S 10322 NY
Relates to owner liability for failure of an operator to comply with stopping requirements at intersections in violation of section 1174 of the vehicle and traffic law
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Summary
Relates to owner liability for failure of an operator to comply with stopping requirements at intersections in violation of section 1174 of the vehicle and traffic law; relates to access to records.
Sponsor (1)
- Brian Kavanagh Democratic · primary
Action history (1)
- May 13, 2026 REFERRED TO TRANSPORTATION · upper
Text versions (2)
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Bill No.: Summary Actions Committee Votes Floor Votes Memo Text LFIN Chamber Video/Transcript S10322 Summary: BILL NO S10322   SAME AS SAME AS A11436
  SPONSOR KAVANAGH   COSPNSR   MLTSPNSR   Add §1175-a, amd §§235, 236, 239, 240, 241, 401, 1809 & 1809-e, V & T L; amd §87, Pub Off L   Relates to owner liability for failure of an operator to comply with stopping requirements at intersections in violation of section 1174 of the vehicle and traffic law; relates to access to records.
Go to top S10322 Text:
STATE OF NEW YORK ________________________________________________________________________
10322
IN SENATE
May 13, 2026 ___________
Introduced by Sen. KAVANAGH -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation
AN ACT to amend the vehicle and traffic law and public officers law, in relation to establishing a demonstration program implementing inter- section monitoring systems and owner liability for failure of an oper- ator to comply with stopping requirements at intersections; and providing for the repeal of certain provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem- bly, do enact as follows:
1 Section 1. The vehicle and traffic law is amended by adding a new 2 section 1175-a to read as follows: 3 § 1175-a. Owner liability for failure of an operator to comply with 4 stopping requirements at intersections; city of New York. (a) 1. 5 Notwithstanding any other provision of law, the city of New York is 6 hereby authorized and empowered to adopt and amend a local law or ordi- 7 nance establishing a demonstration program imposing monetary liability 8 on the owner of a vehicle for failure of an operator thereof to comply 9 with section eleven hundred seventy-five of this article in such city, 10 in accordance with the provisions of this section. Such demonstration 11 program shall empower such city to install and operate intersection 12 monitoring devices at no more than forty intersections within such city 13 at any one time. 14 2. Such demonstration program shall utilize necessary technologies to 15 ensure, to the extent practicable, that photographs, microphotographs, 16 videotape or other recorded images produced by such intersection moni- 17 toring systems shall not include images that identify the driver, the 18 passengers, or the contents of the vehicle. Provided, however, that no 19 notice of liability issued pursuant to this section shall be dismissed 20 solely because a photograph, microphotographs, videotape or other 21 recorded images allows for the identification of the contents of a vehi- 22 cle, provided that such city has made a reasonable effort to comply with 23 the provisions of this paragraph. 24 (b) In any such city which has adopted a local law or ordinance pursu- 25 ant to subdivision (a) of this section, the owner of a vehicle shall be
EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15817-01-6
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1 liable for a penalty imposed pursuant to this section if such vehicle 2 was used or operated with the permission of the owner, express or 3 implied, in violation of section eleven hundred seventy-five of this 4 article, and such violation is evidenced by information obtained from an 5 intersection monitoring system; provided however that no owner of a 6 vehicle shall be liable for a penalty imposed pursuant to this section 7 where the operator of such vehicle has been convicted of the underlying 8 violation of section eleven hundred seventy-five of this article. 9 (c) For purposes of this section, "owner" shall have the meaning 10 provided in article two-B of this chapter. For purposes of this section, 11 "intersection monitoring system" shall mean a vehicle sensor installed 12 to work in conjunction with a traffic-control signal which automatically 13 produces two or more photographs, two or more microphotographs, a vide- 14 otape or other recorded images of each vehicle at the time it is used or 15 operated in violation of section eleven hundred seventy-five of this 16 article. 17 (d) A certificate, sworn to or affirmed by a technician employed by 18 the city in which the charged violation occurred, or a facsimile there- 19 of, based upon inspection of photographs, microphotographs, videotape or 20 other recorded images produced by an intersection monitoring system, 21 shall be prima facie evidence of the facts contained therein. Any photo- 22 graphs, microphotographs, videotape or other recorded images evidencing 23 such a violation shall be available for inspection in any proceeding to 24 adjudicate the liability for such violation pursuant to a local law or 25 ordinance adopted pursuant to this section. 26 (e) An owner liable for a violation of section eleven hundred seven- 27 ty-five of this article pursuant to a local law or ordinance adopted 28 pursuant to this section shall be liable for monetary penalties in 29 accordance with a schedule of fines and penalties to be set forth in 30 such local law or ordinance. The liability of the owner pursuant to this 31 section shall not exceed one hundred fifty dollars for each violation; 32 provided, however, that such local law or ordinance may provide for an 33 additional penalty not in excess of twenty-five dollars for each 34 violation for the failure to respond to a notice of liability within the 35 prescribed time period. 36 (f) An imposition of liability under a local law or ordinance adopted 37 pursuant to this section shall not be deemed a conviction as an operator 38 and shall not be made part of the operating record of the person upon 39 whom such liability is imposed nor shall it be used for insurance 40 purposes in the provision of motor vehicle insurance coverage. 41 (g) 1. A notice of liability shall be sent by first class mail to each 42 person alleged to be liable as an owner for a violation of section elev- 43 en hundred seventy-five of this article pursuant to this section. 44 Personal delivery on the owner shall not be required. A manual or auto- 45 matic record of mailing prepared in the ordinary course of business 46 shall be prima facie evidence of the facts contained therein. 47 2. A notice of liability shall contain the name and address of the 48 person alleged to be liable as an owner for a violation of section elev- 49 en hundred seventy-five of this article pursuant to this section, the 50 registration number of the vehicle involved in such violation, the 51 location where such violation took place, the date and time of such 52 violation and the identification number of the camera which recorded the 53 violation or other document locator number. 54 3. The notice of liability shall contain information advising the 55 person charged of the manner and the time in which such person may 56 contest the liability alleged in the notice. Such notice of liability
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1 shall also contain a warning to advise the persons charged that failure 2 to contest in the manner and time provided shall be deemed an admission 3 of liability and that a default judgment may be entered thereon. 4 4. The notice of liability shall be prepared and mailed by the city 5 having jurisdiction over the intersection where the violation occurred, 6 or by any other entity authorized by the city to prepare and mail such 7 notification of violation. 8 (h) Adjudication of the liability imposed upon owners by this section 9 shall be by a traffic violations bureau established pursuant to section 10 three hundred seventy of the general municipal law or, if there be none, 11 by the court having jurisdiction over traffic infractions, except that 12 any city which has established an administrative tribunal to hear and 13 determine complaints of traffic infractions constituting parking, stand- 14 ing or stopping violations may, by local law, authorize such adjudi- 15 cation by such tribunal. 16 (i) If an owner receives a notice of liability pursuant to this 17 section for any time period during which the vehicle was reported to the 18 police department as having been stolen, it shall be a valid defense to 19 an allegation of liability for a violation of section eleven hundred 20 seventy-five of this article pursuant to this section that the vehicle 21 had been reported to the police as stolen prior to the time the 22 violation occurred and had not been recovered by such time. For purposes 23 of asserting the defense provided by this subdivision it shall be suffi- 24 cient that a certified copy of the police report on the stolen vehicle 25 be sent by first class mail to the traffic violations bureau, court 26 having jurisdiction or parking violations bureau. 27 (j) An owner who is a lessor of a vehicle to which a notice of liabil- 28 ity was issued pursuant to subdivision (g) of this section shall not be 29 liable for the violation of section eleven hundred seventy-five of this 30 article, provided that such owner sends to the traffic violations 31 bureau, court having jurisdiction or parking violations bureau a copy of 32 the rental, lease or other such contract document covering such vehicle 33 on the date of the violation, with the name and address of the lessee 34 clearly legible, within thirty-seven days after receiving notice from 35 the bureau, court or bureau of the date and time of such violation, 36 together with the other information contained in the original notice of 37 liability. Failure to send such information within such thirty-seven 38 day time period shall render the owner liable for the penalty prescribed 39 by this section. Where the lessor complies with the provisions of this 40 subdivision, the lessee of such vehicle on the date of such violation 41 shall be deemed to be the owner of such vehicle for purposes of this 42 section, shall be subject to liability for the violation of section 43 eleven hundred seventy-five of this article pursuant to this section and 44 shall be sent a notice of liability pursuant to subdivision (g) of this 45 section. 46 (k) 1. If the owner liable for a violation of section eleven hundred 47 seventy-five of this article pursuant to this section was not the opera- 48 tor of the vehicle at the time of the violation, the owner may maintain 49 an action for indemnification against the operator. 50 2. Notwithstanding any other provision of this section, no owner of a 51 vehicle shall be subject to a monetary fine imposed pursuant to this 52 section if the operator of such vehicle was operating such vehicle with- 53 out the consent of the owner at the time such operator failed to obey 54 the provisions of section eleven hundred seventy-five of this article. 55 For purposes of this subdivision there shall be a presumption that the 56 operator of such vehicle was operating such vehicle with the consent of
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1 the owner at the time such operator failed to obey the provisions of 2 section eleven hundred seventy-five of this article. 3 (l) Nothing in this section shall be construed to limit the liability 4 of an operator of a vehicle for any violation of section eleven hundred 5 seventy-five of this article. 6 (m) Any city that adopts a demonstration program pursuant to subdivi- 7 sion (a) of this section shall submit an annual report detailing the 8 results of the use of such intersection monitoring system to the gover- 9 nor, the temporary president of the senate and the speaker of the assem- 10 bly on or before the first day of June next succeeding the effective 11 date of this section and on the same date in each succeeding year in 12 which the demonstration program is operable. Such report shall include, 13 but not be limited to: 14 1. a description of the locations where intersection monitoring 15 systems were used; 16 2. the aggregate number, type and severity of accidents reported at 17 intersections where an intersection monitoring system is used for the 18 three years preceding the installation of such system, to the extent the 19 information is maintained by the department of motor vehicles of this 20 state; 21 3. the aggregate number, type and severity of accidents reported at 22 intersections where an intersection monitoring system is used for the 23 reporting year, as well as for each year that the intersection monitor- 24 ing system has been operational, to the extent the information is main- 25 tained by the department of motor vehicles of this state; 26 4. the number of events and number of violations recorded at each 27 intersection where an intersection monitoring system is used and in the 28 aggregate on a daily, weekly and monthly basis; 29 5. the number of notices of liability issued for violations recorded 30 by such system at each intersection where an intersection monitoring 31 system is used; 32 6. the number of fines imposed and total amount of fines paid after 33 first notice of liability; 34 7. the number and percentage of violations adjudicated and results of 35 such adjudications including breakdowns of dispositions made for 36 violations recorded by such systems; 37 8. the total amount of revenue realized by such city from such adjudi- 38 cations including a breakdown of revenue realized by such city for each 39 year since deployment of its intersection monitoring system; 40 9. expenses incurred by such city in connection with the program; and 41 10. quality of the adjudication process and its results. 42 § 2. Subdivision 1 of section 235 of the vehicle and traffic law, as 43 amended by section 1 of part N of chapter 58 of the laws of 2025, is 44 amended to read as follows: 45 1. Notwithstanding any inconsistent provision of any general, special 46 or local law or administrative code to the contrary, in any city which 47 heretofore or hereafter is authorized to establish an administrative 48 tribunal: (a) to hear and determine complaints of traffic infractions 49 constituting parking, standing or stopping violations, or (b) to adjudi- 50 cate the liability of owners for violations of subdivision (d) of 51 section eleven hundred eleven of this chapter imposed pursuant to a 52 local law or ordinance imposing monetary liability on the owner of a 53 vehicle for failure of an operator thereof to comply with traffic-con- 54 trol indications through the installation and operation of traffic-con- 55 trol signal photo violation-monitoring systems, in accordance with arti- 56 cle twenty-four of this chapter, or (c) to adjudicate the liability of
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1 owners for violations of subdivision (b), (c), (d), (f) or (g) of 2 section eleven hundred eighty of this chapter imposed pursuant to a 3 demonstration program imposing monetary liability on the owner of a 4 vehicle for failure of an operator thereof to comply with such posted 5 maximum speed limits through the installation and operation of photo 6 speed violation monitoring systems, in accordance with article thirty of 7 this chapter, or (d) to adjudicate the liability of owners for 8 violations of bus lane restrictions as defined by article twenty-four of 9 this chapter imposed pursuant to a bus rapid transit program imposing 10 monetary liability on the owner of a vehicle for failure of an operator 11 thereof to comply with such bus lane restrictions through the installa- 12 tion and operation of bus lane photo devices, in accordance with article 13 twenty-four of this chapter, or (e) to adjudicate the liability of 14 owners for violations of toll collection regulations imposed by certain 15 public authorities pursuant to the law authorizing such public authori- 16 ties to impose monetary liability on the owner of a vehicle for failure 17 of an operator thereof to comply with toll collection regulations of 18 such public authorities through the installation and operation of 19 photo-monitoring systems, in accordance with the provisions of section 20 two thousand nine hundred eighty-five of the public authorities law and 21 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred 22 seventy-four of the laws of nineteen hundred fifty, or (f) to adjudicate 23 the liability of owners for violations of section eleven hundred seven- 24 ty-four of this chapter when meeting a school bus marked and equipped as 25 provided in subdivisions twenty and twenty-one-c of section three 26 hundred seventy-five of this chapter imposed pursuant to a local law or 27 ordinance imposing monetary liability on the owner of a vehicle for 28 failure of an operator thereof to comply with school bus red visual 29 signals through the installation and operation of school bus photo 30 violation monitoring systems, in accordance with article twenty-nine of 31 this chapter, or (g) to adjudicate the liability of owners for 32 violations of section three hundred eighty-five of this chapter and the 33 rules of the applicable covered agency or covered authority as such 34 terms are defined in article ten of this chapter in relation to gross 35 vehicle weight and/or axle weight violations imposed pursuant to a weigh 36 in motion demonstration program imposing monetary liability on the owner 37 of a vehicle for failure of an operator thereof to comply with such 38 gross vehicle weight and/or axle weight restrictions through the instal- 39 lation and operation of weigh in motion violation monitoring systems, in 40 accordance with article ten of this chapter, or (h) to adjudicate the 41 liability of owners for violations of subdivision (b), (d), (f) or (g) 42 of section eleven hundred eighty of this chapter imposed pursuant to a 43 demonstration program imposing monetary liability on the owner of a 44 vehicle for failure of an operator thereof to comply with such posted 45 maximum speed limits within a highway construction or maintenance work 46 area through the installation and operation of photo speed violation 47 monitoring systems, in accordance with article thirty of this chapter, 48 or (i) to adjudicate the liability of owners for violations of bus oper- 49 ation-related traffic regulations as defined by article twenty-four of 50 this chapter imposed pursuant to a demonstration program imposing mone- 51 tary liability on the owner of a vehicle for failure of an operator 52 thereof to comply with such bus operation-related traffic regulations 53 through the installation and operation of bus operation-related photo 54 devices, in accordance with article twenty-four of this chapter, or (j) 55 to adjudicate the liability of owners for violations of section eleven 56 hundred seventy-five of this chapter imposed pursuant to a local law
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1 or ordinance imposing monetary liability on the owner of a vehicle for 2 failure of an operator thereof to comply with stopping requirements at 3 intersections through the installation and operation of intersection 4 monitoring systems, in accordance with article twenty-nine of this chap- 5 ter, such tribunal and the rules and regulations pertaining thereto 6 shall be constituted in substantial conformance with the following 7 sections. 8 § 3. Subdivision 1 of section 236 of the vehicle and traffic law, as 9 amended by section 2 of part N of chapter 58 of the laws of 2025, is 10 amended to read as follows: 11 1. Creation. In any city as hereinbefore or hereafter authorized such 12 tribunal when created shall be known as the parking violations bureau 13 and shall have jurisdiction of traffic infractions which constitute a 14 parking violation and, where authorized: (a) to adjudicate the liability 15 of owners for violations of subdivision (d) of section eleven hundred 16 eleven of this chapter imposed pursuant to a local law or ordinance 17 imposing monetary liability on the owner of a vehicle for failure of an 18 operator thereof to comply with traffic-control indications through the 19 installation and operation of traffic-control signal photo violation- 20 monitoring systems, in accordance with article twenty-four of this chap- 21 ter, or (b) to adjudicate the liability of owners for violations of 22 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty 23 of this chapter imposed pursuant to a demonstration program imposing 24 monetary liability on the owner of a vehicle for failure of an operator 25 thereof to comply with such posted maximum speed limits through the 26 installation and operation of photo speed violation monitoring systems, 27 in accordance with article thirty of this chapter, or (c) to adjudicate 28 the liability of owners for violations of bus lane restrictions as 29 defined by article twenty-four of this chapter imposed pursuant to a bus 30 rapid transit program imposing monetary liability on the owner of a 31 vehicle for failure of an operator thereof to comply with such bus lane 32 restrictions through the installation and operation of bus lane photo 33 devices, in accordance with article twenty-four of this chapter, or (d) 34 to adjudicate the liability of owners for violations of toll collection 35 regulations imposed by certain public authorities pursuant to the law 36 authorizing such public authorities to impose monetary liability on the 37 owner of a vehicle for failure of an operator thereof to comply with 38 toll collection regulations of such public authorities through the 39 installation and operation of photo-monitoring systems, in accordance 40 with the provisions of section two thousand nine hundred eighty-five of 41 the public authorities law and sections sixteen-a, sixteen-b and 42 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen 43 hundred fifty, or (e) to adjudicate the liability of owners for 44 violations of section eleven hundred seventy-four of this chapter when 45 meeting a school bus marked and equipped as provided in subdivisions 46 twenty and twenty-one-c of section three hundred seventy-five of this 47 chapter imposed pursuant to a local law or ordinance imposing monetary 48 liability on the owner of a vehicle for failure of an operator thereof 49 to comply with school bus red visual signals through the installation 50 and operation of school bus photo violation monitoring systems, in 51 accordance with article twenty-nine of this chapter, or (f) to adjudi- 52 cate the liability of owners for violations of section three hundred 53 eighty-five of this chapter and the rules of the applicable covered 54 agency or covered authority as such terms are defined in article ten of 55 this chapter in relation to gross vehicle weight and/or axle weight 56 violations imposed pursuant to a weigh in motion demonstration program
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1 imposing monetary liability on the owner of a vehicle for failure of an 2 operator thereof to comply with such gross vehicle weight and/or axle 3 weight restrictions through the installation and operation of weigh in 4 motion violation monitoring systems, in accordance with article ten of 5 this chapter, or (g) to adjudicate the liability of owners for 6 violations of subdivision (b), (d), (f) or (g) of section eleven hundred 7 eighty of this chapter imposed pursuant to a demonstration program 8 imposing monetary liability on the owner of a vehicle for failure of an 9 operator thereof to comply with such posted maximum speed limits within 10 a highway construction or maintenance work area through the installation 11 and operation of photo speed violation monitoring systems, in accordance 12 with article thirty of this chapter, or (h) to adjudicate the liability 13 of owners for violations of bus operation-related traffic regulations as 14 defined by article twenty-four of this chapter imposed pursuant to a 15 demonstration program imposing monetary liability on the owner of a 16 vehicle for failure of an operator thereof to comply with such bus oper- 17 ation-related traffic regulations through the installation and operation 18 of bus operation-related photo devices, in accordance with article twen- 19 ty-four of this chapter , or (i) to adjudicate the liability of owners 20 for violations of section eleven hundred seventy-five of this chapter 21 imposed pursuant to a local law or ordinance imposing monetary 22 liability on the owner of a vehicle for failure of an operator thereof 23 to comply with stopping requirements at intersections through the 24 installation and operation of intersection monitoring systems, in 25 accordance with article twenty-nine of this chapter . Such tribunal, 26 except in a city with a population of one million or more, shall also 27 have jurisdiction of abandoned vehicle violations. For the purposes of 28 this article, a parking violation is the violation of any law, rule or 29 regulation providing for or regulating the parking, stopping or standing 30 of a vehicle. In addition for purposes of this article, "commissioner" 31 shall mean and include the commissioner of traffic of the city or an 32 official possessing authority as such a commissioner. 33 § 4. Paragraph f of subdivision 1 of section 239 of the vehicle and 34 traffic law, as amended by section 3 of part N of chapter 58 of the laws 35 of 2025, is amended to read as follows: 36 f. "Notice of violation" means a notice of violation as defined in 37 subdivision nine of section two hundred thirty-seven of this article, 38 but shall not be deemed to include a notice of liability issued pursuant 39 to authorization set forth in articles ten, twenty-four, twenty-nine and 40 thirty of this chapter, section two thousand nine hundred eighty-five of 41 the public authorities law and sections sixteen-a, sixteen-b and 42 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen 43 hundred fifty to impose monetary liability on the owner of a vehicle for 44 failure of an operator thereof: to comply with traffic-control indi- 45 cations in violation of subdivision (d) of section eleven hundred eleven 46 of this chapter through the installation and operation of traffic-con- 47 trol signal photo violation-monitoring systems, in accordance with arti- 48 cle twenty-four of this chapter; or to comply with certain posted maxi- 49 mum speed limits in violation of subdivision (b), (c), (d), (f) or (g) 50 of section eleven hundred eighty of this chapter through the installa- 51 tion and operation of photo speed violation monitoring systems, in 52 accordance with article thirty of this chapter; or to comply with bus 53 lane restrictions as defined by article twenty-four of this chapter 54 through the installation and operation of bus lane photo devices, in 55 accordance with article twenty-four of this chapter; or to comply with 56 toll collection regulations of certain public authorities through the
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1 installation and operation of photo-monitoring systems, in accordance 2 with the provisions of section two thousand nine hundred eighty-five of 3 the public authorities law and sections sixteen-a, sixteen-b and 4 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen 5 hundred fifty; or to stop for a school bus displaying a red visual 6 signal in violation of section eleven hundred seventy-four of this chap- 7 ter through the installation and operation of school bus photo violation 8 monitoring systems, in accordance with article twenty-nine of this chap- 9 ter; or to comply with certain posted maximum speed limits in violation 10 of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of 11 this chapter within a highway construction or maintenance work area 12 through the installation and operation of photo speed violation monitor- 13 ing systems, in accordance with article thirty of this chapter; or to 14 comply with gross vehicle weight and/or axle weight restrictions in 15 violation of section three hundred eighty-five of this chapter and the 16 rules of the applicable covered agency or covered authority as such 17 terms are defined in article ten of this chapter through the installa- 18 tion and operation of weigh in motion violation monitoring systems, in 19 accordance with article ten of this chapter; or to comply with bus oper- 20 ation-related traffic regulations as defined by article twenty-four of 21 this chapter in violation of the rules of the department of transporta- 22 tion of the city of New York through the installation and operation of 23 bus operation-related photo devices, in accordance with article twenty- 24 four of this chapter ; or to comply with stopping requirements at inter- 25 sections as defined in section eleven hundred seventy-five of this chap- 26 ter through the installation and operation of intersection monitoring 27 systems, in accordance with article twenty-nine of this chapter . 28 § 5. Subdivisions 1, 1-a and the opening paragraph of paragraph (a) of 29 subdivision 1-b of section 240 of the vehicle and traffic law, subdivi- 30 sions 1 and 1-a as amended by section 4 of part N of chapter 58 of the 31 laws of 2025, and the opening paragraph of paragraph (a) of subdivision 32 1-b as amended by section 5 of part MM of chapter 56 of the laws of 33 2023, are amended to read as follows: 34 1. Notice of hearing. Whenever a person charged with a parking 35 violation enters a plea of not guilty; or a person alleged to be liable 36 in accordance with any provisions of law specifically authorizing the 37 imposition of monetary liability on the owner of a vehicle for failure 38 of an operator thereof: to comply with traffic-control indications in 39 violation of subdivision (d) of section eleven hundred eleven of this 40 chapter through the installation and operation of traffic-control signal 41 photo violation-monitoring systems, in accordance with article twenty- 42 four of this chapter; or to comply with certain posted maximum speed 43 limits in violation of subdivision (b), (c), (d), (f) or (g) of section 44 eleven hundred eighty of this chapter through the installation and oper- 45 ation of photo speed violation monitoring systems, in accordance with 46 article thirty of this chapter; or to comply with bus lane restrictions 47 as defined by article twenty-four of this chapter through the installa- 48 tion and operation of bus lane photo devices, in accordance with article 49 twenty-four of this chapter; or to comply with toll collection regu- 50 lations of certain public authorities through the installation and oper- 51 ation of photo-monitoring systems, in accordance with the provisions of 52 section two thousand nine hundred eighty-five of the public authorities 53 law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven 54 hundred seventy-four of the laws of nineteen hundred fifty; or to stop 55 for a school bus displaying a red visual signal in violation of section 56 eleven hundred seventy-four of this chapter through the installation and
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1 operation of school bus photo violation monitoring systems, in accord- 2 ance with article twenty-nine of this chapter; or to comply with certain 3 posted maximum speed limits in violation of subdivision (b), (d), (f) or 4 (g) of section eleven hundred eighty of this chapter within a highway 5 construction or maintenance work area through the installation and oper- 6 ation of photo speed violation monitoring systems, in accordance with 7 article thirty of this chapter; or to comply with gross vehicle weight 8 and/or axle weight restrictions in violation of section three hundred 9 eighty-five of this chapter and the rules of the applicable covered 10 agency or covered authority as such terms are defined in article ten of 11 this chapter through the installation and operation of weigh in motion 12 violation monitoring systems, in accordance with article ten of this 13 chapter; or to comply with bus operation-related traffic regulations as 14 defined by article twenty-four of this chapter in violation of the rules 15 of the department of transportation of the city of New York through the 16 installation and operation of bus operation-related photo devices, in 17 accordance with article twenty-four of this chapter ; or to comply with 18 stopping requirements at intersections as defined in section eleven 19 hundred seventy-five of this chapter through the installation and opera- 20 tion of intersection monitoring systems, in accordance with article 21 twenty-nine of this chapter , contests such allegation, the bureau shall 22 advise such person personally by such form of first class mail as the 23 director may direct of the date on which such person must appear to 24 answer the charge at a hearing. The form and content of such notice of 25 hearing shall be prescribed by the director, and shall contain a warning 26 to advise the person so pleading or contesting that failure to appear on 27 the date designated, or on any subsequent adjourned date, shall be 28 deemed an admission of liability, and that a default judgment may be 29 entered thereon. 30 1-a. Fines and penalties. Whenever a plea of not guilty has been 31 entered, or the bureau has been notified that an allegation of liability 32 in accordance with provisions of law specifically authorizing the impo- 33 sition of monetary liability on the owner of a vehicle for failure of an 34 operator thereof: to comply with traffic-control indications in 35 violation of subdivision (d) of section eleven hundred eleven of this 36 chapter through the installation and operation of traffic-control signal 37 photo violation-monitoring systems, in accordance with article twenty- 38 four of this chapter; or to comply with certain posted maximum speed 39 limits in violation of subdivision (b), (c), (d), (f) or (g) of section 40 eleven hundred eighty of this chapter through the installation and oper- 41 ation of photo speed violation monitoring systems, in accordance with 42 article thirty of this chapter; or to comply with bus lane restrictions 43 as defined by article twenty-four of this chapter through the installa- 44 tion and operation of bus lane photo devices, in accordance with article 45 twenty-four of this chapter; or to comply with toll collection regu- 46 lations of certain public authorities through the installation and oper- 47 ation of photo-monitoring systems, in accordance with the provisions of 48 section two thousand nine hundred eighty-five of the public authorities 49 law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven 50 hundred seventy-four of the laws of nineteen hundred fifty; or to stop 51 for a school bus displaying a red visual signal in violation of section 52 eleven hundred seventy-four of this chapter through the installation and 53 operation of school bus photo violation monitoring systems, in accord- 54 ance with article twenty-nine of this chapter; or to comply with certain 55 posted maximum speed limits in violation of subdivision (b), (d), (f) or 56 (g) of section eleven hundred eighty of this chapter within a highway
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1 construction or maintenance work area through the installation and oper- 2 ation of photo speed violation monitoring systems, in accordance with 3 article thirty of this chapter; or to comply with gross vehicle weight 4 and/or axle weight restrictions in violation of section three hundred 5 eighty-five of this chapter and the rules of the applicable covered 6 agency or covered authority as such terms are defined in article ten of 7 this chapter through the installation and operation of weigh in motion 8 violation monitoring systems, in accordance with article ten of this 9 chapter; or to comply with bus operation-related traffic regulations as 10 defined by article twenty-four of this chapter in violation of the rules 11 of the department of transportation of the city of New York through the 12 installation and operation of bus operation-related photo devices, in 13 accordance with article twenty-four of this chapter , or to comply with 14 stopping requirements at intersections as defined in section eleven 15 hundred seventy-five of this chapter through the installation and opera- 16 tion of intersection monitoring systems, in accordance with article 17 twenty-nine of this chapter , is being contested, by a person in a timely 18 fashion and a hearing upon the merits has been demanded, but has not yet 19 been held, the bureau shall not issue any notice of fine or penalty to 20 that person prior to the date of the hearing. 21 In a city having a population of one million or more, at every hearing 22 for the adjudication of a notice of liability, as provided by this arti- 23 cle, there shall be a rebuttable presumption that the owner of a first- 24 response emergency vehicle alleged to be liable in accordance with any 25 provisions of law specifically authorizing the imposition of monetary 26 liability on the owner of a vehicle for failure of an operator thereof: 27 to comply with traffic-control indications in violation of subdivision 28 (d) of section eleven hundred eleven of this chapter through the instal- 29 lation and operation of traffic-control signal photo violation-monitor- 30 ing systems, in accordance with article twenty-four of this chapter; or 31 to comply with certain posted maximum speed limits in violation of 32 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty 33 of this chapter through the installation and operation of photo speed 34 violation monitoring systems, in accordance with article thirty of this 35 chapter; or to comply with bus lane restrictions as defined by article 36 twenty-four of this chapter through the installation and operation of 37 bus lane photo devices, in accordance with article twenty-four of this 38 chapter; or to comply with bus operation-related traffic regulations as 39 defined by article twenty-four of this chapter in violation of the rules 40 of the department of transportation of the city of New York through the 41 installation and operation of bus operation-related photo devices, in 42 accordance with article twenty-four of this chapter ; or to comply with 43 stopping requirements at intersections as defined in section eleven 44 hundred seventy-five of this chapter through the installation and opera- 45 tion of intersection monitoring systems, in accordance with article 46 twenty-nine of this chapter is not liable for such alleged violation if 47 such owner of the first-response emergency vehicle provides the hearing 48 officer with: 49 § 6. Paragraphs a and g of subdivision 2 of section 240 of the vehicle 50 and traffic law, as amended by section 5 of part N of chapter 58 of the 51 laws of 2025, are amended to read as follows: 52 a. Every hearing for the adjudication of a charge of parking violation 53 or an allegation of liability of an owner for a violation of subdivision 54 (d) of section eleven hundred eleven of this chapter imposed pursuant to 55 a local law or ordinance imposing monetary liability on the owner of a 56 vehicle for failure of an operator thereof to comply with traffic-con-
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1 trol indications through the installation and operation of traffic-con- 2 trol signal photo violation-monitoring systems, in accordance with arti- 3 cle twenty-four of this chapter, or an allegation of liability of an 4 owner for a violation of subdivision (b), (c), (d), (f) or (g) of 5 section eleven hundred eighty of this chapter imposed pursuant to a 6 demonstration program imposing monetary liability on the owner of a 7 vehicle for failure of an operator thereof to comply with certain posted 8 maximum speed limits through the installation and operation of photo 9 speed violation monitoring systems, in accordance with article thirty of 10 this chapter, or an allegation of liability of an owner for a violation 11 of bus lane restrictions as defined by article twenty-four of this chap- 12 ter imposed pursuant to a bus rapid transit program imposing monetary 13 liability on the owner of a vehicle for failure of an operator thereof 14 to comply with such bus lane restrictions through the installation and 15 operation of bus lane photo devices, in accordance with article twenty- 16 four of this chapter, or an allegation of liability of an owner for a 17 violation of toll collection regulations imposed by certain public 18 authorities pursuant to the law authorizing such public authorities to 19 impose monetary liability on the owner of a vehicle for failure of an 20 operator thereof to comply with toll collection regulations of such 21 public authorities through the installation and operation of photo-moni- 22 toring systems, in accordance with the provisions of section two thou- 23 sand nine hundred eighty-five of the public authorities law and sections 24 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four 25 of the laws of nineteen hundred fifty, or an allegation of liability of 26 an owner for a violation of section eleven hundred seventy-four of this 27 chapter when meeting a school bus marked and equipped as provided in 28 subdivisions twenty and twenty-one-c of section three hundred seventy- 29 five of this chapter imposed pursuant to a local law or ordinance impos- 30 ing monetary liability on the owner of a vehicle for failure of an oper- 31 ator thereof to comply with school bus red visual signals through the 32 installation and operation of school bus photo violation monitoring 33 systems, in accordance with article twenty-nine of this chapter, or an 34 allegation of liability of an owner for a violation of subdivision (b), 35 (d), (f) or (g) of section eleven hundred eighty of this chapter imposed 36 pursuant to a demonstration program imposing monetary liability on the 37 owner of a vehicle for failure of an operator thereof to comply with 38 certain posted maximum speed limits within a highway construction or 39 maintenance work area through the installation and operation of photo 40 speed violation monitoring systems, in accordance with article thirty of 41 this chapter, or an allegation of liability of an owner for a violation 42 of section three hundred eighty-five of this chapter and the rules of 43 the applicable covered agency or covered authority as such terms are 44 defined in article ten of this chapter in relation to gross vehicle 45 weight and/or axle weight violations imposed pursuant to a weigh in 46 motion demonstration program imposing monetary liability on the owner of 47 a vehicle for failure of an operator thereof to comply with such gross 48 vehicle weight and/or axle weight restrictions through the installation 49 and operation of weigh in motion violation monitoring systems, in 50 accordance with article ten of this chapter, or an allegation of liabil- 51 ity of an owner for a violation of bus operation-related traffic regu- 52 lations as defined by article twenty-four of this chapter imposed pursu- 53 ant to a demonstration program imposing monetary liability on the owner 54 of a vehicle for failure of an operator thereof to comply with such bus 55 operation-related traffic regulations through the installation and oper- 56 ation of bus operation-related photo devices, in accordance with article
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1 twenty-four of this chapter, or an allegation of liability of an owner 2 for a violation of section eleven hundred seventy-five of this chapter 3 imposed pursuant to a program imposing monetary liability on the 4 owner of a vehicle for failure of an operator thereof to comply with 5 such stopping requirements at intersections through the installation 6 and operation of street intersection monitoring devices, in accordance 7 with article twenty-nine of this chapter, shall be held before a hear- 8 ing examiner in accordance with rules and regulations promulgated by the 9 bureau. 10 g. A record shall be made of a hearing on a plea of not guilty or of a 11 hearing at which liability in accordance with any provisions of law 12 specifically authorizing the imposition of monetary liability on the 13 owner of a vehicle for failure of an operator thereof: to comply with 14 traffic-control indications in violation of subdivision (d) of section 15 eleven hundred eleven of this chapter through the installation and oper- 16 ation of traffic-control signal photo violation-monitoring systems, in 17 accordance with article twenty-four of this chapter; to comply with 18 certain posted maximum speed limits in violation of subdivision (b), 19 (c), (d), (f) or (g) of section eleven hundred eighty of this chapter 20 through the installation and operation of photo speed violation monitor- 21 ing systems, in accordance with article thirty of this chapter; to 22 comply with bus lane restrictions as defined by article twenty-four of 23 this chapter through the installation and operation of bus lane photo 24 devices, in accordance with article twenty-four of this chapter; to 25 comply with toll collection regulations of certain public authorities 26 through the installation and operation of photo-monitoring systems, in 27 accordance with the provisions of section two thousand nine hundred 28 eighty-five of the public authorities law and sections sixteen-a, 29 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the 30 laws of nineteen hundred fifty; to stop for a school bus displaying a 31 red visual signal in violation of section eleven hundred seventy-four of 32 this chapter through the installation and operation of school bus photo 33 violation monitoring systems, in accordance with article twenty-nine of 34 this chapter; to comply with certain posted maximum speed limits in 35 violation of subdivision (b), (d), (f) or (g) of section eleven hundred 36 eighty of this chapter within a highway construction or maintenance work 37 area through the installation and operation of photo speed violation 38 monitoring systems, in accordance with article thirty of this chapter; 39 to comply with gross vehicle weight and/or axle weight restrictions in 40 violation of section three hundred eighty-five of this chapter and the 41 rules of the applicable covered agency or covered authority as such 42 terms are defined in article ten of this chapter through the installa- 43 tion and operation of weigh in motion violation monitoring systems, in 44 accordance with article ten of this chapter; or to comply with bus oper- 45 ation-related traffic regulations as defined by article twenty-four of 46 this chapter in violation of the rules of the department of transporta- 47 tion of the city of New York through the installation and operation of 48 bus operation-related photo devices, in accordance with article twenty- 49 four of this chapter ; or to comply with stopping requirements at inter- 50 sections as defined in section eleven hundred seventy-five of this chap- 51 ter through the installation and operation of intersection monitoring 52 systems, in accordance with article twenty-nine of this chapter , is 53 contested. Recording devices may be used for the making of the record. 54 § 7. Subdivisions 1 and 2 of section 241 of the vehicle and traffic 55 law, as amended by section 6 of part N of chapter 58 of the laws of 56 2025, are amended to read as follows:
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1 1. The hearing examiner shall make a determination on the charges, 2 either sustaining or dismissing them. Where the hearing examiner deter- 3 mines that the charges have been sustained such hearing examiner may 4 examine either the prior parking violations record or the record of 5 liabilities incurred in accordance with any provisions of law specif- 6 ically authorizing the imposition of monetary liability on the owner of 7 a vehicle for failure of an operator thereof: to comply with traffic- 8 control indications in violation of subdivision (d) of section eleven 9 hundred eleven of this chapter through the installation and operation of 10 traffic-control signal photo violation-monitoring systems, in accordance 11 with article twenty-four of this chapter; to comply with certain posted 12 maximum speed limits in violation of subdivision (b), (c), (d), (f) or 13 (g) of section eleven hundred eighty of this chapter through the instal- 14 lation and operation of photo speed violation monitoring systems, in 15 accordance with article thirty of this chapter; to comply with bus lane 16 restrictions as defined by article twenty-four of this chapter through 17 the installation and operation of bus lane photo devices, in accordance 18 with article twenty-four of this chapter; to comply with toll collection 19 regulations of certain public authorities through the installation and 20 operation of photo-monitoring systems, in accordance with the provisions 21 of section two thousand nine hundred eighty-five of the public authori- 22 ties law and sections sixteen-a, sixteen-b and sixteen-c of chapter 23 seven hundred seventy-four of the laws of nineteen hundred fifty; to 24 stop for a school bus displaying a red visual signal in violation of 25 section eleven hundred seventy-four of this chapter through the instal- 26 lation and operation of school bus photo violation monitoring systems, 27 in accordance with article twenty-nine of this chapter; to comply with 28 certain posted maximum speed limits in violation of subdivision (b), 29 (d), (f) or (g) of section eleven hundred eighty of this chapter within 30 a highway construction or maintenance work area through the installation 31 and operation of photo speed violation monitoring systems, in accordance 32 with article thirty of this chapter; to comply with gross vehicle weight 33 and/or axle weight restrictions in violation of section three hundred 34 eighty-five of this chapter and the rules of the applicable covered 35 agency or covered authority as such terms are defined in article ten of 36 this chapter through the installation and operation of weigh in motion 37 violation monitoring systems, in accordance with article ten of this 38 chapter; [ or ] to comply with bus operation-related traffic regulations 39 as defined by article twenty-four of this chapter in violation of the 40 rules of the department of transportation of the city of New York 41 through the installation and operation of bus operation-related photo 42 devices, in accordance with article twenty-four of this chapter ; or to 43 comply with stopping requirements at intersections as defined in section 44 eleven hundred seventy-five of this chapter through the installation and 45 operation of intersection monitoring systems, in accordance with article 46 twenty-nine of this chapter , of the person charged, as applicable prior 47 to rendering a final determination. Final determinations sustaining or 48 dismissing charges shall be entered on a final determination roll main- 49 tained by the bureau together with records showing payment and nonpay- 50 ment of penalties. 51 2. Where an operator or owner fails to enter a plea to a charge of a 52 parking violation or contest an allegation of liability in accordance 53 with any provisions of law specifically authorizing the imposition of 54 monetary liability on the owner of a vehicle for failure of an operator 55 thereof: to comply with traffic-control indications in violation of 56 subdivision (d) of section eleven hundred eleven of this chapter through
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1 the installation and operation of traffic-control signal photo viola- 2 tion-monitoring systems, in accordance with article twenty-four of this 3 chapter; to comply with certain posted maximum speed limits in violation 4 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred 5 eighty of this chapter through the installation and operation of photo 6 speed violation monitoring systems, in accordance with article thirty of 7 this chapter; to comply with bus lane restrictions as defined by article 8 twenty-four of this chapter through the installation and operation of 9 bus lane photo devices, in accordance with article twenty-four of this 10 chapter; to comply with toll collection regulations of certain public 11 authorities through the installation and operation of photo-monitoring 12 systems, in accordance with the provisions of section two thousand nine 13 hundred eighty-five of the public authorities law and sections 14 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four 15 of the laws of nineteen hundred fifty; to stop for a school bus display- 16 ing a red visual signal in violation of section eleven hundred seventy- 17 four of this chapter through the installation and operation of school 18 bus photo violation monitoring systems, in accordance with article twen- 19 ty-nine of this chapter; to comply with certain posted maximum speed 20 limits in violation of subdivision (b), (d), (f) or (g) of section elev- 21 en hundred eighty of this chapter within a highway construction or main- 22 tenance work area through the installation and operation of photo speed 23 violation monitoring systems, in accordance with article thirty of this 24 chapter; to comply with gross vehicle weight and/or axle weight 25 restrictions in violation of section three hundred eighty-five of this 26 chapter and the rules of the applicable covered agency or covered 27 authority as such terms are defined in article ten of this chapter 28 through the installation and operation of weigh in motion violation 29 monitoring systems, in accordance with article ten of this chapter; [ or ] 30 to comply with bus operation-related traffic regulations as defined by 31 article twenty-four of this chapter in violation of the rules of the 32 department of transportation of the city of New York through the instal- 33 lation and operation of bus operation-related photo devices, in accord- 34 ance with article twenty-four of this chapter ; or to comply with stop- 35 ping requirements at intersections as defined in section eleven hundred 36 seventy-five of this chapter through the installation and operation of 37 intersection monitoring systems, in accordance with article twenty-nine 38 of this chapter , or fails to appear on a designated hearing date or 39 subsequent adjourned date or fails after a hearing to comply with the 40 determination of a hearing examiner, as prescribed by this article or by 41 rule or regulation of the bureau, such failure to plead or contest, 42 appear or comply shall be deemed, for all purposes, an admission of 43 liability and shall be grounds for rendering and entering a default 44 judgment in an amount provided by the rules and regulations of the 45 bureau. However, after the expiration of the original date prescribed 46 for entering a plea and before a default judgment may be rendered, in 47 such case the bureau shall pursuant to the applicable provisions of law 48 notify such operator or owner, by such form of first class mail as the 49 commission may direct; (1) of the violation charged, or liability 50 alleged in accordance with any provisions of law specifically authoriz- 51 ing the imposition of monetary liability on the owner of a vehicle for 52 failure of an operator thereof: to comply with traffic-control indi- 53 cations in violation of subdivision (d) of section eleven hundred eleven 54 of this chapter through the installation and operation of traffic-con- 55 trol signal photo violation-monitoring systems, in accordance with arti- 56 cle twenty-four of this chapter; to comply with certain posted maximum
S. 10322 15
1 speed limits in violation of subdivision (b), (c), (d), (f) or (g) of 2 section eleven hundred eighty of this chapter through the installation 3 and operation of photo speed violation monitoring systems, in accordance 4 with article thirty of this chapter; to comply with bus lane 5 restrictions as defined by article twenty-four of this chapter through 6 the installation and operation of bus lane photo devices, in accordance 7 with article twenty-four of this chapter; to comply with toll collection 8 regulations of certain public authorities through the installation and 9 operation of photo-monitoring systems, in accordance with the provisions 10 of section two thousand nine hundred eighty-five of the public authori- 11 ties law and sections sixteen-a, sixteen-b and sixteen-c of chapter 12 seven hundred seventy-four of the laws of nineteen hundred fifty; to 13 stop for a school bus displaying a red visual signal in violation of 14 section eleven hundred seventy-four of this chapter through the instal- 15 lation and operation of school bus photo violation monitoring systems, 16 in accordance with article twenty-nine of this chapter; to comply with 17 certain posted maximum speed limits in violation of subdivision (b), 18 (d), (f) or (g) of section eleven hundred eighty of this chapter within 19 a highway construction or maintenance work area through the installation 20 and operation of photo speed violation monitoring systems, in accordance 21 with article thirty of this chapter; to comply with gross vehicle weight 22 and/or axle weight restrictions in violation of section three hundred 23 eighty-five of this chapter and the rules of the applicable covered 24 agency or covered authority as such terms are defined in article ten of 25 this chapter through the installation and operation of weigh in motion 26 violation monitoring systems, in accordance with article ten of this 27 chapter; [ or ] to comply with bus operation-related traffic regulations 28 as defined by article twenty-four of this chapter in violation of the 29 rules of the department of transportation of the city of New York 30 through the installation and operation of bus operation-related photo 31 devices, in accordance with article twenty-four of this chapter ; or to 32 comply with stopping requirements at intersections as defined in section 33 eleven hundred seventy-five of this chapter through the installation and 34 operation of intersection monitoring systems, in accordance with article 35 twenty-nine of this chapter , (2) of the impending default judgment, (3) 36 that such judgment will be entered in the Civil Court of the city in 37 which the bureau has been established, or other court of civil jurisdic- 38 tion or any other place provided for the entry of civil judgments within 39 the state of New York, and (4) that a default may be avoided by entering 40 a plea or contesting an allegation of liability in accordance with any 41 provisions of law specifically authorizing the imposition of monetary 42 liability on the owner of a vehicle for failure of an operator thereof: 43 to comply with traffic-control indications in violation of subdivision 44 (d) of section eleven hundred eleven of this chapter through the instal- 45 lation and operation of traffic-control signal photo violation-monitor- 46 ing systems, in accordance with article twenty-four of this chapter; to 47 comply with certain posted maximum speed limits in violation of subdivi- 48 sion (b), (c), (d), (f) or (g) of section eleven hundred eighty of this 49 chapter through the installation and operation of photo speed violation 50 monitoring systems, in accordance with article thirty of this chapter; 51 to comply with bus lane restrictions as defined by article twenty-four 52 of this chapter through the installation and operation of bus lane photo 53 devices, in accordance with article twenty-four of this chapter; to 54 comply with toll collection regulations of certain public authorities 55 through the installation and operation of photo-monitoring systems, in 56 accordance with the provisions of section two thousand nine hundred
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1 eighty-five of the public authorities law and sections sixteen-a, 2 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the 3 laws of nineteen hundred fifty; to stop for a school bus displaying a 4 red visual signal in violation of section eleven hundred seventy-four of 5 this chapter through the installation and operation of school bus photo 6 violation monitoring systems, in accordance with article twenty-nine of 7 this chapter; to comply with certain posted maximum speed limits in 8 violation of subdivision (b), (d), (f) or (g) of section eleven hundred 9 eighty of this chapter within a highway construction or maintenance work 10 area through the installation and operation of photo speed violation 11 monitoring systems, in accordance with article thirty of this chapter; 12 to comply with gross vehicle weight and/or axle weight restrictions in 13 violation of section three hundred eighty-five of this chapter and the 14 rules of the applicable covered agency or covered authority as such 15 terms are defined in article ten of this chapter through the installa- 16 tion and operation of weigh in motion violation monitoring systems, in 17 accordance with article ten of this chapter; [ or ] to comply with bus 18 operation-related traffic regulations as defined by article twenty-four 19 of this chapter in violation of the rules of the department of transpor- 20 tation of the city of New York through the installation and operation of 21 bus operation-related photo devices, in accordance with article twenty- 22 four of this chapter; or to comply with stopping requirements at inter- 23 sections as defined in section eleven hundred seventy-five of this chap- 24 ter through the installation and operation of intersection monitoring 25 systems, in accordance with article twenty-nine of this chapter; or 26 making an appearance within thirty days of the sending of such notice. 27 Pleas entered and allegations contested within that period shall be in 28 the manner prescribed in the notice and not subject to additional penal- 29 ty or fee. Such notice of impending default judgment shall not be 30 required prior to the rendering and entry thereof in the case of opera- 31 tors or owners who are non-residents of the state of New York. In no 32 case shall a default judgment be rendered or, where required, a notice 33 of impending default judgment be sent, more than two years after the 34 expiration of the time prescribed for entering a plea or contesting an 35 allegation. When a person has demanded a hearing, no fine or penalty 36 shall be imposed for any reason, prior to the holding of the hearing. If 37 the hearing examiner shall make a determination on the charges, sustain- 38 ing them, such hearing examiner shall impose no greater penalty or fine 39 than those upon which the person was originally charged. 40 § 8. Subparagraph (i) of paragraph a of subdivision 5-a of section 401 41 of the vehicle and traffic law, as amended by section 7 of part N of 42 chapter 58 of the laws of 2025, is amended to read as follows: 43 (i) If at the time of application for a registration or renewal there- 44 of there is a certification from a court, parking violations bureau, 45 traffic and parking violations agency or administrative tribunal of 46 appropriate jurisdiction that the registrant or their representative 47 failed to appear on the return date or any subsequent adjourned date or 48 failed to comply with the rules and regulations of an administrative 49 tribunal following entry of a final decision in response to a total of 50 three or more summonses or other process in the aggregate, issued within 51 an eighteen month period, charging either that: (i) such motor vehicle 52 was parked, stopped or standing, or that such motor vehicle was operated 53 for hire by the registrant or their agent without being licensed as a 54 motor vehicle for hire by the appropriate local authority, in violation 55 of any of the provisions of this chapter or of any law, ordinance, rule 56 or regulation made by a local authority; or (ii) the registrant was
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1 liable for a violation of subdivision (d) of section eleven hundred 2 eleven of this chapter imposed pursuant to a local law or ordinance 3 imposing monetary liability on the owner of a vehicle for failure of an 4 operator thereof to comply with traffic-control indications through the 5 installation and operation of traffic-control signal photo violation- 6 monitoring systems, in accordance with article twenty-four of this chap- 7 ter; or (iii) the registrant was liable for a violation of subdivision 8 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- 9 ter imposed pursuant to a demonstration program imposing monetary 10 liability on the owner of a vehicle for failure of an operator thereof 11 to comply with such posted maximum speed limits through the installation 12 and operation of photo speed violation monitoring systems, in accordance 13 with article thirty of this chapter; or (iv) the registrant was liable 14 for a violation of bus lane restrictions as defined by article twenty- 15 four of this chapter imposed pursuant to a bus rapid transit program 16 imposing monetary liability on the owner of a vehicle for failure of an 17 operator thereof to comply with such bus lane restrictions through the 18 installation and operation of bus lane photo devices, in accordance with 19 article twenty-four of this chapter; or (v) the registrant was liable 20 for a violation of section eleven hundred seventy-four of this chapter 21 when meeting a school bus marked and equipped as provided in subdivi- 22 sions twenty and twenty-one-c of section three hundred seventy-five of 23 this chapter imposed pursuant to a local law or ordinance imposing mone- 24 tary liability on the owner of a vehicle for failure of an operator 25 thereof to comply with school bus red visual signals through the instal- 26 lation and operation of school bus photo violation monitoring systems, 27 in accordance with article twenty-nine of this chapter; or (vi) the 28 registrant was liable for a violation of section three hundred eighty- 29 five of this chapter and the rules of the applicable covered agency or 30 covered authority as such terms are defined in article ten of this chap- 31 ter in relation to gross vehicle weight and/or axle weight violations 32 imposed pursuant to a weigh in motion demonstration program imposing 33 monetary liability on the owner of a vehicle for failure of an operator 34 thereof to comply with such gross vehicle weight and/or axle weight 35 restrictions through the installation and operation of weigh in motion 36 violation monitoring systems, in accordance with article ten of this 37 chapter; or (vii) the registrant was liable for a violation of subdivi- 38 sion (b), (d), (f) or (g) of section eleven hundred eighty of this chap- 39 ter imposed pursuant to a demonstration program imposing monetary 40 liability on the owner of a vehicle for failure of an operator thereof 41 to comply with such posted maximum speed limits within a highway 42 construction or maintenance work area through the installation and oper- 43 ation of photo speed violation monitoring systems, in accordance with 44 article thirty of this chapter[ , ] ; or (viii) the registrant was liable 45 for a violation of bus operation-related traffic regulations as defined 46 by article twenty-four of this chapter imposed pursuant to a demon- 47 stration program imposing monetary liability on the owner of a vehicle 48 for failure of an operator thereof to comply with such bus operation-re- 49 lated traffic regulations through the installation and operation of bus 50 operation-related photo devices, in accordance with article twenty-four 51 of this chapter[ , ] ; or (ix) the registrant was liable for a violation of 52 section eleven hundred seventy-five of this chapter imposed pursuant 53 to a program imposing monetary liability on the owner of a vehicle 54 for failure of an operator thereof to comply with such stopping 55 requirements at intersections through the installation and operation of 56 street intersection monitoring devices, in accordance with article
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1 twenty-nine of this chapter, the commissioner or their agent shall deny 2 the registration or renewal application until the applicant provides 3 proof from the court, traffic and parking violations agency or adminis- 4 trative tribunal wherein the charges are pending that an appearance or 5 answer has been made or in the case of an administrative tribunal that 6 such applicant has complied with the rules and regulations of said 7 tribunal following entry of a final decision. Where an application is 8 denied pursuant to this section, the commissioner may, in their 9 discretion, deny a registration or renewal application to any other 10 person for the same vehicle and may deny a registration or renewal 11 application for any other motor vehicle registered in the name of the 12 applicant where the commissioner has determined that such registrant's 13 intent has been to evade the purposes of this subdivision and where the 14 commissioner has reasonable grounds to believe that such registration or 15 renewal will have the effect of defeating the purposes of this subdivi- 16 sion. Such denial shall only remain in effect as long as the summonses 17 remain unanswered, or in the case of an administrative tribunal, the 18 registrant fails to comply with the rules and regulations following 19 entry of a final decision. 20 § 9. Subdivision 1-a of section 1809 of the vehicle and traffic law, 21 as amended by section 8 of part N of chapter 58 of the laws of 2025, is 22 amended to read as follows: 23 1-a. Notwithstanding the provisions of subdivision one of this 24 section, the provisions of subdivision one of this section shall not 25 apply to an adjudication of liability of owners: (a) for violations of 26 subdivision (d) of section eleven hundred eleven of this chapter imposed 27 pursuant to a local law or ordinance imposing monetary liability on the 28 owner of a vehicle for failure of an operator thereof to comply with 29 traffic-control indications through the installation and operation of 30 traffic-control signal photo violation-monitoring systems, in accordance 31 with article twenty-four of this chapter; or (b) for violations of 32 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty 33 of this chapter imposed pursuant to a demonstration program imposing 34 monetary liability on the owner of a vehicle for failure of an operator 35 thereof to comply with such posted maximum speed limits through the 36 installation and operation of photo speed violation monitoring systems, 37 in accordance with article thirty of this chapter; or (c) for violations 38 of bus lane restrictions as defined by article twenty-four of this chap- 39 ter imposed pursuant to a bus rapid transit program imposing monetary 40 liability on the owner of a vehicle for failure of an operator thereof 41 to comply with such bus lane restrictions through the installation and 42 operation of bus lane photo devices, in accordance with article twenty- 43 four of this chapter; or (d) for violations of toll collection regu- 44 lations imposed by certain public authorities pursuant to the law 45 authorizing such public authorities to impose monetary liability on the 46 owner of a vehicle for failure of an operator thereof to comply with 47 toll collection regulations of such public authorities through the 48 installation and operation of photo-monitoring systems, in accordance 49 with the provisions of section two thousand nine hundred eighty-five of 50 the public authorities law and sections sixteen-a, sixteen-b and 51 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen 52 hundred fifty; or (e) for violations of section eleven hundred seventy- 53 four of this chapter when meeting a school bus marked and equipped as 54 provided in subdivisions twenty and twenty-one-c of section three 55 hundred seventy-five of this chapter imposed pursuant to a local law or 56 ordinance imposing monetary liability on the owner of a vehicle for
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1 failure of an operator thereof to comply with school bus red visual 2 signals through the installation and operation of school bus photo 3 violation monitoring systems, in accordance with article twenty-nine of 4 this chapter; or (f) for violations of section three hundred eighty-five 5 of this chapter and the rules of the applicable covered agency or 6 covered authority as such terms are defined in article ten of this chap- 7 ter in relation to gross vehicle weight and/or axle weight violations 8 imposed pursuant to a weigh in motion demonstration program imposing 9 monetary liability on the owner of a vehicle for failure of an operator 10 thereof to comply with such gross vehicle weight and/or axle weight 11 restrictions through the installation and operation of weigh in motion 12 violation monitoring systems, in accordance with article ten of this 13 chapter; or (g) for violations of subdivision (b), (d), (f) or (g) of 14 section eleven hundred eighty of this chapter imposed pursuant to a 15 demonstration program imposing monetary liability on the owner of a 16 vehicle for failure of an operator thereof to comply with such posted 17 maximum speed limits within a highway construction or maintenance work 18 area through the installation and operation of photo speed violation 19 monitoring systems, in accordance with article thirty of this chapter; 20 or (h) for violations of bus operation-related traffic regulations as 21 defined by article twenty-four of this chapter imposed pursuant to a 22 demonstration program imposing monetary liability on the owner of a 23 vehicle for failure of an operator thereof to comply with such bus oper- 24 ation-related traffic regulations through the installation and operation 25 of bus operation-related photo devices, in accordance with article twen- 26 ty-four of this chapter ; or (i) for violations of section eleven hundred 27 seventy-five of this chapter imposed pursuant to a program imposing 28 monetary liability on the owner of a vehicle for failure of an operator 29 thereof to comply with such stopping requirements at intersections 30 through the installation and operation of street intersection monitoring 31 devices, in accordance with article twenty-nine of this chapter . 32 § 10. Paragraph a of subdivision 1 of section 1809-e of the vehicle 33 and traffic law, as amended by section 9 of part N of chapter 58 of the 34 laws of 2025, is amended to read as follows: 35 a. Notwithstanding any other provision of law, whenever proceedings in 36 a court or an administrative tribunal of this state result in a 37 conviction for an offense under this chapter, except a conviction pursu- 38 ant to section eleven hundred ninety-two of this chapter, or for a traf- 39 fic infraction under this chapter, or a local law, ordinance, rule or 40 regulation adopted pursuant to this chapter, except: (i) a traffic 41 infraction involving standing, stopping, or parking or violations by 42 pedestrians or bicyclists; and (ii) an adjudication of liability of an 43 owner for a violation of subdivision (d) of section eleven hundred elev- 44 en of this chapter imposed pursuant to a local law or ordinance imposing 45 monetary liability on the owner of a vehicle for failure of an operator 46 thereof to comply with traffic-control indications through the installa- 47 tion and operation of traffic-control signal photo violation-monitoring 48 systems, in accordance with article twenty-four of this chapter; and 49 (iii) an adjudication of liability of an owner for a violation of subdi- 50 vision (b), (c), (d), (f) or (g) of section eleven hundred eighty of 51 this chapter imposed pursuant to a demonstration program imposing mone- 52 tary liability on the owner of a vehicle for failure of an operator 53 thereof to comply with such posted maximum speed limits through the 54 installation and operation of photo speed violation monitoring systems, 55 in accordance with article thirty of this chapter; and (iv) an adjudi- 56 cation of liability of an owner for a violation of bus lane restrictions
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1 as defined by article twenty-four of this chapter imposed pursuant to a 2 bus rapid transit program imposing monetary liability on the owner of a 3 vehicle for failure of an operator thereof to comply with such bus lane 4 restrictions through the installation and operation of bus lane photo 5 devices, in accordance with article twenty-four of this chapter; and (v) 6 an adjudication of liability of an owner for a violation of toll 7 collection regulations imposed by certain public authorities pursuant to 8 the law authorizing such public authorities to impose monetary liability 9 on the owner of a vehicle for failure of an operator thereof to comply 10 with toll collection regulations of such public authorities through the 11 installation and operation of photo-monitoring systems, in accordance 12 with section two thousand nine hundred eighty-five of the public author- 13 ities law or sections sixteen-a, sixteen-b and sixteen-c of chapter 14 seven hundred seventy-four of the laws of nineteen hundred fifty; and 15 (vi) an adjudication of liability of an owner for a violation of section 16 eleven hundred seventy-four of this chapter when meeting a school bus 17 marked and equipped as provided in subdivisions twenty and twenty-one-c 18 of section three hundred seventy-five of this chapter imposed pursuant 19 to a local law or ordinance imposing monetary liability on the owner of 20 a vehicle for failure of an operator thereof to comply with school bus 21 red visual signals through the installation and operation of school bus 22 photo violation monitoring systems, in accordance with article twenty- 23 nine of this chapter; and (vii) an adjudication of liability of an owner 24 for a violation of section three hundred eighty-five of this chapter and 25 the rules of the applicable covered agency or covered authority as such 26 terms are defined in article ten of this chapter in relation to gross 27 vehicle weight and/or axle weight violations imposed pursuant to a weigh 28 in motion demonstration program imposing monetary liability on the owner 29 of a vehicle for failure of an operator thereof to comply with such 30 gross vehicle weight and/or axle weight restrictions through the instal- 31 lation and operation of weigh in motion violation monitoring systems, in 32 accordance with article ten of this chapter; and (viii) an adjudication 33 of liability of an owner for a violation of subdivision (b), (d), (f) or 34 (g) of section eleven hundred eighty of this chapter imposed pursuant to 35 a demonstration program imposing monetary liability on the owner of a 36 vehicle for failure of an operator thereof to comply with such posted 37 maximum speed limits within a highway construction or maintenance work 38 area through the installation and operation of photo speed violation 39 monitoring systems, in accordance with article thirty of this chapter; 40 and (ix) an adjudication of liability of an owner for a violation of bus 41 operation-related traffic regulations as defined by article twenty-four 42 of this chapter imposed pursuant to a demonstration program imposing 43 monetary liability on the owner of a vehicle for failure of an operator 44 thereof to comply with such bus operation-related traffic regulations 45 through the installation and operation of bus operation-related photo 46 devices, in accordance with article twenty-four of this chapter ; and (x) 47 an adjudication of liability of an owner for a violation of section 48 eleven hundred seventy-five of this chapter imposed pursuant to a 49 program imposing monetary liability on the owner of a vehicle for 50 failure of an operator thereof to comply with such stopping require- 51 ments at intersections through the installation and operation of street 52 intersection monitoring devices, in accordance with article twenty-nine 53 of this chapter , there shall be levied in addition to any sentence, 54 penalty or other surcharge required or permitted by law, an additional 55 surcharge of twenty-eight dollars.
S. 10322 21
1 § 11. Subdivision 2 of section 87 of the public officers law is 2 amended by adding a new paragraph (w) to read as follows: 3 (w) are photographs, microphotographs, videotape or other recorded 4 images prepared under authority of section eleven hundred seventy-five-a 5 of the vehicle and traffic law. 6 § 12. The purchase or lease of equipment for a demonstration program 7 established pursuant to section 1175-a of the vehicle and traffic law, 8 as added by section one of this act, shall be subject to the provisions 9 of section 103 of the general municipal law. 10 § 13. This act shall take effect on the one hundred eightieth day 11 after it shall have become a law; provided, however, that sections one, 12 eleven and twelve of this act shall expire July 1, 2032, when upon such 13 date the provisions of such sections shall be deemed repealed. Effec- 14 tive immediately, the addition, amendment and/or repeal of any rule or 15 regulation necessary for the implementation of section one of this act 16 on its effective date are authorized to be made and completed on or 17 before such effective date.
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