Bill Text: NY A06064 | 2023-2024 | 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) 2024-01-03 - referred to transportation [A06064 Detail]
Download: New_York-2023-A06064-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6064 2023-2024 Regular Sessions IN ASSEMBLY April 3, 2023 ___________ 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; to amend the vehicle and traffic law, in relation to estab- lishing a demonstration program implementing speed violation monitor- ing 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. LBD10391-01-3A. 6064 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 separately added by chapters 421, 460 and 773 of the laws of 2021, para- 20 graph h as relettered by chapter 258 of the laws of 2022, is amended to 21 read as follows: 22 1. Notwithstanding any inconsistent provision of any general, special 23 or local law or administrative code to the contrary, in any city which 24 heretofore or hereafter is authorized to establish an administrative 25 tribunal: (a) to hear and determine complaints of traffic infractions 26 constituting parking, standing or stopping violations, or (b) to adjudi- 27 cate the liability of owners for violations of subdivision (d) of 28 section eleven hundred eleven of this chapter imposed pursuant to a 29 local law or ordinance imposing monetary liability on the owner of a 30 vehicle for failure of an operator thereof to comply with traffic-con- 31 trol indications through the installation and operation of traffic-con- 32 trol signal photo violation-monitoring systems, in accordance with arti- 33 cle twenty-four of this chapter, or (c) to adjudicate the liability of 34 owners for violations of subdivision (b), (c), (d), (f) or (g) of 35 section eleven hundred eighty of this chapter imposed pursuant to a 36 demonstration program imposing monetary liability on the owner of a 37 vehicle for failure of an operator thereof to comply with such posted 38 maximum speed limits through the installation and operation of photo 39 speed violation monitoring systems, in accordance with article thirty of 40 this chapter, or (d) to adjudicate the liability of owners for 41 violations of bus lane restrictions as defined by article twenty-four of 42 this chapter imposed pursuant to a bus rapid transit program imposing 43 monetary liability on the owner of a vehicle for failure of an operator 44 thereof to comply with such bus lane restrictions through the installa- 45 tion and operation of bus lane photo devices, in accordance with article 46 twenty-four of this chapter, or (e) to adjudicate the liability of 47 owners for violations of toll collection regulations imposed by certain 48 public authorities pursuant to the law authorizing such public authori- 49 ties to impose monetary liability on the owner of a vehicle for failure 50 of an operator thereof to comply with toll collection regulations of 51 such public authorities through the installation and operation of 52 photo-monitoring systems, in accordance with the provisions of section 53 two thousand nine hundred eighty-five of the public authorities law and 54 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred 55 seventy-four of the laws of nineteen hundred fifty, or (f) to adjudicate 56 the liability of owners for violations of section eleven hundred seven-A. 6064 3 1 ty-four of this chapter when meeting a school bus marked and equipped as 2 provided in subdivisions twenty and twenty-one-c of section three 3 hundred seventy-five of this chapter imposed pursuant to a local law or 4 ordinance imposing monetary liability on the owner of a vehicle for 5 failure of an operator thereof to comply with school bus red visual 6 signals through the installation and operation of school bus photo 7 violation monitoring systems, in accordance with article twenty-nine of 8 this chapter, or (g) to adjudicate the liability of owners for 9 violations of section three hundred eighty-five of this chapter and the 10 rules of the department of transportation of the city of New York in 11 relation to gross vehicle weight and/or axle weight violations imposed 12 pursuant to a weigh in motion demonstration program imposing monetary 13 liability on the owner of a vehicle for failure of an operator thereof 14 to comply with such gross vehicle weight and/or axle weight restrictions 15 through the installation and operation of weigh in motion violation 16 monitoring systems, in accordance with article ten of this chapter, or 17 (h) to adjudicate the liability of owners for violations of subdivision 18 (b), (d), (f) or (g) of section eleven hundred eighty of this chapter 19 imposed pursuant to a demonstration program imposing monetary liability 20 on the owner of a vehicle for failure of an operator thereof to comply 21 with such posted maximum speed limits within a highway construction or 22 maintenance work area through the installation and operation of photo 23 speed violation monitoring systems, in accordance with article thirty of 24 this chapter, such tribunal and the rules and regulations pertaining 25 thereto shall be constituted in substantial conformance with the follow- 26 ing sections, or (i) to adjudicate the liability of owners for 27 violations of subdivision (b), (d), (f) or (g) of section eleven hundred 28 eighty-f of this chapter imposed pursuant to a demonstration program 29 imposing monetary liability on the owner of a vehicle for failure of 30 an operator thereof to comply with such posted maximum speed limits 31 within a highway safety corridor through the installation and operation 32 of photo speed violation monitoring systems, in accordance with article 33 thirty of this chapter, such tribunal and the rules and regulations 34 pertaining thereto shall be constituted in substantial conformance with 35 the following sections. 36 § 4. Subdivision 1 of section 236 of the vehicle and traffic law, as 37 separately added by chapters 421, 460 and 773 of the laws of 2021, para- 38 graph g as relettered by chapter 258 of the laws of 2022, is amended to 39 read as follows: 40 1. Creation. In any city as hereinbefore or hereafter authorized such 41 tribunal when created shall be known as the parking violations bureau 42 and shall have jurisdiction of traffic infractions which constitute a 43 parking violation and, where authorized: (a) to adjudicate the liability 44 of owners for violations of subdivision (d) of section eleven hundred 45 eleven of this chapter imposed pursuant to a local law or ordinance 46 imposing monetary liability on the owner of a vehicle for failure of an 47 operator thereof to comply with traffic-control indications through the 48 installation and operation of traffic-control signal photo violation- 49 monitoring systems, in accordance with article twenty-four of this chap- 50 ter, or (b) to adjudicate the liability of owners for violations of 51 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty 52 of this chapter imposed pursuant to a demonstration program imposing 53 monetary liability on the owner of a vehicle for failure of an operator 54 thereof to comply with such posted maximum speed limits through the 55 installation and operation of photo speed violation monitoring systems, 56 in accordance with article thirty of this chapter, or (c) to adjudicateA. 6064 4 1 the liability of owners for violations of bus lane restrictions as 2 defined by article twenty-four of this chapter imposed pursuant to a bus 3 rapid transit program imposing monetary liability on the owner of a 4 vehicle for failure of an operator thereof to comply with such bus lane 5 restrictions through the installation and operation of bus lane photo 6 devices, in accordance with article twenty-four of this chapter, or (d) 7 to adjudicate the liability of owners for violations of toll collection 8 regulations imposed by certain public authorities pursuant to the law 9 authorizing such public authorities to impose monetary liability on the 10 owner of a vehicle for failure of an operator thereof to comply with 11 toll collection regulations of such public authorities through the 12 installation and operation of photo-monitoring systems, in accordance 13 with the provisions of section two thousand nine hundred eighty-five of 14 the public authorities law and sections sixteen-a, sixteen-b and 15 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen 16 hundred fifty, or (e) to adjudicate the liability of owners for 17 violations of section eleven hundred seventy-four of this chapter when 18 meeting a school bus marked and equipped as provided in subdivisions 19 twenty and twenty-one-c of section three hundred seventy-five of this 20 chapter imposed pursuant to a local law or ordinance imposing monetary 21 liability on the owner of a vehicle for failure of an operator thereof 22 to comply with school bus red visual signals through the installation 23 and operation of school bus photo violation monitoring systems, in 24 accordance with article twenty-nine of this chapter, or (f) to adjudi- 25 cate the liability of owners for violations 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 in relation to gross vehicle weight 28 and/or axle weight violations imposed pursuant to a weigh in motion 29 demonstration program imposing monetary liability on the owner of a 30 vehicle for failure of an operator thereof to comply with such gross 31 vehicle weight and/or axle weight restrictions through the installation 32 and operation of weigh in motion violation monitoring systems, in 33 accordance with article ten of this chapter, or (g) to adjudicate the 34 liability of owners for violations of subdivision (b), (d), (f) or (g) 35 of section eleven hundred eighty of this chapter imposed pursuant to a 36 demonstration program imposing monetary liability on the owner of a 37 vehicle for failure of an operator thereof to comply with such posted 38 maximum speed limits within a highway construction or maintenance work 39 area through the installation and operation of photo speed violation 40 monitoring systems, in accordance with article thirty of this chapter, 41 or (h) to adjudicate the liability of owners for violations of subdivi- 42 sion (b), (d), (f) or (g) of section eleven hundred eighty-f of this 43 chapter imposed pursuant to a demonstration program imposing monetary 44 liability on the owner of a vehicle for failure of an operator thereof 45 to comply with such posted maximum speed limits within a highway 46 construction or maintenance work area through the installation and oper- 47 ation of photo speed violation monitoring systems, in accordance 48 with article thirty of this chapter, such tribunal and the rules and 49 regulations pertaining thereto shall be constituted in substantial 50 conformance with the following sections. 51 Such tribunal, except in a city with a population of one million or 52 more, shall also have jurisdiction of abandoned vehicle violations. For 53 the purposes of this article, a parking violation is the violation of 54 any law, rule or regulation providing for or regulating the parking, 55 stopping or standing of a vehicle. In addition for purposes of this 56 article, "commissioner" shall mean and include the commissioner of traf-A. 6064 5 1 fic of the city or an official possessing authority as such a commis- 2 sioner. 3 § 5. Paragraph f of subdivision 1 of section 239 of the vehicle and 4 traffic law, as separately added by chapters 421, 460 and 773 of the 5 laws of 2021, is amended to read as follows: 6 f. "Notice of violation" means a notice of violation as defined in 7 subdivision nine of section two hundred thirty-seven of this article, 8 but shall not be deemed to include a notice of liability issued pursuant 9 to authorization set forth in articles ten, twenty-four, twenty-nine and 10 thirty of this chapter, section two thousand nine hundred eighty-five of 11 the public authorities law and sections sixteen-a, sixteen-b and 12 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen 13 hundred fifty to impose monetary liability on the owner of a vehicle for 14 failure of an operator thereof: to comply with traffic-control indi- 15 cations in violation of subdivision (d) of section eleven hundred eleven 16 of this chapter through the installation and operation of traffic-con- 17 trol signal photo violation-monitoring systems, in accordance with arti- 18 cle twenty-four of this chapter; or to comply with certain posted maxi- 19 mum speed limits in violation of subdivision (b), (c), (d), (f) or (g) 20 of section eleven hundred eighty of this chapter through the installa- 21 tion and operation of photo speed violation monitoring systems, in 22 accordance with article thirty of this chapter; or to comply with bus 23 lane restrictions as defined by article twenty-four of this chapter 24 through the installation and operation of bus lane photo devices, in 25 accordance with article twenty-four of this chapter; or to comply with 26 toll collection regulations of certain public authorities through the 27 installation and operation of photo-monitoring systems, in accordance 28 with the provisions of section two thousand nine hundred eighty-five of 29 the public authorities law and sections sixteen-a, sixteen-b and 30 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen 31 hundred fifty; or to stop for a school bus displaying a red visual 32 signal in violation of section eleven hundred seventy-four of this chap- 33 ter through the installation and operation of school bus photo violation 34 monitoring systems, in accordance with article twenty-nine of this chap- 35 ter, or to comply with certain posted maximum speed limits in violation 36 of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of 37 this chapter within a highway construction or maintenance work area 38 through the installation and operation of photo speed violation monitor- 39 ing systems, in accordance with article thirty of this chapter; or to 40 comply with certain posted maximum speed limits in violation of subdivi- 41 sion (b), (d), (f) or (g) of section eleven hundred eighty-f of this 42 chapter within a highway safety corridor through the installation and 43 operation of photo speed violation monitoring systems, in accordance 44 with article thirty of this chapter; or to comply with gross vehicle 45 weight and/or axle weight restrictions in violation of section three 46 hundred eighty-five of this chapter and the rules of the department of 47 transportation of the city of New York through the installation and 48 operation of weigh in motion violation monitoring systems, in accordance 49 with article ten of this chapter. 50 § 6. Subdivisions 1 and 1-a of section 240 of the vehicle and traffic 51 law, as separately added by chapters 421, 460 and 773 of the laws of 52 2021, are amended to read as follows: 53 1. Notice of hearing. Whenever a person charged with a parking 54 violation enters a plea of not guilty; or a person alleged to be liable 55 in accordance with any provisions of law specifically authorizing the 56 imposition of monetary liability on the owner of a vehicle for failureA. 6064 6 1 of an operator thereof: to comply with traffic-control indications in 2 violation of subdivision (d) of section eleven hundred eleven of this 3 chapter through the installation and operation of traffic-control signal 4 photo violation-monitoring systems, in accordance with article twenty- 5 four of this chapter; or to comply with certain posted maximum speed 6 limits in violation of subdivision (b), (c), (d), (f) or (g) of section 7 eleven hundred eighty of this chapter through the installation and oper- 8 ation of photo speed violation monitoring systems, in accordance with 9 article thirty of this chapter; or to comply with bus lane restrictions 10 as defined by article twenty-four of this chapter through the installa- 11 tion and operation of bus lane photo devices, in accordance with article 12 twenty-four of this chapter; or to comply with toll collection regu- 13 lations of certain public authorities through the installation and oper- 14 ation of photo-monitoring systems, in accordance with the provisions of 15 section two thousand nine hundred eighty-five of the public authorities 16 law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven 17 hundred seventy-four of the laws of nineteen hundred fifty; or to stop 18 for a school bus displaying a red visual signal in violation of section 19 eleven hundred seventy-four of this chapter through the installation and 20 operation of school bus photo violation monitoring systems, in accord- 21 ance with article twenty-nine of this chapter, or to comply with certain 22 posted maximum speed limits in violation of subdivision (b), (d), (f) or 23 (g) of section eleven hundred eighty of this chapter within a highway 24 construction or maintenance work area through the installation and oper- 25 ation of photo speed violation monitoring systems, in accordance with 26 article thirty of this chapter; or to comply with certain posted maximum 27 speed limits in violation of subdivision (b), (d), (f) or (g) of section 28 eleven hundred eighty-f of this chapter within a highway safety corridor 29 through the installation and operation of photo speed violation monitor- 30 ing systems, in accordance with article thirty of this chapter; or to 31 comply with gross vehicle weight and/or axle weight restrictions in 32 violation of section three hundred eighty-five of this chapter and the 33 rules of the department of transportation of the city of New York 34 through the installation and operation of weigh in motion violation 35 monitoring systems, in accordance with article ten of this chapter, 36 contests such allegation, the bureau shall advise such person personally 37 by such form of first class mail as the director may direct of the date 38 on which he or she must appear to answer the charge at a hearing. The 39 form and content of such notice of hearing shall be prescribed by the 40 director, and shall contain a warning to advise the person so pleading 41 or contesting that failure to appear on the date designated, or on any 42 subsequent adjourned date, shall be deemed an admission of liability, 43 and that a default judgment may be entered thereon. 44 1-a. Fines and penalties. Whenever a plea of not guilty has been 45 entered, or the bureau has been notified that an allegation of liability 46 in accordance with provisions of law specifically authorizing the impo- 47 sition of monetary liability on the owner of a vehicle for failure of an 48 operator thereof: to comply with traffic-control indications in 49 violation of subdivision (d) of section eleven hundred eleven of this 50 chapter through the installation and operation of traffic-control signal 51 photo violation-monitoring systems, in accordance with article twenty- 52 four of this chapter; or to comply with certain posted maximum speed 53 limits in violation of subdivision (b), (c), (d), (f) or (g) of section 54 eleven hundred eighty of this chapter through the installation and oper- 55 ation of photo speed violation monitoring systems, in accordance with 56 article thirty of this chapter; or to comply with bus lane restrictionsA. 6064 7 1 as defined by article twenty-four of this chapter through the installa- 2 tion and operation of bus lane photo devices, in accordance with article 3 twenty-four of this chapter; or to comply with toll collection regu- 4 lations of certain public authorities through the installation and oper- 5 ation of photo-monitoring systems, in accordance with the provisions of 6 section two thousand nine hundred eighty-five of the public authorities 7 law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven 8 hundred seventy-four of the laws of nineteen hundred fifty; or to stop 9 for a school bus displaying a red visual signal in violation of section 10 eleven hundred seventy-four of this chapter through the installation and 11 operation of school bus photo violation monitoring systems, in accord- 12 ance with article twenty-nine of this chapter, or to comply with certain 13 posted maximum speed limits in violation of subdivision (b), (d), (f) or 14 (g) of section eleven hundred eighty of this chapter within a highway 15 construction or maintenance work area through the installation and oper- 16 ation of photo speed violation monitoring systems, in accordance with 17 article thirty of this chapter; or to comply with certain posted maximum 18 speed limits in violation of subdivision (b), (d), (f) or (g) of section 19 eleven hundred eighty-f of this chapter within a highway safety corridor 20 through the installation and operation of photo speed violation monitor- 21 ing systems, in accordance with article thirty of this chapter; or to 22 comply with gross vehicle weight and/or axle weight restrictions in 23 violation of section three hundred eighty-five of this chapter and the 24 rules of the department of transportation of the city of New York 25 through the installation and operation of weigh in motion violation 26 monitoring systems, in accordance with article ten of this chapter, is 27 being contested, by a person in a timely fashion and a hearing upon the 28 merits has been demanded, but has not yet been held, the bureau shall 29 not issue any notice of fine or penalty to that person prior to the date 30 of the hearing. 31 § 7. Paragraphs a and g of subdivision 2 of section 240 of the vehicle 32 and traffic law, as separately added by chapters 421, 460 and 773 of the 33 laws of 2021, are amended to read as follows: 34 a. Every hearing for the adjudication of a charge of parking violation 35 or an allegation of liability of an owner for a violation of subdivision 36 (d) of section eleven hundred eleven of this chapter imposed pursuant to 37 a local law or ordinance imposing monetary liability on the owner of a 38 vehicle for failure of an operator thereof to comply with traffic-con- 39 trol indications through the installation and operation of traffic-con- 40 trol signal photo violation-monitoring systems, in accordance with arti- 41 cle twenty-four of this chapter, or an allegation of liability of an 42 owner for a violation of subdivision (b), (c), (d), (f) or (g) of 43 section eleven hundred eighty of this chapter imposed pursuant to a 44 demonstration program imposing monetary liability on the owner of a 45 vehicle for failure of an operator thereof to comply with certain posted 46 maximum speed limits through the installation and operation of photo 47 speed violation monitoring systems, in accordance with article thirty of 48 this chapter, or an allegation of liability of an owner for a violation 49 of bus lane restrictions as defined by article twenty-four of this chap- 50 ter imposed pursuant to a bus rapid transit program imposing monetary 51 liability on the owner of a vehicle for failure of an operator thereof 52 to comply with such bus lane restrictions through the installation and 53 operation of bus lane photo devices, in accordance with article twenty- 54 four of this chapter, or an allegation of liability of an owner for a 55 violation of toll collection regulations imposed by certain public 56 authorities pursuant to the law authorizing such public authorities toA. 6064 8 1 impose monetary liability on the owner of a vehicle for failure of an 2 operator thereof to comply with toll collection regulations of such 3 public authorities through the installation and operation of photo-moni- 4 toring systems, in accordance with the provisions of section two thou- 5 sand nine hundred eighty-five of the public authorities law and sections 6 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four 7 of the laws of nineteen hundred fifty, or an allegation of liability of 8 an owner for a violation of section eleven hundred seventy-four of this 9 chapter when meeting a school bus marked and equipped as provided in 10 subdivisions twenty and twenty-one-c of section three hundred seventy- 11 five of this chapter imposed pursuant to a local law or ordinance impos- 12 ing monetary liability on the owner of a vehicle for failure of an oper- 13 ator thereof to comply with school bus red visual signals through the 14 installation and operation of school bus photo violation monitoring 15 systems, in accordance with article twenty-nine of this chapter, or an 16 allegation of liability of an owner for a violation of subdivision (b), 17 (d), (f) or (g) of section eleven hundred eighty of this chapter imposed 18 pursuant to a demonstration program imposing monetary liability on the 19 owner of a vehicle for failure of an operator thereof to comply with 20 certain 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 an allegation of liability of an owner for a violation 24 of subdivision (b), (d), (f) or (g) of section eleven hundred eighty-f 25 of this chapter imposed pursuant to a demonstration program imposing 26 monetary liability on the owner of a vehicle for failure of an operator 27 thereof to comply with certain posted maximum speed limits in violation 28 of subdivision (b), (d), (f) or (g) of section eleven hundred eighty-f 29 of this chapter within a highway safety corridor through the installa- 30 tion and operation of photo speed violation monitoring systems, in 31 accordance with article thirty of this chapter, or an allegation of 32 liability of an owner for a violation of section three hundred eighty- 33 five of this chapter and the rules of the department of transportation 34 of the city of New York in relation to gross vehicle weight and/or axle 35 weight violations imposed pursuant to a weigh in motion demonstration 36 program imposing monetary liability on the owner of a vehicle for fail- 37 ure of an operator thereof to comply with such gross vehicle weight 38 and/or axle weight restrictions through the installation and operation 39 of weigh in motion violation monitoring systems, in accordance with 40 article ten of this chapter, shall be held before a hearing examiner in 41 accordance with rules and regulations promulgated by the bureau. 42 g. A record shall be made of a hearing on a plea of not guilty or of a 43 hearing at which liability in accordance with any provisions of law 44 specifically authorizing the imposition of monetary liability on the 45 owner of a vehicle for failure of an operator thereof: to comply with 46 traffic-control indications in violation of subdivision (d) of section 47 eleven hundred eleven of this chapter through the installation and oper- 48 ation of traffic-control signal photo violation-monitoring systems, in 49 accordance with article twenty-four of this chapter; to comply with 50 certain posted maximum speed limits in violation of subdivision (b), 51 (c), (d), (f) or (g) of section eleven hundred eighty of this chapter 52 through the installation and operation of photo speed violation monitor- 53 ing systems, in accordance with article thirty of this chapter; to 54 comply with bus lane restrictions as defined by article twenty-four of 55 this chapter through the installation and operation of bus lane photo 56 devices, in accordance with article twenty-four of this chapter; toA. 6064 9 1 comply with toll collection regulations of certain public authorities 2 through the installation and operation of photo-monitoring systems, in 3 accordance with the provisions of section two thousand nine hundred 4 eighty-five of the public authorities law and sections sixteen-a, 5 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the 6 laws of nineteen hundred fifty; or to stop for a school bus displaying a 7 red visual signal in violation of section eleven hundred seventy-four of 8 this chapter through the installation and operation of school bus photo 9 violation monitoring systems, in accordance with article twenty-nine of 10 this chapter, or to comply with certain posted maximum speed limits in 11 violation of subdivision (b), (d), (f) or (g) of section eleven hundred 12 eighty of this chapter within a highway construction or maintenance work 13 area through the installation and operation of photo speed violation 14 monitoring systems, in accordance with article thirty of this chapter, 15 or an allegation of liability of an owner for a violation of subdivision 16 (b), (d), (f) or (g) of section eleven hundred eighty-f of this chapter 17 imposed pursuant to a demonstration program imposing monetary liability 18 on the owner of a vehicle for failure of an operator thereof to comply 19 with certain posted maximum speed limits within a highway safety corri- 20 dor through the installation and operation of photo speed violation 21 monitoring systems, in accordance with article thirty of this chapter, 22 or to comply with gross vehicle weight and/or axle weight restrictions 23 in violation of section three hundred eighty-five of this chapter and 24 the rules of the department of transportation of the city of New York 25 through the installation and operation of weigh in motion violation 26 monitoring systems, in accordance with article ten of this chapter, is 27 contested. Recording devices may be used for the making of the record. 28 § 8. Subdivisions 1 and 2 of section 241 of the vehicle and traffic 29 law, as separately added by chapters 421, 460 and 773 of the laws of 30 2021, are amended to read as follows: 31 1. The hearing examiner shall make a determination on the charges, 32 either sustaining or dismissing them. Where the hearing examiner deter- 33 mines that the charges have been sustained he or she may examine either 34 the prior parking violations record or the record of liabilities 35 incurred in accordance with any provisions of law specifically authoriz- 36 ing the imposition of monetary liability on the owner of a vehicle for 37 failure of an operator thereof: to comply with traffic-control indi- 38 cations in violation of subdivision (d) of section eleven hundred eleven 39 of this chapter through the installation and operation of traffic-con- 40 trol signal photo violation-monitoring systems, in accordance with arti- 41 cle twenty-four of this chapter; to comply with certain posted maximum 42 speed limits in violation of subdivision (b), (c), (d), (f) or (g) of 43 section eleven hundred eighty of this chapter through the installation 44 and operation of photo speed violation monitoring systems, in accordance 45 with article thirty of this chapter; to comply with bus lane 46 restrictions as defined by article twenty-four of this chapter through 47 the installation and operation of bus lane photo devices, in accordance 48 with article twenty-four of this chapter; to comply with toll collection 49 regulations of certain public authorities through the installation and 50 operation of photo-monitoring systems, in accordance with the provisions 51 of section two thousand nine hundred eighty-five of the public authori- 52 ties law and sections sixteen-a, sixteen-b and sixteen-c of chapter 53 seven hundred seventy-four of the laws of nineteen hundred fifty; or to 54 stop for a school bus displaying a red visual signal in violation of 55 section eleven hundred seventy-four of this chapter through the instal- 56 lation and operation of school bus photo violation monitoring systems,A. 6064 10 1 in accordance with article twenty-nine of this chapter, or to comply 2 with certain posted maximum speed limits in violation of subdivision 3 (b), (d), (f) or (g) of section eleven hundred eighty of this chapter 4 within a highway construction or maintenance work area through the 5 installation and operation of photo speed violation monitoring systems, 6 in accordance with article thirty of this chapter; or to comply with 7 certain posted maximum speed limits in violation of subdivision (b), 8 (d), (f) or (g) of section eleven hundred eighty-f of this chapter with- 9 in a highway safety corridor through the installation and operation of 10 photo speed violation monitoring systems, in accordance with article 11 thirty of this chapter; or to comply with gross vehicle weight and/or 12 axle weight restrictions in violation of section three hundred eighty- 13 five of this chapter and the rules of the department of transportation 14 of the city of New York through the installation and operation of weigh 15 in motion violation monitoring systems, in accordance with article ten 16 of this chapter, of the person charged, as applicable prior to rendering 17 a final determination. Final determinations sustaining or dismissing 18 charges shall be entered on a final determination roll maintained by the 19 bureau together with records showing payment and nonpayment of penal- 20 ties. 21 2. Where an operator or owner fails to enter a plea to a charge of a 22 parking violation or contest an allegation of liability in accordance 23 with any provisions of law specifically authorizing the imposition of 24 monetary liability on the owner of a vehicle for failure of an operator 25 thereof: to comply with traffic-control indications in violation of 26 subdivision (d) of section eleven hundred eleven of this chapter through 27 the installation and operation of traffic-control signal photo viola- 28 tion-monitoring systems, in accordance with article twenty-four of this 29 chapter; to comply with certain posted maximum speed limits in violation 30 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred 31 eighty of this chapter through the installation and operation of photo 32 speed violation monitoring systems, in accordance with article thirty of 33 this chapter; to comply with bus lane restrictions as defined by article 34 twenty-four of this chapter through the installation and operation of 35 bus lane photo devices, in accordance with article twenty-four of this 36 chapter; to comply with toll collection regulations of certain public 37 authorities through the installation and operation of photo-monitoring 38 systems, in accordance with the provisions of section two thousand nine 39 hundred eighty-five of the public authorities law and sections 40 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four 41 of the laws of nineteen hundred fifty; to stop for a school bus display- 42 ing a red visual signal in violation of section eleven hundred seventy- 43 four of this chapter through the installation and operation of school 44 bus photo violation monitoring systems, in accordance with article twen- 45 ty-nine of this chapter, or to comply with certain posted maximum speed 46 limits in violation of subdivision (b), (d), (f) or (g) of section elev- 47 en hundred eighty of this chapter within a highway construction or main- 48 tenance work area through the installation and operation of photo speed 49 violation monitoring systems, in accordance with article thirty of this 50 chapter; or to comply with certain posted maximum speed limits in 51 violation of subdivision (b), (d), (f) or (g) of section eleven 52 hundred eighty-f of this chapter within a highway safety corridor 53 through the installation and operation of photo speed violation monitor- 54 ing systems, in accordance with article thirty of this chapter; or to 55 comply with gross vehicle weight and/or axle weight restrictions in 56 violation of section three hundred eighty-five of this chapter and theA. 6064 11 1 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 fails to appear on a designated hearing date or subsequent adjourned 5 date or fails after a hearing to comply with the determination of a 6 hearing examiner, as prescribed by this article or by rule or regulation 7 of the bureau, such failure to plead or contest, appear or comply shall 8 be deemed, for all purposes, an admission of liability and shall be 9 grounds for rendering and entering a default judgment in an amount 10 provided by the rules and regulations of the bureau. However, after the 11 expiration of the original date prescribed for entering a plea and 12 before a default judgment may be rendered, in such case the bureau shall 13 pursuant to the applicable provisions of law notify such operator or 14 owner, by such form of first class mail as the commission may direct; 15 (1) of the violation charged, or liability alleged in accordance with 16 any provisions of law specifically authorizing the imposition of mone- 17 tary liability on the owner of a vehicle for failure of an operator 18 thereof: to comply with traffic-control indications in violation of 19 subdivision (d) of section eleven hundred eleven of this chapter through 20 the installation and operation of traffic-control signal photo viola- 21 tion-monitoring systems, in accordance with article twenty-four of this 22 chapter; to comply with certain posted maximum speed limits in violation 23 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred 24 eighty of this chapter through the installation and operation of photo 25 speed violation monitoring systems, in accordance with article thirty of 26 this chapter; to comply with bus lane restrictions as defined by article 27 twenty-four of this chapter through the installation and operation of 28 bus lane photo devices, in accordance with article twenty-four of this 29 chapter; to comply with toll collection regulations of certain public 30 authorities through the installation and operation of photo-monitoring 31 systems, in accordance with the provisions of section two thousand nine 32 hundred eighty-five of the public authorities law and sections 33 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four 34 of the laws of nineteen hundred fifty; to stop for a school bus display- 35 ing a red visual signal in violation of section eleven hundred seventy- 36 four of this chapter through the installation and operation of school 37 bus photo violation monitoring systems, in accordance with article twen- 38 ty-nine of this chapter, or to comply with certain posted maximum speed 39 limits in violation of subdivision (b), (d), (f) or (g) of section elev- 40 en hundred eighty of this chapter within a highway construction or main- 41 tenance work area through the installation and operation of photo speed 42 violation monitoring systems, in accordance with article thirty of this 43 chapter; or to comply with certain posted maximum speed limits in 44 violation of subdivision (b), (d), (f) or (g) of section eleven hundred 45 eighty-f of this chapter within a highway safety corridor through the 46 installation and operation of photo speed violation monitoring systems, 47 in accordance with article thirty of this chapter; or to comply with 48 gross vehicle weight and/or axle weight restrictions in violation of 49 section three hundred eighty-five of this chapter and the rules of the 50 department of transportation of the city of New York through the instal- 51 lation and operation of weigh in motion violation monitoring systems, in 52 accordance with article ten of this chapter, (2) of the impending 53 default judgment, (3) that such judgment will be entered in the Civil 54 Court of the city in which the bureau has been established, or other 55 court of civil jurisdiction or any other place provided for the entry of 56 civil judgments within the state of New York, and (4) that a default mayA. 6064 12 1 be avoided by entering a plea or contesting an allegation of liability 2 in accordance with any provisions of law specifically authorizing the 3 imposition of monetary liability on the owner of a vehicle for failure 4 of an operator thereof: to comply with traffic-control indications in 5 violation of subdivision (d) of section eleven hundred eleven of this 6 chapter through the installation and operation of traffic-control signal 7 photo violation-monitoring systems, in accordance with article twenty- 8 four of this chapter; to comply with certain posted maximum speed limits 9 in violation of subdivision (b), (c), (d), (f) or (g) of section eleven 10 hundred eighty of this chapter through the installation and operation of 11 photo speed violation monitoring systems, in accordance with article 12 thirty of this chapter; to comply with bus lane restrictions as defined 13 by article twenty-four of this chapter through the installation and 14 operation of bus lane photo devices, in accordance with article twenty- 15 four of this chapter; to comply with toll collection regulations of 16 certain public authorities through the installation and operation of 17 photo-monitoring systems, in accordance with the provisions of section 18 two thousand nine hundred eighty-five of the public authorities law and 19 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred 20 seventy-four of the laws of nineteen hundred fifty; to stop for a school 21 bus displaying a red visual signal in violation of section eleven 22 hundred seventy-four of this chapter through the installation and opera- 23 tion of school bus photo violation monitoring systems, in accordance 24 with article twenty-nine of this chapter, or to comply with certain 25 posted maximum speed limits in violation of subdivision (b), (d), (f) or 26 (g) of section eleven hundred eighty of this chapter within a highway 27 construction or maintenance work area through the installation and oper- 28 ation of photo speed violation monitoring systems, in accordance with 29 article thirty of this chapter; or to comply with certain posted maximum 30 speed limits in violation of subdivision (b), (d), (f) or (g) of 31 section eleven hundred eighty-f of this chapter within a highway safety 32 corridor through the installation and operation of photo speed violation 33 monitoring systems, in accordance with article thirty of this chapter; 34 or to comply with gross vehicle weight and/or axle weight restrictions 35 in violation of section three hundred eighty-five of this chapter and 36 the rules of the department of transportation of the city of New York 37 through the installation and operation of weigh in motion violation 38 monitoring systems, in accordance with article ten of this chapter; or 39 making an appearance within thirty days of the sending of such notice. 40 Pleas entered and allegations contested within that period shall be in 41 the manner prescribed in the notice and not subject to additional penal- 42 ty or fee. Such notice of impending default judgment shall not be 43 required prior to the rendering and entry thereof in the case of opera- 44 tors or owners who are non-residents of the state of New York. In no 45 case shall a default judgment be rendered or, where required, a notice 46 of impending default judgment be sent, more than two years after the 47 expiration of the time prescribed for entering a plea or contesting an 48 allegation. When a person has demanded a hearing, no fine or penalty 49 shall be imposed for any reason, prior to the holding of the hearing. If 50 the hearing examiner shall make a determination on the charges, sustain- 51 ing them, he or she shall impose no greater penalty or fine than those 52 upon which the person was originally charged. 53 § 9. Paragraph a of subdivision 5-a of section 401 of the vehicle and 54 traffic law, as separately added by chapters 421, 460 and 773 of the 55 laws of 2021, clause (vii) of subparagraph (i) as renumbered by chapter 56 258 of the laws of 2022 is amended to read as follows:A. 6064 13 1 a. [(i)] If at the time of application for a registration or renewal 2 thereof there is a certification from a court, parking violations 3 bureau, traffic and parking violations agency or administrative tribunal 4 of appropriate jurisdiction that the registrant or his or her represen- 5 tative failed to appear on the return date or any subsequent adjourned 6 date or failed to comply with the rules and regulations of an adminis- 7 trative tribunal following entry of a final decision in response to a 8 total of three or more summonses or other process in the aggregate, 9 issued within an eighteen month period, charging either that: (i) such 10 motor vehicle was parked, stopped or standing, or that such motor vehi- 11 cle was operated for hire by the registrant or his or her agent without 12 being licensed as a motor vehicle for hire by the appropriate local 13 authority, in violation of any of the provisions of this chapter or of 14 any law, ordinance, rule or regulation made by a local authority; or 15 (ii) the registrant was liable for a violation of subdivision (d) of 16 section eleven hundred eleven of this chapter imposed pursuant to a 17 local law or ordinance imposing monetary liability on the owner of a 18 vehicle for failure of an operator thereof to comply with traffic-con- 19 trol indications through the installation and operation of traffic-con- 20 trol signal photo violation-monitoring systems, in accordance with arti- 21 cle twenty-four of this chapter; or (iii) the registrant was liable for 22 a violation of subdivision (b), (c), (d), (f) or (g) of section eleven 23 hundred eighty of this chapter imposed pursuant to a demonstration 24 program imposing monetary liability on the owner of a vehicle for fail- 25 ure of an operator thereof to comply with such posted maximum speed 26 limits through the installation and operation of photo speed violation 27 monitoring systems, in accordance with article thirty of this chapter; 28 or (iv) the registrant was liable for a violation of bus lane 29 restrictions as defined by article twenty-four of this chapter imposed 30 pursuant to a bus rapid transit program imposing monetary liability on 31 the owner of a vehicle for failure of an operator thereof to comply with 32 such bus lane restrictions through the installation and operation of bus 33 lane photo devices, in accordance with article twenty-four of this chap- 34 ter; or (v) the registrant was liable for a violation of section eleven 35 hundred seventy-four of this chapter when meeting a school bus marked 36 and equipped as provided in subdivisions twenty and twenty-one-c of 37 section three hundred seventy-five of this chapter imposed pursuant to a 38 local law or ordinance imposing monetary liability on the owner of a 39 vehicle for failure of an operator thereof to comply with school bus red 40 visual signals through the installation and operation of school bus 41 photo violation monitoring systems, in accordance with article twenty- 42 nine of this chapter; or (vi) the registrant was liable for a violation 43 of section three hundred eighty-five of this chapter and the rules of 44 the department of transportation of the city of New York in relation to 45 gross vehicle weight and/or axle weight violations imposed pursuant to a 46 weigh in motion demonstration program imposing monetary liability on the 47 owner of a vehicle for failure of an operator thereof to comply with 48 such gross vehicle weight and/or axle weight restrictions through the 49 installation and operation of weigh in motion violation monitoring 50 systems, in accordance with article ten of this chapter; or (vii) the 51 registrant was liable for a violation of subdivision (b), (d), (f) or 52 (g) of section eleven hundred eighty of this chapter imposed pursuant to 53 a demonstration program imposing monetary liability on the owner of a 54 vehicle for failure of an operator thereof to comply with such posted 55 maximum speed limits within a highway construction or maintenance work 56 area through the installation and operation of photo speed violationA. 6064 14 1 monitoring systems, in accordance with article thirty of this 2 chapter[,]; or (viii) the registrant was liable for a violation of 3 subdivision (b), (d), (f) or (g) of section eleven hundred eighty-f of 4 this chapter imposed pursuant to a demonstration program imposing mone- 5 tary liability on the owner of a vehicle for failure of an operator 6 thereof to comply with such posted maximum speed limits within a high- 7 way safety corridor through the installation and operation of photo 8 speed violation monitoring systems, in accordance with article thirty 9 of this chapter, the commissioner or his or her agent shall deny the 10 registration or renewal application until the applicant provides proof 11 from the court, traffic and parking violations agency or administrative 12 tribunal wherein the charges are pending that an appearance or answer 13 has been made or in the case of an administrative tribunal that he or 14 she has complied with the rules and regulations of said tribunal follow- 15 ing entry of a final decision. Where an application is denied pursuant 16 to this section, the commissioner may, in his or her discretion, deny a 17 registration or renewal application to any other person for the same 18 vehicle and may deny a registration or renewal application for any other 19 motor vehicle registered in the name of the applicant where the commis- 20 sioner has determined that such registrant's intent has been to evade 21 the purposes of this subdivision and where the commissioner has reason- 22 able grounds to believe that such registration or renewal will have the 23 effect of defeating the purposes of this subdivision. Such denial shall 24 only remain in effect as long as the summonses remain unanswered, or in 25 the case of an administrative tribunal, the registrant fails to comply 26 with the rules and regulations following entry of a final decision. 27 [(ii)] For purposes of this paragraph, the term "motor vehicle operated 28 for hire" shall mean and include a taxicab, livery, coach, limousine or 29 tow truck. 30 § 10. Subdivision 1-a of section 1809 of the vehicle and traffic law, 31 as separately added by chapters 421, 460 and 773 of the laws of 2021, 32 paragraph (g) as relettered by chapter 258 of the laws of 2022, is 33 amended to read as follows: 34 1-a. Notwithstanding the provisions of subdivision one of this 35 section, the provisions of subdivision one of this section shall not 36 apply to an adjudication of liability of owners: (a) for violations of 37 subdivision (d) of section eleven hundred eleven of this chapter imposed 38 pursuant to a local law or ordinance imposing monetary liability on the 39 owner of a vehicle for failure of an operator thereof to comply with 40 traffic-control indications through the installation and operation of 41 traffic-control signal photo violation-monitoring systems, in accordance 42 with article twenty-four of this chapter; or (b) for violations of 43 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty 44 of this chapter imposed pursuant to a demonstration program imposing 45 monetary liability on the owner of a vehicle for failure of an operator 46 thereof to comply with such posted maximum speed limits through the 47 installation and operation of photo speed violation monitoring systems, 48 in accordance with article thirty of this chapter; or (c) for violations 49 of bus lane restrictions as defined by article twenty-four of this chap- 50 ter imposed pursuant to a bus rapid transit program imposing monetary 51 liability on the owner of a vehicle for failure of an operator thereof 52 to comply with such bus lane restrictions through the installation and 53 operation of bus lane photo devices, in accordance with article twenty- 54 four of this chapter; or (d) for violations of toll collection regu- 55 lations imposed by certain public authorities pursuant to the law 56 authorizing such public authorities to impose monetary liability on theA. 6064 15 1 owner of a vehicle for failure of an operator thereof to comply with 2 toll collection regulations of such public authorities through the 3 installation and operation of photo-monitoring systems, in accordance 4 with the provisions of section two thousand nine hundred eighty-five of 5 the public authorities law and sections sixteen-a, sixteen-b and 6 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen 7 hundred fifty; or (e) for violations of section eleven hundred seventy- 8 four of this chapter when meeting a school bus marked and equipped as 9 provided in subdivisions twenty and twenty-one-c of section three 10 hundred seventy-five of this chapter imposed pursuant to a local law or 11 ordinance imposing monetary liability on the owner of a vehicle for 12 failure of an operator thereof to comply with school bus red visual 13 signals through the installation and operation of school bus photo 14 violation monitoring systems, in accordance with article twenty-nine of 15 this chapter; or (f) for violations of section three hundred eighty-five 16 of this chapter and the rules of the department of transportation of the 17 city of New York in relation to gross vehicle weight and/or axle weight 18 violations imposed pursuant to a weigh in motion demonstration program 19 imposing monetary liability on the owner of a vehicle for failure of an 20 operator thereof to comply with such gross vehicle weight and/or axle 21 weight restrictions through the installation and operation of weigh in 22 motion violation monitoring systems, in accordance with article ten of 23 this chapter; or (g) for violations of subdivision (b), (d), (f) or (g) 24 of section eleven hundred eighty of this chapter imposed pursuant to a 25 demonstration program imposing monetary liability on the owner of a 26 vehicle for failure of an operator thereof to comply with such posted 27 maximum speed limits within a highway construction or maintenance work 28 area through the installation and operation of photo speed violation 29 monitoring systems, in accordance with article thirty of this chapter; 30 or (h) for violations of subdivision (b), (d), (f) or (g) of section 31 eleven hundred eighty-f of this chapter imposed pursuant to a demon- 32 stration program imposing monetary liability on the owner of a 33 vehicle for failure of an operator thereof to comply with such posted 34 maximum speed limits within a highway construction or maintenance work 35 area through the installation and operation of photo speed violation 36 monitoring systems, in accordance with article thirty of this chapter. 37 § 11. Paragraph a of subdivision 1 of section 1809-e of the vehicle 38 and traffic law, as separately added by chapters 421, 460 and 773 of the 39 laws of 2021, subparagraph (viii) as relettered by chapter 258 of the 40 laws of 2022, is amended to read as follows: 41 a. Notwithstanding any other provision of law, whenever proceedings in 42 a court or an administrative tribunal of this state result in a 43 conviction for an offense under this chapter, except a conviction pursu- 44 ant to section eleven hundred ninety-two of this chapter, or for a traf- 45 fic infraction under this chapter, or a local law, ordinance, rule or 46 regulation adopted pursuant to this chapter, except: (i) a traffic 47 infraction involving standing, stopping, or parking or violations by 48 pedestrians or bicyclists; and (ii) an adjudication of liability of an 49 owner for a violation of subdivision (d) of section eleven hundred elev- 50 en of this chapter imposed pursuant to a local law or ordinance imposing 51 monetary liability on the owner of a vehicle for failure of an operator 52 thereof to comply with traffic-control indications through the installa- 53 tion and operation of traffic-control signal photo violation-monitoring 54 systems, in accordance with article twenty-four of this chapter; and 55 (iii) an adjudication of liability of an owner for a violation of subdi- 56 vision (b), (c), (d), (f) or (g) of section eleven hundred eighty ofA. 6064 16 1 this chapter imposed pursuant to a demonstration program imposing mone- 2 tary 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; and (iv) an adjudi- 6 cation of liability of an owner for a violation of bus lane restrictions 7 as defined by article twenty-four of this chapter imposed pursuant to a 8 bus 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; and (v) 12 an adjudication of liability of an owner for a violation of toll 13 collection regulations imposed by certain public authorities pursuant to 14 the law authorizing such public authorities to impose monetary liability 15 on the owner of a vehicle for failure of an operator thereof to comply 16 with toll collection regulations of such public authorities through the 17 installation and operation of photo-monitoring systems, in accordance 18 with section two thousand nine hundred eighty-five of the public author- 19 ities law or sections sixteen-a, sixteen-b and sixteen-c of chapter 20 seven hundred seventy-four of the laws of nineteen hundred fifty; and 21 (vi) an adjudication of liability of an owner for a violation of section 22 eleven hundred seventy-four of this chapter when meeting a school bus 23 marked and equipped as provided in subdivisions twenty and twenty-one-c 24 of section three hundred seventy-five of this chapter imposed pursuant 25 to a local law or ordinance imposing monetary liability on the owner of 26 a vehicle for failure of an operator thereof to comply with school bus 27 red visual signals through the installation and operation of school bus 28 photo violation monitoring systems, in accordance with article twenty- 29 nine of this chapter; and (vii) an adjudication of liability of an owner 30 for a violation of section three hundred eighty-five of this chapter and 31 the rules of the department of transportation of the city of New York in 32 relation to gross vehicle weight and/or axle weight violations imposed 33 pursuant to a weigh in motion demonstration program imposing monetary 34 liability on the owner of a vehicle for failure of an operator thereof 35 to comply with such gross vehicle weight and/or axle weight restrictions 36 through the installation and operation of weigh in motion violation 37 monitoring systems, in accordance with article ten of this chapter; and 38 (viii) an adjudication of liability of an owner for a violation of 39 subdivision (b), (d), (f) or (g) of section eleven hundred eighty of 40 this chapter imposed pursuant to a demonstration program imposing mone- 41 tary liability on the owner of a vehicle for failure of an operator 42 thereof to comply with such posted maximum speed limits within a highway 43 construction or maintenance work area through the installation and oper- 44 ation of photo speed violation monitoring systems, in accordance with 45 article thirty of this chapter[,]; and (ix) an adjudication of liability 46 of an owner for a violation of subdivision (b), (d), (f) or (g) of 47 section eleven hundred eighty-f of this chapter imposed pursuant to 48 a demonstration program imposing monetary liability on the owner of a 49 vehicle for failure of an operator thereof to comply with such posted 50 maximum speed limits within a highway safety corridor through the 51 installation and operation of photo speed violation monitoring systems, 52 in accordance with article thirty of this chapter, there shall be 53 levied in addition to any sentence, penalty or other surcharge required 54 or permitted by law, an additional surcharge of twenty-eight dollars.A. 6064 17 1 § 12. Section 371-a of the general municipal law, as separately added 2 by chapters 421, 460 and 773 of the laws of 2021, is amended to read as 3 follows: 4 § 371-a. Additional jurisdiction and procedure related to the adjudi- 5 cation of certain notices of liability. A traffic violations bureau 6 established pursuant to subdivision one and a traffic and parking 7 violations agency established pursuant to subdivision two of section 8 three hundred seventy-one of this article may be authorized to adjudi- 9 cate, in accordance with the provisions of this article, the liability 10 of owners: (a) for violations of subdivision (d) of section eleven 11 hundred eleven of the vehicle and traffic law imposed pursuant to a 12 local law or ordinance imposing monetary liability on the owner of a 13 vehicle for failure of an operator thereof to comply with traffic-con- 14 trol indications through the installation and operation of traffic-con- 15 trol signal photo violation-monitoring systems, in accordance with arti- 16 cle twenty-four of the vehicle and traffic law; or (b) for violations of 17 section eleven hundred seventy-four of the vehicle and traffic law when 18 meeting a school bus marked and equipped as provided in subdivisions 19 twenty and twenty-one-c of section three hundred seventy-five of the 20 vehicle and traffic law imposed pursuant to a local law or ordinance 21 imposing monetary liability on the owner of a vehicle for failure of an 22 operator thereof to comply with school bus red visual signals through 23 the installation and operation of school bus photo violation monitoring 24 systems, in accordance with article twenty-nine of the vehicle and traf- 25 fic law; or (c) for violations of subdivision (b), (d), (f) or (g) of 26 section eleven hundred eighty of the vehicle and traffic law imposed 27 pursuant to a demonstration program imposing monetary liability on the 28 owner of a vehicle for failure of an operator thereof to comply with 29 such posted maximum speed limits within a highway construction or main- 30 tenance work area through the installation and operation of photo speed 31 violation monitoring systems, in accordance with article thirty of this 32 chapter; or (d) for violations of subdivision (b), (d), (f) or (g) of 33 section eleven hundred eighty-f of the vehicle and traffic law imposed 34 pursuant to a demonstration program imposing monetary liability on the 35 owner of a vehicle for failure of an operator thereof to comply with 36 such posted maximum speed limits within a highway construction or main- 37 tenance work area through the installation and operation of photo speed 38 violation monitoring systems, in accordance with article thirty of the 39 vehicle and traffic law. 40 § 13. The vehicle and traffic law is amended by adding a new section 41 1180-f to read as follows: 42 § 1180-f. Owner liability for failure of operator to comply with 43 certain posted maximum speed limits. (a) 1. Notwithstanding any other 44 provision of law, the commissioner of transportation is hereby author- 45 ized to establish a demonstration program imposing monetary liability on 46 the owner of a vehicle for failure of an operator thereof to comply with 47 posted maximum speed limits in a highway safety corridor. The commis- 48 sioner, in consultation with the superintendent of the division of state 49 police, shall determine the location in the highway safety corridor in 50 which to install and operate photo speed violation monitoring systems. 51 In selecting a location in a highway safety corridor in which to install 52 and operate a photo speed violation monitoring system, the commissioner 53 shall consider criteria including, but not limited to, the speed data, 54 crash history, and roadway geometry applicable to such highway safety 55 corridor. A photo speed violation monitoring system shall not be 56 installed or operated on a controlled-access highway exit ramp.A. 6064 18 1 2. Notwithstanding any other provision of law, after holding a public 2 hearing in accordance with the public officers law and subsequent 3 approval of the establishment of a demonstration program in accordance 4 with this section by a majority of the members of the entire board of 5 the thruway authority, the chair of the thruway authority is hereby 6 authorized to establish a demonstration program imposing monetary 7 liability on the owner of a vehicle for failure of an operator thereof 8 to comply with posted maximum speed limits in a highway safety corridor. 9 The chair, in consultation with the superintendent of the division of 10 state police, shall determine the location of the highway safety corri- 11 dor located on the thruway in which to install and operate photo speed 12 violation monitoring systems. In selecting an area in which to install 13 and operate a photo speed violation monitoring system, the chair shall 14 consider criteria including, but not limited to, the speed data, crash 15 history, and roadway geometry applicable to such highway safety corri- 16 dor. A photo speed violation monitoring system shall not be installed or 17 operated on a thruway exit ramp. 18 3. No photo speed violation monitoring system shall be used in a high- 19 way safety corridor unless (i) on the day it is to be used it has 20 successfully passed a self-test of its functions; and (ii) it has under- 21 gone an annual calibration check performed pursuant to paragraph five of 22 this subdivision. The commissioner or chair, as applicable, shall 23 install signs giving notice that a photo speed violation monitoring 24 system is in use, in conformance with standards established in the 25 MUTCD. 26 4. Operators of photo speed violation monitoring systems shall have 27 completed training in the procedures for setting up, testing, and oper- 28 ating such systems. Each such operator shall complete and sign a daily 29 set-up log for each such system that he or she operates that (i) states 30 the date and time when, and the location where, the system was set up 31 that day, and (ii) states that such operator successfully performed, and 32 the system passed, the self-tests of such system before producing a 33 recorded image that day. The commissioner or the chair, as applicable, 34 shall retain each such daily log until the later of the date on which 35 the photo speed violation monitoring system to which it applies has been 36 permanently removed from use or the final resolution of all cases 37 involving notices of liability issued based on photographs, microphoto- 38 graphs, video or other recorded images produced by such system. 39 5. Each photo speed violation monitoring system shall undergo an annu- 40 al calibration check performed by an independent calibration laboratory 41 which shall issue a signed certificate of calibration. The commissioner 42 or the chair, as applicable, shall keep each such annual certificate of 43 calibration on file until the final resolution of all cases involving a 44 notice of liability issued during such year which were based on photo- 45 graphs, microphotographs, videotape or other recorded images produced by 46 such photo speed violation monitoring system. 47 6. (i) Such demonstration program shall utilize necessary technologies 48 to ensure, to the extent practicable, that photographs, microphoto- 49 graphs, videotape or other recorded images produced by such photo speed 50 violation monitoring systems shall not include images that identify the 51 driver, the passengers, or the contents of the vehicle. Provided, howev- 52 er, that no notice of liability issued pursuant to this section shall be 53 dismissed solely because such a photograph, microphotograph, videotape 54 or other recorded image allows for the identification of the driver, the 55 passengers, or the contents of vehicles where the commissioner or theA. 6064 19 1 chair, as applicable, shows that they made reasonable efforts to comply 2 with the provisions of this paragraph in such case. 3 (ii) Photographs, microphotographs, videotape or any other recorded 4 image from a photo speed violation monitoring system shall be for the 5 exclusive use of the commissioner or the chair, as applicable, for the 6 purpose of the adjudication of liability imposed pursuant to this 7 section and of the owner receiving a notice of liability pursuant to 8 this section, and shall be destroyed by the commissioner or chair, as 9 applicable, upon the final resolution of the notice of liability to 10 which such photographs, microphotographs, videotape or other recorded 11 images relate, or one year following the date of issuance of such notice 12 of liability, whichever is later. Notwithstanding the provisions of any 13 other law, rule or regulation to the contrary, photographs, microphoto- 14 graphs, videotape or any other recorded image from a photo speed 15 violation monitoring system shall not be open to the public, nor subject 16 to civil or criminal process or discovery, nor used by any court or 17 administrative or adjudicatory body in any action or proceeding therein 18 except that which is necessary for the adjudication of a notice of 19 liability issued pursuant to this section, and no public entity or 20 employee, officer or agent thereof shall disclose such information, 21 except that such photographs, microphotographs, videotape or any other 22 recorded images from such systems: 23 (A) shall be available for inspection and copying and use by the motor 24 vehicle owner and operator for so long as such photographs, microphoto- 25 graphs, videotape or other recorded images are required to be maintained 26 or are maintained by such public entity, employee, officer or agent; and 27 (B) (1) shall be furnished when described in a search warrant issued 28 by a court authorized to issue such a search warrant pursuant to article 29 six hundred ninety of the criminal procedure law or a federal court 30 authorized to issue such a search warrant under federal law, where such 31 search warrant states that there is reasonable cause to believe such 32 information constitutes evidence of, or tends to demonstrate that, a 33 misdemeanor or felony offense was committed in this state or another 34 state, or that a particular person participated in the commission of a 35 misdemeanor or felony offense in this state or another state, provided, 36 however, that if such offense was against the laws of another state, the 37 court shall only issue a warrant if the conduct comprising such offense 38 would, if occurring in this state, constitute a misdemeanor or felony 39 against the laws of this state; and 40 (2) shall be furnished in response to a subpoena duces tecum signed by 41 a judge of competent jurisdiction and issued pursuant to article six 42 hundred ten of the criminal procedure law or a judge or magistrate of a 43 federal court authorized to issue such a subpoena duces tecum under 44 federal law, where the judge finds and the subpoena states that there is 45 reasonable cause to believe such information is relevant and material to 46 the prosecution, or the defense, or the investigation by an authorized 47 law enforcement official, of the alleged commission of a misdemeanor or 48 felony in this state or another state, provided, however, that if such 49 offense was against the laws of another state, such judge or magistrate 50 shall only issue such subpoena if the conduct comprising such offense 51 would, if occurring in this state, constitute a misdemeanor or felony in 52 this state; and 53 (3) may, if lawfully obtained pursuant to this clause and clause (A) 54 of this subparagraph and otherwise admissible, be used in such criminal 55 action or proceeding.A. 6064 20 1 (b) If the commissioner or chair establishes a demonstration program 2 pursuant to subdivision (a) of this section, the owner of a vehicle 3 shall be liable for a penalty imposed pursuant to this section if such 4 vehicle was used or operated with the permission of the owner, express 5 or implied, within a highway safety corridor located on a controlled-ac- 6 cess highway or on the thruway in violation of paragraph two of subdivi- 7 sion (d) or subdivision (f), or when other speed limits are in effect in 8 violation of subdivision (b) or (g) or paragraph one of subdivision (d), 9 of section eleven hundred eighty of this article, such vehicle was trav- 10 eling at a speed of more than ten miles per hour above the posted speed 11 limit in effect within such highway safety corridor, and such violation 12 is evidenced by information obtained from a photo speed violation moni- 13 toring system; provided however that no owner of a vehicle shall be 14 liable for a penalty imposed pursuant to this section where the operator 15 of such vehicle has been convicted of the underlying violation of subdi- 16 vision (b), (d), (f) or (g) of section eleven hundred eighty of this 17 article. 18 (c) For purposes of this section, the following terms shall have the 19 following meanings: 20 1. "chair" shall mean the chair of the New York state thruway authori- 21 ty; 22 2. "commissioner" shall mean the commissioner of transportation; 23 3. "controlled-access highway" shall mean a controlled-access highway 24 as defined by section one hundred nine of this chapter under the commis- 25 sioner's jurisdiction which has been functionally classified by the 26 department of transportation as principal arterial - interstate or prin- 27 cipal arterial - other freeway/expressway on official functional classi- 28 fication maps approved by the federal highway administration pursuant to 29 part 470.105 of title 23 of the code of federal regulations, as amended 30 from time to time; 31 4. "manual on uniform traffic control devices" or "MUTCD" shall mean 32 the manual and specifications for a uniform system of traffic control 33 devices maintained by the commissioner of transportation pursuant to 34 section sixteen hundred eighty of this chapter; 35 5. "owner" shall have the meaning provided in article two-B of this 36 chapter; 37 6. "photo speed violation monitoring system" shall mean a vehicle 38 sensor installed to work in conjunction with a speed measuring device 39 which automatically produces two or more photographs, two or more micro- 40 photographs, a videotape or other recorded images of each vehicle at the 41 time it is used or operated in a highway safety corridor located on a 42 controlled-access highway or on the thruway in violation of subdivision 43 (b), (d), (f) or (g) of section eleven hundred eighty of this article in 44 accordance with the provisions of this section; 45 7. "thruway authority" shall mean the New York state thruway authori- 46 ty, a body corporate and politic constituting a public corporation 47 created and constituted pursuant to title nine of article two of the 48 public authorities law; and 49 8. "thruway" shall mean generally a divided highway under the juris- 50 diction of the thruway authority for mixed traffic with access limited 51 as the authority may determine and generally with grade separations at 52 intersections. 53 (d) A certificate, sworn to or affirmed by a technician employed by 54 the commissioner or chair as applicable, or a facsimile thereof, based 55 upon inspection of photographs, microphotographs, videotape or other 56 recorded images produced by a photo speed violation monitoring system,A. 6064 21 1 shall be prima facie evidence of the facts contained therein. Any photo- 2 graphs, microphotographs, videotape or other recorded images evidencing 3 such a violation shall include at least two date and time stamped images 4 of the rear of the motor vehicle that include the same stationary object 5 near the motor vehicle and shall be available for inspection reasonably 6 in advance of and at any proceeding to adjudicate the liability for such 7 violation pursuant to this section. 8 (e) An owner liable for a violation of subdivision (b), (d), (f) or 9 (g) of section eleven hundred eighty of this article pursuant to a 10 demonstration program established pursuant to this section shall be 11 liable for monetary penalties not to exceed fifty dollars for a first 12 violation, seventy-five dollars for a second violation both of which 13 were committed within a period of eighteen months, and one hundred 14 dollars for a third or subsequent violation all of which were committed 15 within a period of eighteen months; provided, however, that an addi- 16 tional penalty not in excess of twenty-five dollars for each violation 17 may be imposed for the failure to respond to a notice of liability with- 18 in the prescribed time period. 19 (f) An imposition of liability under the demonstration program estab- 20 lished pursuant to this section shall not be deemed a conviction as an 21 operator and shall not be made part of the operating record of the 22 person upon whom such liability is imposed nor shall it be used for 23 insurance purposes in the provision of motor vehicle insurance coverage. 24 (g) 1. A notice of liability shall be sent by first class mail to each 25 person alleged to be liable as an owner for a violation of subdivision 26 (b), (d), (f) or (g) of section eleven hundred eighty of this article 27 pursuant to this section, within fourteen business days if such owner is 28 a resident of this state and within forty-five business days if such 29 owner is a non-resident. Personal delivery on the owner shall not be 30 required. A manual or automatic record of mailing prepared in the 31 ordinary course of business shall be prima facie evidence of the facts 32 contained therein. 33 2. A notice of liability shall contain the name and address of the 34 person alleged to be liable as an owner for a violation of subdivision 35 (b), (d), (f) or (g) of section eleven hundred eighty of this article 36 pursuant to this section, the registration number of the vehicle 37 involved in such violation, the location where such violation took 38 place, the date and time of such violation, the identification number of 39 the camera which recorded the violation or other document locator 40 number, at least two date and time stamped images of the rear of the 41 motor vehicle that include the same stationary object near the motor 42 vehicle, and the certificate charging the liability. 43 3. The notice of liability shall contain information advising the 44 person charged of the manner and the time in which he or she may contest 45 the liability alleged in the notice. Such notice of liability shall also 46 contain a prominent warning to advise the person charged that failure to 47 contest in the manner and time provided shall be deemed an admission of 48 liability and that a default judgment may be entered thereon. 49 4. The notice of liability shall be prepared and mailed by the commis- 50 sioner or chair as applicable, or by any other entity authorized by the 51 commissioner or chair to prepare and mail such notice of liability. 52 (h) Adjudication of the liability imposed upon owners of this section 53 shall be by a traffic violations bureau established pursuant to section 54 three hundred seventy of the general municipal law where the violation 55 occurred or, if there be none, by the court having jurisdiction over 56 traffic infractions where the violation occurred, except that if a cityA. 6064 22 1 has established an administrative tribunal to hear and determine 2 complaints of traffic infractions constituting parking, standing or 3 stopping violations such city may, by local law, authorize such adjudi- 4 cation by such tribunal. 5 (i) If an owner receives a notice of liability pursuant to this 6 section for any time period during which the vehicle or the number plate 7 or plates of such vehicle was reported to the police department as 8 having been stolen, it shall be a valid defense to an allegation of 9 liability for a violation of subdivision (b), (d), (f) or (g) of section 10 eleven hundred eighty of this article pursuant to this section that the 11 vehicle or the number plate or plates of such vehicle had been reported 12 to the police as stolen prior to the time the violation occurred and had 13 not been recovered by such time. For purposes of asserting the defense 14 provided by this subdivision, it shall be sufficient that a certified 15 copy of the police report on the stolen vehicle or number plate or 16 plates of such vehicle be sent by first class mail to the traffic 17 violations bureau, court having jurisdiction or parking violations 18 bureau. 19 (j) 1. Where the adjudication of liability imposed upon owners pursu- 20 ant to this section is by a traffic violations bureau or a court having 21 jurisdiction, an owner who is a lessor of a vehicle to which a notice of 22 liability was issued pursuant to subdivision (g) of this section shall 23 not be liable for the violation of subdivision (b), (d), (f) or (g) of 24 section eleven hundred eighty of this article pursuant to this section, 25 provided that he or she sends to the traffic violations bureau or court 26 having jurisdiction a copy of the rental, lease or other such contract 27 document covering such vehicle on the date of the violation, with the 28 name and address of the lessee clearly legible, within thirty-seven days 29 after receiving notice from the bureau or court of the date and time of 30 such violation, together with the other information contained in the 31 original notice of liability. Failure to send such information within 32 such thirty-seven day time period shall render the owner liable for the 33 penalty prescribed by this section. Where the lessor complies with the 34 provisions of this paragraph, the lessee of such vehicle on the date of 35 such violation shall be deemed to be the owner of such vehicle for 36 purposes of this section, shall be subject to liability for the 37 violation of subdivision (b), (d), (f) or (g) of section eleven hundred 38 eighty of this article pursuant to this section and shall be sent a 39 notice of liability pursuant to subdivision (g) of this section. 40 2. (i) In a city which, by local law, has authorized the adjudication 41 of liability imposed upon owners by this section by a parking violations 42 bureau, an owner who is a lessor of a vehicle to which a notice of 43 liability was issued pursuant to subdivision (g) of this section shall 44 not be liable for the violation of subdivision (b), (d), (f) or (g) of 45 section eleven hundred eighty of this article, provided that: 46 (A) prior to the violation, the lessor has filed with the bureau in 47 accordance with the provisions of section two hundred thirty-nine of 48 this chapter; and 49 (B) within thirty-seven days after receiving notice from the bureau of 50 the date and time of a liability, together with the other information 51 contained in the original notice of liability, the lessor submits to the 52 bureau the correct name and address of the lessee of the vehicle identi- 53 fied in the notice of liability at the time of such violation, together 54 with such other additional information contained in the rental, lease or 55 other contract document, as may be reasonably required by the bureau 56 pursuant to regulations that may be promulgated for such purpose.A. 6064 23 1 (ii) Failure to comply with clause (B) of subparagraph (i) of this 2 paragraph shall render the owner liable for the penalty prescribed in 3 this section. 4 (iii) Where the lessor complies with the provisions of this paragraph, 5 the lessee of such vehicle on the date of such violation shall be deemed 6 to be the owner of such vehicle for purposes of this section, shall be 7 subject to liability for such violation pursuant to this section and 8 shall be sent a notice of liability pursuant to subdivision (g) of this 9 section. 10 (k) 1. If the owner liable for a violation of subdivision (b), (d), 11 (f) or (g) of section eleven hundred eighty of this article pursuant to 12 this section was not the operator of the vehicle at the time of the 13 violation, the owner may maintain an action for indemnification against 14 the operator. 15 2. Notwithstanding any other provision of this section, no owner of a 16 vehicle shall be subject to a monetary fine imposed pursuant to this 17 section if the operator of such vehicle was operating such vehicle with- 18 out the consent of the owner at the time such operator operated such 19 vehicle in violation of subdivision (b), (d), (f) or (g) of section 20 eleven hundred eighty of this article. For purposes of this subdivision 21 there shall be a presumption that the operator of such vehicle was oper- 22 ating such vehicle with the consent of the owner at the time such opera- 23 tor operated such vehicle in violation of subdivision (b), (d), (f) or 24 (g) of section eleven hundred eighty of this article. 25 (l) Nothing in this section shall be construed to limit the liability 26 of an operator of a vehicle for any violation of subdivision (b), (d), 27 (f) or (g) of section eleven hundred eighty of this article. 28 (m) If the commissioner or chair adopts a demonstration program pursu- 29 ant to subdivision (a) of this section the commissioner or chair, as 30 applicable, shall conduct a study and submit a report on or before May 31 first, two thousand twenty-four and a report on or before May first, two 32 thousand twenty-six on the results of the use of photo devices to the 33 governor, the temporary president of the senate and the speaker of the 34 assembly. The commissioner or chair shall also make such reports avail- 35 able on their public-facing websites, provided that they may provide 36 aggregate data from paragraph one of this subdivision if the commission- 37 er or chair finds that publishing specific location data would jeopard- 38 ize public safety. Such report shall include: 39 1. the locations where and dates when photo speed violation monitoring 40 systems were used; 41 2. the aggregate number, type and severity of crashes, fatalities, 42 injuries and property damage reported within all highway safety corridor 43 on controlled-access highways or on the thruway, to the extent the 44 information is maintained by the commissioner, chair or the department 45 of motor vehicles of this state; 46 3. the aggregate number, type and severity of crashes, fatalities, 47 injuries and property damage reported within highway safety corridor 48 where photo speed violation monitoring systems were used, to the extent 49 the information is maintained by the commissioner, chair or the depart- 50 ment of motor vehicles of this state; 51 4. the number of violations recorded within all highway safety corri- 52 dor on controlled-access highways or on the thruway, in the aggregate on 53 a daily, weekly and monthly basis to the extent the information is main- 54 tained by the commissioner, chair or the department of motor vehicles of 55 this state;A. 6064 24 1 5. the number of violations recorded within each highway safety corri- 2 dor where a photo speed violation monitoring system is used, in the 3 aggregate on a daily, weekly and monthly basis; 4 6. to the extent the information is maintained by the commissioner, 5 chair or the department of motor vehicles of this state, the number of 6 violations recorded within all highway safety corridor on controlled-ac- 7 cess highways or on the thruway that were: 8 (i) more than ten but not more than twenty miles per hour over the 9 posted speed limit; 10 (ii) more than twenty but not more than thirty miles per hour over the 11 posted speed limit; 12 (iii) more than thirty but not more than forty miles per hour over the 13 posted speed limit; and 14 (iv) more than forty miles per hour over the posted speed limit; 15 7. the number of violations recorded within each highway safety corri- 16 dor where a photo speed violation monitoring system is used that were: 17 (i) more than ten but not more than twenty miles per hour over the 18 posted speed limit; 19 (ii) more than twenty but not more than thirty miles per hour over the 20 posted speed limit; 21 (iii) more than thirty but not more than forty miles per hour over the 22 posted speed limit; and 23 (iv) more than forty miles per hour over the posted speed limit; 24 8. the total number of notices of liability issued for violations 25 recorded by such systems; 26 9. the number of fines and total amount of fines paid after the first 27 notice of liability issued for violations recorded by such systems, to 28 the extent the information is maintained by the commissioner, chair or 29 the department of motor vehicles of this state; 30 10. the number of violations adjudicated and the results of such adju- 31 dications including breakdowns of dispositions made for violations 32 recorded by such systems, to the extent the information is maintained by 33 the commissioner, chair or the department of motor vehicles of this 34 state; 35 11. the total amount of revenue realized by the state or thruway 36 authority in connection with the program; 37 12. the expenses incurred by the state or the thruway authority in 38 connection with the program; 39 13. an itemized list of expenditures made by the state and the thruway 40 authority on safety corridor projects undertaken in accordance with 41 subdivisions eleven and twelve of section eighteen hundred three of this 42 chapter; and 43 14. the quality of the adjudication process and its results, to the 44 extent the information is maintained by the commissioner, chair or the 45 department of motor vehicles of this state. 46 (n) It shall be a defense to any prosecution for a violation of subdi- 47 vision (b), (d), (f) or (g) of section eleven hundred eighty of this 48 article pursuant to this section that such photo speed violation moni- 49 toring system was malfunctioning at the time of the alleged violation. 50 § 14. Section 401 of the highway law, as renumbered by section 1 of 51 this act, is amended to read as follows: 52 § 401. Saving clause. The repeal of a law, as specified in section 53 [three hundred and fifty-three] four hundred four of this article shall 54 not affect or impair any contract, or any act done, or right accruing, 55 accrued or acquired or any penalty, forfeiture, or punishment incurred 56 prior to the time when this chapter or any section thereof takes effect,A. 6064 25 1 under or by virtue of the laws so repealed, but the same may be 2 asserted, enforced, prosecuted, or inflicted, as fully and to the same 3 extent, as if such laws had not been repealed. 4 § 15. Section 402 of the highway law, as added by chapter 506 of the 5 laws of 1936, and as renumbered by section 1 of this act, is amended to 6 read as follows: 7 § 402. Effect of amendments to and repeals of provisions of the former 8 highway law. 1. An act of the legislature of the year nineteen hundred 9 thirty-six which, in form, amends or repeals or purports to amend or 10 repeal any provision or provisions of the former highway law shall be 11 legally effective notwithstanding the repeal of such former highway law 12 by section [three hundred fifty-three] four hundred four of this 13 article, and shall be construed as an amendment or repeal, as the case 14 may be, of the corresponding provision or provisions of this chapter 15 irrespective of whether such provision or provisions are contained in 16 this chapter in one or more than one article, section, subdivision or 17 other part thereof and such corresponding provision or provisions shall 18 be deemed amended, modified, changed or repealed as though the same had 19 been expressly and in terms so amended or repealed. 20 2. An act of the legislature of the year nineteen hundred thirty-six 21 which adds or purports to add a new article, section, subdivision or 22 other provision of law to the former highway law shall be legally effec- 23 tive notwithstanding the repeal of such former highway law by section 24 [three hundred fifty-three] four hundred four of this article and shall 25 be construed as having been added to this chapter and shall be given 26 full effect according to its context as if the same had been added 27 expressly and in terms to this chapter and shall be deemed to have been 28 inserted in this chapter in juxtaposition to and as modifying the effect 29 of the corresponding provision or provisions of this chapter. 30 3. The repeal of such former highway law by section [three hundred31fifty-three] four hundred four of this article shall not be construed to 32 impair or affect the validity of any act of the legislature of the year 33 nineteen hundred thirty-six relating to highways, roads or bridges 34 because of any reference to or dependency on such former law but such 35 act shall be construed in connection with this chapter as though in 36 terms and in effect such act referred to or dependent upon this chapter. 37 § 16. This act shall take effect on the one hundred eightieth day 38 after it shall have become a law. Effective immediately, the addition, 39 amendment and/or repeal of any rule or regulation necessary for the 40 implementation of this act on its effective date are authorized to be 41 made and completed on or before such date.
