Bill Text: NY A03535 | 2025-2026 | General Assembly | Introduced
Bill Title: Establishes a highway safety corridor on the Southern State Parkway located in Long Island and makes conforming changes; relates to certain notices of liability; establishes a demonstration program implementing speed violation monitoring systems in the Southern State Parkway safety zone by means of photo devices.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-01-28 - referred to transportation [A03535 Detail]
Download: New_York-2025-A03535-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3535 2025-2026 Regular Sessions IN ASSEMBLY January 28, 2025 ___________ Introduced by M. of A. SOLAGES -- read once and referred to the Commit- tee on Transportation AN ACT to amend the highway law, in relation to establishing a highway safety corridor on the Southern State Parkway located in Long Island and to making conforming changes; to amend the vehicle and traffic law and the general municipal law, in relation to certain notices of liability; and to amend the vehicle and traffic law, in relation to establishing a demonstration program implementing speed violation monitoring systems in the Southern State Parkway safety zone by means of photo devices The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Article 13 of the highway law is redesignated article 15 2 and sections 350, 351, 351-a, 352, 353 and 354 are renumbered sections 3 400, 401, 402, 403, 404 and 405. 4 § 2. The highway law is amended by adding a new article 13 to read as 5 follows: 6 ARTICLE 13 7 HIGHWAY SAFETY CORRIDORS 8 Section 375. Purpose and application. 9 375-a. Definitions. 10 375-b. Southern State Parkway highway safety corridor. 11 375-c. Traffic signs. 12 § 375. Purpose and application. 1. This article is enacted to improve 13 safety in a targeted high crash location designated as a highway safety 14 corridor where motorists are exposed to increased levels of enforcement 15 and increased penalties for moving violations relating to unsafe driving 16 behavior. 17 2. The signs specified in this article are in addition to the traff- 18 ic-control devices required by department regulations and apply to 19 public highways within this state. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07012-01-5A. 3535 2 1 § 375-a. Definitions. As used in this article, "Southern State Park- 2 way highway safety corridor" or "corridor" means the Southern State 3 Parkway. 4 § 375-b. Southern State Parkway highway safety corridor. The corridor 5 shall be designated as a highway safety corridor in which increased 6 penalties will apply for violations relating to the duty of a driver 7 under the vehicle and traffic law provided there is a written commitment 8 from the local and state law enforcement agencies responsible for high- 9 way patrol along the corridor to provide visible, sustained enforcement 10 activity within the limits of the marked corridor. 11 § 375-c. Traffic signs. Traffic signs shall be installed as follows: 12 1. A sign reading "SAFETY CORRIDOR-ELECTRONIC SPEED ENFORCEMENT AND 13 FINES DOUBLED" shall be installed as close as practical to the beginning 14 of the Southern State Parkway highway safety corridor and after each 15 interchange along the corridor; and 16 2. A sign reading "END SAFETY CORRIDOR ZONE" shall be installed imme- 17 diately at the end of each highway safety corridor. 18 § 3. Subdivision 1 of section 235 of the vehicle and traffic law, as 19 amended by section 2 of part MM of chapter 56 of the laws of 2023, is 20 amended to read as follows: 21 1. Notwithstanding any inconsistent provision of any general, special 22 or local law or administrative code to the contrary, in any city which 23 heretofore or hereafter is authorized to establish an administrative 24 tribunal: (a) to hear and determine complaints of traffic infractions 25 constituting parking, standing or stopping violations, or (b) to adjudi- 26 cate the liability of owners for violations of subdivision (d) of 27 section eleven hundred eleven of this chapter imposed pursuant to a 28 local law or ordinance imposing monetary liability on the owner of a 29 vehicle for failure of an operator thereof to comply with traffic-con- 30 trol indications through the installation and operation of traffic-con- 31 trol signal photo violation-monitoring systems, in accordance with arti- 32 cle twenty-four of this chapter, or (c) to adjudicate the liability of 33 owners for violations of subdivision (b), (c), (d), (f) or (g) of 34 section eleven hundred eighty of this chapter imposed pursuant to a 35 demonstration program imposing monetary liability on the owner of a 36 vehicle for failure of an operator thereof to comply with such posted 37 maximum speed limits through the installation and operation of photo 38 speed violation monitoring systems, in accordance with article thirty of 39 this chapter, or (d) to adjudicate the liability of owners for 40 violations of bus lane restrictions as defined by article twenty-four of 41 this chapter imposed pursuant to a bus rapid transit program imposing 42 monetary liability on the owner of a vehicle for failure of an operator 43 thereof to comply with such bus lane restrictions through the installa- 44 tion and operation of bus lane photo devices, in accordance with article 45 twenty-four of this chapter, or (e) to adjudicate the liability of 46 owners for violations of toll collection regulations imposed by certain 47 public authorities pursuant to the law authorizing such public authori- 48 ties to impose monetary liability on the owner of a vehicle for failure 49 of an operator thereof to comply with toll collection regulations of 50 such public authorities through the installation and operation of 51 photo-monitoring systems, in accordance with the provisions of section 52 two thousand nine hundred eighty-five of the public authorities law and 53 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred 54 seventy-four of the laws of nineteen hundred fifty, or (f) to adjudicate 55 the liability of owners for violations of section eleven hundred seven- 56 ty-four of this chapter when meeting a school bus marked and equipped asA. 3535 3 1 provided in subdivisions twenty and twenty-one-c of section three 2 hundred seventy-five of this chapter imposed pursuant to a local law or 3 ordinance imposing monetary liability on the owner of a vehicle for 4 failure of an operator thereof to comply with school bus red visual 5 signals through the installation and operation of school bus photo 6 violation monitoring systems, in accordance with article twenty-nine of 7 this chapter, or (g) to adjudicate the liability of owners for 8 violations of section three hundred eighty-five of this chapter and the 9 rules of the department of transportation of the city of New York in 10 relation to gross vehicle weight and/or axle weight violations imposed 11 pursuant to a weigh in motion demonstration program imposing monetary 12 liability on the owner of a vehicle for failure of an operator thereof 13 to comply with such gross vehicle weight and/or axle weight restrictions 14 through the installation and operation of weigh in motion violation 15 monitoring systems, in accordance with article ten of this chapter, or 16 (h) to adjudicate the liability of owners for violations of subdivision 17 (b), (d), (f) or (g) of section eleven hundred eighty of this chapter 18 imposed pursuant to a demonstration program imposing monetary liability 19 on the owner of a vehicle for failure of an operator thereof to comply 20 with such posted maximum speed limits within a highway construction or 21 maintenance work area through the installation and operation of photo 22 speed violation monitoring systems, in accordance with article thirty of 23 this chapter, or (i) to adjudicate the liability of owners for 24 violations of bus operation-related traffic regulations as defined by 25 article twenty-four of this chapter imposed pursuant to a demonstration 26 program imposing monetary liability on the owner of a vehicle for fail- 27 ure of an operator thereof to comply with such bus operation-related 28 traffic regulations through the installation and operation of bus opera- 29 tion-related photo devices, in accordance with article twenty-four of 30 this chapter, such tribunal and the rules and regulations pertaining 31 thereto shall be constituted in substantial conformance with the follow- 32 ing sections, or (j) to adjudicate the liability of owners for 33 violations of subdivision (b), (d), (f) or (g) of section eleven hundred 34 eighty-h of this chapter imposed pursuant to a demonstration program 35 imposing monetary liability on the owner of a vehicle for failure of an 36 operator thereof to comply with such posted maximum speed limits within 37 a highway safety corridor through the installation and operation of 38 photo speed violation monitoring systems, in accordance with article 39 thirty of this chapter, such tribunal and the rules and regulations 40 pertaining thereto shall be constituted in substantial conformance with 41 such sections. 42 § 4. Subdivision 1 of section 236 of the vehicle and traffic law, as 43 amended by section 3 of part MM of chapter 56 of the laws of 2023, is 44 amended to read as follows: 45 1. Creation. In any city as hereinbefore or hereafter authorized such 46 tribunal when created shall be known as the parking violations bureau 47 and shall have jurisdiction of traffic infractions which constitute a 48 parking violation and, where authorized: (a) to adjudicate the liability 49 of owners for violations of subdivision (d) of section eleven hundred 50 eleven of this chapter imposed pursuant to a local law or ordinance 51 imposing monetary liability on the owner of a vehicle for failure of an 52 operator thereof to comply with traffic-control indications through the 53 installation and operation of traffic-control signal photo violation- 54 monitoring systems, in accordance with article twenty-four of this chap- 55 ter, or (b) to adjudicate the liability of owners for violations of 56 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eightyA. 3535 4 1 of this chapter imposed pursuant to a demonstration program imposing 2 monetary liability on the owner of a vehicle for failure of an operator 3 thereof to comply with such posted maximum speed limits through the 4 installation and operation of photo speed violation monitoring systems, 5 in accordance with article thirty of this chapter, or (c) to adjudicate 6 the liability of owners for violations of bus lane restrictions as 7 defined by article twenty-four of this chapter imposed pursuant to a bus 8 rapid transit program imposing monetary liability on the owner of a 9 vehicle for failure of an operator thereof to comply with such bus lane 10 restrictions through the installation and operation of bus lane photo 11 devices, in accordance with article twenty-four of this chapter, or (d) 12 to adjudicate the liability of owners for violations of toll collection 13 regulations imposed by certain public authorities pursuant to the law 14 authorizing such public authorities to impose monetary liability on the 15 owner of a vehicle for failure of an operator thereof to comply with 16 toll collection regulations of such public authorities through the 17 installation and operation of photo-monitoring systems, in accordance 18 with the provisions of section two thousand nine hundred eighty-five of 19 the public authorities law and sections sixteen-a, sixteen-b and 20 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen 21 hundred fifty, or (e) to adjudicate the liability of owners for 22 violations of section eleven hundred seventy-four of this chapter when 23 meeting a school bus marked and equipped as provided in subdivisions 24 twenty and twenty-one-c of section three hundred seventy-five of this 25 chapter imposed pursuant to a local law or ordinance imposing monetary 26 liability on the owner of a vehicle for failure of an operator thereof 27 to comply with school bus red visual signals through the installation 28 and operation of school bus photo violation monitoring systems, in 29 accordance with article twenty-nine of this chapter, or (f) to adjudi- 30 cate the liability of owners for violations of section three hundred 31 eighty-five of this chapter and the rules of the department of transpor- 32 tation of the city of New York in relation to gross vehicle weight 33 and/or axle weight violations imposed pursuant to a weigh in motion 34 demonstration program imposing monetary liability on the owner of a 35 vehicle for failure of an operator thereof to comply with such gross 36 vehicle weight and/or axle weight restrictions through the installation 37 and operation of weigh in motion violation monitoring systems, in 38 accordance with article ten of this chapter, or (g) to adjudicate the 39 liability of owners for violations of subdivision (b), (d), (f) or (g) 40 of section eleven hundred eighty of this chapter imposed pursuant to a 41 demonstration program imposing monetary liability on the owner of a 42 vehicle for failure of an operator thereof to comply with such posted 43 maximum speed limits within a highway construction or maintenance work 44 area through the installation and operation of photo speed violation 45 monitoring systems, in accordance with article thirty of this chapter, 46 or (h) to adjudicate the liability of owners for violations of bus oper- 47 ation-related traffic regulations as defined by article twenty-four of 48 this chapter imposed pursuant to a demonstration program imposing mone- 49 tary liability on the owner of a vehicle for failure of an operator 50 thereof to comply with such bus operation-related traffic regulations 51 through the installation and operation of bus operation-related photo 52 devices, in accordance with article twenty-four of this chapter, or (i) 53 to adjudicate the liability of owners for violations of subdivision (b), 54 (d), (f) or (g) of section eleven hundred eighty-h of this chapter 55 imposed pursuant to a demonstration program imposing monetary liability 56 on the owner of a vehicle for failure of an operator thereof to complyA. 3535 5 1 with such posted maximum speed limits within a highway construction or 2 maintenance work area through the installation and operation of photo 3 speed violation monitoring systems, in accordance with article thirty 4 of this chapter, such tribunal and the rules and regulations pertaining 5 thereto shall be constituted in substantial conformance with such 6 sections. Such tribunal, except in a city with a population of one 7 million or more, shall also have jurisdiction of abandoned vehicle 8 violations. For the purposes of this article, a parking violation is the 9 violation of any law, rule or regulation providing for or regulating the 10 parking, stopping or standing of a vehicle. In addition for purposes of 11 this article, "commissioner" shall mean and include the commissioner of 12 traffic of the city or an official possessing authority as such a 13 commissioner. 14 § 5. Paragraph f of subdivision 1 of section 239 of the vehicle and 15 traffic law, as amended by section 4 of part MM of chapter 56 of the 16 laws of 2023, is amended to read as follows: 17 f. "Notice of violation" means a notice of violation as defined in 18 subdivision nine of section two hundred thirty-seven of this article, 19 but shall not be deemed to include a notice of liability issued pursuant 20 to authorization set forth in articles ten, twenty-four, twenty-nine and 21 thirty of this chapter, section two thousand nine hundred eighty-five of 22 the public authorities law and sections sixteen-a, sixteen-b and 23 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen 24 hundred fifty to impose monetary liability on the owner of a vehicle for 25 failure of an operator thereof: to comply with traffic-control indi- 26 cations in violation of subdivision (d) of section eleven hundred eleven 27 of this chapter through the installation and operation of traffic-con- 28 trol signal photo violation-monitoring systems, in accordance with arti- 29 cle twenty-four of this chapter; or to comply with certain posted maxi- 30 mum speed limits in violation of subdivision (b), (c), (d), (f) or (g) 31 of section eleven hundred eighty of this chapter through the installa- 32 tion and operation of photo speed violation monitoring systems, in 33 accordance with article thirty of this chapter; or to comply with bus 34 lane restrictions as defined by article twenty-four of this chapter 35 through the installation and operation of bus lane photo devices, in 36 accordance with article twenty-four of this chapter; or to comply with 37 toll collection regulations of certain public authorities through the 38 installation and operation of photo-monitoring systems, in accordance 39 with the provisions of section two thousand nine hundred eighty-five of 40 the public authorities law and sections sixteen-a, sixteen-b and 41 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen 42 hundred fifty; or to stop for a school bus displaying a red visual 43 signal in violation of section eleven hundred seventy-four of this chap- 44 ter through the installation and operation of school bus photo violation 45 monitoring systems, in accordance with article twenty-nine of this chap- 46 ter; or to comply with certain posted maximum speed limits in violation 47 of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of 48 this chapter within a highway construction or maintenance work area 49 through the installation and operation of photo speed violation monitor- 50 ing systems, in accordance with article thirty of this chapter; or to 51 comply with certain posted maximum speed limits in violation of subdivi- 52 sion (b), (d), (f) or (g) of section eleven hundred eighty-h of this 53 chapter within a highway safety corridor through the installation and 54 operation of photo speed violation monitoring systems, in accordance 55 with article thirty of this chapter; or to comply with gross vehicle 56 weight and/or axle weight restrictions in violation of section threeA. 3535 6 1 hundred eighty-five of this chapter and the rules of the department of 2 transportation of the city of New York through the installation and 3 operation of weigh in motion violation monitoring systems, in accordance 4 with article ten of this chapter; or to comply with bus operation-relat- 5 ed traffic regulations as defined by article twenty-four of this chapter 6 in violation of the rules of the department of transportation of the 7 city of New York through the installation and operation of bus opera- 8 tion-related photo devices, in accordance with article twenty-four of 9 this chapter. 10 § 6. Subdivisions 1 and 1-a of section 240 of the vehicle and traffic 11 law, as amended by section 5 of part MM of chapter 56 of the laws of 12 2023, are amended to read as follows: 13 1. Notice of hearing. Whenever a person charged with a parking 14 violation enters a plea of not guilty; or a person alleged to be liable 15 in accordance with any provisions of law specifically authorizing the 16 imposition of monetary liability on the owner of a vehicle for failure 17 of an operator thereof: to comply with traffic-control indications in 18 violation of subdivision (d) of section eleven hundred eleven of this 19 chapter through the installation and operation of traffic-control signal 20 photo violation-monitoring systems, in accordance with article twenty- 21 four of this chapter; or to comply with certain posted maximum speed 22 limits in violation of subdivision (b), (c), (d), (f) or (g) of section 23 eleven hundred eighty of this chapter through the installation and oper- 24 ation of photo speed violation monitoring systems, in accordance with 25 article thirty of this chapter; or to comply with bus lane restrictions 26 as defined by article twenty-four of this chapter through the installa- 27 tion and operation of bus lane photo devices, in accordance with article 28 twenty-four of this chapter; or to comply with toll collection regu- 29 lations of certain public authorities through the installation and oper- 30 ation of photo-monitoring systems, in accordance with the provisions of 31 section two thousand nine hundred eighty-five of the public authorities 32 law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven 33 hundred seventy-four of the laws of nineteen hundred fifty; or to stop 34 for a school bus displaying a red visual signal in violation of section 35 eleven hundred seventy-four of this chapter through the installation and 36 operation of school bus photo violation monitoring systems, in accord- 37 ance with article twenty-nine of this chapter; or to comply with certain 38 posted maximum speed limits in violation of subdivision (b), (d), (f) or 39 (g) of section eleven hundred eighty of this chapter within a highway 40 construction or maintenance work area through the installation and oper- 41 ation of photo speed violation monitoring systems, in accordance with 42 article thirty of this chapter; or to comply with certain posted maximum 43 speed limits in violation of subdivision (b), (d), (f) or (g) of section 44 eleven hundred eighty-h of this chapter within a highway safety corridor 45 through the installation and operation of photo speed violation monitor- 46 ing systems, in accordance with article thirty of this chapter; or to 47 comply with gross vehicle weight and/or axle weight restrictions in 48 violation of section three hundred eighty-five of this chapter and the 49 rules of the department of transportation of the city of New York 50 through the installation and operation of weigh in motion violation 51 monitoring systems, in accordance with article ten of this chapter; or 52 to comply with bus operation-related traffic regulations as defined by 53 article twenty-four of this chapter in violation of the rules of the 54 department of transportation of the city of New York through the instal- 55 lation and operation of bus operation-related photo devices, in accord- 56 ance with article twenty-four of this chapter, contests such allegation,A. 3535 7 1 the bureau shall advise such person personally by such form of first 2 class mail as the director may direct of the date on which [he or she] 3 the person must appear to answer the charge at a hearing. The form and 4 content of such notice of hearing shall be prescribed by the director, 5 and shall contain a warning to advise the person so pleading or contest- 6 ing that failure to appear on the date designated, or on any subsequent 7 adjourned date, shall be deemed an admission of liability, and that a 8 default judgment may be entered thereon. 9 1-a. Fines and penalties. Whenever a plea of not guilty has been 10 entered, or the bureau has been notified that an allegation of liability 11 in accordance with provisions of law specifically authorizing the impo- 12 sition of monetary liability on the owner of a vehicle for failure of an 13 operator thereof: to comply with traffic-control indications in 14 violation of subdivision (d) of section eleven hundred eleven of this 15 chapter through the installation and operation of traffic-control signal 16 photo violation-monitoring systems, in accordance with article twenty- 17 four of this chapter; or to comply with certain posted maximum speed 18 limits in violation of subdivision (b), (c), (d), (f) or (g) of section 19 eleven hundred eighty of this chapter through the installation and oper- 20 ation of photo speed violation monitoring systems, in accordance with 21 article thirty of this chapter; or to comply with bus lane restrictions 22 as defined by article twenty-four of this chapter through the installa- 23 tion and operation of bus lane photo devices, in accordance with article 24 twenty-four of this chapter; or to comply with toll collection regu- 25 lations of certain public authorities through the installation and oper- 26 ation of photo-monitoring systems, in accordance with the provisions of 27 section two thousand nine hundred eighty-five of the public authorities 28 law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven 29 hundred seventy-four of the laws of nineteen hundred fifty; or to stop 30 for a school bus displaying a red visual signal in violation of section 31 eleven hundred seventy-four of this chapter through the installation and 32 operation of school bus photo violation monitoring systems, in accord- 33 ance with article twenty-nine of this chapter; or to comply with certain 34 posted maximum speed limits in violation of subdivision (b), (d), (f) or 35 (g) of section eleven hundred eighty of this chapter within a highway 36 construction or maintenance work area through the installation and oper- 37 ation of photo speed violation monitoring systems, in accordance with 38 article thirty of this chapter; or to comply with certain posted maximum 39 speed limits in violation of subdivision (b), (d), (f) or (g) of section 40 eleven hundred eighty-h of this chapter within a highway safety corridor 41 through the installation and operation of photo speed violation monitor- 42 ing systems, in accordance with article thirty of this chapter; or to 43 comply with gross vehicle weight and/or axle weight restrictions in 44 violation of section three hundred eighty-five of this chapter and the 45 rules of the department of transportation of the city of New York 46 through the installation and operation of weigh in motion violation 47 monitoring systems, in accordance with article ten of this chapter; or 48 to comply with bus operation-related traffic regulations as defined by 49 article twenty-four of this chapter in violation of the rules of the 50 department of transportation of the city of New York through the instal- 51 lation and operation of bus operation-related photo devices, in accord- 52 ance with article twenty-four of this chapter, is being contested, by a 53 person in a timely fashion and a hearing upon the merits has been 54 demanded, but has not yet been held, the bureau shall not issue any 55 notice of fine or penalty to that person prior to the date of the hear- 56 ing.A. 3535 8 1 § 7. Paragraphs a and g of subdivision 2 of section 240 of the vehicle 2 and traffic law, as amended by section 6 of part MM of chapter 56 laws 3 of 2023, are amended to read as follows: 4 a. Every hearing for the adjudication of a charge of parking violation 5 or an allegation of liability of an owner for a violation of subdivision 6 (d) of section eleven hundred eleven of this chapter imposed pursuant to 7 a local law or ordinance imposing monetary liability on the owner of a 8 vehicle for failure of an operator thereof to comply with traffic-con- 9 trol indications through the installation and operation of traffic-con- 10 trol signal photo violation-monitoring systems, in accordance with arti- 11 cle twenty-four of this chapter, or an allegation of liability of an 12 owner for a violation of subdivision (b), (c), (d), (f) or (g) of 13 section eleven hundred eighty of this chapter imposed pursuant to a 14 demonstration program imposing monetary liability on the owner of a 15 vehicle for failure of an operator thereof to comply with certain posted 16 maximum speed limits through the installation and operation of photo 17 speed violation monitoring systems, in accordance with article thirty of 18 this chapter, or an allegation of liability of an owner for a violation 19 of bus lane restrictions as defined by article twenty-four of this chap- 20 ter imposed pursuant to a bus rapid transit program imposing monetary 21 liability on the owner of a vehicle for failure of an operator thereof 22 to comply with such bus lane restrictions through the installation and 23 operation of bus lane photo devices, in accordance with article twenty- 24 four of this chapter, or an allegation of liability of an owner for a 25 violation of toll collection regulations imposed by certain public 26 authorities pursuant to the law authorizing such public authorities to 27 impose monetary liability on the owner of a vehicle for failure of an 28 operator thereof to comply with toll collection regulations of such 29 public authorities through the installation and operation of photo-moni- 30 toring systems, in accordance with the provisions of section two thou- 31 sand nine hundred eighty-five of the public authorities law and sections 32 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four 33 of the laws of nineteen hundred fifty, or an allegation of liability of 34 an owner for a violation of section eleven hundred seventy-four of this 35 chapter when meeting a school bus marked and equipped as provided in 36 subdivisions twenty and twenty-one-c of section three hundred seventy- 37 five of this chapter imposed pursuant to a local law or ordinance impos- 38 ing monetary liability on the owner of a vehicle for failure of an oper- 39 ator thereof to comply with school bus red visual signals through the 40 installation and operation of school bus photo violation monitoring 41 systems, in accordance with article twenty-nine of this chapter, or an 42 allegation of liability of an owner for a violation of subdivision (b), 43 (d), (f) or (g) of section eleven hundred eighty of this chapter imposed 44 pursuant to a demonstration program imposing monetary liability on the 45 owner of a vehicle for failure of an operator thereof to comply with 46 certain posted maximum speed limits within a highway construction or 47 maintenance work area through the installation and operation of photo 48 speed violation monitoring systems, in accordance with article thirty of 49 this chapter, or an allegation of liability of an owner for a violation 50 of subdivision (b), (d), (f) or (g) of section eleven hundred eighty-h 51 of this chapter imposed pursuant to a demonstration program imposing 52 monetary liability on the owner of a vehicle for failure of an operator 53 thereof to comply with certain posted maximum speed limits in violation 54 of subdivision (b), (d), (f) or (g) of section eleven hundred eighty-h 55 of this chapter within a highway safety corridor through the installa- 56 tion and operation of photo speed violation monitoring systems, inA. 3535 9 1 accordance with article thirty of this chapter, or an allegation of 2 liability of an owner for a violation of section three hundred eighty- 3 five of this chapter and the rules of the department of transportation 4 of the city of New York in relation to gross vehicle weight and/or axle 5 weight violations imposed pursuant to a weigh in motion demonstration 6 program imposing monetary liability on the owner of a vehicle for fail- 7 ure of an operator thereof to comply with such gross vehicle weight 8 and/or axle weight restrictions through the installation and operation 9 of weigh in motion violation monitoring systems, in accordance with 10 article ten of this chapter, or an allegation of liability of an owner 11 for a violation of bus operation-related traffic regulations as defined 12 by article twenty-four of this chapter imposed pursuant to a demon- 13 stration program imposing monetary liability on the owner of a vehicle 14 for failure of an operator thereof to comply with such bus operation-re- 15 lated traffic regulations through the installation and operation of bus 16 operation-related photo devices, in accordance with article twenty-four 17 of this chapter, shall be held before a hearing examiner in accordance 18 with rules and regulations promulgated by the bureau. 19 g. A record shall be made of a hearing on a plea of not guilty or of a 20 hearing at which liability in accordance with any provisions of law 21 specifically authorizing the imposition of monetary liability on the 22 owner of a vehicle for failure of an operator thereof: to comply with 23 traffic-control indications in violation of subdivision (d) of section 24 eleven hundred eleven of this chapter through the installation and oper- 25 ation of traffic-control signal photo violation-monitoring systems, in 26 accordance with article twenty-four of this chapter; to comply with 27 certain posted maximum speed limits in violation of subdivision (b), 28 (c), (d), (f) or (g) of section eleven hundred eighty of this chapter 29 through the installation and operation of photo speed violation monitor- 30 ing systems, in accordance with article thirty of this chapter; to 31 comply with bus lane restrictions as defined by article twenty-four of 32 this chapter through the installation and operation of bus lane photo 33 devices, in accordance with article twenty-four of this chapter; to 34 comply with toll collection regulations of certain public authorities 35 through the installation and operation of photo-monitoring systems, in 36 accordance with the provisions of section two thousand nine hundred 37 eighty-five of the public authorities law and sections sixteen-a, 38 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the 39 laws of nineteen hundred fifty; to stop for a school bus displaying a 40 red visual signal in violation of section eleven hundred seventy-four of 41 this chapter through the installation and operation of school bus photo 42 violation monitoring systems, in accordance with article twenty-nine of 43 this chapter; to comply with certain posted maximum speed limits in 44 violation of subdivision (b), (d), (f) or (g) of section eleven hundred 45 eighty of this chapter within a highway construction or maintenance work 46 area through the installation and operation of photo speed violation 47 monitoring systems, in accordance with article thirty of this chapter; 48 or an allegation of liability of an owner for a violation of subdivision 49 (b), (d), (f) or (g) of section eleven hundred eighty-h of this chapter 50 imposed pursuant to a demonstration program imposing monetary liability 51 on the owner of a vehicle for failure of an operator thereof to comply 52 with certain posted maximum speed limits within a highway safety corri- 53 dor through the installation and operation of photo speed violation 54 monitoring systems, in accordance with article thirty of this chapter, 55 or to comply with gross vehicle weight and/or axle weight restrictions 56 in violation of section three hundred eighty-five of this chapter andA. 3535 10 1 the rules of the department of transportation of the city of New York 2 through the installation and operation of weigh in motion violation 3 monitoring systems, in accordance with article ten of this chapter; or 4 to comply with bus operation-related traffic regulations as defined by 5 article twenty-four of this chapter in violation of the rules of the 6 department of transportation of the city of New York through the instal- 7 lation and operation of bus operation-related photo devices, in accord- 8 ance with article twenty-four of this chapter, is contested. Recording 9 devices may be used for the making of the record. 10 § 8. Subdivisions 1 and 2 of section 241 of the vehicle and traffic 11 law, as amended by section 7 of part MM of chapter 56 of the laws of 12 2023, are amended to read as follows: 13 1. The hearing examiner shall make a determination on the charges, 14 either sustaining or dismissing them. Where the hearing examiner deter- 15 mines that the charges have been sustained [he or she] the hearing exam- 16 iner may examine either the prior parking violations record or the 17 record of liabilities incurred in accordance with any provisions of law 18 specifically authorizing the imposition of monetary liability on the 19 owner of a vehicle for failure of an operator thereof: to comply with 20 traffic-control indications in violation of subdivision (d) of section 21 eleven hundred eleven of this chapter through the installation and oper- 22 ation of traffic-control signal photo violation-monitoring systems, in 23 accordance with article twenty-four of this chapter; to comply with 24 certain posted maximum speed limits in violation of subdivision (b), 25 (c), (d), (f) or (g) of section eleven hundred eighty of this chapter 26 through the installation and operation of photo speed violation monitor- 27 ing systems, in accordance with article thirty of this chapter; to 28 comply with certain posted maximum speed limits in violation of subdivi- 29 sion (b), (d), (f) or (g) of section eleven hundred eighty-h of this 30 chapter within a highway safety corridor through the installation and 31 operation of photo speed violation monitoring systems, in accordance 32 with article thirty of this chapter; to comply with bus lane 33 restrictions as defined by article twenty-four of this chapter through 34 the installation and operation of bus lane photo devices, in accordance 35 with article twenty-four of this chapter; to comply with toll collection 36 regulations of certain public authorities through the installation and 37 operation of photo-monitoring systems, in accordance with the provisions 38 of section two thousand nine hundred eighty-five of the public authori- 39 ties law and sections sixteen-a, sixteen-b and sixteen-c of chapter 40 seven hundred seventy-four of the laws of nineteen hundred fifty; to 41 stop for a school bus displaying a red visual signal in violation of 42 section eleven hundred seventy-four of this chapter through the instal- 43 lation and operation of school bus photo violation monitoring systems, 44 in accordance with article twenty-nine of this chapter; to comply with 45 certain posted maximum speed limits in violation of subdivision (b), 46 (d), (f) or (g) of section eleven hundred eighty of this chapter within 47 a highway construction or maintenance work area through the installation 48 and operation of photo speed violation monitoring systems, in accordance 49 with article thirty of this chapter; to comply with gross vehicle weight 50 and/or axle weight restrictions in violation 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 through the installation and operation of 53 weigh in motion violation monitoring systems, in accordance with article 54 ten of this chapter; or to comply with bus operation-related traffic 55 regulations as defined by article twenty-four of this chapter in 56 violation of the rules of the department of transportation of the cityA. 3535 11 1 of New York through the installation and operation of bus operation-re- 2 lated photo devices, in accordance with article twenty-four of this 3 chapter, of the person charged, as applicable prior to rendering a final 4 determination. Final determinations sustaining or dismissing charges 5 shall be entered on a final determination roll maintained by the bureau 6 together with records showing payment and nonpayment of penalties. 7 2. Where an operator or owner fails to enter a plea to a charge of a 8 parking violation or contest an allegation of liability in accordance 9 with any provisions of law specifically authorizing the imposition of 10 monetary liability on the owner of a vehicle for failure of an operator 11 thereof: to comply with traffic-control indications in violation of 12 subdivision (d) of section eleven hundred eleven of this chapter through 13 the installation and operation of traffic-control signal photo viola- 14 tion-monitoring systems, in accordance with article twenty-four of this 15 chapter; to comply with certain posted maximum speed limits in violation 16 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred 17 eighty of this chapter through the installation and operation of photo 18 speed violation monitoring systems, in accordance with article thirty of 19 this chapter; to comply with certain posted maximum speed limits in 20 violation of subdivision (b), (d), (f) or (g) of section eleven hundred 21 eighty-h of this chapter within a highway safety corridor through the 22 installation and operation of photo speed violation monitoring systems, 23 in accordance with article thirty of this chapter; to comply with bus 24 lane restrictions as defined by article twenty-four of this chapter 25 through the installation and operation of bus lane photo devices, in 26 accordance with article twenty-four of this chapter; to comply with toll 27 collection regulations of certain public authorities through the instal- 28 lation and operation of photo-monitoring systems, in accordance with the 29 provisions of section two thousand nine hundred eighty-five of the 30 public authorities law and sections sixteen-a, sixteen-b and sixteen-c 31 of chapter seven hundred seventy-four of the laws of nineteen hundred 32 fifty; to stop for a school bus displaying a red visual signal in 33 violation of section eleven hundred seventy-four of this chapter through 34 the installation and operation of school bus photo violation monitoring 35 systems, in accordance with article twenty-nine of this chapter; to 36 comply with certain posted maximum speed limits in violation of subdivi- 37 sion (b), (d), (f) or (g) of section eleven hundred eighty of this chap- 38 ter within a highway construction or maintenance work area through the 39 installation and operation of photo speed violation monitoring systems, 40 in accordance with article thirty of this chapter; to comply with gross 41 vehicle weight and/or axle weight restrictions in violation of section 42 three hundred eighty-five of this chapter and the rules of the depart- 43 ment of transportation of the city of New York through the installation 44 and operation of weigh in motion violation monitoring systems, in 45 accordance with article ten of this chapter; or to comply with bus oper- 46 ation-related traffic regulations as defined by article twenty-four of 47 this chapter in violation of the rules of the department of transporta- 48 tion of the city of New York through the installation and operation of 49 bus operation-related photo devices, in accordance with article twenty- 50 four of this chapter, or fails to appear on a designated hearing date or 51 subsequent adjourned date or fails after a hearing to comply with the 52 determination of a hearing examiner, as prescribed by this article or by 53 rule or regulation of the bureau, such failure to plead or contest, 54 appear or comply shall be deemed, for all purposes, an admission of 55 liability and shall be grounds for rendering and entering a default 56 judgment in an amount provided by the rules and regulations of theA. 3535 12 1 bureau. However, after the expiration of the original date prescribed 2 for entering a plea and before a default judgment may be rendered, in 3 such case the bureau shall pursuant to the applicable provisions of law 4 notify such operator or owner, by such form of first class mail as the 5 commission may direct; (1) of the violation charged, or liability 6 alleged in accordance with any provisions of law specifically authoriz- 7 ing the imposition of monetary liability on the owner of a vehicle for 8 failure of an operator thereof: to comply with traffic-control indi- 9 cations in violation of subdivision (d) of section eleven hundred eleven 10 of this chapter through the installation and operation of traffic-con- 11 trol signal photo violation-monitoring systems, in accordance with arti- 12 cle twenty-four of this chapter; to comply with certain posted maximum 13 speed limits in violation of subdivision (b), (c), (d), (f) or (g) of 14 section eleven hundred eighty of this chapter through the installation 15 and operation of photo speed violation monitoring systems, in accordance 16 with article thirty of this chapter; to comply with bus lane 17 restrictions as defined by article twenty-four of this chapter through 18 the installation and operation of bus lane photo devices, in accordance 19 with article twenty-four of this chapter; to comply with toll collection 20 regulations of certain public authorities through the installation and 21 operation of photo-monitoring systems, in accordance with the provisions 22 of section two thousand nine hundred eighty-five of the public authori- 23 ties law and sections sixteen-a, sixteen-b and sixteen-c of chapter 24 seven hundred seventy-four of the laws of nineteen hundred fifty; to 25 stop for a school bus displaying a red visual signal in violation of 26 section eleven hundred seventy-four of this chapter through the instal- 27 lation and operation of school bus photo violation monitoring systems, 28 in accordance with article twenty-nine of this chapter; to comply with 29 certain posted maximum speed limits in violation of subdivision (b), 30 (d), (f) or (g) of section eleven hundred eighty of this chapter within 31 a highway construction or maintenance work area through the installation 32 and operation of photo speed violation monitoring systems, in accordance 33 with article thirty of this chapter; or to comply with certain posted 34 maximum speed limits in violation of subdivision (b), (d), (f) or (g) of 35 section eleven hundred eighty-h of this chapter within a highway safety 36 corridor through the installation and operation of photo speed violation 37 monitoring systems, in accordance with article thirty of this chapter; 38 to comply with gross vehicle weight and/or axle weight restrictions in 39 violation of section three hundred eighty-five of this chapter and the 40 rules of the department of transportation of the city of New York 41 through the installation and operation of weigh in motion violation 42 monitoring systems, in accordance with article ten of this chapter; or 43 to comply with bus operation-related traffic regulations as defined by 44 article twenty-four of this chapter in violation of the rules of the 45 department of transportation of the city of New York through the instal- 46 lation and operation of bus operation-related photo devices, in accord- 47 ance with article twenty-four of this chapter, (2) of the impending 48 default judgment, (3) that such judgment will be entered in the Civil 49 Court of the city in which the bureau has been established, or other 50 court of civil jurisdiction or any other place provided for the entry of 51 civil judgments within the state of New York, and (4) that a default may 52 be avoided by entering a plea or contesting an allegation of liability 53 in accordance with any provisions of law specifically authorizing the 54 imposition of monetary liability on the owner of a vehicle for failure 55 of an operator thereof: to comply with traffic-control indications in 56 violation of subdivision (d) of section eleven hundred eleven of thisA. 3535 13 1 chapter through the installation and operation of traffic-control signal 2 photo violation-monitoring systems, in accordance with article twenty- 3 four of this chapter; to comply with certain posted maximum speed limits 4 in violation of subdivision (b), (c), (d), (f) or (g) of section eleven 5 hundred eighty of this chapter through the installation and operation of 6 photo speed violation monitoring systems, in accordance with article 7 thirty of this chapter; to comply with bus lane restrictions as defined 8 by article twenty-four of this chapter through the installation and 9 operation of bus lane photo devices, in accordance with article twenty- 10 four of this chapter; to comply with toll collection regulations of 11 certain public authorities through the installation and operation of 12 photo-monitoring systems, in accordance with the provisions of section 13 two thousand nine hundred eighty-five of the public authorities law and 14 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred 15 seventy-four of the laws of nineteen hundred fifty; to stop for a school 16 bus displaying a red visual signal in violation of section eleven 17 hundred seventy-four of this chapter through the installation and opera- 18 tion of school bus photo violation monitoring systems, in accordance 19 with article twenty-nine of this chapter; to comply with certain posted 20 maximum speed limits in violation of subdivision (b), (d), (f) or (g) of 21 section eleven hundred eighty of this chapter within a highway 22 construction or maintenance work area through the installation and oper- 23 ation of photo speed violation monitoring systems, in accordance with 24 article thirty of this chapter; to comply with gross vehicle weight 25 and/or axle weight restrictions in violation of section three hundred 26 eighty-five of this chapter and the rules of the department of transpor- 27 tation of the city of New York through the installation and operation of 28 weigh in motion violation monitoring systems, in accordance with article 29 ten of this chapter; or to comply with bus operation-related traffic 30 regulations as defined by article twenty-four of this chapter in 31 violation of the rules of the department of transportation of the city 32 of New York through the installation and operation of bus operation-re- 33 lated photo devices, in accordance with article twenty-four of this 34 chapter; or making an appearance within thirty days of the sending of 35 such notice. Pleas entered and allegations contested within that period 36 shall be in the manner prescribed in the notice and not subject to addi- 37 tional penalty or fee. Such notice of impending default judgment shall 38 not be required prior to the rendering and entry thereof in the case of 39 operators or owners who are non-residents of the state of New York. In 40 no case shall a default judgment be rendered or, where required, a 41 notice of impending default judgment be sent, more than two years after 42 the expiration of the time prescribed for entering a plea or contesting 43 an allegation. When a person has demanded a hearing, no fine or penalty 44 shall be imposed for any reason, prior to the holding of the hearing. If 45 the hearing examiner shall make a determination on the charges, sustain- 46 ing them, [he or she] the hearing examiner shall impose no greater 47 penalty or fine than those upon which the person was originally charged. 48 § 9. Paragraph a of subdivision 5-a of section 401 of the vehicle and 49 traffic law, as separately added by chapters 421, 460 and 773 of the 50 laws of 2021, subparagraph (i) as amended by section 8 of part MM of 51 chapter 56 of the laws of 2023, is amended to read as follows: 52 a. [(i)] If at the time of application for a registration or renewal 53 thereof there is a certification from a court, parking violations 54 bureau, traffic and parking violations agency or administrative tribunal 55 of appropriate jurisdiction that the registrant or [his or her] the 56 registrant's representative failed to appear on the return date or anyA. 3535 14 1 subsequent adjourned date or failed to comply with the rules and regu- 2 lations of an administrative tribunal following entry of a final deci- 3 sion in response to a total of three or more summonses or other process 4 in the aggregate, issued within an eighteen month period, charging 5 either that: (i) such motor vehicle was parked, stopped or standing, or 6 that such motor vehicle was operated for hire by the registrant or [his7or her] the registrant's agent without being licensed as a motor vehicle 8 for hire by the appropriate local authority, in violation of any of the 9 provisions of this chapter or of any law, ordinance, rule or regulation 10 made by a local authority; or (ii) the registrant was liable for a 11 violation of subdivision (d) of section eleven hundred eleven of this 12 chapter imposed pursuant to a local law or ordinance imposing monetary 13 liability on the owner of a vehicle for failure of an operator thereof 14 to comply with traffic-control indications through the installation and 15 operation of traffic-control signal photo violation-monitoring systems, 16 in accordance with article twenty-four of this chapter; or (iii) the 17 registrant was liable for a violation of subdivision (b), (c), (d), (f) 18 or (g) of section eleven hundred eighty of this chapter imposed pursuant 19 to a demonstration program imposing monetary liability on the owner of a 20 vehicle for failure of an operator thereof to comply with such posted 21 maximum speed limits through the installation and operation of photo 22 speed violation monitoring systems, in accordance with article thirty of 23 this chapter; or (iv) the registrant was liable for a violation of bus 24 lane restrictions as defined by article twenty-four of this chapter 25 imposed pursuant to a bus rapid transit program imposing monetary 26 liability on the owner of a vehicle for failure of an operator thereof 27 to comply with such bus lane restrictions through the installation and 28 operation of bus lane photo devices, in accordance with article twenty- 29 four of this chapter; or (v) the registrant was liable for a violation 30 of section eleven hundred seventy-four of this chapter when meeting a 31 school bus marked and equipped as provided in subdivisions twenty and 32 twenty-one-c of section three hundred seventy-five of this chapter 33 imposed pursuant to a local law or ordinance imposing monetary liability 34 on the owner of a vehicle for failure of an operator thereof to comply 35 with school bus red visual signals through the installation and opera- 36 tion of school bus photo violation monitoring systems, in accordance 37 with article twenty-nine of this chapter; or (vi) the registrant was 38 liable for a violation of section three hundred eighty-five of this 39 chapter and the rules of the department of transportation of the city of 40 New York in relation to gross vehicle weight and/or axle weight 41 violations imposed pursuant to a weigh in motion demonstration program 42 imposing monetary liability on the owner of a vehicle for failure of an 43 operator thereof to comply with such gross vehicle weight and/or axle 44 weight restrictions through the installation and operation of weigh in 45 motion violation monitoring systems, in accordance with article ten of 46 this chapter; or (vii) the registrant was liable for a violation of 47 subdivision (b), (d), (f) or (g) of section eleven hundred eighty of 48 this chapter imposed pursuant to a demonstration program imposing mone- 49 tary liability on the owner of a vehicle for failure of an operator 50 thereof to comply with such posted maximum speed limits within a highway 51 construction or maintenance work area through the installation and oper- 52 ation of photo speed violation monitoring systems, in accordance with 53 article thirty of this chapter, or (viii) the registrant was liable for 54 a violation of subdivision (b), (d), (f) or (g) of section eleven 55 hundred eighty-h of this chapter imposed pursuant to a demonstration 56 program imposing monetary liability on the owner of a vehicle for fail-A. 3535 15 1 ure of an operator thereof to comply with such posted maximum speed 2 limits within a highway safety corridor through the installation and 3 operation of photo speed violation monitoring systems, in accordance 4 with article thirty of this chapter, or (ix) the registrant was liable 5 for a violation of bus operation-related traffic regulations as defined 6 by article twenty-four 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 bus operation-re- 9 lated traffic regulations through the installation and operation of bus 10 operation-related photo devices, in accordance with article twenty-four 11 of this chapter, the commissioner or [his or her] the commissioner's 12 agent shall deny the registration or renewal application until the 13 applicant provides proof from the court, traffic and parking violations 14 agency or administrative tribunal wherein the charges are pending that 15 an appearance or answer has been made or in the case of an administra- 16 tive tribunal that [he or she] the registrant has complied with the 17 rules and regulations of said tribunal following entry of a final deci- 18 sion. Where an application is denied pursuant to this section, the 19 commissioner may, in [his or her] the commissioner's discretion, deny a 20 registration or renewal application to any other person for the same 21 vehicle and may deny a registration or renewal application for any other 22 motor vehicle registered in the name of the applicant where the commis- 23 sioner has determined that such registrant's intent has been to evade 24 the purposes of this subdivision and where the commissioner has reason- 25 able grounds to believe that such registration or renewal will have the 26 effect of defeating the purposes of this subdivision. Such denial shall 27 only remain in effect as long as the summonses remain unanswered, or in 28 the case of an administrative tribunal, the registrant fails to comply 29 with the rules and regulations following entry of a final decision. 30 [(ii)] For purposes of this paragraph, the term "motor vehicle oper- 31 ated for hire" shall mean and include a taxicab, livery, coach, limou- 32 sine or tow truck. 33 § 10. Subdivision 1-a of section 1809 of the vehicle and traffic law, 34 as amended by section 9 of part MM of chapter 56 of the laws of 2023, is 35 amended to read as follows: 36 1-a. Notwithstanding the provisions of subdivision one of this 37 section, the provisions of subdivision one of this section shall not 38 apply to an adjudication of liability of owners: (a) for violations of 39 subdivision (d) of section eleven hundred eleven of this chapter imposed 40 pursuant to a local law or ordinance imposing monetary liability on the 41 owner of a vehicle for failure of an operator thereof to comply with 42 traffic-control indications through the installation and operation of 43 traffic-control signal photo violation-monitoring systems, in accordance 44 with article twenty-four of this chapter; or (b) for violations of 45 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty 46 of this chapter imposed pursuant to a demonstration program imposing 47 monetary liability on the owner of a vehicle for failure of an operator 48 thereof to comply with such posted maximum speed limits through the 49 installation and operation of photo speed violation monitoring systems, 50 in accordance with article thirty of this chapter; or (c) for violations 51 of bus lane restrictions as defined by article twenty-four of this chap- 52 ter imposed pursuant to a bus rapid transit program imposing monetary 53 liability on the owner of a vehicle for failure of an operator thereof 54 to comply with such bus lane restrictions through the installation and 55 operation of bus lane photo devices, in accordance with article twenty- 56 four of this chapter; or (d) for violations of toll collection regu-A. 3535 16 1 lations imposed by certain public authorities pursuant to the law 2 authorizing such public authorities to impose monetary liability on the 3 owner of a vehicle for failure of an operator thereof to comply with 4 toll collection regulations of such public authorities through the 5 installation and operation of photo-monitoring systems, in accordance 6 with the provisions of section two thousand nine hundred eighty-five of 7 the public authorities law and sections sixteen-a, sixteen-b and 8 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen 9 hundred fifty; or (e) for violations of section eleven hundred seventy- 10 four of this chapter when meeting a school bus marked and equipped as 11 provided in subdivisions twenty and twenty-one-c of section three 12 hundred seventy-five of this chapter imposed pursuant to a local law or 13 ordinance imposing monetary liability on the owner of a vehicle for 14 failure of an operator thereof to comply with school bus red visual 15 signals through the installation and operation of school bus photo 16 violation monitoring systems, in accordance with article twenty-nine of 17 this chapter; or (f) for violations of section three hundred eighty-five 18 of this chapter and the rules of the department of transportation of the 19 city of New York in relation to gross vehicle weight and/or axle weight 20 violations imposed pursuant to a weigh in motion demonstration program 21 imposing monetary liability on the owner of a vehicle for failure of an 22 operator thereof to comply with such gross vehicle weight and/or axle 23 weight restrictions through the installation and operation of weigh in 24 motion violation monitoring systems, in accordance with article ten of 25 this chapter; or (g) for violations of subdivision (b), (d), (f) or (g) 26 of section eleven hundred eighty of this chapter imposed pursuant to a 27 demonstration program imposing monetary liability on the owner of a 28 vehicle for failure of an operator thereof to comply with such posted 29 maximum speed limits within a highway construction or maintenance work 30 area through the installation and operation of photo speed violation 31 monitoring systems, in accordance with article thirty of this chapter; 32 or (h) for violations of bus operation-related traffic regulations as 33 defined by article twenty-four of this chapter imposed pursuant to a 34 demonstration program imposing monetary liability on the owner of a 35 vehicle for failure of an operator thereof to comply with such bus oper- 36 ation-related traffic regulations through the installation and operation 37 of bus operation-related photo devices, in accordance with article twen- 38 ty-four of this chapter; or (h) for violations of subdivision (b), (d), 39 (f) or (g) of section eleven hundred eighty-h of this chapter imposed 40 pursuant to a demonstration program imposing monetary liability on the 41 owner of a vehicle for failure of an operator thereof to comply with 42 such posted maximum speed limits within a highway construction or 43 maintenance work area through the installation and operation of photo 44 speed violation monitoring systems, in accordance with article thirty of 45 this chapter. 46 § 11. Paragraph a of subdivision 1 of section 1809-e of the vehicle 47 and traffic law, as amended by section 12 of part MM of chapter 56 of 48 the laws of 2023, is amended to read as follows: 49 a. Notwithstanding any other provision of law, whenever proceedings in 50 a court or an administrative tribunal of this state result in a 51 conviction for an offense under this chapter, except a conviction pursu- 52 ant to section eleven hundred ninety-two of this chapter, or for a traf- 53 fic infraction under this chapter, or a local law, ordinance, rule or 54 regulation adopted pursuant to this chapter, except: (i) a traffic 55 infraction involving standing, stopping, or parking or violations by 56 pedestrians or bicyclists; and (ii) an adjudication of liability of anA. 3535 17 1 owner for a violation of subdivision (d) of section eleven hundred elev- 2 en of this chapter imposed pursuant to a local law or ordinance imposing 3 monetary liability on the owner of a vehicle for failure of an operator 4 thereof to comply with traffic-control indications through the installa- 5 tion and operation of traffic-control signal photo violation-monitoring 6 systems, in accordance with article twenty-four of this chapter; and 7 (iii) an adjudication of liability of an owner for a violation of subdi- 8 vision (b), (c), (d), (f) or (g) of section eleven hundred eighty of 9 this chapter imposed pursuant to a demonstration program imposing mone- 10 tary liability on the owner of a vehicle for failure of an operator 11 thereof to comply with such posted maximum speed limits through the 12 installation and operation of photo speed violation monitoring systems, 13 in accordance with article thirty of this chapter; and (iv) an adjudi- 14 cation of liability of an owner for a violation of bus lane restrictions 15 as defined by article twenty-four of this chapter imposed pursuant to a 16 bus rapid transit program imposing monetary liability on the owner of a 17 vehicle for failure of an operator thereof to comply with such bus lane 18 restrictions through the installation and operation of bus lane photo 19 devices, in accordance with article twenty-four of this chapter; and (v) 20 an adjudication of liability of an owner for a violation of toll 21 collection regulations imposed by certain public authorities pursuant to 22 the law authorizing such public authorities to impose monetary liability 23 on the owner of a vehicle for failure of an operator thereof to comply 24 with toll collection regulations of such public authorities through the 25 installation and operation of photo-monitoring systems, in accordance 26 with section two thousand nine hundred eighty-five of the public author- 27 ities law or sections sixteen-a, sixteen-b and sixteen-c of chapter 28 seven hundred seventy-four of the laws of nineteen hundred fifty; and 29 (vi) an adjudication of liability of an owner for a violation of section 30 eleven hundred seventy-four of this chapter when meeting a school bus 31 marked and equipped as provided in subdivisions twenty and twenty-one-c 32 of section three hundred seventy-five of this chapter imposed pursuant 33 to a local law or ordinance imposing monetary liability on the owner of 34 a vehicle for failure of an operator thereof to comply with school bus 35 red visual signals through the installation and operation of school bus 36 photo violation monitoring systems, in accordance with article twenty- 37 nine of this chapter; and (vii) an adjudication of liability of an owner 38 for a violation of section three hundred eighty-five of this chapter and 39 the rules of the department of transportation of the city of New York in 40 relation to gross vehicle weight and/or axle weight violations imposed 41 pursuant to a weigh in motion demonstration program imposing monetary 42 liability on the owner of a vehicle for failure of an operator thereof 43 to comply with such gross vehicle weight and/or axle weight restrictions 44 through the installation and operation of weigh in motion violation 45 monitoring systems, in accordance with article ten of this chapter; and 46 (viii) an adjudication of liability of an owner for a violation of 47 subdivision (b), (d), (f) or (g) of section eleven hundred eighty of 48 this chapter imposed pursuant to a demonstration program imposing mone- 49 tary liability on the owner of a vehicle for failure of an operator 50 thereof to comply with such posted maximum speed limits within a highway 51 construction or maintenance work area through the installation and oper- 52 ation of photo speed violation monitoring systems, in accordance with 53 article thirty of this chapter; and (ix) an adjudication of liability of 54 an owner for a violation of subdivision (b), (d), (f) or (g) of section 55 eleven hundred eighty-h of this chapter imposed pursuant to a demon- 56 stration program imposing monetary liability on the owner of a vehicleA. 3535 18 1 for failure of an operator thereof to comply with such posted maximum 2 speed limits within a highway safety corridor through the installation 3 and operation of photo speed violation monitoring systems, in accordance 4 with article thirty of this chapter, and [(ix)] (x) an adjudication of 5 liability of an owner for a violation of bus operation-related traffic 6 regulations as defined by article twenty-four of this chapter imposed 7 pursuant to a demonstration program imposing monetary liability on the 8 owner of a vehicle for failure of an operator thereof to comply with 9 such bus operation-related traffic regulations through the installation 10 and operation of bus operation-related photo devices, in accordance with 11 article twenty-four of this chapter, there shall be levied in addition 12 to any sentence, penalty or other surcharge required or permitted by 13 law, an additional surcharge of twenty-eight dollars. 14 § 12. Section 371-a of the general municipal law, as separately added 15 by chapters 421, 460 and 773 of the laws of 2021, is amended to read as 16 follows: 17 § 371-a. Additional jurisdiction and procedure related to the adjudi- 18 cation of certain notices of liability. A traffic violations bureau 19 established pursuant to subdivision one and a traffic and parking 20 violations agency established pursuant to subdivision two of section 21 three hundred seventy-one of this article may be authorized to adjudi- 22 cate, in accordance with the provisions of this article, the liability 23 of owners: (a) for violations of subdivision (d) of section eleven 24 hundred eleven of the vehicle and traffic law imposed pursuant to a 25 local law or ordinance imposing monetary liability on the owner of a 26 vehicle for failure of an operator thereof to comply with traffic-con- 27 trol indications through the installation and operation of traffic-con- 28 trol signal photo violation-monitoring systems, in accordance with arti- 29 cle twenty-four of the vehicle and traffic law; or (b) for violations of 30 section eleven hundred seventy-four of the vehicle and traffic law when 31 meeting a school bus marked and equipped as provided in subdivisions 32 twenty and twenty-one-c of section three hundred seventy-five of the 33 vehicle and traffic law imposed pursuant to a local law or ordinance 34 imposing monetary liability on the owner of a vehicle for failure of an 35 operator thereof to comply with school bus red visual signals through 36 the installation and operation of school bus photo violation monitoring 37 systems, in accordance with article twenty-nine of the vehicle and traf- 38 fic law; or (c) for violations of subdivision (b), (d), (f) or (g) of 39 section eleven hundred eighty of the vehicle and traffic law imposed 40 pursuant to a demonstration program imposing monetary liability on the 41 owner of a vehicle for failure of an operator thereof to comply with 42 such posted maximum speed limits within a highway construction or main- 43 tenance work area through the installation and operation of photo speed 44 violation monitoring systems, in accordance with article thirty of this 45 chapter; or (d) for violations of subdivision (b), (d), (f) or (g) of 46 section eleven hundred eighty-h of the vehicle and traffic law imposed 47 pursuant to a demonstration program imposing monetary liability on the 48 owner of a vehicle for failure of an operator thereof to comply with 49 such posted maximum speed limits within a highway construction or main- 50 tenance work area through the installation and operation of photo speed 51 violation monitoring systems, in accordance with article thirty of the 52 vehicle and traffic law. 53 § 13. The vehicle and traffic law is amended by adding a new section 54 1180-h to read as follows: 55 § 1180-h. Owner liability for failure of operator to comply with 56 certain posted maximum speed limits. (a) 1. Notwithstanding any otherA. 3535 19 1 provision of law, the commissioner is hereby authorized to establish a 2 demonstration program imposing monetary liability on the owner of a 3 vehicle for failure of an operator thereof to comply with posted maximum 4 speed limits in a highway safety corridor. The commissioner, in consul- 5 tation with the superintendent of the division of state police, shall 6 determine the location in the highway safety corridor in which to 7 install and operate photo speed violation monitoring systems. In select- 8 ing a location in a highway safety corridor in which to install and 9 operate a photo speed violation monitoring system, the commissioner 10 shall consider criteria including, but not limited to, the speed data, 11 crash history, and roadway geometry applicable to such highway safety 12 corridor. A photo speed violation monitoring system shall not be 13 installed or operated on a controlled-access highway exit ramp. 14 2. Notwithstanding any other provision of law, after holding a public 15 hearing in accordance with the public officers law and subsequent 16 approval of the establishment of a demonstration program in accordance 17 with this section by a majority of the members of the entire board of 18 the thruway authority, the chair is hereby authorized to establish a 19 demonstration program imposing monetary liability on the owner of a 20 vehicle for failure of an operator thereof to comply with posted maximum 21 speed limits in a highway safety corridor. The chair, in consultation 22 with the superintendent of the division of state police, shall determine 23 the location of the highway safety corridor located on the thruway in 24 which to install and operate photo speed violation monitoring systems. 25 In selecting an area in which to install and operate a photo speed 26 violation monitoring system, the chair shall consider criteria includ- 27 ing, but not limited to, the speed data, crash history, and roadway 28 geometry applicable to such highway safety corridor. A photo speed 29 violation monitoring system shall not be installed or operated on a 30 thruway exit ramp. 31 3. No photo speed violation monitoring system shall be used in a high- 32 way safety corridor unless (i) on the day it is to be used it has 33 successfully passed a self-test of its functions; and (ii) it has under- 34 gone an annual calibration check performed pursuant to paragraph five of 35 this subdivision. The commissioner or chair, as applicable, shall 36 install signs giving notice that a photo speed violation monitoring 37 system is in use, in conformance with standards established in the 38 MUTCD. 39 4. Operators of photo speed violation monitoring systems shall have 40 completed training in the procedures for setting up, testing, and oper- 41 ating such systems. Each such operator shall complete and sign a daily 42 set-up log for each such system that the operator operates that (i) 43 states the date and time when, and the location where, the system was 44 set up that day, and (ii) states that such operator successfully 45 performed, and the system passed, the self-tests of such system before 46 producing a recorded image that day. The commissioner or the chair, as 47 applicable, shall retain each such daily log until the later of the date 48 on which the photo speed violation monitoring system to which it applies 49 has been permanently removed from use or the final resolution of all 50 cases involving notices of liability issued based on photographs, micro- 51 photographs, video or other recorded images produced by such system. 52 5. Each photo speed violation monitoring system shall undergo an annu- 53 al calibration check performed by an independent calibration laboratory 54 which shall issue a signed certificate of calibration. The commissioner 55 or the chair, as applicable, shall keep each such annual certificate of 56 calibration on file until the final resolution of all cases involving aA. 3535 20 1 notice of liability issued during such year which were based on photo- 2 graphs, microphotographs, videotape or other recorded images produced by 3 such photo speed violation monitoring system. 4 6. (i) Such demonstration program shall utilize necessary technologies 5 to ensure, to the extent practicable, that photographs, microphoto- 6 graphs, videotape or other recorded images produced by such photo speed 7 violation monitoring systems shall not include images that identify the 8 driver, the passengers, or the contents of the vehicle. Provided, howev- 9 er, that no notice of liability issued pursuant to this section shall be 10 dismissed solely because such a photograph, microphotograph, videotape 11 or other recorded image allows for the identification of the driver, the 12 passengers, or the contents of vehicles where the commissioner or the 13 chair, as applicable, shows that they made reasonable efforts to comply 14 with the provisions of this paragraph in such case. 15 (ii) Photographs, microphotographs, videotape or any other recorded 16 image from a photo speed violation monitoring system shall be for the 17 exclusive use of the commissioner or the chair, as applicable, for the 18 purpose of the adjudication of liability imposed pursuant to this 19 section and of the owner receiving a notice of liability pursuant to 20 this section, and shall be destroyed by the commissioner or chair, as 21 applicable, upon the final resolution of the notice of liability to 22 which such photographs, microphotographs, videotape or other recorded 23 images relate, or one year following the date of issuance of such notice 24 of liability, whichever is later. Notwithstanding the provisions of any 25 other law, rule or regulation to the contrary, photographs, microphoto- 26 graphs, videotape or any other recorded image from a photo speed 27 violation monitoring system shall not be open to the public, nor subject 28 to civil or criminal process or discovery, nor used by any court or 29 administrative or adjudicatory body in any action or proceeding therein 30 except that which is necessary for the adjudication of a notice of 31 liability issued pursuant to this section, and no public entity or 32 employee, officer or agent thereof shall disclose such information, 33 except that such photographs, microphotographs, videotape or any other 34 recorded images from such systems: 35 (A) shall be available for inspection and copying and use by the motor 36 vehicle owner and operator for so long as such photographs, microphoto- 37 graphs, videotape or other recorded images are required to be maintained 38 or are maintained by such public entity, employee, officer or agent; and 39 (B) (1) shall be furnished when described in a search warrant issued 40 by a court authorized to issue such a search warrant pursuant to article 41 six hundred ninety of the criminal procedure law or a federal court 42 authorized to issue such a search warrant under federal law, where such 43 search warrant states that there is reasonable cause to believe such 44 information constitutes evidence of, or tends to demonstrate that, a 45 misdemeanor or felony offense was committed in this state or another 46 state, or that a particular person participated in the commission of a 47 misdemeanor or felony offense in this state or another state, provided, 48 however, that if such offense was against the laws of another state, the 49 court shall only issue a warrant if the conduct comprising such offense 50 would, if occurring in this state, constitute a misdemeanor or felony 51 against the laws of this state; and 52 (2) shall be furnished in response to a subpoena duces tecum signed by 53 a judge of competent jurisdiction and issued pursuant to article six 54 hundred ten of the criminal procedure law or a judge or magistrate of a 55 federal court authorized to issue such a subpoena duces tecum under 56 federal law, where the judge finds and the subpoena states that there isA. 3535 21 1 reasonable cause to believe such information is relevant and material to 2 the prosecution, or the defense, or the investigation by an authorized 3 law enforcement official, of the alleged commission of a misdemeanor or 4 felony in this state or another state, provided, however, that if such 5 offense was against the laws of another state, such judge or magistrate 6 shall only issue such subpoena if the conduct comprising such offense 7 would, if occurring in this state, constitute a misdemeanor or felony in 8 this state; and 9 (3) may, if lawfully obtained pursuant to this clause and clause (A) 10 of this subparagraph and otherwise admissible, be used in such criminal 11 action or proceeding. 12 (b) If the commissioner or chair establishes a demonstration program 13 pursuant to subdivision (a) of this section, the owner of a vehicle 14 shall be liable for a penalty imposed pursuant to this section if such 15 vehicle was used or operated with the permission of the owner, express 16 or implied, within a highway safety corridor located on a controlled-ac- 17 cess highway or on the thruway in violation of paragraph two of subdivi- 18 sion (d) or subdivision (f), or when other speed limits are in effect in 19 violation of subdivision (b) or (g) or paragraph one of subdivision (d), 20 of section eleven hundred eighty of this article, such vehicle was trav- 21 eling at a speed of more than ten miles per hour above the posted speed 22 limit in effect within such highway safety corridor, and such violation 23 is evidenced by information obtained from a photo speed violation moni- 24 toring system; provided however that no owner of a vehicle shall be 25 liable for a penalty imposed pursuant to this section where the operator 26 of such vehicle has been convicted of the underlying violation of subdi- 27 vision (b), (d), (f) or (g) of section eleven hundred eighty of this 28 article. 29 (c) For purposes of this section, the following terms shall have the 30 following meanings: 31 1. "chair" shall mean the chair of the New York state thruway authori- 32 ty; 33 2. "commissioner" shall mean the commissioner of transportation; 34 3. "controlled-access highway" shall mean a controlled-access highway 35 as defined by section one hundred nine of this chapter under the commis- 36 sioner's jurisdiction which has been functionally classified by the 37 department of transportation as principal arterial - interstate or prin- 38 cipal arterial - other freeway/expressway on official functional classi- 39 fication maps approved by the federal highway administration pursuant to 40 part 470.105 of title 23 of the code of federal regulations, as amended 41 from time to time; 42 4. "manual on uniform traffic control devices" or "MUTCD" shall mean 43 the manual and specifications for a uniform system of traffic control 44 devices maintained by the commissioner pursuant to section sixteen 45 hundred eighty of this chapter; 46 5. "owner" shall have the meaning provided in article two-B of this 47 chapter; 48 6. "photo speed violation monitoring system" shall mean a vehicle 49 sensor installed to work in conjunction with a speed measuring device 50 which automatically produces two or more photographs, two or more micro- 51 photographs, a videotape or other recorded images of each vehicle at the 52 time it is used or operated in a highway safety corridor located on a 53 controlled-access highway or on the thruway in violation of subdivision 54 (b), (d), (f) or (g) of section eleven hundred eighty of this article in 55 accordance with the provisions of this section;A. 3535 22 1 7. "thruway authority" shall mean the New York state thruway authori- 2 ty, a body corporate and politic constituting a public corporation 3 created and constituted pursuant to title nine of article two of the 4 public authorities law; and 5 8. "thruway" shall mean generally a divided highway under the juris- 6 diction of the thruway authority for mixed traffic with access limited 7 as the thruway authority may determine and generally with grade sepa- 8 rations at intersections. 9 (d) A certificate, sworn to or affirmed by a technician employed by 10 the commissioner or chair as applicable, or a facsimile thereof, based 11 upon inspection of photographs, microphotographs, videotape or other 12 recorded images produced by a photo speed violation monitoring system, 13 shall be prima facie evidence of the facts contained therein. Any photo- 14 graphs, microphotographs, videotape or other recorded images evidencing 15 such a violation shall include at least two date and time stamped images 16 of the rear of the motor vehicle that include the same stationary object 17 near the motor vehicle and shall be available for inspection reasonably 18 in advance of and at any proceeding to adjudicate the liability for such 19 violation pursuant to this section. 20 (e) An owner liable for a violation of subdivision (b), (d), (f) or 21 (g) of section eleven hundred eighty of this article pursuant to a 22 demonstration program established pursuant to this section shall be 23 liable for monetary penalties not to exceed fifty dollars for a first 24 violation, seventy-five dollars for a second violation both of which 25 were committed within a period of eighteen months, and one hundred 26 dollars for a third or subsequent violation all of which were committed 27 within a period of eighteen months; provided, however, that an addi- 28 tional penalty not in excess of twenty-five dollars for each violation 29 may be imposed for the failure to respond to a notice of liability with- 30 in the prescribed time period. 31 (f) An imposition of liability under the demonstration program estab- 32 lished pursuant to this section shall not be deemed a conviction as an 33 operator and shall not be made part of the operating record of the 34 person upon whom such liability is imposed nor shall it be used for 35 insurance purposes in the provision of motor vehicle insurance coverage. 36 (g) 1. A notice of liability shall be sent by first class mail to each 37 person alleged to be liable as an owner for a violation of subdivision 38 (b), (d), (f) or (g) of section eleven hundred eighty of this article 39 pursuant to this section, within fourteen business days if such owner is 40 a resident of this state and within forty-five business days if such 41 owner is a non-resident. Personal delivery on the owner shall not be 42 required. A manual or automatic record of mailing prepared in the 43 ordinary course of business shall be prima facie evidence of the facts 44 contained therein. 45 2. A notice of liability shall contain the name and address of the 46 person alleged to be liable as an owner for a violation of subdivision 47 (b), (d), (f) or (g) of section eleven hundred eighty of this article 48 pursuant to this section, the registration number of the vehicle 49 involved in such violation, the location where such violation took 50 place, the date and time of such violation, the identification number of 51 the camera which recorded the violation or other document locator 52 number, at least two date and time stamped images of the rear of the 53 motor vehicle that include the same stationary object near the motor 54 vehicle, and the certificate charging the liability. 55 3. The notice of liability shall contain information advising the 56 person charged of the manner and the time in which the person mayA. 3535 23 1 contest the liability alleged in the notice. Such notice of liability 2 shall also contain a prominent warning to advise the person charged that 3 failure to contest in the manner and time provided shall be deemed an 4 admission of liability and that a default judgment may be entered there- 5 on. 6 4. The notice of liability shall be prepared and mailed by the commis- 7 sioner or chair as applicable, or by any other entity authorized by the 8 commissioner or chair to prepare and mail such notice of liability. 9 (h) Adjudication of the liability imposed upon owners of this section 10 shall be by a traffic violations bureau established pursuant to section 11 three hundred seventy of the general municipal law where the violation 12 occurred or, if there be none, by the court having jurisdiction over 13 traffic infractions where the violation occurred, except that if a city 14 has established an administrative tribunal to hear and determine 15 complaints of traffic infractions constituting parking, standing or 16 stopping violations such city may, by local law, authorize such adjudi- 17 cation by such tribunal. 18 (i) If an owner receives a notice of liability pursuant to this 19 section for any time period during which the vehicle or the number plate 20 or plates of such vehicle was reported to the police department as 21 having been stolen, it shall be a valid defense to an allegation of 22 liability for a violation of subdivision (b), (d), (f) or (g) of section 23 eleven hundred eighty of this article pursuant to this section that the 24 vehicle or the number plate or plates of such vehicle had been reported 25 to the police as stolen prior to the time the violation occurred and had 26 not been recovered by such time. For purposes of asserting the defense 27 provided by this subdivision, it shall be sufficient that a certified 28 copy of the police report on the stolen vehicle or number plate or 29 plates of such vehicle be sent by first class mail to the traffic 30 violations bureau, court having jurisdiction or parking violations 31 bureau. 32 (j) 1. Where the adjudication of liability imposed upon owners pursu- 33 ant to this section is by a traffic violations bureau or a court having 34 jurisdiction, an owner who is a lessor of a vehicle to which a notice of 35 liability was issued pursuant to subdivision (g) of this section shall 36 not be liable for the violation of subdivision (b), (d), (f) or (g) of 37 section eleven hundred eighty of this article pursuant to this section, 38 provided that the owner sends to the traffic violations bureau or court 39 having jurisdiction a copy of the rental, lease or other such contract 40 document covering such vehicle on the date of the violation, with the 41 name and address of the lessee clearly legible, within thirty-seven days 42 after receiving notice from the bureau or court of the date and time of 43 such violation, together with the other information contained in the 44 original notice of liability. Failure to send such information within 45 such thirty-seven day time period shall render the owner liable for the 46 penalty prescribed by this section. Where the lessor complies with the 47 provisions of this paragraph, the lessee of such vehicle on the date of 48 such violation shall be deemed to be the owner of such vehicle for 49 purposes of this section, shall be subject to liability for the 50 violation of subdivision (b), (d), (f) or (g) of section eleven hundred 51 eighty of this article pursuant to this section and shall be sent a 52 notice of liability pursuant to subdivision (g) of this section. 53 2. (i) In a city which, by local law, has authorized the adjudication 54 of liability imposed upon owners by this section by a parking violations 55 bureau, an owner who is a lessor of a vehicle to which a notice of 56 liability was issued pursuant to subdivision (g) of this section shallA. 3535 24 1 not be liable for the violation of subdivision (b), (d), (f) or (g) of 2 section eleven hundred eighty of this article, provided that: 3 (A) prior to the violation, the lessor has filed with the bureau in 4 accordance with the provisions of section two hundred thirty-nine of 5 this chapter; and 6 (B) within thirty-seven days after receiving notice from the bureau of 7 the date and time of a liability, together with the other information 8 contained in the original notice of liability, the lessor submits to the 9 bureau the correct name and address of the lessee of the vehicle identi- 10 fied in the notice of liability at the time of such violation, together 11 with such other additional information contained in the rental, lease or 12 other contract document, as may be reasonably required by the bureau 13 pursuant to regulations that may be promulgated for such purpose. 14 (ii) Failure to comply with clause (B) of subparagraph (i) of this 15 paragraph shall render the owner liable for the penalty prescribed in 16 this section. 17 (iii) Where the lessor complies with the provisions of this paragraph, 18 the lessee of such vehicle on the date of such violation shall be deemed 19 to be the owner of such vehicle for purposes of this section, shall be 20 subject to liability for such violation pursuant to this section and 21 shall be sent a notice of liability pursuant to subdivision (g) of this 22 section. 23 (k) 1. If the owner liable for a violation of subdivision (b), (d), 24 (f) or (g) of section eleven hundred eighty of this article pursuant to 25 this section was not the operator of the vehicle at the time of the 26 violation, the owner may maintain an action for indemnification against 27 the operator. 28 2. Notwithstanding any other provision of this section, no owner of a 29 vehicle shall be subject to a monetary fine imposed pursuant to this 30 section if the operator of such vehicle was operating such vehicle with- 31 out the consent of the owner at the time such operator operated such 32 vehicle in violation of subdivision (b), (d), (f) or (g) of section 33 eleven hundred eighty of this article. For purposes of this subdivision 34 there shall be a presumption that the operator of such vehicle was oper- 35 ating such vehicle with the consent of the owner at the time such opera- 36 tor operated such vehicle in violation of subdivision (b), (d), (f) or 37 (g) of section eleven hundred eighty of this article. 38 (l) Nothing in this section shall be construed to limit the liability 39 of an operator of a vehicle for any violation of subdivision (b), (d), 40 (f) or (g) of section eleven hundred eighty of this article. 41 (m) If the commissioner or chair adopts a demonstration program pursu- 42 ant to subdivision (a) of this section the commissioner or chair, as 43 applicable, shall conduct a study and submit a report on or before May 44 first, two thousand twenty-six and a report on or before May first, two 45 thousand twenty-eight on the results of the use of photo devices to the 46 governor, the temporary president of the senate and the speaker of the 47 assembly. The commissioner or chair shall also make such reports avail- 48 able on their public-facing websites, provided that they may provide 49 aggregate data from paragraph one of this subdivision if the commission- 50 er or chair finds that publishing specific location data would jeopard- 51 ize public safety. Such report shall include: 52 1. the locations where and dates when photo speed violation monitoring 53 systems were used; 54 2. the aggregate number, type and severity of crashes, fatalities, 55 injuries and property damage reported within all highway safety corridor 56 on controlled-access highways or on the thruway, to the extent theA. 3535 25 1 information is maintained by the commissioner, chair or the department 2 of motor vehicles of this state; 3 3. the aggregate number, type and severity of crashes, fatalities, 4 injuries and property damage reported within the highway safety corridor 5 where photo speed violation monitoring systems were used, to the extent 6 the information is maintained by the commissioner, chair or the depart- 7 ment of motor vehicles of this state; 8 4. the number of violations recorded within all highway safety corri- 9 dors on controlled-access highways or on the thruway, in the aggregate 10 on a daily, weekly and monthly basis to the extent the information is 11 maintained by the commissioner, chair or the department of motor vehi- 12 cles of this state; 13 5. the number of violations recorded within each highway safety corri- 14 dor where a photo speed violation monitoring system is used, in the 15 aggregate on a daily, weekly and monthly basis; 16 6. to the extent the information is maintained by the commissioner, 17 chair or the department of motor vehicles of this state, the number of 18 violations recorded within all highway safety corridor on controlled-ac- 19 cess highways or on the thruway that were: 20 (i) more than ten but not more than twenty miles per hour over the 21 posted speed limit; 22 (ii) more than twenty but not more than thirty miles per hour over the 23 posted speed limit; 24 (iii) more than thirty but not more than forty miles per hour over the 25 posted speed limit; and 26 (iv) more than forty miles per hour over the posted speed limit; 27 7. the number of violations recorded within each highway safety corri- 28 dor where a photo speed violation monitoring system is used that were: 29 (i) more than ten but not more than twenty miles per hour over the 30 posted speed limit; 31 (ii) more than twenty but not more than thirty miles per hour over the 32 posted speed limit; 33 (iii) more than thirty but not more than forty miles per hour over the 34 posted speed limit; and 35 (iv) more than forty miles per hour over the posted speed limit; 36 8. the total number of notices of liability issued for violations 37 recorded by such systems; 38 9. the number of fines and total amount of fines paid after the first 39 notice of liability issued for violations recorded by such systems, to 40 the extent the information is maintained by the commissioner, chair or 41 the department of motor vehicles of this state; 42 10. the number of violations adjudicated and the results of such adju- 43 dications including breakdowns of dispositions made for violations 44 recorded by such systems, to the extent the information is maintained by 45 the commissioner, chair or the department of motor vehicles of this 46 state; 47 11. the total amount of revenue realized by the state or thruway 48 authority in connection with the program; 49 12. the expenses incurred by the state or the thruway authority in 50 connection with the program; 51 13. an itemized list of expenditures made by the state and the thruway 52 authority on safety corridor projects undertaken in accordance with 53 subdivisions eleven and twelve of section eighteen hundred three of this 54 chapter; andA. 3535 26 1 14. the quality of the adjudication process and its results, to the 2 extent the information is maintained by the commissioner, chair or the 3 department of motor vehicles of this state. 4 (n) It shall be a defense to any prosecution for a violation of subdi- 5 vision (b), (d), (f) or (g) of section eleven hundred eighty of this 6 article pursuant to this section that such photo speed violation moni- 7 toring system was malfunctioning at the time of the alleged violation. 8 § 14. Section 401 of the highway law, as renumbered by section 1 of 9 this act, is amended to read as follows: 10 § 401. Saving clause. The repeal of a law, as specified in section 11 [three hundred and fifty-three] four hundred four of this article shall 12 not affect or impair any contract, or any act done, or right accruing, 13 accrued or acquired or any penalty, forfeiture, or punishment incurred 14 prior to the time when this chapter or any section thereof takes effect, 15 under or by virtue of the laws so repealed, but the same may be 16 asserted, enforced, prosecuted, or inflicted, as fully and to the same 17 extent, as if such laws had not been repealed. 18 § 15. Section 402 of the highway law, as added by chapter 506 of the 19 laws of 1936, and as renumbered by section 1 of this act, is amended to 20 read as follows: 21 § 402. Effect of amendments to and repeals of provisions of the former 22 highway law. 1. An act of the legislature of the year nineteen hundred 23 thirty-six which, in form, amends or repeals or purports to amend or 24 repeal any provision or provisions of the former highway law shall be 25 legally effective notwithstanding the repeal of such former highway law 26 by section [three hundred fifty-three] four hundred four of this 27 article, and shall be construed as an amendment or repeal, as the case 28 may be, of the corresponding provision or provisions of this chapter 29 irrespective of whether such provision or provisions are contained in 30 this chapter in one or more than one article, section, subdivision or 31 other part thereof and such corresponding provision or provisions shall 32 be deemed amended, modified, changed or repealed as though the same had 33 been expressly and in terms so amended or repealed. 34 2. An act of the legislature of the year nineteen hundred thirty-six 35 which adds or purports to add a new article, section, subdivision or 36 other provision of law to the former highway law shall be legally effec- 37 tive notwithstanding the repeal of such former highway law by section 38 [three hundred fifty-three] four hundred four of this article and shall 39 be construed as having been added to this chapter and shall be given 40 full effect according to its context as if the same had been added 41 expressly and in terms to this chapter and shall be deemed to have been 42 inserted in this chapter in juxtaposition to and as modifying the effect 43 of the corresponding provision or provisions of this chapter. 44 3. The repeal of such former highway law by section [three hundred45fifty-three] four hundred four of this article shall not be construed to 46 impair or affect the validity of any act of the legislature of the year 47 nineteen hundred thirty-six relating to highways, roads or bridges 48 because of any reference to or dependency on such former law but such 49 act shall be construed in connection with this chapter as though in 50 terms and in effect such act referred to or dependent upon this chapter. 51 § 16. This act shall take effect on the one hundred eightieth day 52 after it shall have become a law. Effective immediately, the addition, 53 amendment and/or repeal of any rule or regulation necessary for the 54 implementation of this act on its effective date are authorized to be 55 made and completed on or before such date.
