of section
eleven hundred eleven of this chapter in accordance with section eleven
hundred eleven-a of this chapter, or other than an adjudication of
liability of an owner for a violation of subdivision (d) of section
eleven hundred eleven of this chapter in accordance with section eleven
hundred eleven-b of this chapter, OR OTHER THAN AN ADJUDICATION OF
LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (D) OF SECTION
ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED ELEVEN-D OF THIS CHAPTER, or other than an infraction pursuant
to article nine of this chapter or other than an adjudication of liabil-
ity of an owner for a violation of toll collection regulations pursuant
to section two thousand nine hundred eighty-five of the public authori-
ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
hundred seventy-four of the laws of nineteen hundred fifty or other than
an adjudication in accordance with section eleven hundred eleven-c of
this chapter for a violation of a bus lane restriction as defined in
such section, or other than an adjudication of liability of an owner for
a violation of subdivision (b), (c), (d), (f) or (g) of section eleven
hundred eighty of this chapter in accordance with section eleven hundred
eighty-b of this chapter, there shall be levied a crime victim assist-
ance fee in the amount of five dollars and a mandatory surcharge, in
addition to any sentence required or permitted by law, in the amount of
fifty-five dollars.
S 8. Subdivision 1 of section 1809 of the vehicle and traffic law, as
amended by section 11-a of chapter 189 of the laws of 2013, is amended
to read as follows:
1. Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for a crime under this chapter or a
traffic infraction under this chapter, or a local law, ordinance, rule
or regulation adopted pursuant to this chapter, other than a traffic
S. 6652 10
infraction involving standing, stopping, parking or motor vehicle equip-
ment or violations by pedestrians or bicyclists, or other than an adju-
dication of liability of an owner for a violation of subdivision (d) of
section eleven hundred eleven of this chapter in accordance with section
eleven hundred eleven-a of this chapter, or other than an adjudication
of liability of an owner for a violation of subdivision (d) of section
eleven hundred eleven of this chapter in accordance with section eleven
hundred eleven-b of this chapter, or other than an adjudication in
accordance with section eleven hundred eleven-c of this chapter for a
violation of a bus lane restriction as defined in such section, OR
OTHER THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF
SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, or
other than an adjudication of liability of an owner for a violation of
subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty
of this chapter in accordance with section eleven hundred eighty-b of
this chapter, there shall be levied a mandatory surcharge, in addition
to any sentence required or permitted by law, in the amount of twenty-
five dollars.
S 9. Subdivision 1 of section 1809 of the vehicle and traffic law, as
amended by section 11-b of chapter 189 of the laws of 2013, is amended
to read as follows:
1. Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for a crime under this chapter or a
traffic infraction under this chapter other than a traffic infraction
involving standing, stopping, parking or motor vehicle equipment or
violations by pedestrians or bicyclists, or other than an adjudication
in accordance with section eleven hundred eleven-c of this chapter for a
violation of a bus lane restriction as defined in such section, OR OTHER
THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDI-
VISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN ACCORD-
ANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, or other than
an adjudication of liability of an owner for a violation of subdivision
(b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
ter in accordance with section eleven hundred eighty-b of this chapter,
there shall be levied a mandatory surcharge, in addition to any sentence
required or permitted by law, in the amount of seventeen dollars.
S 10. Subdivision 1 of section 1809 of the vehicle and traffic law, as
amended by section 11-c of chapter 189 of the laws of 2013, is amended
to read as follows:
1. Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for a crime under this chapter or a
traffic infraction under this chapter other than a traffic infraction
involving standing, stopping, parking or motor vehicle equipment or
violations by pedestrians or bicyclists, or other than an adjudication
of liability of an owner for a violation of subdivision (b), (c), (d),
(f) or (g) of section eleven hundred eighty of this chapter in accord-
ance with section eleven hundred eighty-b of this chapter, AND EXCEPT AN
ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (D)
OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, there shall be levied a
mandatory surcharge, in addition to any sentence required or permitted
by law, in the amount of seventeen dollars.
S 11. Subdivision 1 of section 1809 of the vehicle and traffic law, as
separately amended by chapter 16 of the laws of 1983 and chapter 62 of
the laws of 1989, is amended to read as follows:
S. 6652 11
1. Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for a crime under this chapter or a
traffic infraction under this chapter other than a traffic infraction
involving standing, stopping, parking or motor vehicle equipment or
violations by pedestrians or bicyclists, AND EXCEPT AN ADJUDICATION OF
LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (D) OF SECTION
ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED ELEVEN-D OF THIS CHAPTER, there shall be levied a mandatory
surcharge, in addition to any sentence required or permitted by law, in
the amount of seventeen dollars.
S 12. Subdivision 2 of section 87 of the public officers law is
amended by adding a new paragraph (n) to read as follows:
(N) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED
IMAGES PREPARED UNDER AUTHORITY OF SECTION ELEVEN HUNDRED ELEVEN-D OF
THE VEHICLE AND TRAFFIC LAW.
S 13. The purchase or lease of equipment for a demonstration program
established pursuant to section 1111-d of the vehicle and traffic law
shall be subject to the provisions of section 103 of the general munici-
pal law.
S 14. This act shall take effect on the thirtieth day after it shall
have become a law and shall expire December 1, 2020 when upon such date
the provisions of such sections shall be deemed repealed; provided that:
(a) the amendments to subparagraph (i) of paragraph a of subdivision
5-a of section 401 of the vehicle and traffic law made by section two of
this act shall not affect the expiration of such paragraph and shall be
deemed to expire therewith, when upon such date the provisions of
section three of this act shall take effect;
(b) the amendments to paragraph a of subdivision 5-a of section 401 of
the vehicle and traffic law made by section three of this act shall not
affect the expiration of such paragraph and shall be deemed to expire
therewith, when upon such date the provisions of section four of this
act shall take effect;
(c) the amendments to paragraph a of subdivision 5-a of section 401 of
the vehicle and traffic law made by section four of this act shall not
affect the expiration of such paragraph and shall be deemed to expire
therewith, when upon such date the provisions of section five of this
act shall take effect;
(d) the amendments to paragraph a of subdivision 5-a of section 401 of
the vehicle and traffic law made by section five of this act shall not
affect the expiration of such paragraph and shall be deemed to expire
therewith, when upon such date the provisions of section six of this act
shall take effect;
(e) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section seven of this act shall not affect the expi-
ration of such subdivision and shall be deemed to expire therewith, when
upon such date the provisions of section eight of this act shall take
effect;
(f) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section eight of this act shall not affect the expi-
ration of such subdivision and shall be deemed to expire therewith, when
upon such date the provisions of section nine of this act shall take
effect;
(g) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section nine of this act shall not affect the expi-
ration of such subdivision and shall be deemed to expire therewith, when
S. 6652 12
upon such date the provisions of section ten of this act shall take
effect; and
(h) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section ten of this act shall not affect the expira-
tion of such subdivision and shall be deemed to expire therewith, when
upon such date the provisions of section eleven of this act shall take
effect.