NY-VAT Vehicle & Traffic Law NY

Definition of words and phrases. The following words and

phrases when used in this chapter shall, for the purpose of this

chapter, have the meanings respectively ascribed to them in this article

except where another definition is specifically provided in any title,

article or section for application in such title, article or section:

Access highway. Any highway providing access between a

qualifying highway, as defined in section one hundred thirty-four-a of

this article, and terminals, facilities for food, fuel, repairs, and

rest and, in addition, for points of loading and unloading for household

goods carriers as such highways are designated by the commissioner of

transportation pursuant to section sixteen hundred twenty-seven of this

chapter.

Ambulance. Every motor vehicle designed, appropriately

equipped and used for the purpose of carrying sick or injured persons by

a person or entity registered or certified as an ambulance service by

the department of health.

Articulated bus. A two unit bus with a flexible coupling

connection between the units.

Agricultural equipment. Every agricultural tractor,

self-propelled implement of husbandry, and towed, mounted or

semi-mounted implement of husbandry. "Implement of husbandry" shall mean

a vehicle designed or adapted exclusively for agricultural,

horticultural or livestock raising operations or for lifting or carrying

an implement of husbandry.

Authorized emergency vehicle. Every ambulance, police vehicle

or bicycle, correction vehicle, fire vehicle, civil defense emergency

vehicle, emergency ambulance service vehicle, blood delivery vehicle,

human organ delivery vehicle, county emergency medical services vehicle,

environmental emergency response vehicle, sanitation patrol vehicle,

hazardous materials emergency vehicle and ordnance disposal vehicle of

the armed forces of the United States.

Automobile transporter. Any vehicle combination designed and

used specifically for the transport of assembled (capable of being

driven) motor vehicles.

Boat transporter. Any vehicle combination designed and used

specifically for the transport of boats.

B-train assembly. A rigid frame extension attached to the

rear frame of the first semitrailer, in a

tractor-semitrailer-semitrailer combination of vehicles, which allows

for a fifth wheel connection point for the second semitrailer.

Bicycle. Every two or three wheeled device upon which a person

or persons may ride, propelled by human power through a belt, a chain or

gears, with such wheels in a tandem or tricycle, except that it shall

not include such a device having solid tires and intended for use only

on a sidewalk by pre-teenage children.

Bicycle lane. A portion of the roadway which has been

designated by striping, signing and pavement markings for the

preferential or exclusive use of bicycles.

Bicycle path. A path physically separated from motorized

vehicle traffic by an open space or barrier and either within the

highway right-of-way or within an independent right-of-way and which is

intended for the use of bicycles.

Bicycle with electric assist. A bicycle which is no more than

thirty-six inches wide and has an electric motor of less than seven

hundred fifty watts, equipped with operable pedals, meeting the

equipment and manufacturing requirements for bicycles adopted by the

Consumer Product Safety Commission under 16 C.F.R. Part 1512.1 et seq.

and meeting the requirements of one of the following three classes:

(a) "Class one bicycle with electric assist." A bicycle with electric

assist having an electric motor that provides assistance only when the

person operating such bicycle is pedaling, and that ceases to provide

assistance when such bicycle reaches a speed of twenty miles per hour.

(b) "Class two bicycle with electric assist." A bicycle with electric

assist having an electric motor that may be used exclusively to propel

such bicycle, and that is not capable of providing assistance when such

bicycle reaches a speed of twenty miles per hour.

(c) "Class three bicycle with electric assist." Solely within a city

having a population of one million or more, a bicycle with electric

assist having an electric motor that may be used exclusively to propel

such bicycle, and that is not capable of providing assistance when such

bicycle reaches a speed of twenty-five miles per hour.

Bureau. The department of motor vehicles of this state acting

directly or through its duly authorized officers and agents.

Bus. Every motor vehicle having a seating capacity of fifteen

or more passengers in addition to the driver and used for the

transportation of persons.

Business district. The territory contiguous to and including a

highway when within any six hundred feet along such highway there are

buildings in use for business or industrial purposes, including but not

limited to hotels, banks, or office buildings, railroad stations, and

public buildings, which occupy at least three hundred feet of frontage

on one side or three hundred feet collectively on both sides of the

highway.

Car carrier. A truck that is designed to carry one to three

motor vehicles on a flat platform that slides or tilts to the ground to

facilitate loading and unloading of such motor vehicles and to tow an

additional motor vehicle behind it by the use of a wheel lift. For the

purposes of this chapter, whenever such car carrier tows or carries a

disabled, illegally parked or abandoned motor vehicle or a motor vehicle

involved in an accident, such car carrier shall be deemed to be a tow

truck and shall comply with all provisions of this chapter, and any

other law, ordinance, order, rule and regulation, applicable to tow

trucks.

Certificate of registration. Any document or other indicia of

registration, other than number plates or tags required to be affixed to

such number plates or to the vehicle itself, in a form and name

prescribed by the commissioner, which identifies the vehicle described

thereon and indicates that such vehicle is registered pursuant to the

provisions of this chapter.

Circulatory roadway. The roadway within a circular intersection

on which traffic travels in a counterclockwise direction around a

central island.

Civil defense emergency vehicle. Every communications vehicle

and rescue vehicle owned by the state, a county, town, city or village

and operated for civil defense purposes and equipped and marked as a

civil defense emergency communications or rescue vehicle in compliance

with the rules and regulations of the state civil defense commission.

Classes of cities. (a) City of the first class. A city with a

population of one hundred seventy-five thousand or more.

(b) City of the second class. A city with a population of fifty

thousand and less than one hundred seventy-five thousand.

(c) City of the third class. Any city not included in the foregoing

classes.

(d) The classification herein made shall be determined by the federal

census or state enumeration, whichever is the later, as last previously

taken before the effective date of this chapter.

Commercial towing. The moving or removing of disabled,

illegally parked, or abandoned motor vehicles or motor vehicles involved

in accidents, by another motor vehicle, for which there is direct or

indirect compensation. Commercial towing shall also include towing by a

person, firm, corporation, or other entity pursuant to a contract or

other agreement with a political subdivision.

Commissioner. The commissioner of motor vehicles of this

state.

Controlled-access highway. Every highway, street, or roadway

in respect to which owners or occupants of abutting lands and other

persons have no legal right of access to or from the same except at such

points only and in such manner as may be determined by the public

authority having jurisdiction over such highway, street, or roadway.

Correction vehicle. Every vehicle operated in the city of New

York by the New York city department of correction or the New York state

department of corrections and community supervision while engaged in an

emergency operation.

County emergency medical services vehicle. Every vehicle

operated by a county emergency medical services coordinator or deputy

county emergency medical services coordinator appointed pursuant to the

provisions of section two hundred twenty-three-b of the county law, when

operated in an official capacity while engaged in an emergency

operation.

Conviction. Any conviction as defined in subdivision thirteen

of section 1.20 of the criminal procedure law; provided, however, where

a conviction or administrative finding in this state or another state

results in a mandatory sanction against a commercial driver's license,

as set forth in sections five hundred ten, five hundred ten-a, eleven

hundred ninety-two and eleven hundred ninety-four of this chapter,

conviction shall also mean an unvacated adjudication of guilt, or a

determination that a person has violated or failed to comply with the

law in a court of original jurisdiction or by an authorized

administrative tribunal, an unvacated forfeiture of bail or collateral

deposited to secure the person's appearance in court, a plea of guilty

or nolo contendere accepted by the court, the payment of a fine or court

cost, or violation of a condition of release without bail, regardless of

whether or not the penalty is rebated, suspended, or probated.

Crosswalk. (a) That part of a roadway at an intersection

included within the connections of the lateral lines of the sidewalks on

opposite sides of the highway between the curbs or, in the absence of

curbs, between the edges of the traversable roadway.

(b) Any portion of a roadway at an intersection or elsewhere

distinctly indicated for pedestrian crossing by lines or other markings

on the surface.

Curb. A vertical or sloping member along the edge of a roadway

clearly defining the pavement edge.

Department. The department of motor vehicles of this state

acting directly or through its duly authorized officers and agents.

Department of transportation. The department of

transportation of this state acting directly or through its duly

authorized officers and agents.

Driver. Every person who operates or drives or is in actual

physical control of a vehicle. Whenever the terms "chauffeur" or

"operator" or "chauffeur's license" or "operator's license" are used in

this chapter, such terms shall be deemed to mean driver and driver's

license respectively.

Driveway. Every entrance or exit used by vehicular traffic to

or from lands or buildings abutting a highway.

Drug. The term "drug" when used in this chapter, means and

includes any substance listed in section thirty-three hundred six of the

public health law and cannabis and concentrated cannabis as defined in

section 222.00 of the penal law.

Emergency operation. The operation, or parking, of an

authorized emergency vehicle, when such vehicle is engaged in

transporting a sick or injured person, transporting prisoners,

delivering blood or blood products in a situation involving an imminent

health risk, transporting human organs and/or medical personnel for the

purpose of organ recovery or transplantation in a situation involving an

imminent health risk where undue delay would jeopardize such recovery or

transplantation, pursuing an actual or suspected violator of the law, or

responding to, or working or assisting at the scene of an accident,

disaster, police call, alarm of fire, actual or potential release of

hazardous materials or other emergency. Emergency operation shall not

include returning from such service.

Escort vehicle. A motor vehicle which operates under its own

power and which precedes or follows a vehicle or combination of vehicles

that has been issued a special hauling permit by the department of

transportation, a municipality or public authority pursuant to section

three hundred eighty-five of this chapter.

Electric personal assistive mobility device. Every

self-balancing, two non-tandem wheeled device designed to transport one

person by means of an electric propulsion system with an average output

of not more than seven hundred fifty watts (one horsepower), and the

maximum speed of which on a paved level surface, when propelled solely

by its electric propulsion system while ridden by an operator weighing

one hundred seventy pounds, is less than twelve and one-half miles per

hour.

Electric scooter. Every device weighing less than one hundred

pounds that (a) has handlebars, a floorboard or a seat that can be stood

or sat upon by the operator, and an electric motor, (b) can be powered

by the electric motor and/or human power, and (c) has a maximum speed of

no more than twenty miles per hour on a paved level surface when powered

solely by the electric motor.

Explosives. Any chemical compound or mechanical mixture that

is commonly used or intended for the purpose of producing an explosion

and which contains any oxidizing and combustive units or other

ingredients in such proportions, quantities, or packing that an ignition

by fire, by friction, by concussion, by percussion, or by detonator of

any part of the compound or mixture may cause such a sudden generation

of highly heated gases that the resultant gaseous pressures are capable

of producing destructive effects on contiguous objects or of destroying

life or limb.

Fire vehicle. Every vehicle operated for fire service

purposes owned and identified as being owned by the state, a public

authority, a county, town, city, village or fire district, or a fire

corporation subject to the provisions of subdivision (e) of section

fourteen hundred two of the not-for-profit corporation law or a fire

company as defined in section one hundred of the general municipal law.

Any of the following vehicles shall be fire vehicles only for the

purpose of section one hundred one of this chapter: 1. a vehicle

operated by officials of the office of fire prevention and control,

2. a vehicle ordinarily operated by a chief or assistant chief of a

fire department, or a county or deputy county fire coordinator, or

county or assistant county fire marshall, or town or assistant town fire

coordinator, or such vehicle when operated in an official capacity by or

under the direction of such person, and

3. a vehicle specially designed and equipped for firefighting purposes

which is regularly used for firefighting purposes by a firefighting unit

on property used for industrial, institutional or commercial purposes

and which vehicle is owned by the owner or lessee of such property.

Flagperson. The term "flagperson," when used in this chapter

means and includes:

1. Any person employed by or on behalf of the state, a county, city,

town or village, a public authority, a local authority, or a public

utility company, or the agent or contractor of any such entity, who has

been assigned to control or direct traffic on public highways in

connection with any construction, survey, and/or maintenance work being

performed.

2. Any person employed by or on behalf of a railroad corporation who

has been assigned to control or direct traffic at a railroad grade

crossing.

3. Any person holding a certificate issued by the commissioner, which

authorizes such person to operate an escort vehicle, and who has been

assigned to control, warn, or direct traffic in connection with the

movement of an escort vehicle on a public highway.

Emergency ambulance service vehicle. An emergency ambulance

service vehicle shall be defined as an appropriately equipped motor

vehicle owned or operated by an ambulance service as defined in section

three thousand one of the public health law and used for the purpose of

transporting emergency medical personnel and equipment to sick or

injured persons.

Environmental emergency response vehicle. Every designated

vehicle operated by an agency of the state or a political subdivision

thereof, charged with the responsibility for environmental protection,

while engaged in a response to a report of an emergency resulting from

an actual or potential release, spill or leak of, or other exposure to,

hazardous substances.

Flammable liquid. Any liquid which has a flash point of eighty

degrees Fahrenheit, or less, as determined by a tagliabue or equivalent

open-cup test device.

Gross weight. The weight of a vehicle without load plus the

weight of any load thereon.

Hazard vehicle. Every vehicle owned and operated or leased by

a utility, whether public or private, used in the construction,

maintenance and repair of its facilities, every vehicle specially

equipped or designed for the towing or pushing of disabled vehicles,

every vehicle engaged in highway maintenance, or in ice and snow removal

where such operation involves the use of a public highway, vehicles

driven by rural letter carriers while in the performance of their

official duties, and every sani-van and waste collection vehicle while

engaged in the collection of refuse and/or recyclable materials on a

public highway.

Hazardous operation. The operation, or parking, of a vehicle

on or immediately adjacent to a public highway while such vehicle is

actually engaged in an operation which would restrict, impede or

interfere with the normal flow of traffic.

Hazardous materials emergency vehicle. Every designated

vehicle operated by a hazardous materials emergency response team

created pursuant to section two hundred nine-y of the general municipal

law specifically equipped for and used in response to reports of

emergencies resulting from actual or potential releases, spills or leaks

of, or other exposure to hazardous substances.

Blood delivery vehicle. Every vehicle owned, designated and

operated by the not-for-profit corporation incorporated under the name

New York blood center specifically equipped for and used in response to

reports of the need for transportation of blood or blood products to

general hospitals or other health care facilities. No blood delivery

vehicle shall be operated as an authorized emergency vehicle engaged in

an emergency operation unless the driver of such vehicle has undergone

appropriate training for the operation of authorized emergency vehicles

during emergency operations.

Human organ delivery vehicle. 1. Any vehicle which is owned

and operated by a certified organ procurement organization for the sole

purpose of transporting human organs and/or medical personnel for the

purpose of organ recovery or transplantation while engaged in an

emergency operation. For the purpose of this chapter, the term "organ

procurement organization" shall mean an organ procurement organization

as defined in subdivision five of section forty-three hundred sixty of

the public health law which is certified as a qualified organ

procurement organization by the federal centers for medicare and

medicaid services pursuant to section 273(b) of title 42 of the United

States code and section 486.303 of title 42 of the code of federal

regulations.

2. No human organ delivery vehicle shall be operated as an authorized

emergency vehicle unless: (a) the certified organ procurement

organization which owns and operates such vehicle is in compliance with

article forty-three-B of the public health law and rules and regulations

promulgated thereunder; (b) such vehicle is used solely for the purpose

of transporting human organs and/or medical personnel for the purpose of

organ recovery or transplantation while engaged in an emergency

operation; (c) such vehicle is designated and clearly identified as a

human organ delivery vehicle, and, prior to its operation as a human

organ delivery vehicle the certified organ procurement organization

which owns and operates such vehicle has received written authorization

from the commissioner of health for the operation of such vehicle as a

human organ delivery vehicle; (d) such vehicle is operated in compliance

with this chapter and with regulations promulgated pursuant thereto

including subdivision three of this section; and (e) the driver of such

vehicle has undergone training for the operation of authorized emergency

vehicles during emergency operations as approved pursuant to subdivision

three of this section, and a defensive driving course. The commissioner

of health may revoke or suspend a written authorization issued pursuant

to paragraph (c) of this subdivision on proof that a certified organ

procurement organization has failed to comply with the provisions of

this section or any rules and regulations promulgated pursuant thereto.

Provided, however, that any such revocations or suspensions shall be

subject to the same requirements for revocations, suspensions, hearings,

notice and review as set forth in subdivision two of section forty-three

hundred sixty-six of the public health law.

3. The commissioner of health, in consultation with the commissioner,

shall promulgate regulations to establish standards for the operation of

human organ delivery vehicles as authorized emergency vehicles pursuant

to this chapter. Such regulations shall, at a minimum: (a) establish

standards for the issuance of written authorization for the operation of

such vehicles; (b) establish standards for human organ delivery vehicle

operations, vehicles and equipment including compliance with this

chapter, and the training of human organ delivery vehicle drivers for

the safe operation of such vehicles during an emergency operation; (c)

require certified organ procurement organizations to establish and

enforce written policies concerning minimum qualifications and physical

requirements for human organ delivery vehicle drivers and for the

equipping and maintenance of such vehicles; and (d) include such other

standards or requirements as the commissioner of health and the

commissioner deem necessary for the safety and well being of the people

of the state.

Highway. The entire width between the boundary lines of every

way publicly maintained when any part thereof is open to the use of the

public for purposes of vehicular travel.

House coach. Any vehicle motivated by a power connected

therewith or propelled by a power within itself, which is or can be used

as the home or living abode or habitation of one or more persons, either

temporarily or permanently. In the application of this chapter to house

coaches, a house coach propelled by a power within itself shall be

deemed a motor vehicle, a house coach motivated by a power connected

therewith shall be deemed a trailer, and all house coaches shall be

deemed vehicles.

* § 119-a. Ignition interlock device. Any blood alcohol concentration

equivalence measuring device which connects to a motor vehicle ignition

system and prevents a motor vehicle from being started without first

determining through a deep lung breath sample that the operator's

equivalent breath alcohol level does not exceed the calibrated setting

on the device as required by section eleven hundred ninety-eight of this

chapter.

* NB Repealed September 1, 2027

Inflatable restraint system. 1. An inflatable restraint

system means an air bag, as defined in subparagraph (b) of S 4.1.5.1 of

standard 208 of part 571 of title 49 of the code of federal regulations,

that is designed and installed to be activated in a crash.

2. Readiness indicator light means an indicator monitoring the

inflatable restraint system's readiness and such light is clearly

visible from the driver's designated seating position.

Intersection. (a) The area embraced within the prolongation or

connection of the lateral curb lines, or, if none, then the lateral

boundary lines of the roadways of two highways which join one another

at, or approximately at, right angles, or the area within which vehicles

traveling upon different highways joining at any other angle may come in

conflict.

(b) Where a highway includes two roadways thirty feet or more apart,

then every crossing of each roadway of such divided highway by an

intersecting highway shall be regarded as a separate intersection. In

the event such intersecting highway also includes two roadways thirty

feet or more apart, then every crossing of two roadways of such highways

shall be regarded as a separate intersection.

(c) A circular intersection contains an island, generally circular in

design, located in the center of the intersection where traffic passes

to the right of the island.

Laned roadway. A roadway which is divided into two or more

clearly marked lanes for vehicular traffic.

Limited use automobile. A limited use vehicle which, except

for the provisions of article forty-eight-A and section four hundred-a

of this chapter, would be subject to registration pursuant to

subdivision six of section four hundred one of this chapter.

Limited use motorcycle. A limited use vehicle having only two

or three wheels, with a seat or saddle for the operator. A limited use

motorcycle having a maximum performance speed, of more than thirty miles

per hour but not more than forty miles per hour shall be a class A

limited use motorcycle. A limited use motorcycle having a maximum

performance speed of more than twenty miles per hour but not more than

thirty miles per hour, shall be a class B limited use motorcycle. A

limited use motorcycle having a maximum performance speed of not more

than twenty miles per hour shall be a class C limited use motorcycle.

Limited use vehicle. A motor vehicle, other than one

registered or capable of being registered pursuant to sections four

hundred one or four hundred ten of this chapter, which has a maximum

performance speed of not more than forty miles per hour, as defined in

section one hundred twenty-two-b of this chapter.

Leased vehicle. A vehicle owned by a person engaged in the

business of renting or leasing vehicles which is rented or leased

without a driver to a person other than the owner and is registered

either in the name of the lessee or renter, or in the name of the owner,

in a format prescribed by the commissioner.

Livery. Every motor vehicle, other than a taxicab or a bus,

used in the business of transporting passengers for compensation.

However, it shall not include vehicles which are rented or leased

without a driver.

Low speed vehicle. A limited use automobile which has a

maximum performance speed of greater than twenty miles an hour, but not

greater than twenty-five miles an hour or a truck which has a maximum

performance speed of greater than twenty miles an hour, but not greater

than twenty-five miles an hour and whose gross vehicle weight rating

(GVWR) is less than three thousand pounds. All such vehicles shall

comply with the safety standards established in 49 C.F.R. 571.500.

Local authorities. Every county, municipal or other local

board, body or officer, county park commission, parkway authority,

bridge authority, bridge and tunnel authority, the office of parks and

recreation, the New York state thruway authority or similar body or

person having authority to enact laws or regulations relating to traffic

under the constitution and laws of this state.

Maximum gross weight. The weight of the vehicle unladen plus

the weight of the maximum load to be carried by such vehicle during the

registration period or the maximum gross weight for which the vehicle is

registered, whichever is greater.

Maximum performance speed. For the purposes of article

forty-eight-A of this chapter, maximum performance speed shall be the

greatest speed which can be attained and maintained by a limited use

vehicle under conditions prescribed by the commissioner at the time of

its manufacture, as certified by the manufacturer and filed with and

accepted by the commissioner. The maximum performance speed of a limited

use vehicle shall remain as certified regardless of any modification

made to such vehicle after such certification.

Mobile home or manufactured home. A structure, transportable

in one or more sections, which in the traveling mode, is eight body feet

or more in width or forty body feet or more in length, or when erected

on site, is three hundred twenty or more square feet, and which is built

on a permanent chassis and designed to be used as a dwelling with or

without a permanent foundation when connected to required utilities, and

includes the plumbing, heating, air-conditioning and electrical systems

contained therein.

Motorcycle. Every motor vehicle having a seat or saddle for

the use of the rider and designed to travel on not more than three

wheels in contact with the ground, but excluding a tractor.

* § 124. Minimum maintenance road. A low-volume road or portion

thereof which is designated by the town having jurisdiction over such

road pursuant to section two hundred five-c of the highway law.

* NB Repealed December 8, 2031

Motor vehicles. Every vehicle operated or driven upon a public

highway which is propelled by any power other than muscular power,

except (a) electrically-driven mobility assistance devices operated or

driven by a person with a disability, (a-1) electric personal assistive

mobility devices operated outside a city with a population of one

million or more, (b) vehicles which run only upon rails or tracks, (c)

snowmobiles as defined in article forty-seven of this chapter, (d) all

terrain vehicles as defined in article forty-eight-B of this chapter,

(e) bicycles with electric assist as defined in section one hundred

two-c of this article, and (f) electric scooters as defined in section

one hundred fourteen-e of this article. For the purposes of title four

of this chapter, the term motor vehicle shall exclude fire and police

vehicles other than ambulances. For the purposes of titles four and five

of this chapter the term motor vehicles shall exclude farm type tractors

and all terrain type vehicles used exclusively for agricultural

purposes, or for snow plowing, other than for hire, farm equipment,

including self-propelled machines used exclusively in growing,

harvesting or handling farm produce, and self-propelled caterpillar or

crawler-type equipment while being operated on the contract site.

Off-highway motorcycle. Off-highway motorcycle is a

motorcycle which is not equipped in conformity with the provisions of

section three hundred eighty-one of this chapter, would not, if properly

equipped, qualify as a limited use motorcycle, and which is manufactured

and sold for operation primarily on off-highway trails or in off-highway

competitions and only incidentally operated on public highways.

Omnibus. Any motor vehicle used in the business of

transporting passengers for hire, except such a motor vehicle used in

the transportation of agricultural workers to and from their employment.

Overhang. That portion of a transported vehicle or boat which

extends beyond the front or rear bumper of an automobile transporter or

stinger-steered automobile transporter or boat transporter or

stinger-steered boat transporter, or that portion of a transported

vehicle that extends beyond the rear bumper of a car carrier.

Owner. A person, other than a lien holder, having the property

in or title to a vehicle or vessel. The term includes a person entitled

to the use and possession of a vehicle or vessel subject to a security

interest in another person and also includes any lessee or bailee of a

motor vehicle or vessel having the exclusive use thereof, under a lease

or otherwise, for a period greater than thirty days.

Park or parking. Means the standing of a vehicle, whether

occupied or not, otherwise than temporarily for the purpose of and while

actually engaged in loading or unloading merchandise or passengers.

Parking area of a shopping center. An area or areas of

private property totaling at least one acre, near or contiguous to and

provided in connection with premises having one or more stores or

business establishments, and used by the public as a means of access to

and egress from such stores and business establishments and for the free

parking of motor vehicles of customers and patrons of such stores and

business establishments.

Parking lot. Any area or areas of private property near or

contiguous to and provided in connection with premises having one or

more stores or business establishments, and used by the public as a

means of access to and egress from such stores and business

establishments and for the parking of motor vehicles of customers and

patrons of such stores and business establishments.

Pedestrian. Any person afoot or in a wheelchair.

Wheelchair. A wheelchair is any manual or electrically driven

mobility assistance device, scooter, tricycle or similar device used by

a person with a disability as a substitute for walking.

An electrically driven mobility assistance device means any wheeled,

electrically powered device designed to enable a person with a

disability to move from place to place.

Person. Every natural person, firm, copartnership,

association, or corporation.

Place of public assembly. A place of public assembly shall

include (1) a theatre, (2) a moving picture house, or (3) an assembly

hall maintained or leased for pecuniary gain where one hundred or more

persons may assemble for amusement or recreation.

Police officer. All police officers as defined in subdivision

thirty-four of section 1.20 of the criminal procedure law, and every

duly designated peace officer as defined in section 2.20 of such law,

when such peace officer is acting pursuant to his special duties.

Police vehicle. Every vehicle owned by the state, a public

authority, a county, town, city or village, and operated by the police

department or law enforcement agency of such governmental unit or by a

constable or police constable of a town when acting pursuant to his

special duties. Any other vehicle operated by a chief or deputy or

assistant chief of a police department, a sheriff, undersheriff or

regular deputy sheriff, and a vehicle owned and operated by the law

enforcement unit of a public or private corporation authorized by law to

maintain a unit for the enforcement of law on the property of such

corporation shall be a police vehicle only for the purposes of section

one hundred one of this chapter.

Private road. Every way or place in private ownership and used

for vehicular travel by the owner and those having express or implied

permission from the owner, but not by other persons.

Public highway. Any highway, road, street, avenue, alley,

public place, public driveway or any other public way.

Qualifying highway. The highways on the national system of

interstate and defense highways and federal-aid primary system highways

that are designated by the commissioner of transportation pursuant to

section sixteen hundred twenty-seven of this chapter.

Radar detector. Any instrument designed to detect the

presence of microwaves at frequencies specifically assigned by the

federal communications commission for the purpose of maintaining

vehicular speed.

Laser detector. Any instrument designed to detect the

presence of laser speed detection devices.

Railroad. A carrier of persons or property upon cars, other

than streetcars, operated upon stationary rails.

Railroad grade crossing. A location where a public highway or

private road, including associated sidewalks, crosses one or more

railroad tracks at grade.

Railroad sign or signal. Any sign, signal, or device erected

by authority of a public body or official by a railroad and intended to

give notice of the presence of railroad tracks or the approach of a

railroad train.

Railroad train. A steam engine, electric or other motor

locomotive or car, with or without cars coupled thereto, operated upon

rails, except streetcars.

Rental vehicle. A vehicle owned by a person engaged in the

business of renting or leasing vehicles which is rented or leased

without a driver to a person other than the owner and is registered in

the name of such owner.

Residence district. The territory contiguous to and including

a highway not comprising a business district when the property on such

highway for a distance of three hundred feet or more is in the main

improved with residences or residences and buildings in use for

business.

Right of way. The right of one vehicle or pedestrian to

proceed in a lawful manner in preference to another vehicle or

pedestrian approaching under such circumstances of direction, speed and

proximity as to give rise to danger of collision unless one grants

precedence to the other.

Roadway. That portion of a highway improved, designed, marked,

or ordinarily used for vehicular travel, exclusive of the shoulder and

slope. In the event a highway includes two or more separate roadways the

term "roadway" as used herein shall refer to any such roadway separately

but not to all such roadways collectively.

In-line skate. A manufactured or assembled device consisting

of an upper portion that is intended to be secured to a human foot, with

a frame or chassis attached along the length of the bottom of such upper

portion, with such frame or chassis holding two or more wheels that are

longitudinally aligned and used to skate or glide, by means of human

foot and leg power while having such device attached to each such foot

or leg.

"Brake" shall mean a part which is secured to an in-line skate, as

defined in paragraph (b) of subdivision one of section three hundred

ninety-one-m of the general business law and intended to enable the user

to control his or her speed and/or come to a stop.

"Warning instruction" shall mean a label, hang-tag, shield or plate

with substantially the following notice printed in clear and conspicuous

type: "WARNING! REDUCE THE RISK OF SERIOUS INJURY, AND ONLY USE THESE

SKATES WHILE WEARING FULL PROTECTIVE GEAR - HELMET, WRIST GUARDS, ELBOW

PADS, AND KNEE PADS."

Roller skate. A manufactured or assembled device consisting

of a frame or shoe having clamps or straps or both for fastening, with a

pair of small wheels near the toe and another pair at the heel mounted

or permanently attached thereto, for skating or gliding by means of

human foot and leg power.

Skate board. A manufactured or assembled device consisting of

a platform having a pair of small wheels near the front and another pair

at the rear mounted or permanently attached thereto, for skating or

gliding by means of human foot and leg power.

Roundabout. A circular intersection which is characterized by

a circulatory roadway with counterclockwise movement, channelized

approaches, low speeds, and yield control of entering traffic. A

roundabout encompasses the area bounded by the outermost curb line or,

if there is no curb, the edge of the pavement, and includes crosswalks

on any entering or exiting roadway.

Safety zone. The area or space officially set apart within a

roadway for the exclusive use of pedestrians and which is protected or

is so marked or indicated by adequate signs as to be plainly visible at

all times while set apart as a safety zone.

Sanitation patrol vehicle. Every vehicle operated by an

officer or member of the sanitation police of the department of

sanitation of the city of New York, duly appointed and designated as a

peace officer by such department, when such officer or member is acting

pursuant to his special duties.

Sani-vans. Any motor vehicle which is so designed that it

contains a rear compaction unit and is intended for use in the

collection of refuse. For the purpose of section one hundred seventeen-a

of this chapter, the term "sani-van" shall mean any motor vehicle which

is so designed that it contains a rear compaction unit and is intended

for and is used in the collection of refuse and/or recyclable materials.

School bus. Every motor vehicle owned by a public or

governmental agency or private school and operated for the

transportation of pupils, children of pupils, teachers and other persons

acting in a supervisory capacity, to or from school or school activities

or privately owned and operated for compensation for the transportation

of pupils, children of pupils, teachers and other persons acting in a

supervisory capacity to or from school or school activities.

Semitrailer. Any trailer which is so designed that when

operated the forward end of its body or chassis rests upon the body or

chassis of the towing vehicle.

Shoulder. That improved portion of a highway contiguous with

the roadway.

Sidewalk. That portion of a street between the curb lines, or

the lateral lines of a roadway, and the adjacent property lines,

intended for the use of pedestrians.

Slope. That portion of a highway exclusive of the roadway and

shoulder.

Snow emergency. A determination made by the official having

jurisdiction of a highway that, because of existing or forecasted

weather conditions, pursuant to section sixteen hundred twenty-one,

sixteen hundred forty, sixteen hundred fifty or sixteen hundred sixty of

this chapter, traffic shall be regulated in accordance with section one

hundred forty-five-c of this article.

Stand or standing. Means the stopping of a vehicle, whether

occupied or not, otherwise than temporarily for the purpose of and while

actually engaged in receiving or discharging passengers.

State expressway routes. Those highways specified and

described as such pursuant to section three hundred forty-c of the

highway law.

State interstate routes. Those highways specified and

described as such pursuant to section three hundred forty-a of the

highway law.

Snow emergency route. A street or highway designated as a

snow emergency route by the state or municipality having jurisdiction

over such street or highway upon which no vehicle shall operate without

snow tires and/or tire chains when a snow emergency has been declared by

the state or municipality having jurisdiction thereof. Each snow

emergency route shall be posted in accordance with the provisions of

article forty-four of this chapter. The provisions of this section shall

not apply to signs installed and operative prior to the date on which

this section takes effect, provided, however, that the provisions of

this section shall apply to signs replaced on and after such date.

Definition of snow tire. Snow tires shall include tires in

which the ply cords extending to the beads are nearly at right angles to

the center line of the tread commonly referred to as radial tires and

the commissioner shall promulgate rules and regulations defining the

term snow tire with respect to non-radial tires. No person whose motor

vehicle is equipped with radial tires or tires which conform to the

definition promulgated by the commissioner shall be prosecuted for a

violation of any local law or ordinance requiring the equipping of a

motor vehicle with snow tires during any period of declared snow

emergency.

Stinger-steered automobile transporter. An automobile

transporter configured as a semitrailer combination wherein the fifth

wheel is located on a drop frame located behind and below the rear-most

axle of the power unit.

Stinger-steered boat transporter. A boat transporter

configured as a semitrailer combination wherein the fifth wheel is

located on a drop frame located behind and below the rear-most axle of

the power unit.

Stop. When required means complete cessation from movement.

Stop or stopping. When prohibited means any halting even

momentarily of a vehicle, whether occupied or not, except when necessary

to avoid conflict with other traffic or in compliance with the

directions of a police officer or traffic-control sign or signal.

Street. The entire width between the boundary lines of every

way publicly maintained when any part thereof is open to the use of the

public for purposes of vehicular travel.

Taxicab. Every motor vehicle, other than a bus, used in the

business of transporting passengers for compensation, and operated in

such business under a license or permit issued by a local authority.

However, it shall not include vehicles which are rented or leased

without a driver.

Tow truck. A motor vehicle that tows or carries a disabled,

illegally parked or abandoned motor vehicle or a motor vehicle involved

in an accident.

Through highway. Every highway or portion thereof on which

vehicular traffic is given preferential right of way, and at the

entrances to which vehicular traffic from intersecting highways is

controlled by traffic-control signals or is required by law to yield the

right of way to vehicles on such through highway in obedience to a

flashing red signal, a stop sign or a yield sign, when such signals or

signs are erected as provided in this chapter.

Tractor. A motor vehicle designed and used as the power unit

in combination with a semitrailer or trailer, or two such trailers in

tandem. Any such motor vehicle shall not carry cargo except that a

tractor and semitrailer engaged in the transportation of automobiles may

transport motor vehicles on part of the power unit.

Traffic. Pedestrians, ridden or herded animals, vehicles,

bicycles, and other conveyances either singly or together while using

any highway for purposes of travel.

Traffic control devices. All signs, signals, markings, and

devices not inconsistent with this chapter placed or erected by

authority of a public body or official having jurisdiction for the

purpose of regulating, warning or guiding traffic.

Traffic-control signal. Any device, whether manually,

electrically, or mechanically operated, by which traffic is alternately

directed to stop and permitted to proceed.

Traffic infraction. The violation of any provision of this

chapter, except articles forty-seven and forty-eight, or of any law,

ordinance, order, rule or regulation regulating traffic which is not

declared by this chapter or other law of this state to be a misdemeanor

or a felony. A traffic infraction is not a crime and the punishment

imposed therefor shall not be deemed for any purpose a penal or criminal

punishment and shall not affect or impair the credibility as a witness

or otherwise of any person convicted thereof. This definition shall be

retroactive and shall apply to all acts and violations heretofore

committed where such acts and violations would, if committed subsequent

to the taking effect of this section, be included within the meaning of

the term "traffic infraction" as herein defined. Except in those

portions of Suffolk county for which a district court has been

established, outside of cities having a population in excess of one

million in which administrative tribunals have heretofore been

established, courts and judicial officers heretofore having jurisdiction

over such violations shall continue to do so and for such purpose such

violations shall be deemed misdemeanors and all provisions of law

relating to misdemeanors except as provided in section eighteen hundred

five of this chapter and except as herein otherwise expressly provided

shall apply except that no jury trial shall be allowed for traffic

infractions. In those portions of Suffolk county for which a district

court has been established and in cities having a population in excess

of one million in which administrative tribunals have heretofore been

established, the criminal courts of such cities or portions of Suffolk

county in which a district court has been established shall have

jurisdiction to hear and determine any complaint alleging a violation

constituting a traffic infraction, except that administrative tribunals

heretofore established in such cities or portions of Suffolk county in

which a district court has been established shall have jurisdiction to

hear and determine any charge of an offense which is a traffic

infraction, except parking, standing or stopping. In cities having a

population in excess of two hundred thousand in which administrative

tribunals have heretofore been established, and any such administrative

tribunal established by the city of Yonkers, the city of Peekskill, or

the city of Syracuse, such tribunals shall have jurisdiction to hear and

determine any charge of an offense which is a parking, standing or

stopping violation. Any fine imposed by an administrative tribunal shall

be a civil penalty. For purposes of arrest without a warrant, pursuant

to article one hundred forty of the criminal procedure law, a traffic

infraction shall be deemed an offense.

Trailer. Any vehicle not propelled by its own power drawn on

the public highways by a motor vehicle as defined in section one hundred

twenty-five operated thereon, except motorcycle side cars, vehicles

being towed by a non-rigid support and vehicles designed and primarily

used for other purposes and only occasionally drawn by such a motor

vehicle.

Trolley bus or trolley coach. Any motor vehicle not operated

on rails or tracks which is propelled by electric power received from

overhead trolley wires and which is operated by a person or corporation

subject to the jurisdiction of the public service commission, pursuant

to local consent and a certificate, permission and approval, or

authority granted by the commission.

Truck. Every motor vehicle designed, used, or maintained

primarily for the transportation of property.

U turn. Any turn executed so as to proceed in the opposite

direction.

Vanpool vehicle. Any motor vehicle which is manufactured and

equipped in such manner as to provide a seating capacity of not less

than six and not more than fifteen passengers, in addition to the

driver, and which is owned by, or leased to, a person, firm,

corporation, association, municipality or public authority in this state

to be used for the purpose of vanpooling, which shall mean the

prearranged transport of persons to and from their places of employment

or other destinations on a regular daily basis provided that any moneys

paid by the passengers to the vanpool vehicle owner, lessee or operator

are solely for the recovery of some or all expenses related directly to

the transport of the passengers, including tolls, fuel, insurance and

depreciation, on a non-profit basis.

Vehicle. Every device in, upon, or by which any person or

property is or may be transported or drawn upon a highway, except

devices moved by human power or used exclusively upon stationary rails

or tracks.

Waste collection vehicle. Any motor vehicle which is commonly

classified as a garbage truck that is designed for and is used in the

collection of refuse and/or recyclable materials.

Wheel lift. Any device that may be extended beyond the rear

bumper of a tow truck or car carrier for the purpose of towing another

vehicle. Such device may also be referred to as an "under lift".

Work area. That part of a highway being used or occupied for

the conduct of highway work, within which workers, vehicles, equipment,

materials, supplies, excavations, or other obstructions are present.

Department of motor vehicles; commissioner. 1. There shall be

in the state government a department of motor vehicles. The head of the

department shall be the commissioner of motor vehicles who shall be

appointed by the governor, by and with the advice and consent of the

senate, and hold office until the end of the term of the appointing

governor and until a successor is appointed and has qualified, and who

shall receive an annual salary within the amount appropriated therefor.

The commissioner of motor vehicles shall have the immediate charge of

the department. The commissioner of motor vehicles may appoint, and at

pleasure remove, such deputy commissioners of motor vehicles,

inspectors, examiners and other assistants and employees of the

department as are deemed necessary, within the amounts available

therefor by appropriation. The commissioner of motor vehicles and all

other officers and employees of the department shall be paid and allowed

their necessary, actual and reasonable expenses incurred in the exercise

of their duties. All salaries and expenses of the department shall be

paid out of the state treasury on the audit and warrant of the

comptroller on the certificate of the commissioner of motor vehicles.

The principal office of the department shall be in the city of Albany.

2. (a) The commissioner of motor vehicles may enter into a contract

for the publication of a driver's manual. Such contract may provide for

the sale of advertising by the contractor. A contract for publication of

a driver's manual shall be awarded following consideration of factors

which shall include, but not be limited to, the most favorable financial

advantage for the state, and the greatest utility to the motorist. The

commissioner shall issue a request for proposal for publication of the

driver's manual which shall set requirements for the preparation of

bids; responsibility for preparation and placement of appropriate

advertising content, which shall be limited to no more than thirty

percent of the total space available; approval of the commissioner at

critical stages of the driver's manual development, including

appropriate timetables and schedules; approval of advertising standards

and rates; any securities which shall be required of the contractor and

deadlines for selection of a competent contractor.

(b) On or before February first of each year following enactment

hereof, the department shall submit a report to the director of the

division of the budget detailing any proposed privatization initiatives

it would like to undertake including a summary of each initiative, the

cost savings associated with each initiative and the impact of each

initiative on customer service and departmental staffing levels. Copies

of such report shall be simultaneously filed with the chairpersons of

the senate finance committee and the assembly ways and means committee.

Custody of records. 1. Documents. The commissioner may destroy:

(a) any application, including supporting documents, for registration

and/or title of a motor vehicle or trailer, other than an application

for renewal of registration, or any notice of a lien on a motor vehicle

or trailer, after such application shall have been on file for a period

of five years;

(b) any application for renewal of a registration which results in the

issuance of a registration renewal of any motor vehicle or trailer, upon

entry of an electronic record of renewal on the files;

(c) any application for a driver's license, including any document

required to be filed with any such application, after such application

shall have been on file for a period of five years;

(d) any application, including supporting documents, for the

registration, other than a renewal of a registration, of a snowmobile

after such application shall have been on file for a period of two

years;

(e) any application for renewal of a registration which results in the

issuance of a registration renewal for any snowmobile, upon the

expiration of the registration renewal issued;

(f) any application, including supporting documents, for registration

and/or title of a motorboat, other than an application for renewal of

registration, or any notice of a lien on a motorboat after such

application shall have been on file for a period of four years;

(g) any application for renewal of a registration which results in the

issuance of a registration renewal for any motorboat, upon the

expiration of the registration renewal issued;

(h) any application, including supporting documents relating to

ownership, for any other registration, license or certificate issued

under this chapter and not specifically otherwise provided for in this

subdivision, after such application shall have been on file for a period

of five years;

(i) (i) any accident reports filed with the commissioner, conviction

certificates, police reports, complaints, satisfied judgment records,

closed suspension and revocation orders, hearing records, other than

audio tape recordings of hearings, significant correspondence relating

to any of the same, and any other record on file after remaining on file

for four years except that if the commissioner shall receive, during the

last year of such period of four years, written notice to retain one or

more of such papers or documents, the same shall be retained for another

four years in addition to said period of four years. The provisions of

this paragraph shall not apply to certificates of conviction filed with

respect to convictions which affect sentencing or administrative action

required by law beyond such four year period. Such certificates may be

destroyed after they have no legal effect on sentencing or

administrative action;

(ii)(A) Notwithstanding the provisions of subparagraph (i) of this

paragraph, the commissioner may destroy any conviction certificates and

closed suspension and revocation orders after remaining on file for:

(1) fifty-five years where the conviction and suspension or revocation

order relates to a conviction, suspension or revocation by the holder of

any driver's license when operating a commercial motor vehicle, as

defined in subdivision four of section five hundred one-a of this

chapter, or by the holder of a commercial driver's license or commercial

learner's permit when operating any motor vehicle, who: has refused to

submit to a chemical test pursuant to section eleven hundred ninety-four

of this chapter or has been convicted of any of the following offenses:

any violation of subdivision two, two-a, three, four or four-a of

section eleven hundred ninety-two of this chapter, any violation of

subdivision one or two of section six hundred of this chapter, any

felony involving the use of a motor vehicle, other than the use of a

motor vehicle in the commission of a felony involving manufacturing,

distributing, dispensing a controlled substance; or the conviction,

suspension or revocation involves any of the following offenses while

operating a commercial motor vehicle: any violation of subdivision five

or six of section eleven hundred ninety-two of this chapter, driving a

commercial motor vehicle when as a result of prior violations committed

while operating a commercial motor vehicle, the driver's commercial

driver's license or commercial learner's permit is suspended or revoked,

or has been convicted of causing a fatality through the negligent

operation of a commercial motor vehicle, including but not limited to

the crimes of vehicular manslaughter and criminally negligent homicide

as set forth in article one hundred twenty-five of the penal law;

(2) fifteen years for violating an out of service order as provided

for in the rules and regulations of the department of transportation

while operating a commercial motor vehicle.

(B) Any conviction arising out of the use of a motor vehicle in the

commission of a felony involving manufacturing, distributing, or

dispensing a controlled substance shall never be destroyed.

(C) The provisions of this subparagraph shall only apply to records

requested by a state, the United States secretary of transportation, the

person who is the subject of the record, or a motor carrier who employs

or who prospectively may employ the person who is the subject of the

record.

(j) audio tape recordings of hearings, two years after such hearing;

provided, however, that audio tape recordings of hearings held pursuant

to section two hundred twenty-seven of this chapter may be destroyed

ninety days after a determination has been made as prescribed in such

section.

(k) any records, including any reproductions or electronically created

images of such records and including any records received by the

commissioner from a court pursuant to paragraph (c) of subdivision ten

of section eleven hundred ninety-two of this chapter or section

forty-nine-b of the navigation law, relating to a finding of a violation

of section eleven hundred ninety-two-a of this chapter or a waiver of

the right to a hearing under section eleven hundred ninety-four-a of

this chapter or a finding of a refusal following a hearing conducted

pursuant to subdivision three of section eleven hundred ninety-four-a of

this chapter or a finding of a violation of section forty-nine-b of the

navigation law or a waiver of the right to a hearing or a finding of

refusal following a hearing conducted pursuant to such section, after

remaining on file for three years after such finding or entry of such

waiver or refusal or until the person that is found to have violated

such section reaches the age of twenty-one, whichever is the greater

period of time. Upon the expiration of the period for destruction of

records pursuant to this paragraph, the entirety of the proceedings

concerning the violation or alleged violation of such section eleven

hundred ninety-two-a of this chapter or such section forty-nine-b of the

navigation law, from the initial stop and detention of the operator to

the entering of a finding and imposition of sanctions pursuant to any

subdivision of section eleven hundred ninety-four-a of this chapter or

of section forty-nine-b of the navigation law shall be deemed a nullity,

and the operator shall be restored, in contemplation of law, to the

status he occupied before the initial stop and prosecution.

2. Reproduction of documents by commissioner. The provisions of

subdivision one of this section shall not prevent the commissioner from

reproducing a copy of any document specified in that subdivision or from

electronically creating and storing an image of any documents maintained

by the department. Such image or reproduction may be designated as the

official departmental record. The original document may be destroyed

after such reproduction or image has been made and filed and the

destruction of the reproduction or image shall be governed by the

provisions of subdivision one of this section.

3. Electronically or mechanically stored records. Any electronically

or mechanically stored record relating to:

(a) certificates of title shall be retained for a period of seven

years from the date of the issuance of the title plus an additional

three consecutive years of inactivity regarding the titled vehicle;

(b) liens and satisfaction of liens shall be retained for one year

from the date of satisfaction;

(c) renewal of the registration of any motor vehicle or trailer shall

be retained for a period of one year from the date of expiration of the

registration issued;

(d) driver's licenses shall be retained for a period of two years from

the date of expiration of the last driver's license issued;

(e) registrations, licenses, or certificates not otherwise provided

for in this subdivision shall be retained for a period of one year from

the date of expiration of the last registration, license or certificate;

(f) documents specified in paragraph (i) of subdivision one of this

section shall be retained until the document itself may be destroyed.

4. Whenever any document referred to in subdivision one of this

section shall have been destroyed, a document produced from the

surviving electronically or mechanically stored data record shall be

considered the original record of such document.

5. Whenever any document referred to in subdivision one of this

section or any record retained in subdivision three of this section has

been retained beyond the required retention period of such document or

record, the document or record shall not be a public record; and, to the

extent that any document referred to in paragraph (k) of subdivision one

of this section has not been destroyed at the expiration of the

retention period set forth therein, such document shall be deemed

destroyed as a matter of law for all purposes upon the expiration of the

retention period.

6. Whenever any document referred to in subdivision one of this

section is filed with this department when it is not required to be

filed and is used by this department for no other purposes, other than

for statistics or research, the document shall not be a public record.

Provided, however, that an accident report filed with this department

when it is not required to be filed shall not be a public record except

as follows: for use by the state or any political subdivision thereof

for no other purposes other than for statistics or research relating to

highway safety; for any lawful purpose by a person to whom such report

pertains or named in such report, or his or her authorized

representative; and, for use by any other person, or his or her

authorized representative, who has demonstrated to the satisfaction of

the commissioner that such person is or may be a party to a civil action

arising out of the conduct described in such accident report.

7. Where a judge or magistrate reports a license suspension or

revocation to the commissioner, following a youthful offender

determination, as is required by section five hundred thirteen of this

chapter, the commissioner shall not make available the finding of the

court of youthful offender status to any person, or public or private

agency.

8. Any portion of any record retained by the commissioner in relation

to a non-commercial driver's license or learner's permit application or

renewal application that contains the photo image or identifies the

social security number, telephone number, place of birth, country of

origin, place of employment, school or educational institution attended,

source of income, status as a recipient of public benefits, the customer

identification number associated with a public utilities account,

medical information or disability information of the holder of, or

applicant for, such license or permit is not a public record and shall

not be disclosed in response to any request for records except: (a) to

the person who is the subject of such records; or (b) where expressly

required pursuant to chapter three hundred three of part A of subtitle

vi of title forty-nine of the United States code; or (c) where necessary

to comply with a lawful court order, judicial warrant signed by a judge

appointed pursuant to article III of the United States constitution, or

subpoena for individual records issued pursuant to the criminal

procedure law or the civil practice law and rules.

9. The commissioner shall not disclose or otherwise make accessible

original documents or copies of documents collected from non-commercial

driver's license or learner's permit applicants or renewal applicants to

prove identity, age, or fitness except: (a) to the person who is the

subject of such documents; or (b) where expressly required pursuant to

chapter three hundred three of part A of subtitle vi of title forty-nine

of the United States code; or (c) unless necessary to comply with a

lawful court order, judicial warrant signed by a judge appointed

pursuant to article III of the United States constitution, or subpoena

for individual records properly issued pursuant to the criminal

procedure law or the civil practice law and rules.

10. The commissioner shall not disclose or otherwise make accessible

any portion of any record that identifies whether the type of driver's

license or learner's permit that a person holds either meets federal

standards for identification or does not meet federal standards for

identification except: (a) to the person who is the subject of such

record; or (b) where expressly required pursuant to chapter three

hundred three of part A of subtitle vi of title forty-nine of the United

States code; or (c) unless necessary to comply with a lawful court

order, judicial warrant signed by a judge appointed pursuant to article

III of the United States constitution, or subpoena for individual

records properly issued pursuant to the criminal procedure law or the

civil practice law and rules.

11. For the purposes of this section, whenever a lawful court order,

judicial warrant, or subpoena for individual records properly issued

pursuant to the criminal procedure law or the civil practice law and

rules is presented to the commissioner, only those records, documents,

or information specifically sought by such court order, warrant, or

subpoena may be disclosed.

12. (a) Except as required for the commissioner to issue or renew a

driver's license or learner's permit that meets federal standards for

identification, as necessary for an individual seeking acceptance into a

trusted traveler program, or to facilitate vehicle imports and/or

exports, the commissioner, and any agent or employee of the

commissioner, shall not disclose or make accessible in any manner

records or information that he or she maintains, to any agency that

primarily enforces immigration law or to any employee or agent of such

agency, unless the commissioner is presented with a lawful court order

or judicial warrant signed by a judge appointed pursuant to article III

of the United States constitution. Upon receiving a request for such

records or information from an agency that primarily enforces

immigration law, the commissioner shall, no later than three days after

such request, notify the individual about whom such information was

requested, informing such individual of the request and the identity of

the agency that made such request.

(b) The commissioner shall require any person or entity that receives

or has access to records or information from the department to certify

to the commissioner, before such receipt or access, that such person or

entity shall not (i) use such records or information for civil

immigration purposes or (ii) disclose such records or information to any

agency that primarily enforces immigration law or to any employee or

agent of any such agency unless such disclosure is pursuant to a

cooperative arrangement between city, state and federal agencies which

arrangement does not enforce immigration law and which disclosure is

limited to the specific records or information being sought pursuant to

such arrangement. Violation of such certification shall be a class E

felony. In addition to any records required to be kept pursuant to

subdivision (c) of section 2721 of title 18 of the United States code,

any person or entity certifying pursuant to this paragraph shall keep

for a period of five years records of all uses and identifying each

person or entity that primarily enforces immigration law that received

department records or information from such certifying person or entity.

Such records shall be maintained in a manner and form prescribed by the

commissioner and shall be available for inspection by the commissioner

or his or her designee upon his or her request.

(c) For purposes of this subdivision, the term "agency that primarily

enforces immigration law" shall include, but not be limited to, United

States immigration and customs enforcement and United States customs and

border protection, and any successor agencies having similar duties.

Failure to maintain records as required by this subdivision shall be a

class E felony.

Fees for searches and copies of documents. 1. Except in those

cases in which it is provided by law that no fee shall be charged, the

fees for searching the records of the department of motor vehicles kept

pursuant to the provisions of this chapter and for furnishing copies of

documents in said department kept pursuant to the provisions of this

chapter shall be as provided in this section. Provided, however, that

no fee shall be charged any public officer, board or body, volunteer

fire company, volunteer ambulance service, or legal aid bureau or

society or other private entity when acting pursuant to section seven

hundred twenty-two of the county law, for searches or copies of

documents to be used for a public purpose.

2. Fees for searches of records. * (a) The fee for a search which is

made manually by the department shall be ten dollars.

* NB Effective until April 1, 2028

* (a) The fee for a search which is made manually by the department

shall be five dollars.

* NB Effective April 1, 2028

* (b) The fee for a search which is made by direct entry by a

requester who has been approved for such entry by the commissioner shall

be seven dollars.

* NB Effective until April 1, 2028

* (b) The fee for a search which is made by direct entry by a

requester who has been approved for such entry by the commissioner shall

be four dollars.

* NB Effective April 1, 2028

* (c) The fee for a search which is made by means of an electronic

medium which has been prepared by a requester who has been approved for

such service by the commissioner and which is processed by the

department shall be seven dollars.

* NB Effective until April 1, 2028

* (c) The fee for a search which is made by means of an electronic

medium which has been prepared by a requester who has been approved for

such service by the commissioner and which is processed by the

department shall be four dollars.

* NB Effective April 1, 2028

(d) The commissioner may condition approval for direct entry of a

request or use of an electronic medium by a requester upon the

establishment and maintenance of an account with the department with a

minimum balance established by the commissioner from which fees

chargeable to the requester shall be deducted. In addition, the

commissioner shall prescribe the specifications and procedures for use

of electronic media and may establish a minimum and/or a maximum number

of searches which may be contained on any one such electronic medium

submission.

(e) For the purposes of this section, a search shall consist of a

single entry of an acceptable identifier for the purpose of obtaining a

specific category of information relating to a person, vehicle or number

plate. The commissioner shall by regulation define such categories and

identifiers acceptable for such categories. Except as provided in

subdivision three of this section, a search of the record of the

department shall include the furnishing of the information disclosed by

such search, and with respect to searches made manually by the

department, shall include a certification of such record.

3. Fees for copies of documents. The fees for copies of documents,

other than accident reports, shall be one dollar per page. A page shall

consist of either a single or double side of any document. The fee for a

copy of an accident report shall be fifteen dollars. All copies of

documents shall be certified at no additional fee. Whenever search of

records of the department is required in conjunction with a request for

a copy of a document, the fee for such search shall be the fee provided

in paragraph (a) of subdivision two of this section. The result of such

search will be the locating of the document to be copied, or if no

document can be located, a certification to that effect will be the

result of the search.

4. Registration lists and title information. (a) The commissioner

shall have discretion to contract with the highest responsible bidder or

bidders to furnish the registration information specified in this

section from the records of all vehicle registrations from any

registration period, or number of periods not exceeding five years in

the aggregate, with respect to a given territory or information on

titles. In such event, the fees provided by this section shall not apply

to copies of records furnished under any such contract. Any such

contract entered into by the commissioner pursuant to this section shall

not be for a term of more than two years and shall contain language

prohibiting the successful bidder from assigning the contract and from

any use or resale of the information received which use or resale is

contrary to the public policy of this state or is contrary to the public

morals or welfare. In addition, any such sale of registration

information shall be limited to only that part of the vehicle

registration records describing the name and address of the owner of the

vehicle and the make, model, year, weight, body style, number of

passengers and cylinders, fuel, license number, type of registration and

transaction, validation and expiration date and vehicle identification

number of the vehicle.

(b) The commissioner shall notify each vehicle registrant that the

registration information specified in paragraph (a) of this subdivision

has been or will be furnished to the contracting party. The commissioner

shall inform each vehicle registrant when such registrant first makes

application for a vehicle registration or when such registrant applies

to renew an existing vehicle registration how to achieve the deletion of

such information from the contracting party's file. The contract between

the commissioner and the contracting party shall provide that, upon the

request of the registrant made in such manner and in such form as shall

be prescribed by the commissioner, such registration information shall

be deleted from the contracting party's file for all purposes, except:

(i) issuance of manufacturer's warranty, safety recall or similar

notices, or (ii) statistical complications.

(c) Any material violation of the terms of such contract by the

successful bidder not corrected or discontinued within thirty days

following receipt of notice of such violation will automatically cancel

and void its contract with the commissioner and disqualify it from

bidding for the five successive years following such cancellation.

(d) Any contract authorized by this section shall be subject to the

provisions of article nine of the state finance law.

(e) The commissioner may from time to time require that the

contracting party pursuant to this section submit written reports, in

form satisfactory to the commissioner, concerning the use of such

registration or title information.

5. Miscellaneous charges. The commissioner upon request may furnish

copies of documents and records of searches by means other than first

class mail upon prior payment of any additional cost involved in such

transmission. Where the cost of such requested transmission cannot be

readily determined before transmission, the commissioner may establish a

reasonable fee to cover the cost of such transmission. Nothing herein

shall be construed to require the commissioner to provide such service.

Penalties for submission of dishonored checks and credit card

payments. (a) A thirty-five dollar penalty fee shall be charged to any

person who has submitted a check to the commissioner or his or her agent

as payment for any license, permit or registration or any other type of

fee for any type of transaction as required by this chapter and such

check has been dishonored. Such thirty-five dollar penalty shall be

added to the amount due to the commissioner. In addition, any or all

licenses, permits or registrations issued in the name of such person may

be suspended and, if a suspension has been issued, any other transaction

in the name of such person with this department may be prohibited until

full satisfaction of the amount due to the commissioner and the

thirty-five dollar penalty fee is paid to the commissioner. No such

suspension shall be issued until thirty days after notification that the

check has been dishonored is mailed to such person. If satisfaction is

made within thirty days from the date of mailing of such notification,

no suspension shall be issued. (b) In any case where a person has made a

credit card payment to the commissioner or his or her agent as payment

for any license, permit or registration or any other type of fee for any

type of transaction as required by this chapter, and such credit card

payment is contested and is not honored by the credit card company, any

other transaction in the name of such person with the department may be

prohibited, upon at least thirty days notice, until full satisfaction of

the amount due to the commissioner has been paid.

Oaths and acknowledgments. The commissioner of motor vehicles,

a deputy commissioner, an assistant deputy commissioner or a motor

vehicle referee shall have power to administer oaths and take affidavits

and acknowledgments in relation to any matter or proceeding in the

exercise of the powers or the performance of the duties of the

commissioner under this chapter. Any officer or employee of the

department of motor vehicles, designated for that purpose by the

commissioner of motor vehicles, or any assistant to a county clerk as

may be designated by such county clerk, shall have power to take any

affidavit or acknowledgment which any person is required to file with

the department of motor vehicles.

Subpoenaing hearing referees. No officer or employee of the

department of motor vehicles who has conducted a hearing concerning an

owner or operator of a motor vehicle or motorcycle shall be required to

appear in any court as a witness in a civil action in which such owner

or operator is a party except pursuant to a subpoena signed by a judge

of a court of record, or a judge of the court in which the action is

pending, issued upon an application to such judge after, at least, one

day's notice to the commissioner or a deputy commissioner of motor

vehicles.

County clerks as agents of the commissioner; fees. 1. The clerk

of each county, except the counties of Rockland, Albany, Westchester,

Suffolk, Nassau, Onondaga, Bronx, Kings, Queens, Richmond and New York,

shall act as the agent of the commissioner in the registration of motor

vehicles, motorcycles, and when directed by the commissioner

snowmobiles, vessels and all terrain vehicles, and in the issuance of

certificates thereof and number plates therefor, in receiving documents

relating to certificates of title, and unless and until the commissioner

shall otherwise direct in any county, in the issuance of non-driver

identification cards and drivers' licenses upon the certification of

inspectors, and motor vehicle enforcement transactions. Each such agent

shall remit to the commissioner all fees collected by him for

registrations, licenses, identification cards and transfers or relating

to certificates of title, except as hereinafter provided, together with

a complete record of such registrations, identification cards and

licenses issued and transfers made, in accordance with the procedure

prescribed by the commissioner, and with all documents relating to

certificates of title received and such record thereof as the

commissioner prescribes.

2. The commissioner may authorize such county clerk to establish one

or more temporary branch offices within the county, when deemed

necessary, to issue certificates of registration, and number plates

therefor for motor vehicles, motorcycles, snowmobiles and vessels or the

renewal or issuance of non-driver identification cards and drivers'

licenses on certification of inspectors or to receive documents relating

to certificates of title. The work in such temporary branch offices

shall be performed by one or more employees of the clerk's office

designated for the purpose without additional compensation. The expenses

actually and necessarily incurred by the county clerk or such employees

shall be a charge against the county.

3. Each such county clerk shall retain from fees collected for any

motor vehicle related service described in subdivision one of this

section processed by such county clerk an amount based on a percentage

of gross receipts collected. For purposes of this section, the term

"gross receipts" shall include all fines, fees and penalties collected

pursuant to this chapter by a county clerk acting as agent of the

commissioner, but shall not include any state or local sales or

compensating use taxes imposed under or pursuant to the authority of

articles twenty-eight and twenty-nine of the tax law and collected by

such clerk on behalf of the commissioner of taxation and finance. The

retention percentage shall be 10.75 percent.

3-a. In addition to the fees retained pursuant to subdivision three of

this section, each county clerk acting as the agent of the commissioner

pursuant to subdivision one of this section shall retain a percentage of

"enhanced internet and electronic partner revenue" collected by the

commissioner. For the purposes of this subdivision, "enhanced internet

and electronic partner revenue" shall mean the amount of gross receipts

attributable to all transactions conducted on the internet by residents

of such county and by designated partners of the department on behalf of

such residents for the current calendar year. The commissioner shall

certify the amounts to be retained by each county clerk pursuant to this

subdivision. The retention percentage shall be 10.75 percent.

4. The commissioner may prescribe minimum staff requirements to be

maintained by county clerks for the performance of their duties as

agents of the commissioner. No such staff requirements shall require

expenditures in excess of the amount of the percentage of gross receipts

retained by any county or county clerk pursuant to subdivision three of

this section.

5. For registration renewals pursuant to subdivision two of section

four hundred three of this chapter, the commissioner shall reimburse

each county clerk the actual postage expense incurred by such clerk in

mailing a number plate or plates to a registrant, provided that mailing

of such number plate or plates has been done in a manner prescribed by

the commissioner.

Deputization of agents. The commissioner may, in his

discretion, deputize any person to act for the commissioner, subject to

rules and limitations prescribed by him, for the purpose of issuing or

renewing licenses, registrations and number plates. Any such license,

registration or number plate so issued or renewed shall be subject to

cancellation by the commissioner, if improperly issued. Such deputies

shall not receive compensation from the state under this section, and no

fee in addition to the fees prescribed by law shall be charged any

applicant unless such fee has been approved by the commissioner. The

commissioner may, without a hearing, revoke at any time the authority

granted to any person under this section.

Uniform traffic summons and complaint. 1. Except as otherwise

provided, the commissioner shall be authorized to prescribe the form of

summons and complaint in all cases involving a violation of any

provision of this chapter, including section twelve hundred three-c, or

of any provision of the tax law or of the transportation law regulating

traffic, or of any ordinance, rule or regulation relating to traffic,

and to establish procedures for proper administrative controls over the

disposition thereof. The commissioner is not authorized to prescribe the

form of summons and complaint for parking, stopping or standing

violations or a violation of article forty-seven or forty-eight of this

chapter.

2. The chief executive officer of each local police force including

county, town, city and village police departments, sheriffs, and the

superintendent of state police shall prepare or cause to be prepared

such records and reports as may be prescribed hereunder.

3. The commissioner shall have the power from time to time to adopt

such rules and regulations as may be necessary to accomplish the

purposes and enforce the provisions of this section including

requirements for reporting by trial courts having jurisdiction over

traffic violations.

4. The provisions of this section shall not apply to or supersede any

ordinance, rule or regulation heretofore or hereafter made, adopted or

prescribed pursuant to law in any city having a population of one

million or over, and the commissioner may limit the application of any

rule or regulation to exclude specified violations based upon conditions

or factors making differentiation or separate classification necessary

or desirable.

5. Any person who disposes of any uniform traffic summons and

complaint in any manner other than that prescribed by law shall be

guilty of a misdemeanor.

Affirmation of complaints. Where a traffic summons has been

served by a police officer, police cadet or bridge and tunnel officers

employed by the triborough bridge and tunnel authority in cases of

violations of any provision of this chapter, except title eleven, or of

any ordinance, rule or regulation enacted pursuant thereto or pursuant

to any other law relating to traffic, any chief, deputy chief, captain,

lieutenant or acting lieutenant, or sergeant or acting sergeant of a

police department, or any sheriff, undersheriff, chief deputy, deputy

sergeant or deputy in charge of a road patrol maintained by any sheriff

in any county to whom the service of the traffic summons is reported, is

hereby authorized to administer to such police officer, police cadet or

bridge and tunnel officer employed by the triborough bridge and tunnel

authority all necessary oaths in connection with the execution of the

complaint to be presented in court by such police officer, police cadet

or bridge and tunnel officer employed by the triborough bridge and

tunnel authority in the prosecution of such offense, but a complaint

need not be verified provided it shall be affirmed under penalty of

perjury.

Bureau of motor vehicles abolished; transfer of functions;

officers and employees. The bureau of motor vehicles in the department

of taxation and finance is hereby abolished. The functions, powers and

duties of the bureau of motor vehicles in the department of taxation and

finance are hereby assigned to the department of motor vehicles. Each

deputy commissioner in the bureau of motor vehicles in the department of

taxation and finance shall continue in office as deputy commissioner in

the department of motor vehicles and shall serve during the pleasure of

the commissioner. All civil service employees in the existing bureau of

motor vehicles in the department of taxation and finance, in service at

the time this section takes effect, shall retain their present civil

service classification and be transferred to the department of motor

vehicles without further examination or classification, and such

employees shall perform such duties therein as may be assigned to them

by the commissioner.

Highway safety powers and duties. The commissioner of motor

vehicles shall have power to:

1. Formulate uniform highway safety programs and coordinate the

efforts of all interested individuals and agencies engaged in

safety-education.

2. Conduct a highway safety and driver training program, in

conjunction with any interested public or private agencies, as an aid to

the national defense.

Continuity of authority. The department of motor vehicles shall

be deemed to constitute a continuation of the powers and duties of the

bureau of motor vehicles in the department of taxation and finance and

not a new authority for the purpose of succession to the rights, powers

and duties and obligations hereby assigned to the department.

Transfer of records and property. All books, papers and records

of the bureau of motor vehicles in the department of taxation and

finance shall be transmitted to the department of motor vehicles and the

commissioner shall take possession thereof.

Terms occurring in contracts and other documents. Whenever the

bureau of motor vehicles in the department of taxation and finance is

referred to or designated in any contract or document, such reference or

designation shall be deemed to mean and refer to the department of motor

vehicles.

Proof of mailing of notice or order. The production of a copy

of a notice or order issued by the department, together with an

electronically-generated record of entry of such order or notice upon

the appropriate driver's license or registration file of the department

and an affidavit by an employee designated by the commissioner as having

responsibility for the issuance of such order or notice issued by the

department setting forth the procedure for the issuance and the mailing

of such notice or order at the address of such person on file with the

department or at the current address provided by the United States

postal service shall be presumptive evidence that such notice of

suspension, revocation or order was produced and mailed in accordance

with such procedures. The foregoing procedure shall not preclude the use

of an affidavit of service by mail, a certificate of mailing or proof of

certified or registered mail as proof of mailing of any such order or

notice.

Rules and regulations. (a) General. Subject to and in

conformity with the provisions of the vehicle and traffic law and the

constitution and laws of the state, the commissioner may enact, amend

and repeal rules and regulations which shall regulate and control the

exercise of the powers of the department and the performance of the

duties of officers, agents and other employees thereof.

(b) Vehicle equipment. If the commissioner and the attorney general

shall determine that any provision of this chapter relating to required

vehicle equipment has been preempted by a federal regulation or

standard, the commissioner may, in his discretion, promulgate a

regulation governing such item or items of equipment, in a manner

consistent with such federal regulation or standard. Such regulation,

when filed with the secretary of state, shall supersede the provisions

of this chapter relating to the same item or items of equipment,

provided that such regulation shall only remain in force and effect

until thirty days after the next adjournment of a regular session of the

legislature provided, however, that the authority to promulgate such

regulation shall only be exercised if the federal regulation or standard

involved does not take effect at a time when the legislature is in

regular session, and the commissioner's regulation is promulgated and

takes effect prior to the next ensuing regular session of the

legislature.

(c) The commissioner shall determine the degree to which an

identification card issued to veterans by the United States department

of veterans affairs may be used as proof of name and/or age for the

purpose of obtaining a driver's license or non-driver identification

card under this chapter.

Automotive-medical research division. The commissioner shall

establish an automotive-medical research division with such facilities

and such expert assistants as are necessary to do medical and

engineering research in the field of motor vehicle safety. The

commissioner shall from time to time make reports and recommendations to

the governor, and the legislature on the findings and studies of the

agency. The commissioner shall be empowered to contract with the

department of health for medical research necessary to carry out the

purposes of this section, and, subject to the provisions of the state

finance law, to take and administer for the state any grant, gift or

bequest to be applied, principal or income, or both, for the purposes

specified in such grant, to the maintenance and operation of a research

program under this section.

Statistics on driving while intoxicated. 1. The commissioner

shall collect and analyze statistical information and data with respect

to: (i) the number of persons charged with violating any of the

provisions of section eleven hundred ninety-two of this chapter

prohibiting the operation of a motor vehicle while under the influence

of alcohol or drugs, or the provisions of section eleven hundred

ninety-two-a of this chapter prohibiting persons under the age of

twenty-one from operating a motor vehicle after having consumed alcohol,

or the provisions of section forty-nine-b of the navigation law

prohibiting persons under the age of twenty-one from operating a vessel

after having consumed alcohol; and (ii) the disposition of such charge

and (iii) if a conviction or finding was had thereon, the category of

the offense for which such conviction or finding was had, whether it

resulted from a plea of guilty or after trial or after a hearing before

a hearing officer and the sentence thereon; and (iv) such other

information as the commissioner shall deem relevant. Provided, however,

that nothing herein shall be deemed to authorize the reporting or

collecting of any information relating to the identity of any person so

charged, and no such information shall be so reported to or collected by

the commissioner except for the purposes of assisting courts or hearing

officers in the suspension of licenses pursuant to sections five hundred

ten and five hundred fourteen of this chapter or the suspension of

operating privileges pursuant to section forty-nine-b of the navigation

law, and no such information may be disseminated except to such courts

or hearing officers.

2. The commissioner shall from time to time make reports and

recommendations to the governor and the legislature based upon the

compilation and analysis of the information and data made pursuant to

this section.

Record of hearings. At any hearing held by the commissioner, or

a person deputized by him to conduct a hearing to determine whether any

license or registration issued pursuant to this chapter or any privilege

of operating or privilege of operation should be suspended or revoked, a

mechanical or electronic recording device may be used for the making of

a record of the proceedings.

Special classification of vehicles. Notwithstanding any other

provision of this chapter, any vehicle or class of vehicles may, by

regulation of the commissioner, be added to or exempted from any of the

definitions or classifications contained in this chapter, where such

addition or exemption is deemed, in his discretion, either necessary,

desirable or equitable because of the particular characteristics of such

vehicle or class of vehicles; provided, however, that no vehicle which

is exempted from registration by any provision of this chapter may be

reclassified pursuant to this section to require registration, and no

vehicle which is specifically enumerated in schedule F of subdivision

seven of section four hundred one of this chapter may be reclassified

pursuant to this section to require registration at an increased fee.

Interstate compacts. Whenever any provision of this chapter

shall provide for or establish a compact or reciprocal recognition of

vehicle registrations with another state or states, the governor or

commissioner may enter into a written agreement or compact with any

state authorized to be a party to such compact or affected by such

reciprocal provisions, provided that the conditions and terms of such

agreement or compact are consistent with the provisions of this chapter

pertaining to such compact or reciprocal recognition of vehicle

registrations.

State membership in a multistate voter list maintenance

organization. 1. Notwithstanding any other provision of law to the

contrary, the commissioner is authorized to provide to the state's

representative to a multistate voter list maintenance organization,

designated under section 5-1001 of the election law, the following

information: (a) all name fields; (b) all address fields; (c) DMV ID

number; (d) last four digits of the DMV ID holder's social security

number; (e) date of birth; (f) current record status; (g) phone number;

and (h) email address, provided that the conditions and terms of

membership are consistent with the provisions of this chapter and title

ten of article five of the election law pertaining to such membership or

reciprocal recognition of vehicle registrations.

2. The commissioner shall not knowingly provide any information

pursuant to this section of persons who are not citizens.

Exemptions for safety equipment. (1) Notwithstanding any other

provision of this chapter or other law, whether general, special or

local, the commissioner may permit the installation and use of any item

of equipment which he, in his discretion, determines will either reduce

accidents, injuries and fatalities, or otherwise contribute to highway

safety.

(2) Where an exemption is granted pursuant to the provisions of

subdivision one, the commissioner may, by regulation, establish

standards for the manufacture and use of any equipment for which the

exemption is granted.

Annual compilation of this chapter. The commissioner shall

cause to be published by the department, and make available to the

public, an annual paperback compilation of all of the provisions of this

chapter. The commissioner shall establish a reasonable fee, chargeable

on a per copy basis, sufficient to cover the cost of preparation and

distribution of such books.

Exemptions for testing, demonstration or experimentation. The

commissioner, upon application of a person, or upon his own application,

may grant an exemption from any requirement of this chapter relating to

registration or equipment to any designated vehicle for the purpose of

testing, demonstration or experimentation. Any such exemption shall be

limited to specific areas and times, and such exemptions shall be

evidenced by a certificate issued by the commissioner or his designated

agent, which certificate shall contain a description of the vehicle, the

exemptions granted, and the areas and times to which the exemptions

apply. For the purposes of this section, testing, demonstration or

experimentation shall be limited to such activities being performed at

the request of, or with the consent of a governmental agency. For the

purposes of articles six, seven and eight of this chapter, a certificate

issued pursuant to this section shall be deemed to be a registration,

and all the provisions of articles six, seven and eight of this chapter

with regard to proof of financial security at the time of registration

and all the penalties found in said articles with respect to the failure

to maintain such financial security shall apply to vehicles for which a

certificate is issued pursuant to this section.

Motor vehicle theft prevention program. 1. The commissioner is

hereby authorized and directed to establish a motor vehicle theft

prevention program within the department which shall have trained motor

vehicle investigators and police officers participating in it.

2. It shall be the duty of such investigators to conduct detailed

investigations, in cooperation with law enforcement officials, of those

entities which may be possible sources for the disposal of stolen

vehicles or major component parts; to determine the reliability of

applicants required to be registered under provisions of the vehicle and

traffic law; to provide assistance to law enforcement personnel in

determining sources of outlets for stolen motor vehicles and stolen

motor vehicle parts; to cooperate with law enforcement personnel

relative to the investigation of organized motor vehicle theft rings; to

examine motor vehicles prior to the issuance of a New York state motor

vehicle title at the discretion of the commissioner; and to inspect

motor vehicles for which a notice of acquisition is required to be filed

pursuant to section four hundred twenty-nine of this chapter whenever

such a vehicle is to be registered for use upon the public highway.

3. The commissioner, in consultation with the commissioner of the

division of criminal justice services, shall establish a motor vehicle

theft prevention program to be known as the "Watch Your Car Program,"

which shall include the issuance of official decals to identify motor

vehicles that are not normally operated between the hours of 1:00 A.M.

and 5:00 A.M. Participation in the program shall be voluntary in nature

and shall involve the following:

(a) In the presence of a duly authorized police officer in any law

enforcement agency participating in such program, the registered owner

of a motor vehicle shall sign an informed consent statement indicating

that the motor vehicle registered to such owner is not normally operated

between the hours of 1:00 A.M. and 5:00 A.M. The form of such informed

consent statement shall be promulgated by the commissioner after

consultation with the commissioner of the division of criminal justice

services.

(b) (i) Upon signing such informed consent statement, the registered

owner shall be issued decals approved by the commissioner and such

decals shall be affixed to the owner's vehicle in a conspicuous place as

prescribed by the commissioner. The decals shall be issued by the law

enforcement agency participating in the program.

(ii) The law enforcement agency issuing the decals shall make a record

of the decals issued to each registered owner. Such records shall be

maintained by the law enforcement agencies participating in the program

and shall be available to the commissioner, to the superintendent of

state police, to the commissioner of the division of criminal justice

services and to law enforcement agencies.

(c) Informed consent statement forms shall be available at all

participating law enforcement agencies throughout the state. The

commissioner may accept the format used for the decal and application

used by local police officials in municipalities that implemented such

programs prior to the effective date of this subdivision.

4. The commissioner shall, no later than January first, nineteen

hundred eighty-two, submit to the governor and the legislature a report

on the results and operation of the motor vehicle theft prevention

program.

5. The expenses incurred by the commissioner in implementing the motor

vehicle theft prevention program created by this section shall be funded

from revenues collected pursuant to sections four hundred fifteen-a,

four hundred twenty-one, subdivision five of section four hundred

twenty-three-a and four hundred thirty of this chapter.

School bus motorist education program. The commissioner

shall, in conjunction with the governor's traffic safety committee, the

departments of education and transportation, the division of state

police, and the state comprehensive school bus driver safety training

council, design and implement a public education program to educate

motorists of the dangers of passing a school bus in violation of section

eleven hundred seventy-four of this chapter, to reduce the number of

such incidents, and to promote school bus safety.

Simplification of business application procedures and

administration. 1. For the purposes of reducing the amount of paperwork

required of businesses which are licensed or registered pursuant to this

chapter, and to provide for the most efficient servicing of such

businesses, the commissioner shall, to the extent administratively

feasible, provide that: (i) applications for licenses or registrations,

or renewals thereof, to be issued pursuant to sections three hundred

three, three hundred ninety-eight-c, four hundred fifteen and four

hundred fifteen-a of this chapter simultaneously made by the same entity

shall be made on one application, (ii) all such licenses and

registrations issued to the same entity shall expire at the same time,

and (iii) the expiration dates for all licensees and registrants subject

to such sections shall be staggered as effectively as possible over a

two year period.

2. The provisions of the sections set forth in subdivision one of this

section shall be construed to achieve the purposes enunciated in that

subdivision.

3. Notwithstanding any other provisions of this chapter, only one

original application fee shall be required of the same applicant who

simultaneously makes application for the issuance of more than one

license or registration pursuant to section three hundred three, three

hundred ninety-eight-c, four hundred fifteen or four hundred fifteen-a

of this chapter. Such fee shall be the highest application fee for any

one of the licenses or registrations being applied for.

Establishment of the highway construction and maintenance

safety education program. 1. The commissioner of transportation, after

consultation with the commissioner of the department, shall promulgate

rules and regulations regarding the establishment and implementation of

a highway construction and maintenance safety education program. The

highway construction and maintenance safety education program shall be

established for the purpose of providing education, advocacy and

increased awareness of laws pertaining to protecting the safety of

highway construction and maintenance workers. The program shall provide

funding for activities such as public service announcements, public

education and awareness campaigns, distribution of literature, and any

other activities that are consistent with such purposes.

2. It shall be the duty of the commissioner of transportation to make

a biennial report to the governor, the temporary president of the senate

and the speaker of the assembly which shall be due on the first of April

every second year following implementation of the program and shall

include an assessment of the effectiveness of the program,

recommendations for expanding or improving the program and any problems

or other matters related to the administration of the program.

Jurisdiction; transfer of cases; hearing officers; regulations.

1. Notwithstanding any inconsistent provision of law, all violations of

this chapter or of a law, ordinance, order, rule or regulation relating

to traffic, except parking, standing, stopping or pedestrian offenses,

which occur within a city having a population of one million or more in

which administrative tribunals have heretofore, been established, and

which are classified as traffic infractions, may be heard and determined

pursuant to the regulations of the commissioner as provided in this

article. Whenever a crime and a traffic infraction arise out of the same

transaction or occurrence, a charge alleging both offenses may be made

returnable before the court having jurisdiction over the crime. Nothing

herein provided shall be construed to prevent a court, having

jurisdiction over a criminal charge relating to traffic or a traffic

infraction, from lawfully entering a judgment of conviction, whether or

not based on a plea of guilty, for any offense classified as a traffic

infraction.

2. Whenever the commissioner or his deputy determines that a charge

alleges an offense other than a traffic infraction, he shall, and where

a charge cannot be disposed of because of the non-appearance of the

motorist, he may notify the court of appropriate jurisdiction and

request removal of the case to such court. Prior notice of such request

need not be given the motorist involved. Upon receipt of such request,

the court may grant an order transferring such case, provided that the

date on which the charge or charges must be answered before the court

shall not be earlier than the return date which appears on the complaint

alleging the offense. Notice of transfer of cases involving other than

traffic infractions shall be mailed to the motorist at the address

appearing on such complaint not less than ten days before the date of

appearance indicated on his summons and not less than fifteen days

before his scheduled appearance in such court. Notice of transfer of

cases which cannot be disposed of because of the non-appearance of the

motorist shall be mailed to the motorist at the address appearing on

such complaint not less than fifteen days before his scheduled

appearance in such court. Such mailing shall constitute due notice of

such transfer. Thereafter, such case shall be treated in the same manner

as if the complaint had initially been filed with such court.

3. The commissioner shall appoint such hearing officers as shall be

necessary to hear and determine cases as provided by this article and

may promulgate such regulations as shall be necessary or desirable to

effect the purposes of this article. Such regulations may provide for a

schedule of monetary penalties to be used where an answer is made, other

than before a hearing officer, admitting a charge, provided that no such

penalty shall exceed the maximum fine established by law for the traffic

infraction involved.

Summons; answer. 1. Summons. The commissioner shall be

authorized to prescribe by regulation the form for the summons and

complaint to be used for all traffic violations specified in subdivision

one of section two hundred twenty-five of this chapter, and to establish

procedures for proper administrative controls over the disposition

thereof. Such summons may be the same as the uniform summons provided

for in section two hundred seven of this chapter. The chief executive

officer of each local police force which is required to use the summons

and complaint provided for herein shall prepare or cause to be prepared

such records and reports as may be prescribed by the commissioner.

1-a. Return date notifications. The commissioner shall notify any

person who receives a summons and complaint for any traffic violation

specified in subdivision one of section two hundred twenty-five of this

article of the time and place of the return date for such summons, no

later than one week prior to such return date. The commissioner shall

send such notification by first class mail at the address of such person

on file with the department or at the current address provided by the

United States postal service in accordance with section two hundred

fourteen of this title.

2. Answer. (a) General. Any person who receives a summons for a

violation described in subdivision one of section two hundred

twenty-five of this chapter shall answer such summons by personally

appearing on the return date at the time and place specified therein.

Provided, however, that an answer may be made as provided in paragraphs

(b) and (c) of this subdivision and the regulations of the commissioner.

(b) Answer by mail -- admitting charge. If a person charged with the

violation admits to the violation as charged in the summons, he may

complete an appropriate form prescribed by the commissioner and forward

such form and summons, together with the appropriate part of his

license, if required by the commissioner's regulations, to the office of

the department specified on such summons. If a schedule of penalties for

violations has been established, and such schedule appears on the answer

form, a check or money order in the amount of the penalty for the

violation charged if included in such schedule, must also be submitted

with such answer. Unless permitted by the regulations of the

commissioner, such plea may not be made by mail for any offense for

which suspension or revocation of a driver's license is required by law,

or for any other offense if the conviction thereof would result in a

hearing pursuant to a highway safety program established under the

provisions of subdivision three of section five hundred ten of this

chapter.

(c) Answer by mail - denial of charges. If the person charged with the

violation denies part or all of the violation as charged in the summons,

he may complete an appropriate form prescribed by the commissioner for

that purpose and forward such form and summons to the office of the

department specified on such summons. Upon receipt, such answer shall be

entered and a hearing date established by the department. The department

shall notify such person by return mail of the date of such hearing.

3. Failure to answer or appear; entry of order. (a) If the person

charged with the violation shall fail to answer the summons as provided

herein, the commissioner may suspend such person's license or driving

privilege or, if the charge involves a violation of section three

hundred eighty-five, section four hundred one or section five hundred

eleven-a of this chapter by a registrant who was not the operator of the

vehicle, the registration of such vehicle or the privilege of operation

of any motor vehicle owned by such registrant may be suspended, until

such person shall answer as provided in subdivision two of this section,

or has paid or has entered into an installment payment plan to pay the

fine associated with a conviction entered as a result of the failure to

appear in response to such summons, or the defendant has been acquitted

of the charge that led to the suspension or such charge was otherwise

dismissed. If a person shall fail to appear at a hearing, when such is

provided for pursuant to this section, such person's license, or

registration or privilege of operating or of operation, as appropriate,

may be suspended pending appearance at a subsequent hearing, or the

disposition of the charges involved. Any suspension permitted by this

subdivision, if already in effect, may be terminated or if not yet in

effect, may be withdrawn or withheld, prior to the disposition of the

charges involved if such person shall appear and post security in the

amount of forty dollars to guarantee his or her appearance at any

required hearing. The security posted pursuant to this subdivision shall

be returned upon appearance at the scheduled hearing or an adjourned

hearing which results in a final disposition of the charge, and

otherwise shall be forfeited. If a suspension has been imposed pursuant

to this subdivision and the case is subsequently transferred pursuant to

subdivision two of section two hundred twenty-five of this article, such

suspension shall remain in effect until the person answers the charges

in the court to which the case was transferred. Any suspension issued

pursuant to this paragraph shall be subject to the provisions of

paragraph (j-1) of subdivision two of section five hundred three of this

chapter.

(b) Failure to answer or appear in accordance with the requirements of

this section and any regulations promulgated hereunder shall be deemed

an admission to the violation as charged, and an appropriate order may

be entered in the department's records, and a fine consistent with the

provisions of this chapter and regulations of the commissioner may be

imposed by the commissioner or person designated by the commissioner.

Prior to entry of an order and imposition of a fine, the commissioner

shall notify such person by mail at the address of such person on file

with the department or at the current address provided by the United

States postal service in accordance with section two hundred fourteen of

this title: (i) of the violation charged; (ii) of the impending entry of

such order and fine; (iii) that such order and fine may be filed as a

judgment with the county clerk of the county in which the operator or

registrant is located; and (iv) that entry of such order and imposition

of such fine may be avoided by entering a plea or making an appearance

within thirty days of the sending of such notice. In no case shall such

an order and fine be entered and imposed more than two years after the

date of the alleged violation. Upon application in such manner and form

as the commissioner shall prescribe an order and fine shall be vacated

upon the ground of excusable default.

Hearings; determinations. 1. Every hearing for the adjudication

of a traffic infraction, as provided by this article, shall be held

before a hearing officer appointed by the commissioner. The burden of

proof shall be upon the people, and no charge may be established except

by clear and convincing evidence. The commissioner may prescribe, by

rule or regulation, the procedures for the conduct of such hearings.

2. In any case wherein the people are not ready for the hearing on the

scheduled hearing date, the hearing officer may order a dismissal of the

charge or the adjournment of the hearing to a subsequent time. In any

case wherein the people are not ready for the hearing at an ordered

adjourned time and do not provide a minimum of seven days' notice to the

department after having been not ready for a hearing on the charge for

any reason previously, the charge shall be dismissed unless the hearing

officer determines that a substantial traffic safety hazard would result

from the dismissal. The commissioner shall promulgate regulations

concerning the adjournment of hearings which may permit the dismissal of

cases by a hearing officer for reasons not prescribed herein.

3. After due consideration of the evidence and arguments offered in a

contested case, the hearing officer shall determine whether the charges

have been established. Where the charges have not been established, an

order dismissing the charges shall be entered. Where a determination is

made that a charge has been established, either in a contested case or

in an uncontested case where there is an appearance before a hearing

officer, or if an answer admitting the charge otherwise has been

received, an appropriate order shall be entered in the department's

records.

4. a. An order entered upon the failure to answer or appear or after

the receipt of an answer admitting the charge or where a determination

is made that the charge has been established shall be civil in nature,

but shall be treated as a conviction for the purposes of this chapter.

The commissioner or his designee may include in such order an imposition

of any penalty authorized by any provision of this chapter for a

conviction of such violation, except that no penalty therefore shall

include imprisonment, nor, if monetary, exceed the amount of the fine

which could have been imposed had the charge been heard by a court. If

the charge involves a violation of section three hundred eighty-five of

this chapter, the driver's license or privileges may be suspended

pending the payment of any penalty so imposed, or, if the charge

involves a violation of section three hundred eighty-five of this

chapter by a registrant who was not the operator of the vehicle, the

registration of such vehicle or privilege of operation of any motor

vehicle owned by such registrant may be suspended pending the payment of

any penalty so imposed. Any suspension issued pursuant to this paragraph

shall be subject to the provisions of paragraph (j-1) of subdivision two

of section five hundred three of this chapter.

b. Unpaid fines may be recovered by the commissioner in a civil action

in the name of the commissioner. In addition, as an alternative to such

civil action, and provided that no appeal is pending, the commissioner

may file with the county clerk of the county in which the person resides

a final order of the commissioner containing the amount of the fine or

fines. The filing of such final order shall have the full force and

effect of a judgment duly docketed in the office of such clerk and may

be enforced in the same manner and with the same effect as that provided

by law in respect to execution issued against property upon judgments of

a court of record. No such civil action shall be commenced nor shall

such final order be filed until at least thirty days after the

department has posted by ordinary mail to the person at the address of

such person on file with the department or at the current address

provided by the United States postal service notice of the amount of

such fine or fines and that such fine or fines are due and owing.

* 5. All penalties and forfeited security collected pursuant to the

provisions of this article shall be paid to the department of audit and

control to the credit of the justice court fund and shall be subject to

the applicable provisions of section eighteen hundred three of this

chapter. After such audit as shall reasonably be required by the

comptroller, such penalties and forfeited security shall be paid

quarterly or, in the discretion of the comptroller, monthly, to the

appropriate jurisdiction in which the violation occurred in accordance

with the provisions of section ninety-nine-a of the state finance law,

except that the sum of four dollars for each violation occurring in such

jurisdiction for which a complaint has been filed with the

administrative tribunal established pursuant to this article shall be

retained by the state. Notwithstanding any law to the contrary an

additional annual sum of three million dollars collected from fines and

assessed to the city of New York, shall be deposited into the general

fund. Provided, however, that if the full costs of administering this

article shall exceed the amounts received and retained by the state for

any period specified by the commissioner, then such additional sums as

shall be required to offset such costs shall be retained by the state

out of the penalties and forfeited security collected pursuant to this

article.

* NB Effective until April 1, 2019

* 5. All penalties and forfeited security collected pursuant to the

provisions of this article shall be paid to the department of audit and

control to the credit of the justice court fund and shall be subject to

the applicable provisions of section eighteen hundred three of this

chapter. After such audit as shall reasonably be required by the

comptroller, such penalties and forfeited security shall be paid

quarterly or, in the discretion of the comptroller, monthly, to the

appropriate jurisdiction in which the violation occurred in accordance

with the provisions of section ninety-nine-a of the state finance law,

except that the sum of four dollars for each violation occurring in such

jurisdiction for which a complaint has been filed with the

administrative tribunal established pursuant to this article shall be

retained by the state. Provided, however, that if the full costs of

administering this article shall exceed the amounts received and

retained by the state for any period specified by the commissioner, then

such additional sums as shall be required to offset such costs shall be

retained by the state out of the penalties and forfeited security

collected pursuant to this article.

* NB Effective April 1, 2019

6. Unless a hearing officer shall determine that a substantial traffic

safety hazard would result therefrom, he shall, pursuant to the

regulations of the commissioner, delay for a period of thirty days the

effective date of any suspension or revocation of a drivers license or

vehicle registration imposed after a hearing pursuant to this article,

unless such suspension was imposed because of the failure to pay a

monetary penalty. Provided, however, the commissioner's regulations may

provide for the immediate surrender of any item to be suspended or

revoked and the issuance of appropriate temporary documentation to be

used during such thirty day period.

Administrative review. 1. Appeals board. The commissioner shall

appoint three or more appeals officers, to serve at his pleasure, and

shall select a chairman for each appeals board from the members so

appointed. Appeals officers who are not full time employees of the

department shall be attorneys admitted to practice in New York state.

The commissioner shall assign at least three appeals officers to serve

on each appeals board established to hear appeals pursuant to this

section. Any appeals officer who is not a full time employee of the

department shall receive a per diem at a rate to be fixed by the

commissioner, with the approval of the director of the budget, for each

day he serves on an appeals board, in addition to all necessary

expenses. The commissioner shall also designate such other members of

the department as may be necessary to assist an appeals board in

carrying out its assigned functions.

2. Right of appeal. (a) Any person who is aggrieved by a determination

of a hearing officer may appeal such determination pursuant to the

provisions of this article.

(b) Except as otherwise provided in this subdivision, a transcript of

the hearing resulting in the determination appealed from must be

submitted on any such appeal.

(c) If the only issue raised on appeal is the appropriateness of the

penalty imposed, the appellant, in his discretion, may submit such

appeal without a transcript of the hearing. In such event, the decision

of the appeals board may be based solely on the appeal papers and the

records of the department, and such decision shall not be subject to

judicial review.

(d) Where a transcript of the hearing is submitted at the time an

appeal is filed, the determination of the appeals board will be subject

to judicial review as prescribed in subdivision nine of this section.

3. Appeals boards. Each appeal filed pursuant to this section shall be

reviewed by an appeals board, which shall make a determination of such

appeal, and shall cause an appropriate order to be entered in the

records of the department.

4. Time limitations. No appeal shall be reviewed if it is filed more

than thirty days after notice was given of the determination appealed

from.

5. Appeal procedures. Any person desiring to file an appeal from an

adverse determination pursuant to this section, shall do so in a form

and manner provided by the commissioner. The transcript of any hearing

which formed the basis for such determination will be reviewed only if

it is submitted by the appellant. An appeal shall not be deemed to be

finally submitted until the appellant has submitted all forms or

documents required to be submitted by the commissioner or this section.

6. Transcript of hearings. Transcripts of the record of any hearing

may be obtained at the cost to the department, if prepared by the

department, or at the rate specified in the contract between the

department and the contractor, if prepared by a private contractor. The

amount paid at such cost or rate by a person convicted who submits, upon

an appeal from the determination of guilt, or upon such appeal and upon

a review pursuant to the provisions of article seventy-eight of the

civil practice law and rules, a transcript of the hearing or hearings

which resulted in such determination, shall be refunded by the

department upon a final determination by the appeals board, dismissing

the charges, or if the charges were sustained by the appeals board, upon

a final determination by the court, dismissing the charges.

7. Fees. The fee for filing an appeal shall be ten dollars. No appeal

shall be accepted unless the required fee has been paid. Such fees shall

be paid by the appeals board to the department of audit and control to

the credit of the justice court fund. After such audit as shall be

required by the comptroller, such fees shall be credited to the general

fund of the state.

8. Stays pending appeal. Whenever a determination has not been made

within thirty days after an appeal has been finally submitted, a stay of

execution will be deemed granted by operation of law, and the license,

certificate, permit or privilege affected will be automatically restored

pending final determination.

9. Judicial review. (a) No determination of a hearing officer which is

appealable under the provisions of this section shall be reviewed in any

court unless an appeal has been filed and determined in accordance with

this section.

(b) A determination of the appeals board in any case where a

transcript of the hearing has been submitted shall be subject to review

pursuant to the provisions of article seventy-eight of the civil

practice law and rules. Provided, however, a statement by the hearing

officer at the conclusion of the hearing indicating that the charges

have been sustained and announcing the penalty imposed, together with a

summary of the reasons the appeal was denied by the appeals board, shall

constitute sufficient findings for the purpose of such review.

Jurisdiction. 1. Notwithstanding any inconsistent provision of

any general, special or local law or administrative code to the

contrary, in any city which heretofore or hereafter is authorized to

establish an administrative tribunal: (a) to hear and determine

complaints of traffic infractions constituting parking, standing or

stopping violations, or (b) to adjudicate the liability of owners for

violations of subdivision (d) of section eleven hundred eleven of this

chapter imposed pursuant to a local law or ordinance imposing monetary

liability on the owner of a vehicle for failure of an operator thereof

to comply with traffic-control indications through the installation and

operation of traffic-control signal photo violation-monitoring systems,

in accordance with article twenty-four of this chapter, or (c) to

adjudicate the liability of owners for violations of subdivision (b),

(c), (d), (f) or (g) of section eleven hundred eighty of this chapter

imposed pursuant to a demonstration program imposing monetary liability

on the owner of a vehicle for failure of an operator thereof to comply

with such posted maximum speed limits through the installation and

operation of photo speed violation monitoring systems, in accordance

with article thirty of this chapter, or (d) to adjudicate the liability

of owners for violations of bus lane restrictions as defined by article

twenty-four of this chapter imposed pursuant to a bus rapid transit

program imposing monetary liability on the owner of a vehicle for

failure of an operator thereof to comply with such bus lane restrictions

through the installation and operation of bus lane photo devices, in

accordance with article twenty-four of this chapter, or (e) to

adjudicate the liability of owners for violations of toll collection

regulations imposed by certain public authorities pursuant to the law

authorizing such public authorities to impose monetary liability on the

owner of a vehicle for failure of an operator thereof to comply with

toll collection regulations of such public authorities through the

installation and operation of photo-monitoring systems, in accordance

with the provisions of section two thousand nine hundred eighty-five of

the public authorities law and sections sixteen-a, sixteen-b and

sixteen-c of chapter seven hundred seventy-four of the laws of nineteen

hundred fifty, or (f) to adjudicate the liability of owners for

violations of section eleven hundred seventy-four of this chapter when

meeting a school bus marked and equipped as provided in subdivisions

twenty and twenty-one-c of section three hundred seventy-five of this

chapter imposed pursuant to a local law or ordinance imposing monetary

liability on the owner of a vehicle for failure of an operator thereof

to comply with school bus red visual signals through the installation

and operation of school bus photo violation monitoring systems, in

accordance with article twenty-nine of this chapter, or (g) to

adjudicate the liability of owners for violations of section three

hundred eighty-five of this chapter and the rules of the applicable

covered agency or covered authority as such terms are defined in article

ten of this chapter in relation to gross vehicle weight and/or axle

weight violations imposed pursuant to a weigh in motion demonstration

program imposing monetary liability on the owner of a vehicle for

failure of an operator thereof to comply with such gross vehicle weight

and/or axle weight restrictions through the installation and operation

of weigh in motion violation monitoring systems, in accordance with

article ten of this chapter, or (h) to adjudicate the liability of

owners for violations of subdivision (b), (d), (f) or (g) of section

eleven hundred eighty of this chapter imposed pursuant to a

demonstration program imposing monetary liability on the owner of a

vehicle for failure of an operator thereof to comply with such posted

maximum speed limits within a highway construction or maintenance work

area through the installation and operation of photo speed violation

monitoring systems, in accordance with article thirty of this chapter,

or (i) to adjudicate the liability of owners for violations of bus

operation-related traffic regulations as defined by article twenty-four

of this chapter imposed pursuant to a demonstration program imposing

monetary liability on the owner of a vehicle for failure of an operator

thereof to comply with such bus operation-related traffic regulations

through the installation and operation of bus operation-related photo

devices, in accordance with article twenty-four of this chapter, such

tribunal and the rules and regulations pertaining thereto shall be

constituted in substantial conformance with the following sections.

1-a. (a) Notwithstanding any inconsistent provision of any general,

special or local law or administrative code to the contrary, in any

county, city, village, or town which heretofore or hereafter adopts a

local law or ordinance establishing a demonstration program imposing

monetary liability on the owner of a vehicle for failure of an operator

thereof to comply with school bus red visual signals through the

installation and operation of school bus photo violation monitoring

systems, in accordance with article twenty-nine of this chapter, such

county, city, village, or town shall also establish, by local law or

ordinance, an administrative tribunal to adjudicate the liability of

owners for violations of section eleven hundred seventy-four of this

chapter when meeting a school bus marked and equipped as provided in

subdivisions twenty and twenty-one-c of section three hundred

seventy-five of this chapter imposed pursuant to a local law or

ordinance imposing monetary liability on the owner of a vehicle for

failure of an operator thereof to comply with school bus red visual

signals through the installation and operation of school bus photo

violation monitoring systems, in accordance with article twenty-nine of

this chapter. Such tribunal and the rules and regulations pertaining

thereto shall be constituted in substantial conformance with the

following sections and the applicable provisions of article twenty-nine

of this chapter. Provided that a county, city, village, or town shall

establish such tribunal (i) no later than September first, two thousand

twenty-seven where such county, city, village, or town has established

and implemented the aforementioned demonstration program prior to the

date upon which this subdivision takes effect, and (ii) no later than

the date upon which such county, city, village, or town establishes and

implements the aforementioned demonstration program after the date upon

which this subdivision takes effect.

(b) Provided, however, that the provisions of paragraph (a) of this

subdivision requiring the establishment of an administrative tribunal

shall not apply to the city of New York wherein violations are

adjudicated by the New York city parking violations bureau, and shall

not apply to any county, city, village, or town in which such notices of

liability are required to be adjudicated within a traffic violations

bureau established pursuant to section three hundred seventy of the

general municipal law, court having jurisdiction, or parking violations

bureau pursuant to the local law or ordinance imposing such monetary

liability in accordance with article twenty-nine of this chapter and

such traffic violations bureau or parking violations bureau is

adjudicating such notices of liability or the chief administrative judge

or their designee approves the plan to adjudicate such notices of

liability in such court having jurisdiction.

2. Notwithstanding any inconsistent provision of any general, special

or local law or administrative code to the contrary, any city with a

population in excess of one hundred thousand persons according to the

nineteen hundred eighty United States census hereinafter referred to as

a city shall provide notice of parking violations and of the imposition

of additional penalties whenever the person who is liable therefor fails

to respond to the parking ticket in the manner designated thereon. Such

notice shall be in substantial conformance with the following

provisions:

a. Notice. (1) Whenever a city issues a notice of violation for a

parking violation, it shall be served in the manner prescribed by

subdivision two of section two hundred thirty-eight of this article.

(2) Whenever a person has been issued a notice of violation for a

parking violation and has not responded in the manner described in the

notice, a city shall give the owner a second notice of the violation by

regular first class mail: (i) within forty days of issuance of the first

notice of violation for a parking violation where the vehicle is a

vehicle registered in this state; or (ii) within forty days of the

receipt by such city of the name and address of the owner of the vehicle

where the vehicle is a vehicle registered in any other state. Such

second notice shall include, but not be limited to, the following

information:

(A) that the owner has a period of twenty days from issuance of the

second notice in which to respond to the notice of violation for a

parking violation;

(B) that failure to respond to the notice of violation for a parking

violation may result in the suspension and non-renewal of the owner's

registration;

(C) that failure to respond to the notice of violation for a parking

violation may subject the owner to additional penalties as provided in

paragraph b of this subdivision;

(D) that failure to respond to the notice of violation for a parking

violation shall subject the owner to a default judgment as provided in

paragraph c of this subdivision and the additional penalties imposed

upon parking violations pursuant to paragraph b of this subdivision; and

(E) that submission of a plea of guilty to the parking violation makes

the owner liable for payment of the stated fine and additional penalties

imposed pursuant to paragraph b of this subdivision and the mandatory

surcharge of fifteen dollars imposed upon parking violations pursuant to

section eighteen hundred nine-a of this chapter.

b. Additional penalties. (1) For the purposes of this paragraph, each

locality shall determine an initial response date of not less than eight

days nor more than thirty days, after which time a penalty may be

imposed. The liability for such initial penalty shall commence on the

date following the initial response date.

(2) Failure to respond to a notice of violation for a parking

violation by the initial response date may result in the liability for a

penalty in an amount of the fine indicated on the notice of violation

for a parking violation; where a city has given a second notice pursuant

to paragraph a of this subdivision, the following schedule of additional

penalties may apply:

(A) failure to respond to a notice of violation for a parking

violation by the initial response date may result in the liability for

an additional penalty not to exceed ten dollars or, if the first penalty

assessed by a city does not exceed five dollars, such city may assess an

additional penalty within thirty-one to seventy-five days not to exceed

ten dollars; and

(B) where a city has given a second notice pursuant to paragraph a of

this subdivision failure to respond to a notice of violation for a

parking violation within seventy-five days may result in the liability,

commencing on the seventy-sixth day, for an additional penalty not to

exceed twenty dollars.

(3) Where the additional penalty schedule set forth in subparagraph

two of this paragraph, as interpreted in 9 New York Code of Rules and

Regulations Part 6180, has not been implemented by a city and is not in

effect in such city on or before January first, nineteen hundred

ninety-three, the provisions of this paragraph shall not apply. For the

purposes of this subdivision, the provisions of this paragraph shall not

be considered to have been implemented and in effect unless the penalty

schedule contained herein shall have been applied to parking violations

issued in such city on or before January first, nineteen hundred

ninety-three.

b-1. Alternate additional penalty schedule. In any city in which the

schedule of penalties contained in subparagraph two of paragraph b of

this subdivision, as interpreted in 9 New York Code of Rules and

Regulations Part 6180, has not been implemented and was not in effect on

or before January first, nineteen hundred ninety-three, the provisions

of this paragraph shall only apply upon enactment of a local law

containing the penalty schedule provided in this paragraph prior to

March 28, 1993. Following the enactment of such a local law, such city

may elect to impose the additional penalties set forth in subparagraphs

one and two of this paragraph for failure to respond to a notice of

violation for a parking violation in accordance with this paragraph. In

the event that no such local law was enacted prior to March 28, 1993,

the alternate additional penalty schedule set forth in paragraph b-2 of

this subdivision shall apply.

(1) Failure to respond to a notice of violation for a parking

violation within thirty days shall result in liability, commencing on

the thirty-first day, for an additional penalty in an amount not to

exceed ten dollars, indicated on the notice of violation for a parking

violation; where a city has given a second notice pursuant to paragraph

a of this subdivision failure to respond to a notice of violation for a

parking violation within forty-five days may result in liability,

commencing on the forty-sixth day, for the penalty prescribed above for

failure to respond within thirty days and an additional penalty not to

exceed twenty dollars; and where a city has given a second notice

pursuant to paragraph a of this subdivision failure to respond to a

notice of violation for a parking violation within seventy-five days may

result in liability, commencing on the seventy-sixth day, for the

penalties prescribed above for failure to respond within thirty days and

for failure to respond within forty-five days and an additional penalty

not to exceed thirty dollars.

(2) Notwithstanding the foregoing schedule of alternative additional

penalties, if an owner makes a plea or appears within twenty days after

issuance of a second notice of violation in accordance with paragraph a

of this subdivision, or prior to such mailing, such additional penalty

shall not exceed ten dollars.

b-2. Alternate additional penalty schedule. In any city in which the

schedule of penalties contained in paragraph b of this subdivision, as

interpreted in 9 New York Code of Rules and Regulations Part 6180, has

not been implemented and was not in effect on or before January first,

nineteen hundred ninety-three and which has not enacted a local law

pursuant to paragraph b-1 of this subdivision prior to March 28, 1993,

the following alternate additional penalty schedule shall apply:

(1) Failure to respond to a notice of violation for a parking

violation within eight days may result in the liability, commencing on

the ninth day, for an additional penalty in an amount not to exceed five

dollars;

(2) Failure to respond to a notice of violation for a parking

violation within thirty days may result in the liability, commencing on

the thirty-first day, for the penalty prescribed above for failure to

respond within eight days and an additional penalty not to exceed ten

dollars or, if the first penalty assessed by the city does not exceed

five dollars, such city may assess an additional penalty within

thirty-one to seventy-five days not to exceed ten dollars;

(3) Where a city has given a second notice pursuant to paragraph a of

this subdivision failure to respond to a notice of violation for a

parking violation within seventy-five days may result in the liability,

commencing on the seventy-sixth day, for the penalties prescribed above

for failure to respond within eight days and for failure to respond

within thirty days and an additional penalty not to exceed twenty

dollars; and

(4) Notwithstanding the foregoing schedule of alternate penalties, if

an owner makes a plea or appears within twenty days after issuance of a

second notice of violation in accordance with paragraph a of this

subdivision, or prior to such mailing, such additional penalty shall not

exceed five dollars.

c. Default judgment. Where a city has given notice pursuant to

paragraph a of this subdivision, failure to respond to a notice of

violation for a parking violation within ninety days shall be deemed an

admission of liability and shall subject the owner to a default judgment

being entered thereon in an amount not greater than the amount of the

original fine and accrued penalties plus any applicable surcharges. Such

default shall be reported to the department which department shall cause

a suspension and non-renewal of the owner's registration pursuant to the

provisions of subdivision four-c of section five hundred ten of this

chapter.

3. Nothing set forth in this article shall a. be construed to

authorize the imposition of monetary liability on the owner of a vehicle

for failure of an operator thereof to comply with any provision of law,

rule or regulation through the installation and operation of a photo

enforcement device or system, except as otherwise explicitly authorized

by article twenty-four, twenty-nine or thirty of this chapter, by

section two thousand nine hundred eighty-five of the public authorities

law, or by sections sixteen-a, sixteen-b and sixteen-c of chapter seven

hundred seventy-four of the laws of nineteen hundred fifty, nor b. be

construed to grant any municipality the authority to establish by local

law, ordinance, order, rule, regulation, resolution or any other means,

an administrative tribunal to hear and determine complaints of traffic

infractions or jurisdiction to adjudicate any liability set forth in

subdivision one of this section except for the adjudication of liability

by a traffic camera violations bureau as authorized pursuant to

subdivision one of section two hundred thirty-seven-a of this article.

Creation, personnel. 1. Creation. In any city as hereinbefore

or hereafter authorized such tribunal when created shall be known as the

parking violations bureau and shall have jurisdiction of traffic

infractions which constitute a parking violation and, where authorized:

(a) to adjudicate the liability of owners for violations of subdivision

(d) of section eleven hundred eleven of this chapter imposed pursuant to

a local law or ordinance imposing monetary liability on the owner of a

vehicle for failure of an operator thereof to comply with

traffic-control indications through the installation and operation of

traffic-control signal photo violation-monitoring systems, in accordance

with article twenty-four of this chapter, or (b) to adjudicate the

liability of owners for violations of subdivision (b), (c), (d), (f) or

(g) of section eleven hundred eighty of this chapter imposed pursuant to

a demonstration program imposing monetary liability on the owner of a

vehicle for failure of an operator thereof to comply with such posted

maximum speed limits through the installation and operation of photo

speed violation monitoring systems, in accordance with article thirty of

this chapter, or (c) to adjudicate the liability of owners for

violations of bus lane restrictions as defined by article twenty-four of

this chapter imposed pursuant to a bus rapid transit program imposing

monetary liability on the owner of a vehicle for failure of an operator

thereof to comply with such bus lane restrictions through the

installation and operation of bus lane photo devices, in accordance with

article twenty-four of this chapter, or (d) to adjudicate the liability

of owners for violations of toll collection regulations imposed by

certain public authorities pursuant to the law authorizing such public

authorities to impose monetary liability on the owner of a vehicle for

failure of an operator thereof to comply with toll collection

regulations of such public authorities through the installation and

operation of photo-monitoring systems, in accordance with the provisions

of section two thousand nine hundred eighty-five of the public

authorities law and sections sixteen-a, sixteen-b and sixteen-c of

chapter seven hundred seventy-four of the laws of nineteen hundred

fifty, or (e) to adjudicate the liability of owners for violations of

section eleven hundred seventy-four of this chapter when meeting a

school bus marked and equipped as provided in subdivisions twenty and

twenty-one-c of section three hundred seventy-five of this chapter

imposed pursuant to a local law or ordinance imposing monetary liability

on the owner of a vehicle for failure of an operator thereof to comply

with school bus red visual signals through the installation and

operation of school bus photo violation monitoring systems, in

accordance with article twenty-nine of this chapter, or (f) to

adjudicate the liability of owners for violations of section three

hundred eighty-five of this chapter and the rules of the applicable

covered agency or covered authority as such terms are defined in article

ten of this chapter in relation to gross vehicle weight and/or axle

weight violations imposed pursuant to a weigh in motion demonstration

program imposing monetary liability on the owner of a vehicle for

failure of an operator thereof to comply with such gross vehicle weight

and/or axle weight restrictions through the installation and operation

of weigh in motion violation monitoring systems, in accordance with

article ten of this chapter, or (g) to adjudicate the liability of

owners for violations of subdivision (b), (d), (f) or (g) of section

eleven hundred eighty of this chapter imposed pursuant to a

demonstration program imposing monetary liability on the owner of a

vehicle for failure of an operator thereof to comply with such posted

maximum speed limits within a highway construction or maintenance work

area through the installation and operation of photo speed violation

monitoring systems, in accordance with article thirty of this chapter,

or (h) to adjudicate the liability of owners for violations of bus

operation-related traffic regulations as defined by article twenty-four

of this chapter imposed pursuant to a demonstration program imposing

monetary liability on the owner of a vehicle for failure of an operator

thereof to comply with such bus operation-related traffic regulations

through the installation and operation of bus operation-related photo

devices, in accordance with article twenty-four of this chapter. Such

tribunal, except in a city with a population of one million or more,

shall also have jurisdiction of abandoned vehicle violations. For the

purposes of this article, a parking violation is the violation of any

law, rule or regulation providing for or regulating the parking,

stopping or standing of a vehicle. In addition for purposes of this

article, "commissioner" shall mean and include the commissioner of

traffic of the city or an official possessing authority as such a

commissioner.

1-a. Creation; traffic camera violations bureau. Notwithstanding the

provisions of subdivision one of this section, in any county, city,

village, or town as hereinbefore or hereafter required to establish a

tribunal pursuant to subdivision one-a of section two hundred

thirty-five of this article, such tribunal when created shall be known

as the traffic camera violations bureau and shall have jurisdiction to

adjudicate the liability of owners for violations of section eleven

hundred seventy-four of this chapter when meeting a school bus marked

and equipped as provided in subdivisions twenty and twenty-one-c of

section three hundred seventy-five of this chapter imposed pursuant to a

local law or ordinance imposing monetary liability on the owner of a

vehicle for failure of an operator thereof to comply with school bus red

visual signals through the installation and operation of school bus

photo violation monitoring systems, in accordance with article

twenty-nine of this chapter.

2. Personnel. a. The head of any such bureau established pursuant to

subdivisions one and one-a of this section shall be the director, who

shall be appointed by the commissioner. The director may exercise or

delegate any of the functions, powers and duties conferred upon the

director or the bureau by the commissioner to any qualified officer or

employee of the bureau.

b. The commissioner may appoint such number of deputy directors as the

commissioner shall deem necessary, but in no event to exceed four and

may employ such officers and employees as may be required to perform the

work of the bureau, within the amounts available therefor by

appropriation.

c. The commissioner shall appoint supervising hearing examiners not to

exceed six in number and senior hearing examiners, not to exceed six in

number. Every supervising hearing examiner shall have been admitted to

the practice of law in the state for at least seven years and every

senior hearing examiner for at least six years. The duties of each

supervising hearing examiner and senior hearing examiner shall include,

but not be limited to: (1) presiding at hearings for the adjudication of

charges of parking violations and/or, as applicable, the liability of

owners as authorized pursuant to section two hundred thirty-seven and

subdivision one of section two hundred thirty-seven-a of this article;

(2) the supervision and administration of the work of the bureau; and

(3) membership on the appeals board of the bureau, as herein provided.

d. The commissioner shall appoint hearing examiners who shall preside

at hearings for the adjudication of charges of parking violations

and/or, as applicable, the liability of owners as authorized pursuant to

section two hundred thirty-seven and subdivision one of section two

hundred thirty-seven-a of this article. Hearing examiners shall be

appointed and shall serve for such number of sessions as may be

determined by the commissioner and shall receive therefor, such

remuneration as may be fixed. Such hearing examiners shall not be

considered employees of the county, city, village, or town in which the

administrative tribunal has been established. Every hearing examiner

shall have been admitted to the practice of law in this state for a

period of at least five years, except in cities having a population of

one million or more persons where they shall have been admitted to such

practice for a period of at least three years. Hearing examiners shall

be appointed from a list of eligible candidates who have satisfied the

standards established by a duly constituted committee of the bar

association of the county in which the city, village, or town is

located, or the association of the bar of that city.

2-a. Notwithstanding any other provision of law, in cities with a

population of one million or more, for purposes of this article a

parking violation shall include a violation of section eleven hundred

seventy-five of this chapter, provided that notice to the operator of

the vehicle is provided in like manner as any other violation under this

article.

3. Notwithstanding any inconsistent provision of any general, special

or local law to the contrary, the city of Rochester may provide by local

law for the administrative adjudication in the parking violations bureau

of the city of Rochester of violations of article seven of the

agriculture and markets law or of any local law or ordinance adopted

pursuant thereto relating to the licensing, identification and control

of dogs. Such violations shall be heard and determined in the same

manner as charges of parking violations and a person charged with any

such violation shall have all the rights to a hearing, administrative

adjudication and judicial review which a person charged with a parking

violation has. The parking violations bureau shall have all the

functions, powers and duties with respect to such violations as are

granted with respect to parking violations. Such violations shall be

punishable by a civil penalty which shall not exceed the amounts set out

in article seven of the agriculture and markets law. All moneys

collected shall be the property of the city of Rochester.

4. Notwithstanding any inconsistent provision of any general, special

or local law to the contrary, the city of Buffalo may provide by local

law for the administrative adjudication in the parking violations bureau

of the city of Buffalo of violations of the city's ordinances relating

to the maintenance and utilization of streets and sidewalks in the city

of Buffalo. Such violations shall be heard and determined in the same

manner as charges of parking violations and a person charged with any

such violation shall have all the rights to a hearing, administrative

adjudication and judicial review which a person charged with a parking

violation has. The parking violations bureau shall have all the

functions, powers and duties with respect to such violations as are

granted with respect to parking violations. Such violations shall be

punishable by a civil penalty. All moneys collected shall be the

property of the city of Buffalo.

5. Release of an illegally parked vehicle. a. A parking violations

bureau of a city with a population of one million or more persons may

impose vehicle release penalties in accordance with the provisions of

paragraph b of this subdivision, provided that the commissioner of

transportation of such city has established a procedure for the towing

and impoundment of illegally parked vehicles which permits the release,

at the site of the underlying parking violation, of an illegally parked

vehicle which has been hooked to a tow truck in preparation for towing

from such site if:

(1) the owner or other person lawfully entitled to the possession of

such vehicle appears and requests the release of such vehicle before the

tow truck is in motion,

(2) such owner or other person has a current valid driver's license,

(3) such owner or other person presents either a registration card or

title for the vehicle, and

(4) such owner or other person consents, in writing, to the imposition

of a vehicle release penalty for the underlying parking violation in

accordance with paragraph b of this subdivision.

b. Where a vehicle that is illegally parked is released from a tow

truck under the circumstances described in paragraph a of this

subdivision, a vehicle release penalty, in an amount which shall not

exceed one-half of the fee charged by the department of transportation

of such city for the towing of illegally parked vehicles shall, upon a

plea of guilty, a final determination sustaining the charges or upon

default, be added to the amount of fines and penalties imposed for the

underlying parking violation. The provisions of subdivision two of

section two hundred thirty-seven of this article that limit the amount

of monetary penalties which may be imposed for a parking violation shall

not apply to such vehicle release penalty. In no event shall a vehicle

release penalty be imposed pursuant to this subdivision if the

underlying parking violation is dismissed. The parking violations bureau

of such city may prescribe penalties for non-payment of such vehicle

release penalty which shall be consistent with section two hundred

thirty-five of this article.

Functions, powers and duties of parking violations bureaus. The

parking violations bureau shall have the following functions, powers and

duties:

1. To accept pleas to, and to hear and determine, charges of parking

violations and, except in a city with a population of one million or

more, abandoned vehicle violations;

2. To provide for penalties other than imprisonment for (a) parking

violations in accordance with a schedule of monetary fines and

penalties, provided however, that monetary penalties shall not exceed

fifty dollars for each parking violation other than (i) in a city with a

population of one million or more, violations committed in spaces where

stopping or standing is prohibited for which monetary penalties shall

not exceed one hundred dollars and, (ii) handicapped parking violations

for which monetary penalties shall not exceed one hundred fifty dollars;

and (b) abandoned vehicle violations, except in a city with a population

of one million or more, provided however, that monetary penalties shall

not be less than two hundred fifty dollars nor more than one thousand

dollars for each abandoned vehicle violation; and (c) a city with a

population of one million or more may impose a monetary penalty of up to

two hundred fifty dollars for a first offense and up to five hundred

dollars for subsequent offenses within a six month period for

tractor-trailer combinations, tractors, truck trailers and semi-trailers

parked overnight on streets in residential neighborhoods;

3. To adopt rules and regulations not inconsistent with any applicable

provision of law to carry out the purposes of this article, including

but not limited to rules and regulations prescribing the internal

procedures and organization of the bureau, the manner and time of

entering pleas, the conduct of hearings, and the amount and manner of

payment of penalties;

4. To issue subpoenas to compel the attendance of persons to give

testimony at hearings and to compel the production of relevant books,

papers and other things;

5. To enter judgments and enforce them, without court proceedings, in

the same manner as the enforcement of money judgments in civil actions

in any court of competent jurisdiction or any other place provided for

the entry of civil judgment within the state of New York;

6. To compile and maintain complete and accurate records relating to

all charges and dispositions and to prepare complete and accurate

transcripts of all hearings conducted by the bureau and to furnish such

transcripts to the person charged at said person's own expense upon

timely request, and upon said person complying with the regulations of

the bureau;

7. To remit to the finance administrator, or other appropriate finance

officer, on or before the fifteenth day of each month, all monetary

penalties or fees received by the bureau during the prior calendar

month, along with a statement thereof, and, at the same time, to file

duplicate copies of such statement with the comptroller;

8. To answer within a reasonable period of time all relevant and

reasonable inquiries made by a person charged with a parking violation

or his attorney concerning the notice of violation served on that

person. The bureau must also furnish within a reasonable period of time

to the person charged on his request, and upon complying with the

regulations of the bureau, a copy of the original notice of violation

including all information contained thereon. Failure by the bureau to

comply with the provisions of this subdivision or any part of the

provisions of this subdivision, within forty-five days of such inquiry,

forwarded to the bureau by certified or registered mail, return receipt

requested, will result, upon the request of the person charged, in an

automatic dismissal of all charges relating to and only to that notice

of violation to which the inquiry was made;

9. To prepare and issue a notice of violation in blank to members of

the police department, the fire department, the traffic department and

to other officers as the bureau by regulation shall determine. The

notice of violation or duplicate thereof, when filled in and sworn to or

affirmed by such designated officers, and served as provided in this

article, shall constitute notice of the parking violation charged.

* 10. To adjudicate the liability of owners for violations of

subdivision (d) of section eleven hundred eleven of this chapter in

accordance with section eleven hundred eleven-a of this chapter or

section eleven hundred eleven-b of this chapter as added by section

sixteen of the chapter of the laws of two thousand nine which amended

this subdivision, if authorized by local law adopted pursuant to

subdivision (a) of such section eleven hundred eleven-a or pursuant to

subdivision (a) of such section eleven hundred eleven-b as added by

section sixteen of the chapter of the laws of two thousand nine which

amended this subdivision;

* NB Effective until December 1, 2027

* 10. To adjudicate the liability of owners for violations of

subdivision (d) of section eleven hundred eleven of this chapter in

accordance with section eleven hundred eleven-b of this chapter as added

by section sixteen of the chapter of the laws of two thousand nine which

added this subdivision, if authorized by local law adopted pursuant to

subdivision (a) of such section eleven hundred eleven-b as added by

section sixteen of the chapter of the laws of two thousand nine which

added this subdivision.

* NB Effective December 1, 2027

* NB Repealed December 1, 2029

* 11. To adjudicate the liability of owners for violations of toll

collection regulations as defined in and in accordance with the

provisions of section two thousand nine hundred eighty-five of the

public authorities law and sections sixteen-a, sixteen-b and sixteen-c

of chapter seven hundred seventy-four of the laws of nineteen hundred

fifty;

* NB Effective until July 1, 2028

* 11. To adjudicate the liability of owners for violations of toll

collection regulations as defined in and in accordance with the

provisions of section two thousand nine hundred eighty-five of the

public authorities law and sections sixteen-a, sixteen-b and sixteen-c

of chapter seven hundred seventy-four of the laws of nineteen hundred

fifty;

* NB Effective July 1, 2028

* 12. To adjudicate liability of owners in accordance with section

eleven hundred eleven-c of this chapter for violations of bus lane

restrictions as defined in such section;

* NB Repealed July 1, 2028

* 13. To adjudicate the liability of owners for violations of

subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty

of this chapter in accordance with section eleven hundred eighty-b of

this chapter.

* NB Repealed July 1, 2030

* 14. To adjudicate the liability of owners for violations of

subdivision (d) of section eleven hundred eleven of this chapter in

accordance with section eleven hundred eleven-d of this chapter, if

authorized by local law adopted pursuant to subdivision (a) of such

section eleven hundred eleven-d.

* NB Repealed December 1, 2029

* 15. To adjudicate the liability of owners for violations of

subdivision (d) of section eleven hundred eleven of this chapter in

accordance with section eleven hundred eleven-e of this chapter, if

authorized by local law adopted pursuant to subdivision (a) of such

section eleven hundred eleven-e.

* NB Repealed December 1, 2029

* 16. To adjudicate the liability of owners for violations of section

eleven hundred seventy-four of this chapter in accordance with section

eleven hundred seventy-four-a of this chapter, if authorized by local

law adopted pursuant to subdivision (a) of such section eleven hundred

seventy-four-a.

* NB Effective September 5, 2019 and Repealed December 1, 2029

* 16. To adjudicate the liability of owners for violations of

subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty

of this chapter in accordance with section eleven hundred eighty-d of

this chapter.

* NB Effective September 6, 2019 and Repealed September 6, 2024

Functions, powers and duties of traffic camera violations

bureaus. The traffic camera violations bureau shall have the following

functions, powers and duties:

1. To hear and determine the liability of owners for violations of

section eleven hundred seventy-four of this chapter when meeting a

school bus marked and equipped as provided in subdivisions twenty and

twenty-one-c of section three hundred seventy-five of this chapter

imposed pursuant to a local law or ordinance imposing monetary liability

on the owner of a vehicle for failure of an operator thereof to comply

with school bus red visual signals through the installation and

operation of school bus photo violation monitoring systems, in

accordance with article twenty-nine of this chapter;

2. To provide for penalties in accordance with a local law or

ordinance establishing a demonstration program imposing monetary

liability on the owner of a vehicle for failure of an operator thereof

to comply with school bus red visual signals through the installation

and operation of school bus photo violation monitoring systems, in

accordance with article twenty-nine of this chapter;

3. To adopt rules and regulations not inconsistent with any applicable

provision of law to carry out the purposes of this article, including

but not limited to rules and regulations prescribing the internal

procedures and organization of the bureau, the manner and time of

entering pleas, the conduct of hearings, and the amount and manner of

payment of penalties;

4. To issue subpoenas to compel the attendance of persons to give

testimony at hearings and to compel the production of relevant books,

papers and other things;

5. To enter judgments and enforce them, without court proceedings, in

the same manner as the enforcement of money judgments in civil actions

in any court of competent jurisdiction or any other place provided for

the entry of civil judgment within the state of New York;

6. To compile and maintain complete and accurate records relating to

all notices of liability and dispositions and to prepare complete and

accurate transcripts of all hearings conducted by the bureau and to

furnish such transcripts to the person issued the notice of liability at

said person's own expense upon timely request, and upon said person

complying with the regulations of the bureau;

7. To remit to the chief financial officer of the county, city, town,

or village, on or before the fifteenth day of each month, all monetary

penalties or fees received by the bureau during the prior calendar

month, along with a statement thereof, and, at the same time, to file

duplicate copies of such statement with the comptroller; and

8. To answer within a reasonable period of time all relevant and

reasonable inquiries made by a person issued a notice of liability or

such person's attorney concerning the notice of liability issued to that

person. The bureau must also furnish within a reasonable period of time

to the person issued a notice of liability, on such person's request and

upon complying with the regulations of the bureau, a copy of the

original notice of liability including all information contained

thereon. Failure by the bureau to comply with the provisions of this

subdivision or any part of the provisions of this subdivision, within

forty-five days of such inquiry, forwarded to the bureau by certified or

registered mail, return receipt requested, will result, upon the request

of the person issued the notice of liability, in an automatic dismissal

of all liability relating to and only to that notice of liability to

which the inquiry was made.

Notice of violation. 1. The notice of violation shall contain

information advising the person charged of the manner and the time in

which he may plead either guilty or not guilty to the violation alleged

in the notice. Such notice of violation shall also contain a warning to

advise the person charged that failure to plead in the manner and time

provided shall be deemed an admission of liability and that a default

judgment may be entered thereon. The form and wording of the notice of

violation shall be prescribed by the director. A duplicate of each

notice of violation shall be served on the person charged in the manner

hereinafter provided. The original or a facsimile thereof shall be filed

and retained by the bureau, and shall be deemed a record kept in the

ordinary course of business, and shall be prima facie evidence of the

facts contained therein.

2. A notice of violation shall be served personally upon the operator

of a motor vehicle who is present at the time of service, and his name,

together with the plate designation and the plate type as shown by the

registration plates of said vehicle and the expiration date; the make or

model, and body type of said vehicle; a description of the charged

violation, including but not limited to a reference to the applicable

traffic rule or provision of this chapter; information as to the days

and hours the applicable rule or provision of this chapter is in effect,

unless always in effect pursuant to rule or this chapter and where

appropriate the word ALL when the days and/or hours in effect are

everyday and/or twenty-four hours a day; the meter number for a meter

violation, where appropriate; and the date, time and particular place of

occurrence of the charged violation, shall be inserted therein. A mere

listing of a meter number in cases of charged meter violations shall not

be deemed to constitute a sufficient description of a particular place

of occurrence for purposes of this subdivision. The notice of violation

shall be served upon the owner of the motor vehicle if the operator is

not present, by affixing such notice to said vehicle in a conspicuous

place. Whenever such notice is so affixed, in lieu of inserting the name

of the person charged with the violation in the space provided for the

identification of said person, the words "owner of the vehicle bearing

license" may be inserted to be followed by the plate designation and

plate type as shown by the registration plates of said vehicle together

with the expiration date; the make or model, and body type of said

vehicle; a description of the charged violation, including but not

limited to a reference to the applicable traffic rule or provision of

this chapter; information as to the days and hours the applicable rule

or provision of this chapter is in effect unless always in effect

pursuant to rule or this chapter and where appropriate the word ALL when

the days and/or hours in effect are every day and/or twenty-four hours a

day; the meter number for a meter violation where appropriate; and the

date, time and particular place of occurrence of the charged violation.

Service of the notice of violation, or a duplicate thereof by affixation

as herein provided shall have the same force and effect and shall be

subject to the same penalties for disregard thereof as though the same

was personally served with the name of the person charged with the

violation inserted therein.

2-a. (a) Notwithstanding any inconsistent provision of subdivision two

of this section, where the plate type or the expiration date are not

shown on either the registration plates or sticker of a vehicle or where

the registration sticker is covered, faded, defaced or mutilated so that

it is unreadable, the plate type or the expiration date may be omitted

from the notice of violation; provided, however, such condition must be

so described and inserted on the notice of violation.

(b) If any information which is required to be inserted on a notice of

violation is omitted from the notice of violation, misdescribed, or

illegible, the violation shall be dismissed upon application of the

person charged with the violation.

(c) (i) A determination dismissing a charged parking violation that

has been procured due to the knowing fraud, false testimony,

misrepresentation, or other misconduct, or the knowing alteration of a

notice of parking violation, by the person so charged or his or her

agent, employee, or representative may be set aside by a hearing

examiner as hereinafter provided.

(ii) Notice shall be served on the owner by mail to the last known

registered address within two years of the time that the enforcing

authority discovers, or could with reasonable diligence have discovered,

that the dismissal was procured due to the knowing fraud, false

testimony, misrepresentation, or other misconduct, or the knowing

alteration of a notice of parking violation, by the person so charged or

his or her agent, employee, or representative. Such notice shall fix a

time when and place where a hearing shall be held before a hearing

examiner to determine whether or not dismissal of a charged parking

violation shall be set aside. Such notice shall set forth the basis for

setting aside the dismissal and advise the owner that failure to appear

at the date and time indicated in such notice shall be deemed an

admission of liability and shall result in the setting aside of the

dismissal and entry of a determination on the charged parking violation.

Such notice shall also contain a warning that civil penalties may be

imposed for the violation pursuant to this paragraph and that a default

judgment may be entered thereon.

(iii) Upon a finding by a hearing examiner that the dismissal of a

charged parking violation has been procured due to the knowing fraud,

false testimony, misrepresentation, or other misconduct, or the knowing

alteration of a notice of parking violation, by the person so charged or

his or her agent, employee, or representative, the dismissal shall be

set aside and a determination may be rendered against the owner on the

charged parking violation. The hearing examiner may impose monetary

penalties for the charged parking violation of up to three times the

scheduled fine for the violation and three times the additional

penalties that may be imposed for failure to respond to a notice of

violation pursuant to section two hundred thirty-five of this article.

For purposes of determining the amount of such additional penalties, the

hearing examiner shall disregard the plea that procured the dismissal

that has been set aside and shall calculate such penalties as if there

had been no plea or appearance in the proceeding. In any proceeding

under this paragraph to set aside a determination and to impose

penalties for the violation, it shall not be necessary for the hearing

examiner to find that the owner personally committed the unlawful acts

that procured the dismissal of the violation.

(iv) Failure to appear at a hearing in response to a notice issued

pursuant to this paragraph shall be deemed to be an admission of

liability for the charged parking violation as set forth in the original

notice of violation and a default judgment may be entered against the

owner in the maximum amount set forth in subparagraph (iii) of this

paragraph.

(v) Notwithstanding any inconsistent provision of section two hundred

forty-one of this article, a default judgment may be entered pursuant to

this paragraph more than two years after the expiration of the time

prescribed for entering a plea or contesting an allegation, but no more

than two years of the time that the enforcing authority discovers, or

could with reasonable diligence have discovered, that the dismissal was

procured due to the knowing fraud, false testimony, misrepresentation,

or other misconduct, or the knowing alteration of a notice of parking

violation.

3. For purposes of this section, an operator of a vehicle who is not

the owner thereof but who uses or operates such vehicle with the

permission of the owner, express or implied, shall be deemed to be the

agent of such owner to receive notices of violation, whether personally

served on such operator or served by affixation in the manner aforesaid,

and service made in either manner as herein provided shall also be

deemed to be lawful service upon such owner.

Ownership and operation of vehicles; liability. 1. Definitions.

Whenever used in this article, the following terms shall have the

following meanings:

a. "Owner" means any person, corporation, partnership, firm, agency,

association, lessor, or organization who at the time of the issuance of

a notice of violation in any city in which a vehicle is operated:

(1) is the beneficial or equitable owner of such vehicle; or

(2) has title to such vehicle; or

(3) is the registrant or co-registrant of such vehicle which is

registered with the department of motor vehicles of this state or any

other state, territory, district, province, nation or other

jurisdiction; or

(4) uses such vehicle in its vehicle renting and/or leasing business;

or

(5) is an owner of such vehicle as defined by section one hundred

twenty-eight of this chapter or subdivision (a) of section twenty-one

hundred one of this chapter.

b. "Lessor" means any person, corporation, firm, partnership, agency,

association or organization engaged in the business of renting or

leasing vehicles to any lessee or bailee under a rental agreement, lease

or otherwise, wherein the said lessee or bailee has the exclusive use of

said vehicle for any period of time.

c. "Lessee" means any person, corporation, firm, partnership, agency,

association or organization that rents, bails, leases or contracts for

the use of one or more vehicles and has the exclusive use thereof for

any period of time.

d. "Vehicle" means a vehicle as defined in section one hundred

fifty-nine of this chapter.

e. "Operator" means any person, corporation, firm, partnership,

agency, association, organization or lessee that uses or operates a

vehicle with or without the permission of the owner, and an owner who

operates his own vehicle.

f. "Notice of violation" means a notice of violation as defined in

subdivision nine of section two hundred thirty-seven of this article,

but shall not be deemed to include a notice of liability issued pursuant

to authorization set forth in articles ten, twenty-four, twenty-nine and

thirty of this chapter, section two thousand nine hundred eighty-five of

the public authorities law and sections sixteen-a, sixteen-b and

sixteen-c of chapter seven hundred seventy-four of the laws of nineteen

hundred fifty to impose monetary liability on the owner of a vehicle for

failure of an operator thereof: to comply with traffic-control

indications in violation of subdivision (d) of section eleven hundred

eleven of this chapter through the installation and operation of

traffic-control signal photo violation-monitoring systems, in accordance

with article twenty-four of this chapter; or to comply with certain

posted maximum speed limits in violation of subdivision (b), (c), (d),

(f) or (g) of section eleven hundred eighty of this chapter through the

installation and operation of photo speed violation monitoring systems,

in accordance with article thirty of this chapter; or to comply with bus

lane restrictions as defined by article twenty-four of this chapter

through the installation and operation of bus lane photo devices, in

accordance with article twenty-four of this chapter; or to comply with

toll collection regulations of certain public authorities through the

installation and operation of photo-monitoring systems, in accordance

with the provisions of section two thousand nine hundred eighty-five of

the public authorities law and sections sixteen-a, sixteen-b and

sixteen-c of chapter seven hundred seventy-four of the laws of nineteen

hundred fifty; or to stop for a school bus displaying a red visual

signal in violation of section eleven hundred seventy-four of this

chapter through the installation and operation of school bus photo

violation monitoring systems, in accordance with article twenty-nine of

this chapter; or to comply with certain posted maximum speed limits in

violation of subdivision (b), (d), (f) or (g) of section eleven hundred

eighty of this chapter within a highway construction or maintenance work

area through the installation and operation of photo speed violation

monitoring systems, in accordance with article thirty of this chapter;

or to comply with gross vehicle weight and/or axle weight restrictions

in violation of section three hundred eighty-five of this chapter and

the rules of the applicable covered agency or covered authority as such

terms are defined in article ten of this chapter through the

installation and operation of weigh in motion violation monitoring

systems, in accordance with article ten of this chapter; or to comply

with bus operation-related traffic regulations as defined by article

twenty-four of this chapter in violation of the rules of the department

of transportation of the city of New York through the installation and

operation of bus operation-related photo devices, in accordance with

article twenty-four of this chapter.

g. "Fiscal year" means a period of one year commencing on the first

day of July and terminating on the thirtieth day of June.

h. "Primary filing" means the initial filing of registration plate

numbers by a lessor prior to the commencement of each fiscal year.

2. Liability. a. The operator of a vehicle shall be liable for the

fines or penalties imposed pursuant to this article. Except as otherwise

provided in paragraphs b and e of this subdivision, the owner of the

vehicle, even if not the operator thereof, shall be jointly and

severally liable with the operator thereof, if such vehicle was used or

operated with the permission of the owner, express or implied, but in

such case the owner may recover any fine or penalties paid by him from

the operator.

b. The lessor of a motor vehicle shall not be liable for fines or

penalties imposed pursuant to this article if:

(1) prior to the infraction, the lessor has filed with the bureau the

registration plate number, plate type, and place of registration of the

vehicle to which the notice of violation was issued and paid the

required filing fee provided in paragraph f of this subdivision and,

(2) within thirty-seven days after receiving notice from the bureau of

the date and time of a violation, together with the other information

contained in the original notice of violation, the lessor submits to the

bureau the correct name and address of the lessee of the vehicle

identified in the notice of violation at the time of such violation,

together with such other additional information contained in the rental,

lease or other contract document, as may be reasonably required by the

bureau pursuant to regulations that may be promulgated for such purpose.

c. If the lessor has complied with subparagraph one of paragraph b of

this subdivision such lessor shall not be liable for any penalties in

excess of the scheduled fine unless such lessor fails to appear within

thirty-seven days of actual receipt of a notice of violation pursuant to

paragraph e of this subdivision.

d. If the lessor who has complied with subparagraph one of paragraph b

of this subdivision has paid any fine or penalty for which he is liable

and the bureau subsequently collects from the operator or lessee the

amount of the scheduled fine and penalty owed by such person, or any

portion thereof, the lessor shall be entitled to reimbursement from the

bureau of the amount of the fine and penalty paid by the lessor, less

the bureau's costs of collection.

e. The lessor shall not be liable for any fines or penalties in

connection with a notice of violation for a vehicle whose registration

plate number is filed and the fee therefor paid prior to the time of the

issuance of notice of violation, unless the lessor shall receive notice

from the bureau of the date and time of such violation, together with

the other information contained in the original notice of violation,

within ninety days after service of the notice of violation, in

accordance with subdivision two of section two hundred thirty-eight of

this article.

f. The annual fee for filing a registration plate number with the

bureau by lessors under this section shall be twelve dollars per fiscal

year. Lessors shall also provide the bureau with such other additional

information in such format as the bureau by regulation may reasonably

require. The registration plate number shall not be considered filed

with the bureau unless the annual filing fee provided for in this

subdivision shall have been paid. Lessors shall not be entitled to a

refund, reduction, credit or other consideration in connection with such

annual filing fee in the event that such registration plate number is

withdrawn from service, destroyed or surrendered during the fiscal year

for which such registration plate number shall have been filed. In the

event that a lessor files with the bureau registration plate numbers

during the fiscal year, the annual filing fee for same shall be prorated

on a monthly basis, in accordance with a schedule that the bureau shall

promulgate by regulation for such purpose. The primary filing by each

lessor for each fiscal year shall be made at least thirty days prior to

the commencement of the fiscal year.

g. Where the United States postal authorities return to the bureau a

delinquency notice forwarded by the bureau to a name and address of a

lessee furnished by a lessor in accordance with provisions of this

section, such return notice shall be presumptive evidence of the

furnishing of an incorrect name and address by the lessor. The lessor

may, however, conclusively rebut such presumption if within sixty days

after receiving notification from the bureau of such returned mail

notice, the lessor shall provide to the bureau a copy of the rental

agreement or lease agreement for such lessee containing the name and

address previously furnished to the bureau. In the event that a lessor

shall fail to rebut the presumption established by this subdivision, the

lessor shall be liable for the fines imposed pursuant to this article

and in accordance with the rules and regulations promulgated by the

bureau.

h. The bureau shall by rules and regulations prescribe the manner and

method of giving notice of outstanding violations to the lessees, except

that notices of impending default judgment shall be forwarded by first

class mail, in accordance with subdivision two of section two hundred

forty-one of this article. All notices to lessors under this section

shall be by first class mail to the address on file with the bureau or

by such other means as shall be provided for in the rules and

regulations of the bureau.

i. A lessor shall cooperate with the bureau in the enforcement of

judgments rendered against lessees or providing the bureau, or its

designated agents, with such other additional information as shall be

contained in such lessor's rental or lease agreements with their lessees

as shall be available to them.

3. Stolen vehicles. If any owner of a motor vehicle receives a notice

of violation for a period during which the illegally parked vehicle was

reported to any police department as having been stolen, it shall be a

valid defense to any charge of a parking violation that the motor

vehicle had been reported to the police as stolen prior to the time the

violation occurred and had not been recovered by such time. For the

purposes of asserting the defense provided by this subdivision, it shall

be sufficient that a certified copy of the police report of the stolen

vehicle be mailed to the bureau.

* 4. Applicability. The provisions of paragraph b of subdivision two

and subdivision three of this section shall not be applicable to

determinations of owner liability for the failure of an operator to

comply with subdivision (d) of section eleven hundred eleven of this

chapter and shall not be applicable to determinations of owner liability

imposed pursuant to section two thousand nine hundred eighty-five of the

public authorities law and sections sixteen-a, sixteen-b and sixteen-c

of chapter seven hundred seventy-four of the laws of nineteen hundred

fifty and shall not be applicable to determinations of owner liability

for the failure of an operator to comply with subdivision (b), (c), (d),

(f) or (g) of section eleven hundred eighty of this chapter.

* NB Effective until July 1, 2030

* 4. Applicability. The provisions of paragraph b of subdivision two

and subdivision three of this section shall not be applicable to

determinations of owner liability for the failure of an operator to

comply with subdivision (d) of section eleven hundred eleven of this

chapter and shall not be applicable to determinations of owner liability

imposed pursuant to section two thousand nine hundred eighty-five of the

public authorities law and sections sixteen-a, sixteen-b and sixteen-c

of chapter seven hundred seventy-four of the laws of nineteen hundred

fifty.

* NB Effective July 1, 2030

Hearings, notice and conduct. 1. Notice of hearing. Whenever a

person charged with a parking violation enters a plea of not guilty; or

a person alleged to be liable in accordance with any provisions of law

specifically authorizing the imposition of monetary liability on the

owner of a vehicle for failure of an operator thereof: to comply with

traffic-control indications in violation of subdivision (d) of section

eleven hundred eleven of this chapter through the installation and

operation of traffic-control signal photo violation-monitoring systems,

in accordance with article twenty-four of this chapter; or to comply

with certain posted maximum speed limits in violation of subdivision

(b), (c), (d), (f) or (g) of section eleven hundred eighty of this

chapter through the installation and operation of photo speed violation

monitoring systems, in accordance with article thirty of this chapter;

or to comply with bus lane restrictions as defined by article

twenty-four of this chapter through the installation and operation of

bus lane photo devices, in accordance with article twenty-four of this

chapter; or to comply with toll collection regulations of certain public

authorities through the installation and operation of photo-monitoring

systems, in accordance with the provisions of section two thousand nine

hundred eighty-five of the public authorities law and sections

sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four

of the laws of nineteen hundred fifty; or to stop for a school bus

displaying a red visual signal in violation of section eleven hundred

seventy-four of this chapter through the installation and operation of

school bus photo violation monitoring systems, in accordance with

article twenty-nine of this chapter; or to comply with certain posted

maximum speed limits in violation of subdivision (b), (d), (f) or (g) of

section eleven hundred eighty of this chapter within a highway

construction or maintenance work area through the installation and

operation of photo speed violation monitoring systems, in accordance

with article thirty of this chapter; or to comply with gross vehicle

weight and/or axle weight restrictions in violation of section three

hundred eighty-five of this chapter and the rules of the applicable

covered agency or covered authority as such terms are defined in article

ten of this chapter through the installation and operation of weigh in

motion violation monitoring systems, in accordance with article ten of

this chapter; or to comply with bus operation-related traffic

regulations as defined by article twenty-four of this chapter in

violation of the rules of the department of transportation of the city

of New York through the installation and operation of bus

operation-related photo devices, in accordance with article twenty-four

of this chapter, contests such allegation, the parking violations bureau

or the traffic camera violations bureau, as applicable, shall advise

such person personally by such form of first class mail as the director

may direct of the date on which such person must appear to answer the

charge at a hearing. The form and content of such notice of hearing

shall be prescribed by the director, and shall contain a warning to

advise the person so pleading or contesting that failure to appear on

the date designated, or on any subsequent adjourned date, shall be

deemed an admission of liability, and that a default judgment may be

entered thereon.

1-a. Fines and penalties. Whenever a plea of not guilty has been

entered, or the parking violations bureau or the traffic camera

violations bureau, as applicable, has been notified that an allegation

of liability in accordance with provisions of law specifically

authorizing the imposition of monetary liability on the owner of a

vehicle for failure of an operator thereof: to comply with

traffic-control indications in violation of subdivision (d) of section

eleven hundred eleven of this chapter through the installation and

operation of traffic-control signal photo violation-monitoring systems,

in accordance with article twenty-four of this chapter; or to comply

with certain posted maximum speed limits in violation of subdivision

(b), (c), (d), (f) or (g) of section eleven hundred eighty of this

chapter through the installation and operation of photo speed violation

monitoring systems, in accordance with article thirty of this chapter;

or to comply with bus lane restrictions as defined by article

twenty-four of this chapter through the installation and operation of

bus lane photo devices, in accordance with article twenty-four of this

chapter; or to comply with toll collection regulations of certain public

authorities through the installation and operation of photo-monitoring

systems, in accordance with the provisions of section two thousand nine

hundred eighty-five of the public authorities law and sections

sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four

of the laws of nineteen hundred fifty; or to stop for a school bus

displaying a red visual signal in violation of section eleven hundred

seventy-four of this chapter through the installation and operation of

school bus photo violation monitoring systems, in accordance with

article twenty-nine of this chapter; or to comply with certain posted

maximum speed limits in violation of subdivision (b), (d), (f) or (g) of

section eleven hundred eighty of this chapter within a highway

construction or maintenance work area through the installation and

operation of photo speed violation monitoring systems, in accordance

with article thirty of this chapter; or to comply with gross vehicle

weight and/or axle weight restrictions in violation of section three

hundred eighty-five of this chapter and the rules of the applicable

covered agency or covered authority as such terms are defined in article

ten of this chapter through the installation and operation of weigh in

motion violation monitoring systems, in accordance with article ten of

this chapter; or to comply with bus operation-related traffic

regulations as defined by article twenty-four of this chapter in

violation of the rules of the department of transportation of the city

of New York through the installation and operation of bus

operation-related photo devices, in accordance with article twenty-four

of this chapter, is being contested, by a person in a timely fashion and

a hearing upon the merits has been demanded, but has not yet been held,

the applicable bureau shall not issue any notice of fine or penalty to

that person prior to the date of the hearing.

1-b. (a) In a city having a population of one million or more, at

every hearing for the adjudication of a notice of liability, as provided

by this article, there shall be a rebuttable presumption that the owner

of a first-response emergency vehicle alleged to be liable in accordance

with any provisions of law specifically authorizing the imposition of

monetary liability on the owner of a vehicle for failure of an operator

thereof: to comply with traffic-control indications in violation of

subdivision (d) of section eleven hundred eleven of this chapter through

the installation and operation of traffic-control signal photo

violation-monitoring systems, in accordance with article twenty-four of

this chapter; or to comply with certain posted maximum speed limits in

violation of subdivision (b), (c), (d), (f) or (g) of section eleven

hundred eighty of this chapter through the installation and operation of

photo speed violation monitoring systems, in accordance with article

thirty of this chapter; or to comply with bus lane restrictions as

defined by article twenty-four of this chapter through the installation

and operation of bus lane photo devices, in accordance with article

twenty-four of this chapter; or to comply with bus operation-related

traffic regulations as defined by article twenty-four of this chapter in

violation of the rules of the department of transportation of the city

of New York through the installation and operation of bus

operation-related photo devices, in accordance with article twenty-four

of this chapter is not liable for such alleged violation if such owner

of the first-response emergency vehicle provides the hearing officer

with:

(i) a signed and affirmed affidavit attesting that the operator of the

first-response emergency vehicle at the time of the alleged violation is

a medically-trained first responder and that the alleged violation

occurred while the operator of the first-response emergency vehicle was

involved in an emergency operation in such vehicle in response to a

medical emergency call; and

(ii) documentation supporting the dispatch of the medical emergency

call and the dispatch of the operator and the first-response emergency

vehicle to the scene of the medical emergency.

(b) As used in this subdivision, "first-response emergency vehicle"

shall mean ambulances as defined in section one hundred-b of this

chapter and emergency ambulance service vehicles as defined in section

one hundred fifteen-c of this chapter.

2. Conduct of hearings. a. Every hearing for the adjudication of a

charge of parking violation or an allegation of liability of an owner

for a violation of subdivision (d) of section eleven hundred eleven of

this chapter imposed pursuant to a local law or ordinance imposing

monetary liability on the owner of a vehicle for failure of an operator

thereof to comply with traffic-control indications through the

installation and operation of traffic-control signal photo

violation-monitoring systems, in accordance with article twenty-four of

this chapter, or an allegation of liability of an owner for a violation

of subdivision (b), (c), (d), (f) or (g) of section eleven hundred

eighty of this chapter imposed pursuant to a demonstration program

imposing monetary liability on the owner of a vehicle for failure of an

operator thereof to comply with certain posted maximum speed limits

through the installation and operation of photo speed violation

monitoring systems, in accordance with article thirty of this chapter,

or an allegation of liability of an owner for a violation of bus lane

restrictions as defined by article twenty-four of this chapter imposed

pursuant to a bus rapid transit program imposing monetary liability on

the owner of a vehicle for failure of an operator thereof to comply with

such bus lane restrictions through the installation and operation of bus

lane photo devices, in accordance with article twenty-four of this

chapter, or an allegation of liability of an owner for a violation of

toll collection regulations imposed by certain public authorities

pursuant to the law authorizing such public authorities to impose

monetary liability on the owner of a vehicle for failure of an operator

thereof to comply with toll collection regulations of such public

authorities through the installation and operation of photo-monitoring

systems, in accordance with the provisions of section two thousand nine

hundred eighty-five of the public authorities law and sections

sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four

of the laws of nineteen hundred fifty, or an allegation of liability of

an owner for a violation of section eleven hundred seventy-four of this

chapter when meeting a school bus marked and equipped as provided in

subdivisions twenty and twenty-one-c of section three hundred

seventy-five of this chapter imposed pursuant to a local law or

ordinance imposing monetary liability on the owner of a vehicle for

failure of an operator thereof to comply with school bus red visual

signals through the installation and operation of school bus photo

violation monitoring systems, in accordance with article twenty-nine of

this chapter, or an allegation of liability of an owner for a violation

of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of

this chapter imposed pursuant to a demonstration program imposing

monetary liability on the owner of a vehicle for failure of an operator

thereof to comply with certain posted maximum speed limits within a

highway construction or maintenance work area through the installation

and operation of photo speed violation monitoring systems, in accordance

with article thirty of this chapter, or an allegation of liability of an

owner for a violation of section three hundred eighty-five of this

chapter and the rules of the applicable covered agency or covered

authority as such terms are defined in article ten of this chapter in

relation to gross vehicle weight and/or axle weight violations imposed

pursuant to a weigh in motion demonstration program imposing monetary

liability on the owner of a vehicle for failure of an operator thereof

to comply with such gross vehicle weight and/or axle weight restrictions

through the installation and operation of weigh in motion violation

monitoring systems, in accordance with article ten of this chapter, or

an allegation of liability of an owner for a violation of bus

operation-related traffic regulations as defined by article twenty-four

of this chapter imposed pursuant to a demonstration program imposing

monetary liability on the owner of a vehicle for failure of an operator

thereof to comply with such bus operation-related traffic regulations

through the installation and operation of bus operation-related photo

devices, in accordance with article twenty-four of this chapter, shall

be held before a hearing examiner in accordance with rules and

regulations promulgated by the parking violations bureau or the traffic

camera violations bureau, as applicable.

b. No charge may be established except upon proof by substantial

evidence.

c. The hearing examiner shall not be bound by the rules of evidence in

the conduct of the hearing, except rules relating to privileged

communications.

d. The hearing examiner shall at the request of the person charged on

a showing of good cause and need therefor, or in his own discretion,

issue a subpoena to compel the appearance at a hearing of the officer

who served the notice of violation or of other persons to give

testimony, and may issue a subpoena duces tecum to compel the production

for examination or introduction into evidence, of any book, paper or

other thing relevant to the charges.

e. In the case of a refusal to obey a subpoena, the parking violations

bureau or the traffic camera violations bureau, as applicable, may make

application to the Supreme Court pursuant to section twenty-three

hundred eight of the civil practice law and rules, for an order

requiring such appearance, testimony or production of evidence.

f. The hearing examiner shall not examine the prior violation record

of a person charged before making a determination.

g. A record shall be made of a hearing on a plea of not guilty or of a

hearing at which liability in accordance with any provisions of law

specifically authorizing the imposition of monetary liability on the

owner of a vehicle for failure of an operator thereof: to comply with

traffic-control indications in violation of subdivision (d) of section

eleven hundred eleven of this chapter through the installation and

operation of traffic-control signal photo violation-monitoring systems,

in accordance with article twenty-four of this chapter; to comply with

certain posted maximum speed limits in violation of subdivision (b),

(c), (d), (f) or (g) of section eleven hundred eighty of this chapter

through the installation and operation of photo speed violation

monitoring systems, in accordance with article thirty of this chapter;

to comply with bus lane restrictions as defined by article twenty-four

of this chapter through the installation and operation of bus lane photo

devices, in accordance with article twenty-four of this chapter; to

comply with toll collection regulations of certain public authorities

through the installation and operation of photo-monitoring systems, in

accordance with the provisions of section two thousand nine hundred

eighty-five of the public authorities law and sections sixteen-a,

sixteen-b and sixteen-c of chapter seven hundred seventy-four of the

laws of nineteen hundred fifty; to stop for a school bus displaying a

red visual signal in violation of section eleven hundred seventy-four of

this chapter through the installation and operation of school bus photo

violation monitoring systems, in accordance with article twenty-nine of

this chapter; to comply with certain posted maximum speed limits in

violation of subdivision (b), (d), (f) or (g) of section eleven hundred

eighty of this chapter within a highway construction or maintenance work

area through the installation and operation of photo speed violation

monitoring systems, in accordance with article thirty of this chapter;

to comply with gross vehicle weight and/or axle weight restrictions in

violation of section three hundred eighty-five of this chapter and the

rules of the applicable covered agency or covered authority as such

terms are defined in article ten of this chapter through the

installation and operation of weigh in motion violation monitoring

systems, in accordance with article ten of this chapter; or to comply

with bus operation-related traffic regulations as defined by article

twenty-four of this chapter in violation of the rules of the department

of transportation of the city of New York through the installation and

operation of bus operation-related photo devices, in accordance with

article twenty-four of this chapter, is contested. Recording devices may

be used for the making of the record.

Final determinations, judgments. 1. The hearing examiner shall

make a determination on the charges, either sustaining or dismissing

them. Where the hearing examiner determines that the charges have been

sustained such hearing examiner may examine either the prior parking

violations record or the record of liabilities incurred in accordance

with any provisions of law specifically authorizing the imposition of

monetary liability on the owner of a vehicle for failure of an operator

thereof: to comply with traffic-control indications in violation of

subdivision (d) of section eleven hundred eleven of this chapter through

the installation and operation of traffic-control signal photo

violation-monitoring systems, in accordance with article twenty-four of

this chapter; to comply with certain posted maximum speed limits in

violation of subdivision (b), (c), (d), (f) or (g) of section eleven

hundred eighty of this chapter through the installation and operation of

photo speed violation monitoring systems, in accordance with article

thirty of this chapter; to comply with bus lane restrictions as defined

by article twenty-four of this chapter through the installation and

operation of bus lane photo devices, in accordance with article

twenty-four of this chapter; to comply with toll collection regulations

of certain public authorities through the installation and operation of

photo-monitoring systems, in accordance with the provisions of section

two thousand nine hundred eighty-five of the public authorities law and

sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred

seventy-four of the laws of nineteen hundred fifty; to stop for a school

bus displaying a red visual signal in violation of section eleven

hundred seventy-four of this chapter through the installation and

operation of school bus photo violation monitoring systems, in

accordance with article twenty-nine of this chapter; to comply with

certain posted maximum speed limits in violation of subdivision (b),

(d), (f) or (g) of section eleven hundred eighty of this chapter within

a highway construction or maintenance work area through the installation

and operation of photo speed violation monitoring systems, in accordance

with article thirty of this chapter; to comply with gross vehicle weight

and/or axle weight restrictions in violation of section three hundred

eighty-five of this chapter and the rules of the applicable covered

agency or covered authority as such terms are defined in article ten of

this chapter through the installation and operation of weigh in motion

violation monitoring systems, in accordance with article ten of this

chapter; or to comply with bus operation-related traffic regulations as

defined by article twenty-four of this chapter in violation of the rules

of the department of transportation of the city of New York through the

installation and operation of bus operation-related photo devices, in

accordance with article twenty-four of this chapter, of the person

charged, as applicable prior to rendering a final determination. Final

determinations sustaining or dismissing charges shall be entered on a

final determination roll maintained by the parking violations bureau or

the traffic camera violations bureau, as applicable, together with

records showing payment and nonpayment of penalties.

2. Where an operator or owner fails to enter a plea to a charge of a

parking violation or contest an allegation of liability in accordance

with any provisions of law specifically authorizing the imposition of

monetary liability on the owner of a vehicle for failure of an operator

thereof: to comply with traffic-control indications in violation of

subdivision (d) of section eleven hundred eleven of this chapter through

the installation and operation of traffic-control signal photo

violation-monitoring systems, in accordance with article twenty-four of

this chapter; to comply with certain posted maximum speed limits in

violation of subdivision (b), (c), (d), (f) or (g) of section eleven

hundred eighty of this chapter through the installation and operation of

photo speed violation monitoring systems, in accordance with article

thirty of this chapter; to comply with bus lane restrictions as defined

by article twenty-four of this chapter through the installation and

operation of bus lane photo devices, in accordance with article

twenty-four of this chapter; to comply with toll collection regulations

of certain public authorities through the installation and operation of

photo-monitoring systems, in accordance with the provisions of section

two thousand nine hundred eighty-five of the public authorities law and

sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred

seventy-four of the laws of nineteen hundred fifty; to stop for a school

bus displaying a red visual signal in violation of section eleven

hundred seventy-four of this chapter through the installation and

operation of school bus photo violation monitoring systems, in

accordance with article twenty-nine of this chapter; to comply with

certain posted maximum speed limits in violation of subdivision (b),

(d), (f) or (g) of section eleven hundred eighty of this chapter within

a highway construction or maintenance work area through the installation

and operation of photo speed violation monitoring systems, in accordance

with article thirty of this chapter; to comply with gross vehicle weight

and/or axle weight restrictions in violation of section three hundred

eighty-five of this chapter and the rules of the applicable covered

agency or covered authority as such terms are defined in article ten of

this chapter through the installation and operation of weigh in motion

violation monitoring systems, in accordance with article ten of this

chapter; or to comply with bus operation-related traffic regulations as

defined by article twenty-four of this chapter in violation of the rules

of the department of transportation of the city of New York through the

installation and operation of bus operation-related photo devices, in

accordance with article twenty-four of this chapter, or fails to appear

on a designated hearing date or subsequent adjourned date or fails after

a hearing to comply with the determination of a hearing examiner, as

prescribed by this article or by rule or regulation of the parking

violations bureau or the traffic camera violations bureau, as

applicable, such failure to plead or contest, appear or comply shall be

deemed, for all purposes, an admission of liability and shall be grounds

for rendering and entering a default judgment in an amount provided by

the rules and regulations of such bureau. However, after the expiration

of the original date prescribed for entering a plea and before a default

judgment may be rendered, in such case the applicable bureau shall

pursuant to the applicable provisions of law notify such operator or

owner, by such form of first class mail as the commission may direct;

(1) of the violation charged, or liability alleged in accordance with

any provisions of law specifically authorizing the imposition of

monetary liability on the owner of a vehicle for failure of an operator

thereof: to comply with traffic-control indications in violation of

subdivision (d) of section eleven hundred eleven of this chapter through

the installation and operation of traffic-control signal photo

violation-monitoring systems, in accordance with article twenty-four of

this chapter; to comply with certain posted maximum speed limits in

violation of subdivision (b), (c), (d), (f) or (g) of section eleven

hundred eighty of this chapter through the installation and operation of

photo speed violation monitoring systems, in accordance with article

thirty of this chapter; to comply with bus lane restrictions as defined

by article twenty-four of this chapter through the installation and

operation of bus lane photo devices, in accordance with article

twenty-four of this chapter; to comply with toll collection regulations

of certain public authorities through the installation and operation of

photo-monitoring systems, in accordance with the provisions of section

two thousand nine hundred eighty-five of the public authorities law and

sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred

seventy-four of the laws of nineteen hundred fifty; to stop for a school

bus displaying a red visual signal in violation of section eleven

hundred seventy-four of this chapter through the installation and

operation of school bus photo violation monitoring systems, in

accordance with article twenty-nine of this chapter; to comply with

certain posted maximum speed limits in violation of subdivision (b),

(d), (f) or (g) of section eleven hundred eighty of this chapter within

a highway construction or maintenance work area through the installation

and operation of photo speed violation monitoring systems, in accordance

with article thirty of this chapter; to comply with gross vehicle weight

and/or axle weight restrictions in violation of section three hundred

eighty-five of this chapter and the rules of the applicable covered

agency or covered authority as such terms are defined in article ten of

this chapter through the installation and operation of weigh in motion

violation monitoring systems, in accordance with article ten of this

chapter; or to comply with bus operation-related traffic regulations as

defined by article twenty-four of this chapter in violation of the rules

of the department of transportation of the city of New York through the

installation and operation of bus operation-related photo devices, in

accordance with article twenty-four of this chapter, (2) of the

impending default judgment, (3) that such judgment will be entered in

the Civil Court of the city in which such bureau has been established,

or other court of civil jurisdiction or any other place provided for the

entry of civil judgments within the state of New York, and (4) that a

default may be avoided by entering a plea or contesting an allegation of

liability in accordance with any provisions of law specifically

authorizing the imposition of monetary liability on the owner of a

vehicle for failure of an operator thereof: to comply with

traffic-control indications in violation of subdivision (d) of section

eleven hundred eleven of this chapter through the installation and

operation of traffic-control signal photo violation-monitoring systems,

in accordance with article twenty-four of this chapter; to comply with

certain posted maximum speed limits in violation of subdivision (b),

(c), (d), (f) or (g) of section eleven hundred eighty of this chapter

through the installation and operation of photo speed violation

monitoring systems, in accordance with article thirty of this chapter;

to comply with bus lane restrictions as defined by article twenty-four

of this chapter through the installation and operation of bus lane photo

devices, in accordance with article twenty-four of this chapter; to

comply with toll collection regulations of certain public authorities

through the installation and operation of photo-monitoring systems, in

accordance with the provisions of section two thousand nine hundred

eighty-five of the public authorities law and sections sixteen-a,

sixteen-b and sixteen-c of chapter seven hundred seventy-four of the

laws of nineteen hundred fifty; to stop for a school bus displaying a

red visual signal in violation of section eleven hundred seventy-four of

this chapter through the installation and operation of school bus photo

violation monitoring systems, in accordance with article twenty-nine of

this chapter; to comply with certain posted maximum speed limits in

violation of subdivision (b), (d), (f) or (g) of section eleven hundred

eighty of this chapter within a highway construction or maintenance work

area through the installation and operation of photo speed violation

monitoring systems, in accordance with article thirty of this chapter;

to comply with gross vehicle weight and/or axle weight restrictions in

violation of section three hundred eighty-five of this chapter and the

rules of the applicable covered agency or covered authority as such

terms are defined in article ten of this chapter through the

installation and operation of weigh in motion violation monitoring

systems, in accordance with article ten of this chapter; or to comply

with bus operation-related traffic regulations as defined by article

twenty-four of this chapter in violation of the rules of the department

of transportation of the city of New York through the installation and

operation of bus operation-related photo devices, in accordance with

article twenty-four of this chapter; or making an appearance within

thirty days of the sending of such notice. Pleas entered and allegations

contested within that period shall be in the manner prescribed in the

notice and not subject to additional penalty or fee. Such notice of

impending default judgment shall not be required prior to the rendering

and entry thereof in the case of operators or owners who are

non-residents of the state of New York. In no case shall a default

judgment be rendered or, where required, a notice of impending default

judgment be sent, more than two years after the expiration of the time

prescribed for entering a plea or contesting an allegation. When a

person has demanded a hearing, no fine or penalty shall be imposed for

any reason, prior to the holding of the hearing. If the hearing examiner

shall make a determination on the charges, sustaining them, such hearing

examiner shall impose no greater penalty or fine than those upon which

the person was originally charged.

3. A judgment entered pursuant to the provisions of this section shall

remain in full force and effect for eight years notwithstanding any

other provision of law.

Complaint procedure for satisfied or wrongfully imposed fine

or penalty. 1. (a) Every city with a population of more than one million

inhabitants that has established a parking violations bureau shall

establish, within such bureau, a properly staffed complaint unit of

public service representatives to respond to complaints from any person

who, after having satisfied, by payment, adjudication, or administrative

action, any fine or penalty for a parking violation or after having

proven that a fine or penalty was wrongfully imposed on this person,

receives a demand for payment of the fine or penalty previously

satisfied or wrongfully imposed, or is denied any registration or

renewal application by the department of motor vehicles upon a

certification from such parking violations bureau based upon lack of

payment of any fine or penalty previously satisfied or wrongfully

imposed. The complaint unit established under this section shall accept

complaints either in person or by certified mail, return receipt

requested. Each written demand for payment, other than the first demand

following issuance of the notice of violation, shall advise the

addressee of the existence of the complaint unit and the procedure for

submitting a complaint. Upon receipt of a complaint, if in person, or

within ten work days after receipt of a complaint if by mail, the

complaint unit shall acknowledge receipt in writing and notify the

complainant of the procedure for further review. The complaint unit

shall, within thirty days after receiving a complaint in person or by

certified mail supported by the proof prescribed by this section, notify

the complainant that the payment has been credited to his or her record;

that the wrongful imposition has been removed from the complainant's

record; or that the information sent to the bureau fails to prove that

the fine or penalty was satisfied or that the imposition was wrongful,

in which case the reason or reasons shall be set forth.

(b) If, after this thirty day period, the bureau continues to demand

payment from this person of the fine or penalty previously satisfied or

wrongfully imposed, or if the bureau does not render a determination,

the person within six months from the date of his or her complaint shall

have the right to an expedited review before a panel of three

administrative law judges. Such panel shall be empowered to compel the

bureau to produce records and other evidence relevant and material to

the complaint. The complainant shall be required to submit, together

with his or her request for a review, a copy of all the materials

submitted with the original complaint. The panel of administrative law

judges shall be empowered to direct that the bureau's records be

changed, as appropriate, to insure that no further demand is made for

the fine or penalty previously satisfied or wrongfully imposed, and the

bureau shall comply with such directive. Further, the panel of

administrative law judges, upon petition by the complainant, may at its

sole discretion, direct the parking violations bureau to pay the

complainant who receives a wrongfully imposed fine or has previously

satisfied an outstanding fine such out-of-pocket expenses as the panel

deems reasonable only in such cases where the complainant sufficiently

demonstrates that he or she has notified the bureau of his or her

complaint under this section and the bureau has failed, in the panel's

opinion, to remove the wrongfully imposed fine or the previously

satisfied fine; however, payment of such expenses shall not exceed the

amount of the original fine.

(c) Any other city authorized to establish a parking violations bureau

may create a panel to resolve complaints relating to satisfied penalties

and wrongfully imposed penalties. The composition of such a panel shall

be determined by local option.

2. This section shall not apply to parking violation fines or

penalties relating to commercial, taxi, common or contract carriers or

livery vehicles.

3. In cities required to create a review panel under this section, the

parking violations bureau shall keep a record of all complaints

submitted under this section for a minimum of three years, and shall

issue a public report every year containing the number of complaints

heard each year according to category, the number of dispositions

favorable to complainants, the average compensation awarded in such

favorable dispositions, and any other appropriate information. Such

information shall also be published annually and placed in the municipal

reference library, in such cities where applicable.

4. The proof that must be submitted in connection with a complaint

made under this section is, as appropriate, a copy of the receipt, money

order or front and back of cancelled check; a copy of a police report of

stolen vehicle or stolen or lost plates or proof of an insurance company

payment for a stolen vehicle, or a department of motor vehicles receipt

for surrendered plates. As used in this section, a "wrongfully imposed"

fine or penalty shall mean a fine or penalty which is imposed after the

respective vehicle has been stolen or after the license plates were

stolen, lost or surrendered to the department of motor vehicles.

5. Every such parking violations bureau shall adopt and promulgate

rules and regulations not inconsistent with any applicable provision of

law, to carry out the purposes of this section.

Muni-meter receipts; affirmative defense. In any prosecution

or proceeding alleging a muni-meter parking violation, it shall be an

affirmative defense to such violation, with the burden of proof on the

person who received the summons, that he or she did in fact purchase a

muni-meter ticket prior to or up to five minutes thereafter from the

issuance of the summons and that the receipt is valid for use at the

time and location where such summons was issued. Such defense shall be

deemed established if such person produces the actual muni-meter receipt

or a copy thereof at such prosecution or proceeding. For the purposes of

this section, "muni-meter" shall mean an electronic parking meter that

dispenses timed receipts showing the amount of parking time purchased.

Administrative review. 1. There shall be an appeals board

within the parking violations bureau and within the traffic camera

violations bureau which shall consist of three or more hearing examiners

but in no event shall the hearing examiner from whose decision the

appeal is taken be included in the panel determining said appeal.

2. An appeal from a determination of any hearing examiner after a

hearing on a plea denying liability, or from a determination denying a

motion to reopen any matter shall be submitted to the applicable appeals

board, which shall have power to review the facts and the law, and shall

have power to reverse or modify any determination appealed from for

error of fact or law.

3. A party aggrieved by the final determination of a hearing examiner

may obtain a review thereof by serving, either personally in writing or

by certified or registered mail, return receipt requested, upon the

applicable bureau, within thirty days of the entry of such final

determination, a notice of appeal setting forth the reasons why the

final determination should be reversed or modified. Upon receipt of such

notice of appeal, the applicable bureau shall furnish to the appellant,

at the appellant's request and at their own expense, a transcript of the

original hearing. No appeal shall be conducted less than ten days after

the mailing of the transcript to the appellant or the appellant's

attorney. When the questions presented by an appeal can be determined

without an examination of all the pleadings and proceedings, the

appellant may prepare and submit a statement showing how the questions

arose and were decided by the hearing examiner and setting forth only so

much of the facts averred and proved or sought to be proved as are

necessary to a decision of the questions.

4. Appeals shall be conducted in the presence of the appellant or the

appellant's attorney or both, if such right of appearance is expressly

requested by the appellant in the appellant's notice of appeal and upon

the appellant complying with the regulations of the applicable bureau.

If the appellant elects to appear, the applicable bureau within thirty

days after the receipt of the notice of appeal shall advise the

appellant, either personally or by ordinary first class mail of the date

on which such appellant shall appear. No appeal shall be conducted less

than ten days after the mailing of such notification. The appellant

shall be notified in writing of the decision of the applicable appeals

board.

5. The service of a notice of appeal shall not stay the enforcement of

a judgment upon the determination appealed from unless the appellant

shall have posted a bond in the amount of such determination, at the

time of, or before the service of such notice of appeal unless the

enforcement of such judgment shall have been stayed by the applicable

appeals board.

6. When charges have been overturned by a court or any other

administrative body or officer, the party in whose favor the appeal is

decided shall be entitled to have returned an amount equal to any fine

or penalty imposed and collected from the parking violations bureau or

the traffic camera violations bureau, as applicable, within thirty days

of the entry of the judgement; provided, however, that such court,

administrative body or officer shall have the authority to lessen from

such amount any debt owed by such party and shall apply this amount to

any outstanding fines and penalties owed by the same individual. If

payment is not made within thirty days, a penalty shall accrue at the

same rate as that imposed for failure to make timely payment of a fine

and shall be paid by the parking violations bureau or the traffic camera

violations bureau, as applicable.

Judicial review. The order of the appeals board shall be the

final determination of the bureau. Judicial review may be sought

pursuant to article seventy-eight of the civil practice law and rules.

Separability. If any provision of this article or the

application of such provision to any person or circumstances shall be

held unconstitutional or invalid, the constitutionality or validity of

the remainder of this article and the applicability of such provision to

other persons or circumstances shall not be affected thereby.

Exemption of non-resident owners and operators. 1. Except as

otherwise provided in subdivision three of this section, the provisions

of this chapter relative to the registration and equipment of motor

vehicles, motorcycles and trailers and the display of registration

numbers shall not apply to a motor vehicle, motorcycle or trailer owned

by a non-resident of this state, provided that the owner thereof shall

have complied with the provisions of the law of the foreign country,

state, territory or federal district of his residence relative to

registration and equipment of such motor vehicle, motorcycle or trailer,

as the case may be, and the display of registration numbers thereon, and

shall conspicuously display his registration numbers as required

thereby. However, except for a vehicle owned by a person who has

obtained a waiver pursuant to the provisions of paragraph b of

subdivision three of this section, with respect to such vehicle, the

provisions of this subdivision shall be operative as to a motor vehicle,

motorcycle or trailer owned by a non-resident of this state only to the

extent that under the laws of the foreign country, state, territory or

federal district of his residence like exemptions and privileges are

granted to motor vehicles, motorcycles and trailers duly registered

under the laws of and owned by residents of this state.

A person, firm, association or corporation having a place of business

in a foreign country, state, territory or federal district and owning a

motor vehicle, motorcycle or trailer used in connection with and garaged

at such place of business which such owner is compelled to register in

such foreign jurisdiction shall be deemed a resident of such foreign

jurisdiction and a non-resident of this state within the meaning of this

subdivision for the purpose of enjoying the privileges of this

subdivision with respect to such vehicle.

In case a non-resident becomes a resident of this state, he shall be

entitled for a period not exceeding thirty days from the date he becomes

a resident to the same exemption from registering his vehicles in this

state as he would have enjoyed had he remained a non-resident.

2. A person of the age of sixteen years and upwards who shall be a

nonresident of this state, and a resident of a state, territory, federal

district or foreign country having laws, with which such person has

complied, which require such person, in order to operate a motor vehicle

or motorcycle therein, to be licensed, may operate or drive a motor

vehicle or motorcycle on the public highways of this state without being

so licensed under this chapter, provided, however, that the recognition

granted under this subdivision shall, with respect to a person under the

age of eighteen years, only permit the operation of a motor vehicle or

motorcycle in this state in accordance with the same restrictions

imposed upon New York residents operating or driving motor vehicles or

motorcycles with class DJ or MJ licenses under subdivision three of

section five hundred one of this chapter. A nonresident entitled to

operate a motor vehicle or motorcycle as herein provided who shall

become a resident of this state may operate or drive a motor vehicle or

motorcycle on the public highways of this state for a period not

exceeding thirty days from the date he becomes a resident pending the

obtaining of a license to operate such motor vehicle or motorcycle in

this state. The exemption granted in this subdivision shall not apply to

persons whose privilege of operating a motor vehicle in this state, or

whose former license to drive in this state, has been suspended or

revoked, until such suspension or revocation has been terminated or

privilege of operating a motor vehicle restored.

3. (a) The exemptions provided in subdivisions one and four of this

section shall not apply to a motor vehicle, motorcycle or trailer, other

than a semitrailer drawn by a tractor registered in this state which is

operated on any public highway of this state to transport persons or

property for hire or profit from one point in this state to another

point in this state or which is operated in doing any work performed

under a contract for a public improvement to which the state, a

municipal corporation, a school district or a commission appointed

pursuant to law is a party, except to transport machinery, tools or

other plant equipment to be used in the performance of such a contract;

provided, however, that the mere makeup or breakup of a tandem trailer

combination on the New York state thruway shall not, with respect to the

tractor hauling such tandem trailer combination, constitute, in and of

itself, a point in this state for the purpose of determining whether

there has been a transportation of property for hire or profit from one

point in this state to another point in this state; provided, further,

however, that the transportation by any tractor not registered in the

state of New York of a trailer carrying property for profit, placed

thereon within this state and consigned for delivery herein, shall be

prohibited.

(b) The commissioner may, in his discretion, waive the provisions of

this subdivision with respect to any motor vehicle, motorcycle, trailer

or semitrailer, duly registered in another state, territory, federal

district or foreign country, provided that the owner thereof has

registered annually in this state a number of vehicles equal to or in

excess of the average number of vehicles said owner will have available

annually in this state for hire or operation therein. The commissioner

is hereby authorized and empowered to adopt and amend rules and

regulations to effectuate the provisions of this paragraph. Such

regulations may include a requirement that the owner file annually and

at such time and in such manner as shall be prescribed by the

commissioner, a sworn statement including, but not limited to the

following information: (1) the owner's total number of motor vehicles,

motorcycles, trailers and/or semitrailers registered in Canada and the

United States; (2) the owner's total annual registration of such

vehicles in this state; and (3) the total number of such vehicles which

are rented, leased or used in this state for the preceding twelve month

period or in the absence of any past experience, the total anticipated

number of such vehicles that will be rented, leased or used in this

state. Nothing herein contained shall be construed as requiring the

granting of the waiver authorized by this paragraph.

(c) The provisions of paragraph (a) of this subdivision, insofar as

they require display of number plates issued by the commissioner, shall

not apply to any motor vehicle, other than a bus, which is duly

registered in another state and displays registration and number plates

as required by that state, which registration and number plates permit

the transportation of persons for-hire within that state, provided the

registrant has been issued a registration for such motor vehicle by the

commissioner, has paid the appropriate annual fee as provided in

schedule C of subdivision seven of section four hundred one of this

chapter and displays proof of such registration on such vehicle in

accordance with regulations promulgated by the commissioner.

Notwithstanding any other provision of this chapter, the commissioner

need not issue number plates to the registrant when issuing a

registration intended to secure the authorization for operation within

this state as provided by this paragraph.

4. a. The provisions of this chapter relative to the registration of

motor vehicles, motorcycles and trailers and the display of registration

numbers shall not apply to a motor vehicle, motorcycle or trailer owned

by a non-resident of the state who is a seasonal farm laborer, for a

period extending from the first day of April to and including the

thirtieth day of November in each year, provided that the owner thereof

shall have complied with the provisions of the law of the foreign

country, state, territory or federal district of his residence relative

to registration of such motor vehicle, motorcycle or trailer, as the

case may be, and the display of registration numbers thereof, and

provided further that the owner thereof shall furnish proof to the

commissioner that such owner has in effect with respect to such motor

vehicle an automobile liability policy issued by an insurance company

authorized to do business in this state or by an unauthorized insurer

authorized to transact business in the jurisdiction of his residence in

at least the amount of twenty-five thousand dollars because of bodily

injury to or fifty thousand dollars because of death of one person in

any one accident and, subject to said limit for one person, in at least

the amount of fifty thousand dollars because of bodily injury to or one

hundred thousand dollars because of death of two or more persons in any

accident, and in at least the amount of ten thousand dollars because of

injury to or destruction of property of others in any one accident.

b. Upon filing of such proof of financial security, the commissioner

shall issue to the owner of said motor vehicle, motorcycle or trailer,

upon payment of a fee of two dollars, a certificate, which certificate

shall be affixed to a prominent place on the interior of said motor

vehicle, motorcycle or trailer, and shall bear the following

information: (1) name and address of the owner of said motor vehicle,

motorcycle or trailer, (2) make and year of said motor vehicle,

motorcycle or trailer, (3) state of registration and registration number

thereof, (4) date of expiration of the exemption period provided in this

subdivision and (5) such other information as the commissioner may

direct.

c. The exemption provided in this subdivision shall in no way affect

the non-resident status of the owner of said motor vehicle, motorcycle

or trailer and he shall be subject to the provisions of all other laws,

rules, codes and regulations with respect to the ownership and/or

operation by a non-resident of a motor vehicle, motorcycle or trailer in

this state. However, all said motor vehicles, motorcycles and trailers

shall be subject to the provisions of article five of this chapter in

the same manner as if they are registered in this state.

d. A non-resident of the state who is a seasonal farm laborer shall be

entitled to a period not exceeding thirty days from the date of his

entrance into the state within which to file proof of financial security

and pay the fee required and secure the certificate authorized in

paragraph b of subdivision four of this section, provided, however, that

the limitations contained in subdivision three of this section shall be

applicable until such time as the certificate authorized in paragraph b

of this subdivision is obtained.

5. As used in this section, the term "resident" shall mean

domiciliary, that is, one who lives in this state with the intention of

making it a fixed and permanent abode. It shall be presumptive evidence

that a person who maintains a place of abode in this state for a period

of at least ninety days is a resident of this state.

Exemption for members of the armed forces and their dependents.

1. The provisions of this chapter relative to the registration of motor

vehicles and motorcycles and the display of number plates shall not

apply to motor vehicles or motorcycles having registrations and

displaying plates issued by the armed forces of the United States for

vehicles owned by members of the armed forces or their dependents, but

such exemption shall be valid only for a period of forty-five days after

the owner thereof has entered this state for the purpose of traveling to

either his place of residence or a point of military duty.

2. A member of the armed forces who has been issued a license to

operate a motor vehicle or motorcycle by the armed forces of the United

States may operate a motor vehicle or motorcycle on the public highways

of this state without being licensed under this chapter for a period of

sixty days after such person has entered this state.

2-a. A member of the armed forces and any dependent of such person

sixteen years of age or older who has complied with the laws of a state,

territory, federal district or foreign country which require such

person, in order to operate a motor vehicle or motorcycle therein, to be

licensed, may operate or drive a motor vehicle or motorcycle on the

public highways of this state without being so licensed under this

chapter. Provided, however, that the recognition granted under this

subdivision shall, with respect to a person under the age of eighteen

years, only permit the operation of a motor vehicle or motorcycle in

this state in accordance with the same restrictions imposed upon New

York residents operating or driving motor vehicles or motorcycles with

class DJ or MJ licenses under subdivision three of section five hundred

one of this chapter. The exemption granted in this subdivision shall not

apply to persons whose privilege of operating a motor vehicle in this

state, or whose former license to drive in this state, has been

suspended or revoked, until such suspension or revocation has been

terminated or privilege of operating a motor vehicle restored.

Notwithstanding the provisions of subdivision four of this section, for

purposes of this subdivision, "member of the armed forces" shall mean a

person on active duty, other than annual active duty for training, in a

branch of the armed forces of the United States and "dependent" shall

mean a spouse or child of a member of the armed forces residing in the

same household and dependent upon such member of the armed forces for

support.

3. The provisions of this chapter relative to the registration and

equipment of motor vehilces, motorcycles and trailers and the display of

registration numbers shall not apply to motor vehicles, motorcycles or

trailers owned by members of the armed forces or their dependents who

are non-residents of this state, provided that the owner thereof shall

have complied with the provisions of the law of the foreign country,

state, territory or federal district of his residence relative to

registration and equipment of such motor vehicles, motorcycles or

trailers, as the case may be, and the display of registration numbers

thereon, and shall conspicuously display his registration numbers as

required thereby.

4. For the purposes of this section "member of the armed forces" shall

mean a person on active duty, other than annual active duty for

training, in a branch of the armed forces of the United States or a

person who has been discharged from such active duty within the

preceding sixty days, and "dependent" shall mean a spouse or child of a

member of the armed forces or other person residing in the same

household and dependent upon such member of the armed forces for

support.

Exemption of certain in-transit vehicle registrations. The

provisions of this chapter relative to the registration of motor

vehicles and motorcycles and the display of number plates shall not

apply to motor vehicles or motorcycles having a temporary in-transit or

transporter registration or permit issued by another state directly to

the purchaser of such motor vehicle or motorcycle, but such exemption

shall be valid until the expiration date appearing on such registration

or permit or for a period of thirty days from the date of issuance of

such registration or permit, whichever is less, for the purpose of

transporting the vehicle to the jurisdiction in which it will be

regularly registered.

Service of summons on non-residents. 1. The use or operation by

a non-resident of a vehicle in this state, or the use or operation in

this state of a vehicle in the business of a non-resident, or the use or

operation in this state of a vehicle owned by a non-resident if so used

or operated with his permission, express or implied, shall be deemed

equivalent to an appointment by such non-resident of the secretary of

state to be his true and lawful attorney upon whom may be served the

summons in any action against him, growing out of any accident or

collision in which such non-resident may be involved while using or

operating such vehicle in this state or in which such vehicle may be

involved while being used or operated in this state in the business of

such non-resident or with the permission, express or implied, of such

non-resident owner; and such use or operation shall be deemed a

signification of his agreement that any such summons against him which

is so served shall be of the same legal force and validity as if served

on him personally within the state and within the territorial

jurisdiction of the court from which the summons issues, and that such

appointment of the secretary of state shall be irrevocable and binding

upon his executor or administrator. Where such non-resident has died

prior to the commencement of an action brought pursuant to this section,

service of process shall be made on the executor or administrator of

such non-resident in the same manner and on the same notice as is

provided in the case of the non-resident himself. Where an action has

been duly commenced under the provisions of this section against a

non-resident who dies thereafter, the court must allow the action to be

continued against his executor or administrator upon motion with such

notice as the court deems proper.

2. A summons in an action described in this section may issue in any

court in the state having jurisdiction of the subject matter and be

served as hereinafter provided. Service of such summons shall be made by

mailing a copy thereof to the secretary of state at his office in the

city of Albany, or by personally delivering a copy thereof to one of his

regularly established offices, with a fee of ten dollars, and such

service shall be sufficient service upon such non-resident provided that

notice of such service and a copy of the summons and complaint are

forthwith sent by or on behalf of the plaintiff to the defendant by

certified mail or registered mail with return receipt requested. The

plaintiff shall file with the clerk of the court in which the action is

pending, or with the judge or justice of such court in case there be no

clerk, an affidavit of compliance herewith, a copy of the summons and

complaint, and either a return receipt purporting to be signed by the

defendant or a person qualified to receive his certified mail or

registered mail, in accordance with the rules and customs of the

post-office department; or, if acceptance was refused by the defendant

or his agent, the original envelope bearing a notation by the postal

authorities that receipt was refused, and an affidavit by or on behalf

of the plaintiff that notice of such mailing and refusal was forthwith

sent to the defendant by ordinary mail; or, if the registered or

certified letter was returned to the post office unclaimed, the original

envelope bearing a notation by the postal authorities of such mailing

and return, an affidavit by or on behalf of the plaintiff that the

summons was posted again by ordinary mail and proof of mailing

certificate of ordinary mail. Where the summons is mailed to a foreign

country, other official proof of the delivery of the mail may be filed

in case the post-office department is unable to obtain such a return

receipt. The foregoing papers shall be filed within thirty days after

the return receipt or other official proof of delivery or the original

envelope bearing a notation of refusal, as the case may be, is received

by the plaintiff. Service of process shall be complete when such papers

are filed. The return receipt or other official proof of delivery shall

constitute presumptive evidence that the summons mailed was received by

the defendant or a person qualified to receive his certified mail or

registered mail; and the notation of refusal shall constitute

presumptive evidence that the refusal was by the defendant or his agent.

Service of such summons also may be made by mailing a copy thereof to

the secretary of state at his office in the city of Albany, or by

personally delivering a copy thereof to one of his regularly established

offices, with a fee of ten dollars, and by delivering a duplicate copy

thereof with the complaint annexed thereto, to the defendant personally

without the state by a resident or citizen of the state of New York or a

sheriff, under-sheriff, deputy-sheriff or constable of the county or

other political subdivision in which the personal service is made, or an

officer authorized by the laws of this state, to take acknowledgements

of deeds to be recorded in this state, or an attorney and/or counselor

at law, solicitor, advocate or barrister duly qualified to practice in

the state or country where such service is made, or by a United States

marshall or deputy United States marshall. Proof of personal service

without the state shall be filed with the clerk of the court in which

the action is pending within thirty days after such service. Personal

service without the state is complete when proof thereof is filed. The

court in which the action is pending may order such extensions as may be

necessary to afford the defendant reasonable opportunity to defend the

action.

3. As used in this section, the term "vehicle" means a "motor

vehicle," "motorcycle," "semitrailer," and "trailer" as defined in

sections one hundred twenty-five, one hundred twenty-three, one hundred

forty-three and one hundred fifty-six, respectively, of this chapter,

whether or not such vehicles are used or operated upon a public highway.

Service of summons on residents who depart from state and on

residents' executors or administrators who are nonresidents or who

depart from state. The provisions of section two hundred fifty-three of

this chapter shall also apply (a) to a resident who departs from the

state subsequent to the accident or collision and remains absent

therefrom for thirty days continuously, whether such absence is intended

to be temporary or permanent, and to any executor or administrator of

such resident, and (b) to an executor or administrator of a resident if

such executor or administrator is a nonresident or if, being a resident,

he departs from the state and remains absent therefrom for thirty days

continuously, whether such absence is intended to be temporary or

permanent.

Appeals board; functions. 1. Appeals board. The appeals board

established pursuant to article two-A of this chapter shall also

constitute the appeals board for the purposes of this article.

2. Functions. Each appeal filed pursuant to this article shall be

reviewed by the appeals board, which shall make a determination of such

appeal, and shall cause an appropriate order to be entered in the

records of the department.

Right of appeal; time limitations; appeal procedures; fees. 1.

Right of appeal. Whenever a license, certificate, permit or any

privilege is denied, suspended or revoked by the commissioner pursuant

to this chapter, except where such action is based upon a conviction as

a result of which such action is required by statute or is based upon a

determination rendered under the provisions of article two-A of the

vehicle and traffic law, the holder thereof may appeal such

determination pursuant to the provisions of this article and such

regulations as may be promulgated by the commissioner. In addition,

following an adjudicatory proceeding conducted pursuant to section four

hundred seventy-one-a of this chapter, an aggrieved party may appeal the

commissioner's decision pursuant to the provisions of this article and

such regulations as may be promulgated by the commissioner.

Notwithstanding the provisions of this subdivision, appeals from

determinations made pursuant to article twelve-A of this chapter shall

be governed in accordance with the provisions of that article.

2. Time limitations. No appeal shall be reviewed if it is filed more

than sixty days after written notice was given of the determination

appealed from.

3. Appeal procedures. Any person desiring to file an appeal pursuant

to this article shall do so in a form and manner provided by the

commissioner. If a hearing was held prior to such determination, the

transcript of the hearing will only be reviewed if it is submitted by

the appellant. An appeal shall not be deemed to be finally submitted

until the appellant has submitted all forms or documents required to be

submitted by the commissioner or this article, including the transcript

when such is requested to be reviewed; provided, however, such appeal

shall be deemed to have been finally submitted if the appeal is filed

and the transcript is ordered prior to the expiration of the time

limitations imposed by subdivision two of this section.

4. Fees. The fee for filing an appeal shall be ten dollars. No appeal

shall be deemed filed unless any required fee has been paid.

Stays pending appeal. The appeals board, or chairman thereof,

upon the request of any person who has filed an appeal, may, in its

discretion, grant a stay pending a determination of the appeal. Whenever

a determination has not been made within thirty days after an appeal has

been finally submitted, a stay of execution will be deemed granted by

operation of law, and the license, certificate, permit or privilege

affected will be automatically restored pending final determination.

Judicial review. No determination of the commissioner or a

member of the department which is appealable under the provisions of

this article shall be reviewed in any court unless an appeal has been

filed and determined in accordance with this article. The determination

of the appeals board shall be subject to review by the supreme court in

the manner provided in article seventy-eight of the civil practice law

and rules; provided, however, the refusal of an appeals board to grant a

stay pending appeal shall be deemed a final determination for purposes

of appeal.

Application of this title. Except as otherwise expressly

provided in this chapter, this title shall be exclusively controlling:

(a) On the use by motor vehicles of public highways, and

(b) On the accessories used upon motor vehicles and motorcycles and

their incidents.

Periodic inspection of all motor vehicles. (a) The commissioner

shall require that every motor vehicle registered in this state be

inspected once each year for safety, and at least biennially for

emissions as provided for pursuant to paragraph two of subdivision (d)

of this section, and in accordance with the provisions of this article,

and that every motor vehicle sold or transferred for use on the public

highways of this state by a dealer registered under section four hundred

fifteen of this chapter to any person other than another such registered

dealer or transferred for no remuneration by such a registered dealer to

any person other than to a welfare to work program authorized by the New

York state department of labor, a private industry council, a county or

a social services district for the sole use of public assistance

recipients or applicants participating in the welfare to work program to

which such vehicle is transferred must be inspected and bear a valid

certificate or certificates of inspection prior to delivery to the

purchaser or transferee. Provided, however, that nothing contained

herein shall be deemed to exempt any motor vehicle so transferred to a

welfare to work program pursuant to the provisions of this subdivision

from being inspected in accordance with the provisions of this section

or from complying with all other applicable provisions of this chapter,

including registration and financial security, prior to operation on any

public highway.

(b) The commissioner shall also require the inspection of any motor

vehicle duly registered under the laws of another state, a province of

Canada, a territory or a federal district to the extent to which such

state, province, territory or federal district requires the inspection

of motor vehicles duly registered under the laws of this state.

(c) (1) (a) A safety inspection shall be made with respect to the

brakes; steering mechanism; wheel alignment; lights, including but not

limited to the lights which are designed and placed on a vehicle for the

purpose of illuminating the vehicle's license plates; odometer; tire

pressure; seat safety belts; shoulder harness safety belts; any window

which is composed of, covered by or treated with any material which has

a light transmittance of less than seventy percent pursuant to section

three hundred seventy-five of this title and such other mechanisms and

equipment as shall be determined by the commissioner to be necessary for

proper and safe operations. Such inspection shall also be made with

respect to vehicle identification number. Upon inspection, the mileage

appearing on the odometer shall be recorded upon the inspection sticker.

(b) In the case of any passenger car manufactured on or after

September first, nineteen hundred ninety-seven, during the course of the

vehicle safety inspection, the readiness of the inflatable restraint

system, by means of the readiness indicator, shall be noted on the

invoice supplied to the consumer. The system's lack of readiness shall

not be considered grounds for the vehicle to fail the safety inspection

provided for in subparagraph (a) of this paragraph.

(2) Such inspection may also include a visual inspection prescribed by

the commissioner to determine the presence and correct installation of

any air contaminant emission systems or devices which are required by

state or federal law or any rules or regulations pursuant thereto;

provided that for any vehicle not subject to an emission inspection

pursuant to subdivision (d) of this section, such visual inspection

shall be performed.

(3) Improper tire pressure shall not be reason for failure of the

inspection.

(d) (1) The commissioner, in consultation with the commissioner of

environmental conservation, shall implement a program of motor vehicle

emissions inspections with respect to any motor vehicles or class of

motor vehicles which are required by federal law or any rules or

regulations issued pursuant thereto or by any state law or any rules or

regulations issued pursuant thereto, including rules and regulations

issued by the department of environmental conservation, to meet

standards applicable to the emission of any kind of substance by such

vehicles or engines or to contain any equipment, systems or design

features to reduce such emission. The commissioner shall establish

regulations for such inspections. Such regulations shall include

provision for cooperating with the commissioner of environmental

conservation to notify owners of vehicles that have failed emission

inspections of the availability of mobile source emission reduction

credit trading programs pursuant to section 19-0301 of the environmental

conservation law.

(2) Such inspection shall be performed biennially; provided however

that the commissioner may require emission inspections more frequently

than biennially if the commissioner of environmental conservation, in

consultation with the commissioner, makes a determination that more

frequent emission inspections are necessary to comply with federal

requirements or a court order; and provided that an emission inspection

program in operation prior to nineteen hundred ninety-three shall

continue to require emission inspections at least annually until January

first, nineteen hundred ninety-six.

(3) Such inspection shall be performed at a facility that only

performs inspections if the commissioner of environmental conservation,

in consultation with the commissioner, makes a determination that such

restriction is necessary to meet federal requirements. In no event shall

any facility operating pursuant to a contract with the commissioner,

entered into pursuant to subdivision (a) of section three hundred three

of this chapter, be allowed to perform repairs; provided however, that

such a facility shall be allowed to perform repairs at no charge that

are incidental to the inspection process.

(4) The commissioner shall establish an emission system repair

training program, for purposes of enhancing the quality and reliability

of emission system repair services available from official repair

stations in all areas where emission inspections are required under this

section.

(e) The requirements of air contamination emission system inspection

shall not apply to historical motor vehicles registered pursuant to

schedule G of subdivision seven of section four hundred one of this

chapter unless required by federal law.

(f) The department is authorized, in consultation with the departments

of environmental conservation and transportation, to adopt rules and

regulations necessary to implement a heavy duty vehicle inspection

program pursuant to section 19-0320 of the environmental conservation

law and implement such program by June first, nineteen hundred

ninety-nine.

Re-inspection of motor vehicles involved in certain

accidents. 1. The commissioner may require that a motor vehicle

registered in this state or elsewhere which is required to be inspected,

be re-inspected after it is involved in a property damage accident which

is required to be reported to the motor vehicle department. Such

re-inspection shall be made within sixty days of the date of the

accident if the motor vehicle is driven away from the accident site.

Such re-inspection shall be made before the vehicle is operated on the

public highways if the motor vehicle is towed or transported from the

accident site, except that a motor vehicle may be driven from a repair

shop to an inspection station for the purpose of being re-inspected.

2. The owner of a car so damaged shall be required to submit to the

department within the same time limit as provided in subdivision one of

this section satisfactory proof of re-inspection pursuant to rules and

regulations to be promulgated by the commissioner.

3. Failure to submit such proof of re-inspection as herein provided

shall constitute ground for suspension or revocation of his privileges

of operating a motor vehicle in this state and of the operation within

this state of any motor vehicle owned by him.

Heavy duty vehicle emissions. 1. It shall be a violation to

operate a heavy duty vehicle which, when tested, exceeds emissions

levels set forth in section 19-0320 of the environmental conservation

law or regulations adopted thereunder. The following penalties shall

apply to any violation found as a result of roadside emissions

inspections:

a. First violation: $700.00

Second and subsequent violations: $1300.00.

b. The penalties set forth in paragraph a of this subdivision shall be

reduced to one hundred fifty dollars for the first violation and five

hundred dollars for the second and subsequent violations by the court or

administrative tribunal before which the summons or appearance ticket is

returnable if the violation set forth in the summons or appearance

ticket is corrected not later than thirty days after the issuance of the

summons or appearance ticket and proof of such correction, as defined in

paragraph c of this subdivision, is submitted to the court or

administrative tribunal. The penalties described in this section shall

not apply to vehicles defined by section one hundred forty-two of this

chapter or owned by a county, town, city, or village for a first

violation provided the vehicle is repaired within thirty days of ticket

issuance.

c. Acceptable proof of repair or adjustment shall be submitted to the

court or administrative tribunal on or before the return date of the

summons or appearance ticket in a form and manner prescribed by

regulations adopted pursuant to this section.

2. It shall be a violation to operate any heavy duty vehicle

registered or required to be registered in this state without a

certificate of inspection resulting from an annual inspection as

required by section 19-0320 of the environmental conservation law or

regulations adopted thereunder. The following violation structure shall

apply to such violations:

a. First violation: $ 700.00

Second and subsequent violations: $1300.00.

b. The penalties defined in paragraph a of this subdivision shall be

reduced to three hundred fifty dollars for the first violation and seven

hundred fifty dollars for second and subsequent violations, provided

that the vehicle in question bears a certificate which was valid within

the last thirty days. The penalties described in this section shall not

apply to vehicles defined by section one hundred forty-two of this

chapter or owned by a county, town, city, or village for a first

violation provided the vehicle is inspected within thirty days of ticket

issuance.

3. Any fines collected for violations of this section shall be

deposited in the clean air fund, to the credit of the mobile source

account in accordance with the provisions of section ninety-seven-oo of

the state finance law.

4. Notwithstanding the provisions of this section, no penalty shall be

imposed pursuant to this section where the operator of such vehicle has

been convicted of the same violation arising from the same incident

pursuant to section 19-0320 of the environmental conservation law.

Powers and duties of the commissioner. (a) It shall be the duty

of the commissioner to administer the provisions of this article.

(b) The commissioner may authorize the acceptance of a certificate of

inspection issued in another state having inspection requirements

substantially similar to those of this state. He may also extend, on any

reasonable ground, the time within which a certificate shall be obtained

by the owner of a motor vehicle.

(c) The commissioner may, consistent with federal law and regulations,

permit any person, association, corporation or subsidiary corporation of

a parent corporation having registered in his or its name in this state

more than twenty-five motor vehicles, and qualified dealers of motor

vehicles held by them for sale or demonstration, who maintain approved

inspection facilities, to conduct the inspection or inspections required

by this article under regulation prescribed by the commissioner.

(d) The commissioner of motor vehicles may appoint and at pleasure

remove inspectors, consultants and such other assistants and employees

as he may deem necessary, within the amount available therefor by

appropriation, to carry out the provisions of this article.

(e) The commissioner is empowered to make reasonable rules and

regulations for the administration and enforcement of this article and

the periods during which motor vehicles are required to be inspected.

(f) The commissioner of motor vehicles may, consistent with federal

law and regulations, upon application of any municipality, and upon a

determination that such municipality has sufficient personnel and

approved inspection facilities to conduct the inspection or inspections

required by this article under the regulations prescribed by the

commissioner, permit such municipality to conduct the inspection

required by this article.

Official inspection stations. (a) The commissioner is

authorized to operate, enter into contracts with any person to operate,

and license official inspection stations for the purpose of making the

inspection prescribed by this article and for the purpose of issuing

certificates of inspection.

(1) A license to operate an official inspection station shall be

issued only upon written application which shall set forth such facts

and evidence as may be required to ascertain the identity,

qualifications and character of the applicant. An original application

for a license for an official inspection station shall be accompanied by

an application fee of twenty-five dollars, which shall in no event be

refunded. The commissioner shall issue a license, after appropriate

inquiry and investigation, only when satisfied that the station is

properly equipped and has competent personnel to make such inspections

and that such inspections will be properly conducted, and that the

applicant complies with the provisions of this article and the rules and

regulations promulgated thereunder. If an application is approved by the

commissioner, a license shall be issued to the applicant. The annual fee

for a license or license renewal shall be fifty dollars. The

commissioner may issue such licenses on a staggered expiration basis, in

which event the fees for such licenses shall be prorated on a monthly

basis. In no event shall the fee exceed one hundred dollars for two

years. The commissioner shall have discretion to issue a license or

license renewal which shall be valid for a period of not more than two

years. The fee for any such renewal shall be not more than one hundred

dollars.

(2) The commissioner may issue a temporary permit to any applicant for

a license under the provisions of this article pending final action on

an application made for such a license, and the computation of the

license fee, if a license is issued, shall be computed from the date of

issuance of the temporary permit. Any such permit shall be valid for a

period not in excess of sixty days. The provisions of this paragraph

relating to fees, shall not apply to the state, a city, county, village,

town or school district, or any of the departments thereof.

(3) A contract to operate an emission inspection facility shall

include the following conditions:

(i) emission inspection facilities must be geographically dispersed

throughout each region in numbers sufficient to allow motorists

reasonable access to such facilities;

(ii) maximum daily average waiting times for motorists at emission

inspection facilities shall not exceed fifteen minutes for more than

five days each calendar month; and

(iii) no emission inspection facility authorized by a chapter of the

laws of nineteen hundred ninety-three shall begin to operate

commercially, except for a limited test period not to exceed thirty-one

days as approved by the department, prior to January first, nineteen

hundred ninety-six, in any area of the state which has an emission

inspection program in operation at the time of the enactment of such

chapter. The commissioner shall approve any proposed fee schedule to the

extent that it will allow an official inspection station operating such

a pre-existing program to recover any additional fee imposed by such

chapter.

(b) Each official inspection station shall keep a record of

inspections, re-inspections, and the results thereof, and a record of

certificates of inspection issued.

(c) Each official inspection station shall prominently display in an

area of the station where the orderly transaction of business of such

station occurs a sign provided or approved by the department and, after

a motor vehicle fails to pass inspection at such station, provide

written notice on forms provided or approved by the department to the

owner or person in charge of said vehicle that the necessary repairs

must be made to the vehicle within thirty days from the date of

inspection and that such repairs need not necessarily be made at that

station and shall be made in a manner consistent with federal law and

regulations. The period allowed for repair shall not extend the

expiration date of either the inspection sticker or registration

certificate.

(d) 1. The commissioner shall supervise and cause inspections to be

made of such official inspection stations. It shall be the duty of the

superintendent of state police and of the police forces of all

municipalities of the state to assist the commissioner in assuring

compliance by all official inspection stations with the provisions of

this article and with all rules and regulations promulgated thereunder.

An official inspection station and the records thereof shall be open for

inspection at reasonable times by any police officer or any person

designated by the commissioner to inspect such official inspection

stations or any person designated by the commissioner of environmental

conservation to inspect such official inspection stations with respect

to emission inspections.

2. The commissioner shall have the right to inspect motor vehicles

located on the premises of any person, association, corporation,

subsidiary corporation or municipality having obtained permission to

conduct self-inspection of motor vehicles pursuant to subdivision (c) or

(f) of section three hundred two of this chapter and which have been

issued a certificate of inspection within the previous fifteen days.

(e) 1. A license to operate an official inspection station or a

certificate to inspect vehicles may be suspended or revoked or renewal

thereof may be refused by the commissioner or any person duly deputized

for one or more of the following causes:

(i) Failure to conduct inspections in conformance with the provisions

of this article and the rules and regulations promulgated thereunder or

improper issuance of certificates of inspections.

(ii) Conviction of a crime involving fraud, theft, perjury or bribery

or other cause which would permit disqualification from receiving a

license or a certificate to inspect vehicles upon the original

application.

(iii) Fraud, deceit or misrepresentation in securing the license or a

certificate to inspect vehicles or in the conduct of licensed or

certified activity.

(iv) Excessive charges for conducting inspections and for making

adjustments, corrections or repairs required by such inspections.

(v) Violation of any provision of this article or any rule or

regulation promulgated thereunder.

2. Provided, however a license to operate an official inspection

station or a certificate to inspect vehicles shall be suspended or

revoked or renewal thereof shall be refused by the commissioner or any

person duly deputized, upon a third or subsequent violation committed

within a period of eighteen months of any rule or regulation of the

commissioner requiring an inspection station to refuse to perform an

inspection as set forth in paragraph two of subdivision (f) of section

79.20 of title fifteen of the codes, rules and regulations of the state

of New York. If the commissioner or any person duly deputized orders

penalties to be paid pursuant to subdivision (h) of this section, such

penalties shall be in addition to, but not in lieu of, a suspension,

revocation, or renewal thereof imposed pursuant to this paragraph.

3. Provided, however, a license to operate an official inspection

station or a certificate to inspect vehicles shall be suspended or

revoked or renewal thereof shall be refused by the commissioner or any

person duly deputized, upon a third or subsequent willful violation, all

within a period of eighteen months, of any rule or regulation of the

commissioner requiring an inspection station to inspect the muffler or

exhaust system of a motorcycle as set forth in subdivision (c) of

section 79.28 of title 15 of the codes, rules and regulations of the

state of New York. If the commissioner or any person duly deputized

orders penalties to be paid pursuant to subdivision (h) of this section,

such penalties shall be in addition to, but not in lieu of, a

suspension, revocation, or renewal thereof imposed pursuant to this

paragraph.

(f) No license or certificate shall be revoked or suspended, or

renewal refused, except upon notice to the licensee or certified

inspector and after an opportunity to be heard. A license or

certificate, however, may be temporarily suspended upon a written notice

of temporary suspension delivered by certified mail to the licensee or

certified inspector pending any prosecution, investigation or hearing.

The written notice of temporary suspension shall provide that the

temporary suspension is effective seventy-two hours after delivery of

such notice. Whenever any license to operate an official inspection

station or certificate to inspect vehicles is revoked, no license or

certificate shall be reissued to an applicant until after the expiration

of a period of one year from the date of such revocation.

(g) Upon the revocation or suspension of an inspection station license

or certificate to inspect vehicles, the holder thereof shall deliver

such license or certificate to the revoking or suspending officer,

together with all inspection and inspection extension certificates, all

inspection record forms, and any and all other items in the possession

of the license or certificate holder which theretofore had been issued

by the commissioner for use in connection with the inspection station or

the inspection of vehicles. The failure of the holder thereof to deliver

any of the aforesaid items to the revoking or suspending officer, or to

any peace officer, acting pursuant to his special duties, or police

officer directed by the commissioner or agent of the commissioner,

displaying authorization to act in such capacity along with a certified

copy of the order revoking or suspending such inspection station

license, to secure possession thereof, shall constitute a misdemeanor.

(h) The commissioner, or any person duly deputized, in addition to or

in lieu of revoking or suspending a license to operate an official

inspection station or a certificate to inspect vehicles, may by order

require the licensee or certified inspector to pay to the people of this

state a penalty for a first violation a sum not exceeding one thousand

dollars for each violation found to have been committed; and for a

second or subsequent violation not arising out of the same incident both

of which were committed within a period of thirty months, a sum of not

more than one thousand five hundred dollars for each violation found to

have been committed; provided, however, the penalty for each and any

violation of subparagraph (iii) of paragraph one of subdivision (e) of

this section found to have been committed shall be no less than five

hundred dollars and no more than one thousand five hundred dollars, and

provided further, however, the penalty for a violation found to have

been committed of any rule or regulation of the commissioner requiring

an inspection station to refuse to perform an inspection as set forth in

paragraph two of subdivision (f) of section 79.20 of title fifteen of

the codes, rules and regulations of the state of New York shall be a

fine of not less than two hundred fifty dollars nor more than one

thousand dollars for a first violation, and a fine of not less than five

hundred dollars nor more than one thousand five hundred dollars for a

second or subsequent such violation not arising out of the same incident

both of which were committed within a period of eighteen months, and

upon the failure of such licensee to pay such penalty within twenty days

after the mailing of such order, postage prepaid, registered or

certified, and addressed to the last known place of business of such

licensee or certified inspector, unless such order is stayed by a court

of competent jurisdiction or in accordance with the provisions of

article three-A of this chapter, the commissioner may revoke the license

of such licensee or the certificate of such certified inspector or may

suspend the same for such period as may be determined. Civil penalties

assessed under this subdivision shall be paid to the commissioner for

deposit into the state treasury, and unpaid civil penalties may be

recovered by the commissioner in a civil action in the name of the

commissioner. In addition, as an alternative to such civil action and

provided that no proceeding for judicial review shall then be pending

and the time for initiation of such proceeding shall have expired, the

commissioner may file with the county clerk of the county in which the

registrant is located or the certified inspector resides a final order

of the commissioner containing the amount of the penalty assessed. The

filing of such final order shall have the full force and effect of a

judgment duly docketed in the office of such clerk and may be enforced

in the same manner and with the same effect as that provided by law in

respect to executions issued against property upon judgments of a court

of record.

(i) The holder of an inspection station license shall remove or cause

to be removed any sign which contains the license number of the station

which is visible to the public and which is required to be displayed by

this article or regulations promulgated thereunder if the license is

revoked or suspended or the inspection station is out of business. If

the license is only suspended, the holder may cover up the sign instead

of removing it.

(j) No person shall permit the display of any sign required to be

displayed by this article or regulations promulgated thereunder

indicating to the public that an official inspection station is

operating unless an inspection station license has been issued to that

person and is currently valid.

Inspection and certificates of inspection. (a) No certificate

or certificates of inspection shall be issued by an official inspection

station until the mechanisms and other equipment, as specified in

section three hundred one (c) of this chapter, of the motor vehicle

inspected are in proper and safe condition and comply with the rules and

regulations of the commissioner and with the laws of this state and the

emissions of such motor vehicle conform with subdivision (d) of section

three hundred one of this article and regulations promulgated pursuant

thereto at the time the certificate is issued.

(b) If such inspection discloses the necessity for adjustments,

corrections or repairs the owner shall be so notified and shall have

such adjustments, corrections or repairs made within a period of thirty

days. If such inspection discloses improper tire pressure, the owner

shall be so notified and may have such adjustments, corrections or

repairs made as authorized by this subdivision. The commissioner shall

establish procedures for reporting the results of such inspections and

for notifying the owners. The owner may have such adjustments,

corrections and repairs made in any way and by any person provided that

such repairs are made in a manner consistent with federal law and

regulations.

(c) The commissioner shall issue certificates of inspection to

official inspection stations. Such certificates of inspection shall be

serially numbered and shall bear such information as the commissioner

may require, and shall include a notice that any complaint against an

official inspection station for inadequate inspection or for making

excessive or unreasonable repairs, may be made in writing to the

department of motor vehicles at Albany, New York. Each certificate shall

be valid until the end of the inspection period during which the motor

vehicle must again be inspected, as determined by the rules and

regulations of the commissioner, or until the end of the repair period

designated under section three hundred four (b), whichever occurs first.

Certified inspectors. (a) The commissioner shall issue a

certificate to an individual authorizing such person to conduct

inspections under this article. No person shall conduct an inspection

unless that person is a certified inspector. The commissioner may

establish a classified system of certified inspectors.

(b) The fee for filing such an application shall be ten dollars. Such

fee shall not be refundable. The annual fee for certification as an

inspector shall be five dollars. A certification shall expire on any

date determined by the commissioner.

(c) The commissioner may, by regulation, establish standards of

competency and fitness for certification as an inspector.

* (d) Fees, deposited. Fees assessed under this section shall be paid

to the commissioner for deposit to the transportation safety account

established pursuant to section ninety-one of the state finance law

through March thirty-first, two thousand four and from April first, two

thousand four and thereafter shall be deposited to the dedicated highway

and bridge trust fund.

* NB Effective until April 1, 2028

* (d) Fees, deposited. Fees assessed under this section shall be paid

to the commissioner for deposit to the transportation safety account

established pursuant to section ninety-one of the state finance law.

* NB Effective April 1, 2028

Fees. (a) The fee for a certificate of inspection issued by the

commissioner, to be collected from the owner of an official inspection

station to whom issued, shall be as follows:

* (1) The fee for a certificate representing that a safety inspection

has been performed shall be two dollars, which shall be deposited into

the transportation safety account established pursuant to section

ninety-one of the state finance law through March thirty-first, two

thousand four and to the dedicated highway and bridge trust fund from

April first, two thousand four and thereafter, and

* NB Effective until April 1, 2028

* (1) The fee for a certificate representing that a safety inspection

has been performed shall be two dollars, which shall be deposited into

the transportation safety account established pursuant to section

ninety-one of the state finance law, and

* NB Effective April 1, 2028

* (2) The fee for a certificate representing that an emissions

inspection has been successfully completed shall be set by the

commissioner through regulation, at an amount not to exceed four dollars

or eight dollars if performed on a biennial basis. Such fees shall be

deposited into the mobile source account of the clean air fund

established by section ninety-seven-oo of the state finance law.

* NB Effective until April 1, 2028

* (2) The fee for a certificate representing that an emissions

inspection has been successfully completed shall be set by the

commissioner through regulation, at an amount not to exceed two dollars

or four dollars if performed on a biennial basis. Such fees shall be

deposited into the mobile source account of the clean air fund

established by section ninety-seven-oo of the state finance law.

* NB Effective April 1, 2028

(b) No fee authorized by subdivision (a) of this section shall apply

to the state, a city, county, village, town or school district, or any

of the departments thereof nor to a certificate issued by a licensed

emissions inspection station to such a public entity. A refund may be

made, or credit allowed, for unused certificates of inspection, or for

certificates lost, mutilated or destroyed, to the extent provided by the

regulations promulgated by the commissioner.

(c) The commissioner may establish maximum fees to be charged by an

official inspection station. Such fees shall be prominently displayed at

such station.

* (d) Fees assessed under this article shall be paid to the

commissioner for deposit to the transportation safety account

established pursuant to section ninety-one of the state finance law

through March thirty-first, two thousand four and from April first, two

thousand four and thereafter shall be deposited into the dedicated

highway and bridge trust fund, except that fees that are authorized to

be collected for each certificate of emissions inspection issued by the

commissioner, collected pursuant to paragraph two of subdivision (a) of

this section, shall be deposited into the mobile source account of the

clean air fund, as established by section ninety-seven-oo of the state

finance law.

* NB Effective until April 1, 2028

* (d) Fees assessed under this article shall be paid to the

commissioner for deposit to the transportation safety account

established pursuant to section ninety-one of the state finance law,

except that fees that are authorized to be collected for each

certificate of emissions inspection issued by the commissioner,

collected pursuant to paragraph two of subdivision (a) of this section,

shall be deposited into the mobile source account of the clean air fund,

as established by section ninety-seven-oo of the state finance law.

* NB Effective April 1, 2028

Enforcement. (a) The commissioner shall suspend or prohibit the

renewal of the registration of any motor vehicle for which a certificate

or certificates of inspection has or have not been obtained as required

by this article, or the regulations promulgated thereunder, or which is

not repaired within the period designated under section three hundred

four (b); provided however, the commissioner shall waive the requirement

for any repairs to an emissions system beyond the expenditure amount

permitted by federal law and regulations once the amount has been

expended. The commissioner shall provide for an appeal from a

determination related to a request that the repair requirement be

waived. No such waiver shall apply to classes of vehicles for which such

waiver would be prohibited pursuant to a final decree of a federal

court.

(b) No motor vehicle shall be operated or parked on the public

highways of this state unless a certificate or certificates of

inspection, as required by this article, is or are displayed upon the

vehicle or affixed to the registration certificate for the vehicle as

may be determined by the commissioner. The commissioner may, by

regulation, provide for a temporary indicia of inspection to be placed

on a motor vehicle which shall be valid as a certificate of inspection

for a period not to exceed fifteen days upon the loss, theft, mutilation

or destruction of a certificate of inspection. Any violation of this

section that occurs while a motor vehicle is parked on the public

highways of this state shall constitute a parking violation. Every

agreement for the lease or rental of a motor vehicle for a period of not

more than thirty days shall be deemed to provide that the lessor of such

vehicle shall, in all respects, be substituted for the lessee or any

person operating the vehicle in conformity with the lease or rental

agreement in connection with any charge of violating this section,

provided that any summons issued to the operator for violation of this

section is turned over to the lessor. A violation of this subdivision

shall be punishable by a fine of not less than fifty nor more than one

hundred dollars for a first offense, and by a fine of not less than

fifty nor more than two hundred dollars or by imprisonment for not more

than fifteen days, or by both such fine and imprisonment, for each

subsequent offense; provided however, that if the vehicle bears a

certificate or certificates of inspection which was or were valid within

the last sixty days, such violation shall be punishable by a fine of not

less than twenty-five nor more than fifty dollars.

(c) No motor vehicle shall be registered in this state unless a valid

certificate or certificates of inspection is or are in force therefor,

except where the vehicle is outside the state at the time of application

for registration and the owner has secured from the commissioner a

written extension of the time for inspection of such vehicle.

(d) No person shall issue a certificate or certificates of inspection,

inspection extension, or rejection notice without having made a complete

inspection or inspections in conformity with the rules and regulations

established by the commissioner, or shall wilfully issue a certificate

or certificates of inspection for a motor vehicle, the mechanisms and

other equipment or emissions of which do not comply with the standards

prescribed by the rules and regulations established by the commissioner

or the commissioner of environmental conservation, or wilfully issue a

certificate of inspection extension or rejection notice when the item or

items of inspection conform to the standards established by the

regulations of the commissioner or wilfully issue a certificate of

inspection extension or rejection notice for an item or items for which

inspection is not required by the regulations of the commissioner.

(e) Any person who shall make, issue or knowingly use any imitation or

counterfeit of an official certificate of inspection, or who shall

possess or display or cause or permit to be displayed upon any motor

vehicle any certificate of inspection knowing the same to be fictitious

or issued without an inspection or required repairs having been made,

or, who unlawfully mutilates a valid certificate of inspection or

rejection, or who shall knowingly issue, obtain or present a false

statement in connection with a waiver authorized by this article, or who

unlawfully removes such a certificate from a motor vehicle, shall be

guilty of a misdemeanor. The provisions of this subdivision shall also

apply to any temporary indicia of inspection provided for by regulation

of the commissioner.

(f) Any person who shall display or cause or permit to be displayed

any sign, mark or advertisement as an official inspection station unless

a license has been issued by the commissioner and is then in effect or

who shall transfer or attempt to transfer a license as an official

inspection station, or who knowingly makes a false statement in an

application for a license for an official inspection station, or renewal

thereof, shall be guilty of a misdemeanor.

Voluntary inspection. The owner of any motor vehicle, as

defined in article one of this chapter, whose motor vehicle is not

required to be inspected and certified pursuant to this article or who

has previously complied therewith may, nevertheless, voluntarily comply

with the provisions of this article as often as he desires, and in the

same manner as though such inspection and certification were so

required.

Definitions. As used in this article the term "motor vehicle"

shall include trailers and all vehicles included in the definition of

the term "motor vehicle" contained in section one hundred twenty-five of

this chapter except the following:

1. Road rollers, tractor cranes, truck cranes, power shovels, road

building machines, snow plows, road sweepers, sand spreaders, well

drillers, well servicing rigs, feed processing machines, mobile car

crushers, earth movers, trucks with small wheels used in a factory,

warehouse or railroad station, agricultural spreaders and sprayers, or a

tractor-trailer combination designed and used exclusively for the same

purpose as a vehicle specifically included in the foregoing, or

2. Vehicles inspected by or operating under a certificate of

inspection authorized by the commissioner of transportation or the

interstate commerce commission, or of a municipally owned and operated

transit system, or

3. Farm vehicles registered under subdivision thirteen of section four

hundred one of this chapter, self-propelled combines, self-propelled

corn and hay harvesting machines and tractors used exclusively for

agricultural purposes, or

4. Vehicles subject to inspection and licensing by local authorities

provided such inspection by such local authorities conforms with the

standards established by the commissioner under this article, or

5. Fire vehicles, except ambulances; or

6. Police vehicles for which the department operating such vehicles

has submitted a plan approved by the commissioner, who shall establish

the standards therefor, for periodic inspection thereof. Such plans

shall be submitted to the commissioner by September thirtieth of each

year. In determining the acceptability of such inspection plans and in

establishing standards therefor, the commissioner shall require that

such periodic inspections shall be substantially equivalent to

inspections required for other motor vehicles under this article and

shall be made with respect to such mechanisms and equipment as shall be

determined by the commissioner to be necessary for the proper and safe

operation of such vehicles.

Mandatory reporting. If any motor vehicle is presented for

inspection at a licensed official inspection station, and such vehicle

has been altered, a vehicle commonly referred to as a "stretch

limousine", so as to add seating capacity beyond that provided by the

original manufacturer by way of an extended chassis, lengthened wheel

base, or an elongated seating area, and in the case of a truck, has been

modified to transport passengers, such licensed official inspection

station shall refuse inspection for such vehicle and promptly report

such vehicle to the commissioner in a form and manner prescribed by such

commissioner. Provided, however, that the provisions of this section

shall not apply to any altered motor vehicle for which the department of

transportation has issued an exemption letter pursuant to paragraph

three of subdivision (f) of part 79.20 of title fifteen of the codes,

rules, and regulations of the state of New York and that is in

compliance with part 567 of title forty-nine of the code of federal

regulations.

Legislative findings. 1. The legislature hereby finds and

declares that the safety of the motoring public depends on a modern

system of periodic motor vehicle inspection.

2. In nineteen hundred fifty-nine New York state recognized the need

for inspection of motor vehicles to assure its citizens that their

safety would be protected by removing from its highways those cars whose

mechanical condition did not meet rigid standards of safety.

3. The introduction of anti-pollution devices and newly developed

safety attachments to modern automobiles requires that experimental

inspection stations be established to permit the testing of new methods

of periodic motor vehicle inspection.

4. The creation of new techniques of periodic motor vehicle inspection

has become the concern of the federal government, and federal funds are

now available for the development of criteria for modern inspection

methods. Therefore, legislation should be enacted to promote the

advancement of the periodic motor vehicle inspection program in New York

state.

Establishment of experimental motor vehicle inspection

stations. The commissioner of motor vehicles is hereby directed to

establish, maintain and/or conduct experimental motor vehicle inspection

stations, by contract or pursuant to an appropriation made therefor, for

the purpose of making the inspection prescribed by article five of the

vehicle and traffic law and for the purpose of issuing certificates of

inspection.

Federal funds. The commissioner is hereby authorized to seek

and obtain federal funds to establish, maintain and/or conduct such

experimental motor vehicle inspection stations.

Contracts. The commissioner may in his discretion enter into

contracts with other outside agencies to provide testing devices, supply

facilities, maintain and conduct experimental motor vehicle inspections

under his direction and supervision.

Fees. The schedule of fees charged by such an experimental

motor vehicle inspection station for making the inspection required

shall be subject to the approval of the commissioner, provided, however,

that such fees shall provide sufficient revenue, either by themselves or

when combined with any federal funds made available to the commissioner,

to meet the total costs of the experimental motor vehicle inspection

program herein established.

Reports. The commissioner shall, not later than January

first, nineteen hundred seventy-eight, submit to the governor and to the

legislature a report on the operation and maintenance of such stations.

Short title and declaration of purpose. (1) This article shall

be known and may be cited as the "Motor Vehicle Financial Security Act."

(2) Declaration of purpose. The legislature is concerned over the

rising toll of motor vehicle accidents and the suffering and loss

thereby inflicted. The legislature determines that it is a matter of

grave concern that motorists shall be financially able to respond in

damages for their negligent acts, so that innocent victims of motor

vehicle accidents may be recompensed for the injury and financial loss

inflicted upon them. The legislature finds and declares that the public

interest can best be served in satisfying the insurance requirements of

this article by private enterprise operating in a competitive market to

provide proof of financial security through the methods prescribed

herein.

Nothing in this article shall be construed to affect any change in the

application of article twenty-three of the insurance law to automobile

liability insurance rate-making or to effect the development of various

methods of doing or operating an automobile liability insurance

business.

Definitions. As used in this article:

1. The term "superintendent" shall mean the superintendent of

financial services of this state.

2. The term "motor vehicle" shall be defined as in section one hundred

twenty-five of this chapter, except that it shall also include trailers,

semi-trailers and tractors other than tractors used exclusively for

agricultural purposes, and shall exclude fire and police vehicles, farm

equipment, including self-propelled machines used exclusively in

growing, harvesting or handling farm produce, tractors used exclusively

for agricultural purposes, or for snow plowing other than for hire, and

self-propelled caterpillar or crawler-type equipment while being

operated on the contract site.

3. The term "proof of financial security" shall mean proof of ability

to respond in damages for liability arising out of the ownership,

maintenance or use of a motor vehicle as evidenced by an owner's policy

of liability insurance, a financial security bond, a financial security

deposit, or qualifications as a self-insurer under section three hundred

sixteen of this chapter or, in the case of a non-resident, under

self-insurance provisions of the laws of the jurisdiction of such

non-resident. Notwithstanding any other provision of any law or

regulation, any proof of financial security shall for any self-propelled

motor vehicle also provide coverage required by this article to any

non-commercial trailer hauled by any such motor vehicle, other than a

mobile home. For the purposes of this article, a mobile home or

"manufactured home" means a mobile home or manufactured home as defined

in section one hundred twenty-two-c of this chapter.

4. The term "owner's policy of liability insurance" shall mean a

policy

(a) Affording coverage as defined in the minimum provisions prescribed

in a regulation which shall be promulgated by the superintendent at

least ninety days prior to effective date of this act. The

superintendent before promulgating such regulations or any amendment

thereof, shall consult with all insurers licensed to write automobile

liability insurance in this state and shall not prescribe minimum

provisions which fail to reflect the provisions of automobile liability

insurance policies, other than motor vehicle liability policies as

defined in section three hundred forty-five of this chapter, issued

within this state at the date of such regulation or amendment thereof.

Nothing contained in such regulation or in this article shall prohibit

any insurer from affording coverage under an owner's policy of liability

insurance more liberal than that required by said minimum provisions.

Every such owner's policy of liability insurance shall provide insurance

subject to said regulation against loss from the liability imposed by

law for damages, including damages for care and loss of services,

because of bodily injury to or death of any person and injury to or

destruction of property arising out of the ownership, maintenance, use,

or operation of a specific motor vehicle or motor vehicles within the

state of New York, or elsewhere in the United States in North America or

the Dominion of Canada, subject to a limit, exclusive of interest and

costs, with respect to each such motor vehicle except a tow truck, of

twenty-five thousand dollars because of bodily injuries to and fifty

thousand dollars because of death of one person in any one accident and,

subject to said limit for one person, to a limit of fifty thousand

dollars because of bodily injury to and one hundred thousand dollars

because of death of two or more persons in any one accident, and to a

limit of ten thousand dollars because of injury to or destruction of

property of others in any one accident provided, however, that such

policy need not be for a period coterminous with the registration period

of the vehicle insured. The limit, exclusive of interest and costs, with

respect to a tow truck shall be a combined single limit of at least

three hundred thousand dollars because of bodily injury or death to one

or more persons or because of injury or destruction of property of

others in any one accident, and to a limit of twenty-five thousand

dollars because of damage to a vehicle in the care, custody and control

of the insured. Any insurer authorized to issue an owner's policy of

liability insurance as provided for in this article may, pending the

issue of such a policy, make an agreement, to be known as a binder, or

may, in lieu of such a policy, issue a renewal endorsement or evidence

of renewal of an existing policy; each of which shall be construed to

provide indemnity or protection in like manner and to the same extent as

such a policy. The provisions of this article shall apply to such

binders, renewal endorsements or evidences of renewal. Every such policy

issued insuring private passenger vehicles and every renewal policy,

renewal endorsement, or other evidence of renewal issued shall have

attached thereto a rating information form which clearly specifies and

defines the rating classification assigned thereto, including any

applicable merit rating plan; and

(b) In the case of a vehicle registered in this state, a policy issued

by (i) an insurer duly authorized to transact business in this state or

(ii) where a vehicle is registered by a not-for-profit organization that

is tax-exempt under section 501(c)(3) of the federal internal revenue

code, a risk retention group not chartered in this state but which is

registered with the superintendent under the federal liability risk

retention act of 1986, comprised entirely of organizations that are

tax-exempt under section 501(c)(3) of the federal internal revenue code

and where the risk retention group qualifies as a charitable risk pool

under section 501(n) of the federal internal revenue code, provided that

the vehicle being registered does not have a seating capacity of more

than fifteen passengers, is not a limousine or luxury limousine, and

where such vehicles are not solely for personal use by a director,

officer, authorized person, or key person, their relatives or related

parties; or

(c) In the case of a vehicle lawfully registered in another state, or

in both this state and another state, (i) a policy issued by an

authorized insurer, or (ii) where a vehicle is registered by a

not-for-profit organization that is tax-exempt under section 501(c)(3)

of the federal internal revenue code, a risk retention group not

chartered in this state but which is registered with the superintendent

under the federal liability risk retention act of 1986, comprised

entirely of organizations that are tax-exempt under section 501(c)(3) of

the federal internal revenue code and where the risk retention group

qualifies as a charitable risk pool under section 501(n) of the federal

internal revenue code, provided that the vehicle being registered does

not have a seating capacity of more than fifteen passengers, is not a

limousine or luxury limousine, and where such vehicles are not solely

for personal use by a director, officer, authorized person, or key

person, their relatives or related parties, or (iii) a policy issued by

an unauthorized insurer authorized to transact business in another state

if such unauthorized insurer files with the commissioner in form to be

approved by them a statement consenting to service of process and

declaring its policies shall be deemed to be varied to comply with the

requirements of this article; and

(d) The form of which has been approved by the superintendent, except

in the case of a risk retention group not chartered in this state. No

such policy shall be issued or delivered in this state until a copy of

the form of policy shall have been on file with the superintendent for

at least thirty days, unless sooner approved in writing by the

superintendent, nor if within said period of thirty days the

superintendent shall have notified the carrier in writing that in the

superintendent's opinion, specifying the reasons therefor, the form of

policy does not comply with the laws of this state.

5. The term "certificate of insurance" shall mean any evidence issued

by or on behalf of an insurance company duly authorized to transact

business in this state, or a risk retention group authorized to issue an

owner's policy of liability insurance pursuant to subdivision four of

this section, stating in such form as the commissioner may prescribe or

approve that such company or such risk retention group has issued an

owner's policy of liability insurance on the motor vehicle or vehicles

designated therein. Such certificate shall contain information as

required by the commissioner including at least the following except as

otherwise provided:

(a) The name and address of the person to whom the policy was issued.

(b) The number and effective period of the policy. If all of the motor

vehicles owned by one person during a defined period are insured under

the same owner's policy of liability insurance the certificate of

insurance may so state and it shall then not be necessary to identify

the specific vehicle insured. The requirements of this article for an

owner's policy of liability insurance may be fulfilled by the policies

of one or more insurance carriers which policies together meet such

requirements.

(c) As to new policies, a statement that at least ten per cent of the

annual premium due on the policy has been paid. For the purposes of this

paragraph a transfer of insurance from one company to another by an

agent or broker shall not be considered the issuance of a new policy.

6. The term "financial security bond" shall mean for each motor

vehicle a bond executed by the owner and by a surety company duly

authorized to transact business in this state. The provisions of

subdivision (e) of section three hundred forty-nine of this chapter

shall apply to such bond.

7. The term "financial security deposit" shall mean for each motor

vehicle the deposit with the commissioner of twenty-five thousand

dollars in cash, or securities, such as may legally be purchased by

savings banks or trust funds, of a market value of twenty-five thousand

dollars and an additional deposit in an amount determined by the

commissioner to be sufficient to satisfy the requirements of article

fifty-one of the insurance law.

8. The term "self-insurer" shall mean a person who shall have been

determined by the commissioner in accordance with section three hundred

sixteen to be financially responsible.

9. The word "state" when used in this article shall unless the context

clearly indicates otherwise, mean any state, territory or possession of

the United States, the District of Columbia or any province of the

Dominion of Canada.

10. "Insurance Identification Card" shall mean a card issued by or on

behalf of an insurance company or bonding company duly authorized to

transact business in this state, or a risk retention group authorized to

issue an owner's policy of liability insurance pursuant to subdivision

four of this section, stating in such form as the commissioner may

prescribe or approve that such company or such risk retention group has

issued an owner's policy of liability insurance or a financial security

bond on the motor vehicle or vehicles designated therein. Such card

shall contain such information and shall be valid during such period as

may be prescribed by the commissioner. If an owner shall have filed a

financial security deposit, or shall have qualified as a self-insurer

under section three hundred sixteen of this article, the term "insurance

identification card" shall mean a card issued by the department which

evidences that such deposit has been filed or that such owner has so

qualified.

Registration of motor vehicles. 1. (a) No motor vehicle shall

be registered in this state unless the application for such registration

is accompanied by proof of financial security which shall be evidenced

by proof of insurance or evidence of a financial security bond, a

financial security deposit or qualification as a self-insurer under

section three hundred sixteen; provided that, if directed by regulation

of the commissioner, upon renewal of registration an application

accompanied by a certificate of registration or renewal stub in force

immediately preceding the date of application for renewal, together with

a statement in a form prescribed by the commissioner certifying that

there is in effect proof of financial security, shall meet the

requirements of this section. Upon the issuance or renewal of a private

passenger automobile insurance policy subject to the provisions of

section one hundred sixty-seven-aa of the insurance law, the insurance

company shall provide the insured with an informational statement

outlining the legal and financial consequences of convictions under

section one thousand one hundred ninety-two of this chapter, pertaining

to operating a motor vehicle while under the influence of alcohol or

drugs. Such information shall be supplied to the company by the state

department of financial services in consultation with the commissioner.

(b) The owner of such motor vehicle shall maintain proof of financial

security continuously throughout the registration period and his failure

to produce proof of financial security when requested to do so upon

demand of a magistrate, motor vehicle inspector, peace officer, acting

pursuant to his special duties, or police officer, while such vehicle is

being operated upon the public highway, shall be presumptive evidence of

operating a motor vehicle without proof of financial security. Upon the

production of proof of financial security such presumption is removed.

Production of proof of financial security may be made by mailing such

proof to the court having jurisdiction in the matter, and any necessary

response by such court or acknowledgement of the production of such

proof may also be made by mail. When insurance with respect to any motor

vehicle, other than a motorcycle, is terminated the owner shall

surrender forthwith his registration certificate and number plates of

the vehicle to the commissioner unless proof of financial security

otherwise is maintained in compliance with this article.

2. No financial security bond shall be accepted by the commissioner

unless it is conditioned for payments in amount and under the same terms

and conditions as are required for an owner's policy of liability

insurance.

3. No financial security deposit shall be accepted by the commissioner

except in accordance with the provisions of section three hundred

fourteen.

4. The commissioner is hereby authorized to promulgate reasonable

regulations to provide effective administration and enforcement of the

provisions of this article in accordance with the purposes thereof.

5. Notwithstanding any inconsistent provisions of this article, the

commissioner may by regulation, in lieu of the provisions of subdivision

one requiring the submission of a certificate of insurance or evidence

of a financial security bond, require that an insurance identification

card be presented each time a vehicle is registered or a registration is

renewed in this state.

Issuance and termination of liability insurance and

maintenance of records. * 1. Upon issuance of an owner's policy of

liability insurance or other financial security required by this

chapter, an insurer shall issue proof of insurance in accordance with

the regulations promulgated by the commissioner pursuant to paragraph

(b) of subdivision two of section three hundred thirteen of this

article.

* NB Effective until December 31, 2028

* 1. Upon issuance of an owner's policy of liability insurance or

other financial security required by this chapter, an insurer shall

issue proof of insurance in accordance with the regulations promulgated

by the commissioner pursuant to subdivision two of section three hundred

thirteen of this article.

* NB Effective December 31, 2028

2. The commissioner shall make a record of all notices of termination

received by him. After such record has been made, the notices need not

be retained by the commissioner.

Notice of termination. 1. (a) No contract of insurance for

which a certificate of insurance has been filed with the commissioner

shall be terminated by cancellation by the insurer until at least twenty

days after mailing to the named insured at the address shown on the

policy a notice of termination by regular mail, with a certificate of

mailing, properly endorsed by the postal service to be obtained, except

where the cancellation is for non-payment of premium in which case

fifteen days notice of cancellation by the insurer shall be sufficient,

provided, however, if another insurance contract has been procured, such

other insurance contract shall, as of its effective date and hour,

terminate the insurance previously in effect with respect to any motor

vehicles designated in both contracts. No contract of insurance for

which a certificate of insurance has been filed with the commissioner in

which a natural person is the named insured and the motor vehicle is

used predominantly for non-business purposes shall be non-renewed by an

insurer unless at least forty-five, but not more than sixty days in

advance of the renewal date the insurer mails or delivers to the named

insured at the address shown on the policy a written notice of its

intention not to renew. No such contract of insurance in which the named

insured is not a natural person or the motor vehicle is used

predominantly for business purposes shall be non-renewed by an insurer

unless at least twenty days in advance of the renewal date the insurer

mails or delivers to the named insured at the address shown on the

policy a written notice of its intention not to renew. All notices of

non-renewal shall be sent by regular mail with a certificate of mailing,

properly endorsed by the postal service to be obtained. Time of the

effective date and hour of termination stated in the notice shall become

the end of the policy period. Every notice or acknowledgement of

termination for any cause whatsoever sent to the insured shall include

in type of which the face shall not be smaller than twelve point a

statement that proof of financial security is required to be maintained

continuously throughout the registration period and a notice prescribed

by the commissioner indicating the punitive effects of failure to

maintain continuous proof of financial security and actions which may be

taken by the insured to avoid such punitive effects.

(b) Every insurer shall retain a copy of the notice of termination

mailed pursuant to this chapter and shall retain the certificate of

mailing obtained from the postal service upon the mailing of the

original of said notice. A copy of a notice of termination and the

certificate of mailing, when kept in the regular course of the insurer's

business, shall constitute conclusive proof of compliance with the

mailing requirements of this chapter.

* 2. (a) Upon the termination of an owner's policy of liability

insurance, other than an owner's policy of liability insurance for a

motorcycle, at the request of the insured or by cancellation by the

insurer, the insurer shall file a notice of termination with reference

to such policy, as opposed to any insured vehicle or vehicles under such

policy, with the commissioner not later than thirty days following the

effective date of such cancellation or other termination, in accordance

with the regulations required by paragraph (c) of this subdivision. An

insurer shall not file a notice of termination with the commissioner

except as required by this subdivision.

(b) Upon the issuance of an owner's policy of liability insurance the

insurer shall file a notice or confirmation of issuance with reference

to such policy not later than fourteen days following the effective date

of such issuance, and not later than seven days following the effective

date for policies issued after January first, two thousand one, in

accordance with the regulations required by paragraph (c) of this

subdivision.

(c) The commissioner shall promulgate regulations establishing

procedures for issuance of proof of insurance and for reporting by

insurers of notices of termination and policy issuance, either

electronically or by paper copy, at the option of the department. Such

reporting shall be required for every cancellation or termination which

is effective on or after July first, nineteen hundred eighty-four and

for every policy issuance which is effective on or after January first,

two thousand; provided, however, that should the commissioner find,

after testing of reporting procedures, that it would be feasible to

require reporting for policy cancellations, terminations or issuances

effective on an earlier date, he may by regulation so require reporting

on such earlier date, but in no event shall reporting be required for

cancellations or terminations effective prior to February first,

nineteen hundred eighty-four nor for policy issuances effective prior to

September first, nineteen hundred ninety-nine. Insurers shall cooperate

fully with the commissioner in any such testing of reporting procedures.

(d) Upon application by an insurer, the commissioner may extend the

period for filing of notices of termination by such insurer for up to

fifteen days, and for seven days for policies issued by an insurer.

Extensions shall not be granted unless the insurer demonstrates to the

satisfaction of the commissioner that compliance with the notice period

would result in substantial hardship to the insurer. The commissioner

shall maintain a list of extensions granted pursuant to this paragraph.

* NB Effective until December 31, 2028

* 2. The commissioner shall promulgate regulations establishing

procedures for issuance of proof of insurance.

* NB Effective December 31, 2028

* 3. A cancellation or termination for which notice is required to be

filed with the commissioner pursuant to subdivision two of this section

shall not be effective with respect to persons other than the named

insured and members of the insured's household until the insurer has

filed a notice thereof with the commissioner or until another insurance

policy covering the same risk has been procured, except that a notice

filed with the commissioner, in the format prescribed by the

commissioner, within the period prescribed in subdivision two of this

section shall be effective as of the date certified therein, regardless

of whether a suspension order is issued pursuant to section three

hundred eighteen of this article. A receipt from the department stating

that a notice of termination has been filed shall be deemed conclusive

evidence of such filing. An insurer shall cooperate with the

commissioner in attempting to identify persons not in compliance with

this article in cases where the information reported by the insurer does

not correspond with records maintained by the department.

* NB Effective until December 31, 2028

* 3. A cancellation or termination for which notice is required to be

filed with the commissioner shall not be effective with respect to

persons other than the named insured and members of the insured's

household until the insurer has filed a notice thereof with the

commissioner or until another insurance policy covering the same risk

has been procured, except that a notice filed with the commissioner, in

the format prescribed by the commissioner, shall be effective as of the

date certified therein, regardless of whether a suspension order is

issued pursuant to section three hundred eighteen of this article. A

receipt from the department stating that a notice of termination has

been filed shall be deemed conclusive evidence of such filing. An

insurer shall cooperate with the commissioner in attempting to identify

persons not in compliance with this article in cases where the

information reported by the insurer does not correspond with records

maintained by the department.

* NB Effective December 31, 2028

* 4. Notwithstanding any other provision of this article to the

contrary, the commissioner shall establish a pilot program to maintain

an up-to-date insured vehicle identification database to assist in

identifying uninsured motor vehicles. Such databases shall be

implemented by the department pursuant to standards prescribed by the

commissioner or an agent designated by the commissioner which shall seek

technical assistance from affected insurers and the New York Automobile

Insurance Plan. This program shall utilize all information collected

pursuant to this section and shall also include the following elements:

(a) In addition to and in conjunction with the provisions of

subdivision two of this section, insurers that write private passenger

or commercial motor vehicle insurance in this state shall also submit to

the department, either electronically or by paper copy, at the option of

the department, information that identifies those policies that have

been cancelled, terminated or non-renewed and all policies that have

been issued, the date when such insurance lapses, and any other

information that the commissioner deems necessary to efficiently

identify and track uninsured vehicles in this state such as a

policyholder's address, policy number, vehicle registration number, and

vehicle identification number. The department may exempt from such pilot

program the transfer of information on certain classifications of

vehicles that are in the opinion of the department generally insured and

which it is difficult to identify uninsured vehicles within such

classification, such as large commercial vehicle fleets;

(b) The department shall forward to each motor vehicle insurer, at

such times as deemed necessary and appropriate by the commissioner, a

listing of all the registrants the department has on file as insured

with that insurer. Such insurer shall then review the listing within

thirty days of receipt of the listing and report to the department which

of the registrants the insurer does not insure;

(c) The commissioner shall, in conjunction with the superintendent of

state police and local law enforcement officials formulate a means to

allow such database to be easily accessible to on-duty law enforcement

personnel in the performance of their official duties for the purpose of

verifying whether an operator maintains proper insurance coverage and to

increase compliance with the motor vehicle financial security laws under

this article and article eight of this title;

(d) In developing the mechanism to electronically transfer information

to the department, the commissioner shall consult with the

superintendent of financial services and insurers to adopt a

standardized system of organizing, recording and transferring such

information so as to minimize insurer administrative expenses. The

commissioner shall to the maximum extent possible utilize nationally

recognized electronic data information systems such as those developed

by the American National Standards Institute or the American Association

of Motor Vehicle Administrators;

(e)(1) Either simultaneously or after the up-dated database system has

been established, the commissioner shall develop a computer indicator

that can be imprinted on a vehicle registration sticker or on a sticker

to be affixed to the insured's license plate. Such indicator system

shall enable law enforcement personnel and other authorized persons when

acting in the course of their official duties to access the department's

database so that such persons can ascertain whether a vehicle is

properly insured or not insured;

(2) Such computer indicator system shall enable authorized persons in

the performance of their official duties to access information such as

the registrant's name, vehicle identification number, name of insurer,

current status of insurance, vehicle registration number and other

information that the commissioner deems necessary to implement the

provisions of this section. The commissioner in developing such computer

indicator system shall enable authorized persons in the performance of

their official duties to access only such information that is necessary

to detect uninsured motor vehicles or accomplish other goals clearly

established and authorized by law. Such computer indicator system shall

be designed to protect the personal privacy interests of motorists;

(f) The commissioner shall maintain an insured vehicle database system

that is accurate to within a period of fourteen days and a computer

indicator system described in paragraph (e) of this subdivision within

twenty-four months of the effective date of this subdivision and to

within seven days by January first, two thousand one. The commissioner

shall submit to the legislature a report within eighteen months from the

date this subdivision takes effect which outlines the progress being

made to implement such database and computer indicator system. After

such database and computer indicator system is established and put into

operation, the commissioner shall make recommendations to the

legislature to alter, minimize or eliminate the need for the issuance of

insurance identification cards, simplify the requirements to demonstrate

proof of financial security and certificate of insurance currently

required by this article, eliminate the requirement for production of

proof of financial security to accompany applications for registrations

or renewals thereof provided that such database indicates that the

registrant is insured, and the repeal or modification of section three

hundred twelve-a of this article. The commissioner shall also make

recommendations to the legislature to streamline and shorten the notice

termination requirements of subdivisions one, two and three of this

section and section three hundred eighteen of this article. Such report

shall be submitted to the legislature within twelve months from the date

such database and indicator system has been implemented;

(g) To minimize the cost of this program, the commissioner, if he

deems it necessary and prudent, can initially limit the scope of this

project to a select number of vehicle classifications or insurers;

(h) Notwithstanding any other provision of law, information obtained

by the department pursuant to this section shall not be disclosed, used,

sold, accessed, utilized in any manner or released by the department to

any person, corporation, or state and local agency, except in response

to a specific, individual request for such information authorized

pursuant to the federal driver's privacy protection act (18 U.S.C. 2721

et.seq.). The department shall institute measures to ensure that only

authorized persons are permitted to access such information for the

purposes specified by this section. Persons who knowingly release or

disclose information from such database for a purpose other than those

described as authorized by this section or to a person not entitled to

receive it shall be guilty of a misdemeanor for each such release or

disclosure; and

(i) The commissioner may postpone implementation of such pilot

database and computer indicator system for a period of time not to

exceed eighteen months if he or she determines that the program is not

ready for implementation. Should the commissioner determine that such

system cannot be implemented during the eighteen months extension, then

the commissioner shall report to the legislature the reasons why such

program cannot be implemented and request that the law be amended to

delay its implementation date.

* NB Effective until December 31, 2028

* 4. Notwithstanding any other provision of this article to the

contrary, the commissioner shall establish a system for the online

verification of motor vehicle liability insurance to enable the

commissioner to access up-to-date insured vehicle identification

information to assist in identifying uninsured motor vehicles, and shall

verify motor vehicle owners' policies of liability insurance through the

utilization of such online verification system. Such online verification

system shall be implemented by the department pursuant to standards

prescribed by the commissioner who shall seek technical assistance from

affected insurers and the New York Automobile Insurance Plan. This

online verification system shall utilize all information collected

pursuant to this section and shall also include the following elements:

(a) Insurers that write private passenger or commercial motor vehicle

insurance in this state shall, with respect to every motor vehicle

insured by such insurer in the state and in compliance with any rules

and regulations promulgated by the commissioner for the online

verification system established pursuant to this subdivision, provide

the commissioner access to information that identifies those motor

vehicle liability insurance policies that have been cancelled,

terminated or non-renewed and all such policies that have been issued,

the date when such insurance lapses, and any other information that the

commissioner deems necessary to efficiently identify and track uninsured

vehicles in this state such as a policyholder's address, policy number,

vehicle registration number, and vehicle identification number. The

department may exempt from such online verification system the transfer

of information on certain classifications of vehicles that are in the

opinion of the department generally insured and which it is difficult to

identify uninsured vehicles within such classification, such as large

commercial vehicle fleets;

(b) The commissioner shall, in conjunction with the superintendent of

state police and local law enforcement officials formulate a means to

allow information from such online verification system to be easily

accessible to on-duty law enforcement personnel in the performance of

their official duties for the purpose of verifying whether an operator

maintains proper insurance coverage and to increase compliance with the

motor vehicle financial security laws under this article and article

eight of this title;

(c) In developing the mechanism for such online verification system to

electronically transfer information to the department, the commissioner

shall consult with the superintendent of financial services and insurers

to adopt a standardized system of organizing, recording and transferring

such information so as to minimize insurer administrative expenses. The

commissioner shall to the maximum extent possible utilize nationally

recognized electronic data information systems such as those developed

by the American National Standards Institute or the American Association

of Motor Vehicle Administrators;

(d)(1) Either simultaneously or after the online verification system

has been established, the commissioner shall develop a computer

indicator that can be imprinted on a vehicle registration sticker or on

a sticker to be affixed to the insured's license plate. Such indicator

system shall enable law enforcement personnel and other authorized

persons when acting in the course of their official duties to access

information in the department's online verification system so that such

persons can ascertain whether a vehicle is properly insured or not

insured;

(2) Such computer indicator system shall enable authorized persons in

the performance of their official duties to access information such as

the registrant's name, vehicle identification number, name of insurer,

current status of insurance, vehicle registration number and other

information that the commissioner deems necessary to implement the

provisions of this section. The commissioner in developing such computer

indicator system shall enable authorized persons in the performance of

their official duties to access only such information that is necessary

to detect uninsured motor vehicles or accomplish other goals clearly

established and authorized by law. Such computer indicator system shall

be designed to protect the personal privacy interests of motorists;

(e) (i) The commissioner shall maintain such online verification

system which shall be accurate to within a period of seven days;

(ii) The commissioner shall provide that such online verification

system shall, at a minimum:

(1) have the capability for the department to send requests to motor

vehicle insurers for verification of evidence of a motor vehicle owner's

policy of liability insurance as prescribed by this chapter via web

services, through the internet, or a similar proprietary or common

carrier electronic system, as well as to receive from motor vehicle

insurers verification of evidence of a motor vehicle owner's policy of

liability insurance in a form and manner as prescribed by the

commissioner;

(2) incorporate information security protections for such system. For

the purposes of this section, "information security" shall mean

protecting information and information systems from unauthorized access,

use, disclosure, disruption, modification, or destruction in order to

provide (A) integrity, which shall mean guarding against improper

information modification or destruction, and includes ensuring

information nonrepudiation and authenticity, (B) confidentiality, which

shall mean preserving authorized restrictions on access and disclosure,

including means for protecting personal privacy and proprietary

information, and (C) availability, which shall mean ensuring timely and

reliable access to and use of information as authorized by this

subdivision;

(3) have the capability of being utilized for verification of

mandatory motor vehicle liability insurance coverage as prescribed by

this chapter and the ability to be interfaced, wherever authorized by

law, with existing or future state systems, in a form and manner as

prescribed by the commissioner;

(4) have the capability of enabling the department to make inquiries

to motor vehicle insurers for evidence of a motor vehicle owner's policy

of liability insurance as set forth in paragraph (a) of this

subdivision;

(5) have the capability of responding to each request of the

department for motor vehicle liability insurance information within an

amount of time determined by the commissioner; and

(6) have the capability of responding within the time established;

(f) Notwithstanding any other provision of law, information obtained

by the department pursuant to this section shall not be disclosed, used,

sold, accessed, utilized in any manner or released by the department to

any person, corporation, or state and local agency, except in response

to a specific, individual request for such information authorized

pursuant to the federal driver's privacy protection act (18 U.S.C. 2721

et.seq.). The department shall institute measures to ensure that only

authorized persons are permitted to access such information for the

purposes specified by this section. Persons who knowingly release or

disclose information from such online verification system for a purpose

other than those described as authorized by this section or to a person

not entitled to receive it shall be guilty of a misdemeanor for each

such release or disclosure; and

(g) Undergo an appropriate testing and pilot period of not less than

one year, after which the commissioner shall certify in writing to the

governor, the temporary president of the senate, and the speaker of the

assembly that such system is fully operational.

* NB Effective December 31, 2028

Acceptance of financial security deposits. 1. All moneys or

securities delivered to the commissioner as a financial security deposit

shall be placed by the commissioner in the custody of the commissioner

of taxation and finance and shall be subject to execution to satisfy any

judgment for damages for bodily injury or death, or injury to or

destruction of property, arising out of the ownership, maintenance, use

or operation of the motor vehicle with respect to which the deposit has

been accepted, and subject to the same limits on amounts required by

this article for an owner's policy of liability insurance, and if such

moneys or securities shall be otherwise subjected to attachment or any

execution, the depositor shall immediately furnish such additional

moneys or securities, not otherwise subject to attachment or execution,

to meet the requirements of this article.

2. The commissioner shall not accept such moneys or securities as a

financial security deposit unless accompanied by evidence that there are

no unsatisfied judgments against such person registered in the office of

the county clerk of the county where such person resides.

Release of financial security bonds or deposits. 1. The

commissioner, upon the surrender of the registration and number plates

for a motor vehicle for which a financial security bond or deposit was

accepted by the commissioner, shall permit the cancellation of any such

bond or shall direct that any such deposit be returned by the

commissioner of taxation and finance. The commissioner shall not release

such bond or deposit in the event any action for damages upon a

liability referred to in this article is then pending or any judgment

upon any such liability then outstanding and unsatisfied, or in the

event the commissioner has received notice that such person has within

the period of three months immediately preceding been involved as a

driver in any motor vehicle accident. An affidavit of the applicant of

non-existence of such facts shall be sufficient evidence thereof in the

absence of evidence to the contrary in the records of the bureau.

2. The commissioner, subject to such reasonable regulations as he may

establish shall permit the form of proof of financial security

acceptable under this article to be substituted for another form of

proof of financial security which may already have been accepted by the

commissioner as complying with the provisions of this article.

Self-insurers. The commissioner, in his discretion, may upon

the application of a person having registered in his name in this state

more than twenty-five motor vehicles, issue a certificate of

self-insurance when he is reasonably satisfied that such person is

possessed and will continue to be possessed of financial ability to

respond to judgments obtained against such person, arising out of the

ownership, maintenance, use or operation of any such person's motor

vehicles. Upon due notice and hearing, the commissioner may, in his

discretion and upon reasonable grounds, cancel a certificate of

self-insurance.

As a condition to the issuance of a certificate of self-insurance, the

registrant shall pay annually in addition to any other fee prescribed by

this chapter, a fee of one dollar and fifty cents for each motor vehicle

registered in his name and the aggregate amount of such fees shall be

applied in reduction of the assessment levied pursuant to section three

hundred seventeen.

As a further condition to the issuance of a certificate of

self-insurance, the registrant shall pay annually in addition to any

other fee prescribed by this chapter, an amount per vehicle to be

determined by the Motor Vehicle Accident Indemnification Corporation

pursuant to section five thousand two hundred seven of the insurance law

for each motor vehicle registered in his name and the aggregate amount

of such fees shall be transmitted by the commissioner to the Motor

Vehicle Accident Indemnification Corporation continued pursuant to

section five thousand two hundred three of the insurance law to be

applied in reduction of assessments levied by said corporation pursuant

to section five thousand two hundred seven of the insurance law.

Notwithstanding the provisions of any other section, for the purposes

of this section, the term "motor vehicle" shall include "snowmobiles" as

defined by subdivision six of § 8-0105 of the conservation law.

Expenses of administering article. 1. The total amount of

expenses incurred in connection with the administration of this article

shall be paid by all insurance carriers which issue policies or

contracts of automobile bodily injury insurance risks subject to this

article resident or located in this state in accordance with the

provisions of this section.

2. Estimate of expenses. (a) The commissioner annually, as soon as

practicable, shall estimate the total amount of expenses which shall be

incurred during the succeeding fiscal year in connection with the

administration of this article. Such expenses, in addition to the direct

costs of personal service, shall include the cost of maintenance and

operation, the cost of retirement contributions made and workers'

compensation premiums paid by the state for or on account of personnel,

rentals for space occupied in state-owned or state-leased buildings, the

amounts paid to a city, county, town, village or the division of state

police for the enforcement of orders issued pursuant to this article and

all other direct or indirect costs.

(b) The commissioner shall on or before February first assess the

total amount of such expenses, as so estimated, pro rata upon all

insurance carriers subject to the provisions of this section in

proportion to the premiums reported by such carriers to the department

of financial services for policies or contracts of automobile bodily

injury insurance on risks subject to this article resident or located in

this state for the year prior to the previous calendar year.

(c) For fiscal years beginning on and after April first, nineteen

hundred eighty-three, each such insurance carrier shall make partial

payments of the assessment levied against it as follows, one-quarter of

the total on March tenth of the preceding fiscal year and one-quarter on

June tenth, one-quarter on September tenth, and the balance on December

tenth of the fiscal year, or on such other dates as the budget director

may prescribe. Provided, however, that the payment due March tenth,

nineteen hundred eighty-three for the fiscal year beginning April first,

nineteen hundred eighty-three shall not be required to be paid until

June tenth, nineteen hundred eighty-three. If the total amount due from

any such carrier is less than one hundred dollars, no partial payment

shall be made and the total amount due shall be paid on or before

September thirtieth of the fiscal year.

3. Final assessment. (a) The commissioner and the department of audit

and control annually, as soon as practicable after April first, shall

ascertain the total amount of expenses incurred during the preceding

fiscal year in connection with the administration of this article. An

itemized statement of the expenses so ascertained shall be open to

public inspection in the office of the commissioner for thirty days

after notice to those liable to be assessed for such expenses.

(b) As soon as practicable after January first, each insurance carrier

subject to the provisions of this section shall file with the

commissioner a report of the total amount of gross direct premiums, less

return premiums thereon received during the preceding calendar year for

policies or contracts of automobile bodily injury insurance on risks

subject to this article resident or located in this state.

(c) The commissioner shall then determine the amount of expenses due

from each insurance carrier subject to the provisions of this section

based upon the final determination of total expenses and the final

amount of premiums filed by the insurance carriers and shall notify each

such insurance carrier of such assessment. Within thirty days of receipt

of such notification each such carrier shall pay the total amount of

such assessment less the total amount paid as a result of the estimated

assessments. If the total amount of the final assessment is less than

the amount already paid, such excess payment shall be refunded to such

insurance carrier or at the option of the assessed applied to

assessments for the succeeding fiscal year as requested by such

insurance carriers.

* (d) To fully fund such pilot database system and bar code program

established pursuant to subdivision four of section three hundred

thirteen of this article, the commissioner shall utilize the following

three sources of revenue: (1) twenty-five percent of all civil penalties

imposed upon persons fined pursuant to paragraph (b) of subdivision

one-a of section three hundred eighteen of this article, (2) monies

obtained from grants that may be awarded to the commissioner from the

motor vehicle theft and insurance fraud prevention fund, and (3) pro

rata assessments upon all insurance carriers subject to the provisions

of this section in proportion to the premium estimates filed by such

carriers.

* NB Effective until December 31, 2028

* (d) To fully fund such system for the online verification of motor

vehicle liability insurance and bar code program established pursuant to

subdivision four of section three hundred thirteen of this article, the

commissioner shall utilize the following three sources of revenue: (1)

twenty-five percent of all civil penalties imposed upon persons fined

pursuant to paragraph (b) of subdivision one-a of section three hundred

eighteen of this article, (2) monies obtained from grants that may be

awarded to the commissioner from the motor vehicle theft and insurance

fraud prevention fund, and (3) pro rata assessments upon all insurance

carriers subject to the provisions of this section in proportion to the

premium estimates filed by such carriers.

* NB Effective December 31, 2028

4. The commissioner shall levy and collect such assessments and pay

the same into the state treasury, subject to the provisions of section

one hundred twenty-one of the state finance law.

Revocation of registrations, drivers' licenses and non-resident

privileges. 1. (a) Except as otherwise provided in this subdivision, the

commissioner, upon receipt of evidence that proof of financial security

for any motor vehicle, other than a motorcycle or a motor vehicle

registered with registration plates of this state issued in the year

corresponding to the model year date in which the vehicle was

manufactured pursuant to schedule G of subdivision seven of section four

hundred one of this chapter, registered in this state is no longer in

effect shall suspend the registration of such vehicle and the driver's

license of the registrant, in accordance with the provisions of

subdivision one-a of this section.

(b) Such motor vehicle shall not be registered or reregistered in the

name of such person, or in any other name where the commissioner has

reasonable grounds to believe that such registration or reregistration

will have the effect of defeating the purposes of this article, and no

other motor vehicle shall be registered in the name of such person

during the period of such suspension.

(c) Suspension shall not be made under this subdivision upon the basis

of a lapse or termination of insurance if the registration certificate

and number plates of the motor vehicle are surrendered prior to the time

at which the termination of insurance becomes effective. Such surrender

shall be made to such officers of the department as the commissioner

shall direct, but the registrant at his option may surrender the

registration and number plates to any county clerk who is acting as an

agent of the commissioner pursuant to section two hundred five of this

chapter. Such county clerk may accept a surrender of registration and

number plates and require the payment of a fee of one dollar whether

such surrender is made before or after the effective date of termination

of insurance. The county clerk shall retain any such fee which may have

been collected, and shall return such registration certificates and

number plates, or dispose of the same, only as prescribed by the

commissioner. For the purposes of this section the expiration of a

registration without renewal of such registration shall be deemed to be

a surrender of registration as of the date of expiration.

(d) Suspension shall not be made under this subdivision upon the basis

of a lapse or termination of insurance if the vehicle has been, or will

be, prior to the date of such lapse or termination, removed from the

United States in North America and the Dominion of Canada for the

purpose of international traffic, provided that the owner of such

vehicle, prior to the date of such lapse or termination, has filed with

the commissioner a statement, in a form prescribed by him, indicating

that the vehicle has been, or will be, so removed, and agreeing to

notify the commissioner immediately upon return of the vehicle to the

United States in North America or the Dominion of Canada. Upon receipt

of the foregoing statement the commissioner shall restrict the use of

the registration to such international traffic until new proof of

financial security has been secured for the vehicle.

(e) Suspension need not be made under this subdivision upon the basis

of a lapse or termination of insurance if the period of time during

which the motor vehicle remained both registered and uninsured was not

more than seven days. The commissioner shall promulgate regulations

governing the conditions under which suspension action may be withheld

pursuant to this paragraph.

1-a. (a) The suspension of a registration provided in subdivision one

of this section shall take effect on the date specified in the order of

suspension and shall remain in effect until the registration certificate

and number plates of the motor vehicle have been surrendered to the

commissioner and thereafter for a period of time equal to the time from

the date of termination of financial security to the date of such

surrender or to the date upon which subsequent financial security was

obtained or to the date on which the registrant no longer had an

insurable interest in the vehicle.

(b) Notwithstanding the provisions of paragraph (a) of this

subdivision, an order of suspension issued pursuant to paragraph (a) or

(e) of this subdivision may be terminated if the registrant pays to the

commissioner a civil penalty in the amount of eight dollars for each day

up to thirty days for which financial security was not in effect, plus

ten dollars for each day from the thirty-first to the sixtieth day for

which financial security was not in effect, plus twelve dollars for each

day from the sixty-first to the ninetieth day for which financial

security was not in effect. Of each ten dollar penalty collected, eight

dollars will be deposited in the general fund and two dollars shall be

deposited in the dedicated highway and bridge trust fund established

pursuant to section eighty-nine-b of the state finance law and the

dedicated mass transportation fund established pursuant to section

eighty-nine-c of the state finance law and distributed according to the

provisions of subdivision (d) of section three hundred one-j of the tax

law. Of each twelve dollar penalty collected, eight dollars will be

deposited into the general fund and four dollars shall be deposited in

the dedicated highway and bridge trust fund established pursuant to

section eighty-nine-b of the state finance law and the dedicated mass

transportation fund established pursuant to section eighty-nine-c of the

state finance law and distributed according to the provisions of

subdivision (d) of section three hundred one-j of the tax law. The

foregoing provision shall apply only once during any thirty-six month

period and only if the registrant surrendered the certificate of

registration and number plates to the commissioner not more than ninety

days from the date of termination of financial security or submits to

the commissioner new proof of financial security which took effect not

more than ninety days from the termination of financial security.

(c) No number plates shall be returned to the registrant until proof

of financial security is submitted to the commissioner.

(d) The provisions of this subdivision relating to termination of

suspension upon payment of a civil penalty shall be applicable to a

registrant only one time during any three year period.

(e) If a registrant has not surrendered his certificate of

registration and number plates or obtained financial security within

ninety days from the date of termination of financial security, the

commissioner shall suspend the driver's license of any such registrant.

Such suspension shall take effect on the date specified in such order

and shall remain in effect from the date of surrender of such license

and thereafter for the period of time of the suspension of the

registrant's registration.

(g) Any civil penalty paid pursuant to paragraph (b) of this

subdivision shall be separate and distinct from any civil penalty

assessed pursuant to subdivision five of section three hundred nineteen

of this chapter.

2. (a) The commissioner upon receipt of evidence that the owner of a

motor vehicle registered in this state, or an unregistered motor

vehicle, has operated, or permitted such motor vehicle to be operated

upon the public highways of this or any other state while proof of

financial security was not in effect with respect to such vehicle, shall

revoke the registration, if any, of the vehicle and the driver's

license, if any, of such owner.

(b) Such motor vehicle shall not be registered in the name of such

person, or in any other name where the commissioner has reasonable

grounds to believe that such registration will have the effect of

defeating the purpose of this article, and no other motor vehicle shall

be registered in the name of such person, nor any driver's license

issued to such person, for a period of one year from the date of such

revocation.

3. (a) The commissioner, upon receipt of evidence that a person, other

than the owner, has operated upon the public highways of this state a

motor vehicle registered in this state, or an unregistered motor

vehicle, with knowledge that proof of financial security was not in

effect with respect to such vehicle, shall revoke the driver's license

of such person, or if he is a non-resident, the non-resident driving

privileges of such person.

(b) No new driver's license shall be issued, or non-resident driving

privilege restored to such person for a period of one year from the date

of such revocation.

(c) This subdivision shall not apply to any person who at the time of

operation of such motor vehicle had in effect an operator's policy of

liability insurance, as hereinafter defined, with respect to his

operation of such vehicle or to a police officer or member of the state

police who is compelled to assume the custody and operation of a motor

vehicle of another because such motor vehicle was (1) stolen from or

lost by the owner, (2) abandoned, either by the owner or any other

person with or without the owner's consent, (3) is being operated by a

person disabled so as not to be able to operate it properly, or (4) is

being operated by an intoxicated person.

4. (a) The commissioner, upon receipt of evidence that the owner of a

motor vehicle not registered in this state has operated or permitted

such motor vehicle to be operated upon the public highways of this state

while proof of financial security was not in effect with respect to such

vehicle, shall revoke such person's privilege to operate any motor

vehicle in this state and the privilege of the operation within this

state of any motor vehicle owned by him.

(b) Such non-resident privileges shall not be restored for a period of

one year from the date of such revocation.

5. (a) The commissioner, upon receipt of evidence that a person, other

than the owner of the vehicle, has operated upon the public highways of

this state a motor vehicle not registered in this state, with knowledge

that proof of financial security was not in effect with respect to such

vehicle shall revoke the driver's license of such person, or if he is a

non-resident, the non-resident privileges of such person.

(b) No new driver's license shall be issued, or non-resident privilege

restored to such person for a period of one year from the date of such

revocation.

(c) This subdivision shall not apply to any person who at the time of

operation of such motor vehicle had in effect an operator's policy of

liability insurance, as hereinafter defined, with respect to his

operation of such motor vehicle or to a police officer or member of the

state police who is compelled to assume the custody and operation of a

motor vehicle of another because such motor vehicle was (1) stolen from

or lost by the owner, (2) abandoned, either by the owner or any other

person with or without the owner's consent, (3) is being operated by a

person disabled so as not to be able to operate it properly, or (4) is

being operated by an intoxicated person.

6. Notice of revocation pursuant to this section may be given to the

owner of a vehicle registered in this state or to a driver licensed in

this state, by mailing the same to such owner or licensee at the address

contained in the certificate of registration for the vehicle owned by

such person or to the address contained on his or her driving license or

to the current address provided by the United States postal service.

7. Failure of such owner or licensee to deliver a certificate of

registration, number plates or driver's license to the commissioner

after revocation thereof or as otherwise provided in section three

hundred twelve shall constitute a misdemeanor.

8. An operator's policy of liability insurance, as used in this

section, shall mean a policy issued by an insurance carrier duly

authorized to transact business in the state which shall insure the

person named therein as insured, against loss from the liability imposed

upon him by law for damages, including damages for care and loss of

services, because of bodily injury to or death of any person and injury

to or destruction of property arising out of the use by him of any motor

vehicle not owned by him, subject to the same minimum provisions and

approval required by subdivision four of section three hundred eleven of

this chapter, with respect to an owner's policy of liability insurance.

With respect to a non-resident, such policy may also be issued by a

non-admitted insurance carrier provided the requirements of this article

with respect to issuance of an owner's policy of liability insurance by

such carrier have been met.

9. (a) If a motor vehicle has been involved in an accident, and its

registration or the driver's license of its operator, or both, have been

revoked pursuant to this section, then neither such vehicle nor any

other motor vehicle shall be registered or reregistered in the name of

its owner or of any other person legally responsible for its use, nor

shall any driver's license be issued to such owner, person or operator

until one year has passed since the date of such revocation and, as the

case may be, the commissioner has received the payments and evidence

required by paragraph (c) below.

(b) If a motor vehicle not registered in this state is involved in an

accident in this state and the privilege of its operation within this

state has been revoked, then neither its owner, any person legally

responsible for its use nor its operator shall exercise the privilege of

the operation of such vehicle within this state or the privilege of

operation within this state of any motor vehicle, until one year has

passed since the date of revocation and, as the case may be, the

commissioner has received the payments and evidence as required in (c)

below.

(c) The payments and evidence referred to in paragraphs (a) and (b)

above shall be evidence, satisfactory to the commissioner,

(1) That no cause of action based upon such accident against such

owner, person legally responsible or operator has been commenced within

a period of one year from the date of the accident or a release thereof

has been given to such owner, person or operator, or

(2) That no judgment arising out of such cause of action for amounts

within the limits stated in paragraph (a) of subdivision four of section

three hundred eleven against such owner, person or operator remains

unsatisfied, except that such registration and licensing privileges may

be restored on compliance with the procedures permitting the payment of

a judgment in installments provided in section three hundred thirty-four

and

(3) That all civil penalties required to be paid to the department

pursuant to the provisions of subdivision five of section three hundred

nineteen of this chapter have been paid.

10. The provisions of subdivision seven of section five hundred ten of

this chapter shall apply to a revocation under this article.

11. (a) Where the license or privileges of any person, or the

registration of a motor vehicle registered in his name, has been

suspended or revoked under article six of this chapter, and the motor

vehicle accident indemnification corporation or an insurer has paid any

amount towards satisfaction of a judgment against such person, or has

obtained a judgment against such person as a result of payments made to

third parties such license, privileges or registration shall be

suspended, or the suspension or revocation thereof shall be continued,

as provided in this subdivision.

(b) If the license, privileges or registration of such person has not

been restored, the suspension or revocation thereof shall be continued

pending the satisfaction of the requirements of paragraph (d) of this

subdivision.

(c) If the license, privileges or registration of such person has been

restored, the commissioner shall suspend such license or privilege, and

may suspend such registration, pending the satisfaction of the

requirements of paragraph (d) of this subdivision.

(d) Such suspensions and revocations shall be continued until such

person has repaid to the corporation or to such insurer any amount so

paid by it together with interest thereon at six per centum per annum

from the date of such payment, unless such person submits to the

procedure provided for the payment of judgments in installments under

section three hundred thirty-four of this chapter.

(e) A discharge in bankruptcy shall not relieve a person of the

penalties and disabilities provided in this article.

12. (a) If the owner or operator of a motor vehicle in any manner

involved in an accident occurring in this state resulting in death or

bodily injuries to any person fails to produce satisfactory evidence as

proof of financial security within forty-eight hours after the accident,

the motor vehicle shall be subject to impoundment and any peace officer,

acting pursuant to his special duties, or any police officer is

authorized to impound and store such motor vehicle. If said motor

vehicle is subject to impoundment and is not so impounded, the owner or

his representative shall cause said motor vehicle to be stored in a

public garage or storage place in this state as selected by the owner or

representative and shall continue such storage for the period of time

provided in this section. The aforementioned storage shall constitute

"impoundment" within the meaning of this section. The cost of storage of

any such impounded motor vehicle shall be borne by the owner. So long as

the impoundment is in force no person shall remove the impounded vehicle

or permit it to be removed from its place of impoundment except upon the

order of the commissioner.

(b) Immediately upon impoundment, the owner or his representative

shall:

1. Notify the bailee of the impounded motor vehicle of the fact that

the same is stored as an impounded vehicle,

2. Notify the commissioner in writing of the street address and city

or municipality where said motor vehicle is stored, and

3. If the owner is a resident of this state, return the registration

certificate and registration plates with respect to such motor vehicle

to the commissioner.

If the owner or his representative fails to store said motor vehicle

as required by subdivision (a) and fails to return such registration

certificate and registration plates, the commissioner is authorized to

direct any peace officer acting pursuant to his special duties, or

police officer to impound and store said motor vehicle at the expense of

the owner and to take possession of the registration certificate and

registration plates and return the same to the commissioner of motor

vehicles.

(c) The impoundment shall continue until (1) there is a final

disposition of the claim for death or bodily injury of the person,

resulting from the accident in which said motor vehicle was involved, by

payment of a judgment or settlement by the owner, or by a final judgment

in his favor, or (2) one year has elapsed since the date of the accident

and no filing has been made pursuant to section five thousand two

hundred eight of the insurance law, or (3) a release of the motor

vehicle upon order of the commissioner. The commissioner may order the

release of said motor vehicle upon the depositing with the commissioner

of taxation and finance of security or a bond in such form and amount as

may be approved by the commissioner. If said motor vehicle is not

released from impoundment after the lapse of one year, the commissioner

may dispose of it by public sale and remit the proceeds from the sale to

the commissioner of taxation and finance to be held pending the final

disposition of the claim.

(d) If repairs to an impounded motor vehicle are desired by the owner,

he, with the permission of the commissioner, may authorize the motor

vehicle to be taken to such repair shop or garage as he may select for

the purpose of having it repaired at the owner's expense. Upon

completion of such repairs, the motor vehicle shall be impounded as

provided in subdivision (a).

Where the commissioner is satisfied by such evidence as he deems

sufficient, that any motor vehicle is so damaged that it cannot be

restored to operable condition, he may, in his discretion, upon such

conditions as he deems proper, consent to the release of said motor

vehicle from impoundment.

(e) No owner of a motor vehicle subject to impoundment hereunder shall

transfer title to said motor vehicle nor his interest therein unless he

furnishes to the commissioner security, in an amount which the

commissioner is satisfied is equivalent to the value of said vehicle or

his interest therein.

(f) Nothing herein contained shall affect the rights or remedies of

any person holding a prior valid lien on an impounded vehicle, including

the right to take possession, existing at the effective date of this

section or the right of the bailee to a lien for storage of the

impounded vehicle; provided, that such person shall, after the sale of

such vehicle for the satisfaction of any liens thereon, remit to the

commissioner as deposits of security under this article on behalf of the

former owner or purchaser of such vehicle any sums which such owner or

purchaser would otherwise be entitled to receive.

(g) Any person who wilfully violates any of the provisions of this

subdivision shall, in addition to any other penalty provided by law, be

liable to the people of this state for a penalty in an amount not less

than one hundred dollars nor more than one thousand dollars for each

violation.

13. (a) Subject to the provisions of paragraph (b), no revocation or

suspension order shall be issued pursuant to this section, or if such

revocation or suspension order has been issued, it shall be terminated,

if the commissioner shall determine that the person involved was not

aware of the fact that financial security was not in effect and the

failure to have such financial security in effect was caused solely by

the negligence or malfeasance of a person other than such person.

(b) The burden of proving lack of knowledge that financial security

was not in effect and that such failure resulted solely from the

negligence or malfeasance of another shall be upon the person seeking to

avoid revocation or suspension action. Such facts shall be established

by clear and convincing evidence, either by the submission of affidavits

or at a hearing called in the discretion of the commissioner.

14. No registration and/or license, which has been revoked pursuant to

this section because the holder was convicted of driving without

insurance in violation of subdivision one of section three hundred

nineteen of this chapter, shall be restored until all civil penalties,

required to be paid to the department pursuant to the provisions of

subdivision five of section three hundred nineteen of this chapter, have

been paid.

15. Notwithstanding any provisions of this section, a restricted use

license or privilege of operating a motor vehicle in this state may be

issued to a person who has had his license or such privilege revoked or

suspended pursuant to any provision of this section in accordance with

article twenty-one-A of this chapter.

Penalties. 1. Any owner of a motor vehicle registered in this

state, or an unregistered motor vehicle, who shall operate such motor

vehicle or permit it to be operated in this state without having in full

force and effect the financial security required by the provisions of

this chapter and any other person who shall operate in this state any

motor vehicle registered in this state, or an unregistered motor

vehicle, with the knowledge that the owner thereof does not have in full

force and effect such proof of financial security, except a person who,

at the time of operation of such motor vehicle, had in effect an

operator's policy of liability insurance, as defined in section three

hundred eighteen, with respect to his operation of such vehicle shall be

guilty of a traffic infraction and upon conviction may be fined not less

than one hundred fifty dollars or more than one thousand five hundred

dollars or may be imprisoned for not more than fifteen days or both. In

addition to the penalties herein set forth, such person, upon

conviction, shall also become liable for payment to the department of

the civil penalty provided in subdivision five of this section.

2. When the production of an insurance identification card is required

by any provision of this chapter, no person shall produce an insurance

identification card which indicates insurance coverage which is not in

effect. In any prosecution or proceeding alleging a violation of this

subdivision, it shall be an affirmative defense that the person so

charged did not have knowledge that the insurance indicated on such card

was not in effect. A violation of this subdivision shall be a

misdemeanor.

3. Every person who operates a vehicle registered in this state, or a

vehicle required to be registered in this state, shall, when required by

the commissioner's regulations, produce an insurance identification card

when requested by any peace officer, acting pursuant to his special

duties, police officer or magistrate. The failure to so produce such a

card shall be presumptive evidence that such person was operating the

vehicle without having in effect financial security required by the

provisions of this chapter.

4. Where the commissioner finds, other than by means of the receipt of

a certificate of conviction, that a person has violated any provision of

subdivision one of this section, such person shall become liable for

payment to the department of the civil penalty provided in subdivision

five of this section. However, the enforcement of such civil penalty,

and of any revocation order based upon such finding, shall be stayed at

the request of the person against whom such civil penalty and revocation

order has been issued until after a hearing, provided such person was

not both the operator and the owner of the motor vehicle which was being

operated without the required financial security being in effect. After

such hearing, the stay of enforcement of the civil penalty and

revocation order shall be vacated unless it is found by a preponderance

of the evidence that such person, (a) if he was the operator and not the

owner of the motor vehicle, had no knowledge that the financial security

required for such motor vehicle was not in effect; or (b) if he was the

owner and not the operator of the motor vehicle, that he did not permit,

either expressly or impliedly, the operation of such motor vehicle.

5. The civil penalty for a violation of subdivision one of this

section shall be seven hundred fifty dollars.

Notice to other jurisdictions. The commissioner shall transmit

a certified copy of any record of any conviction under this article or

of any action taken pursuant to this article resulting in revocation of

a non-resident's privilege to operate a motor vehicle in this state or

the privilege of the operation within this state of any motor vehicle

owned by him to the motor vehicle commissioner or officer performing

similar functions in the state in which such non-resident resides.

Exceptions. 1. This article shall not apply to any motor

vehicle for the operation of which security is required to be furnished

under section three hundred seventy of this chapter, including those for

which a certificate is issued pursuant to section three hundred

seventy-one of this chapter or under a similar law in another state

except as may be provided in section three hundred seventy; to any motor

vehicle operated under a permit or a certificate of convenience and

necessity issued pursuant to the transportation law, or under a permit

or certificate issued by the public utility regulatory agency of another

state; nor to any vehicle for which a permit or certificate is in force

pursuant to the interstate commerce act nor to any motor vehicle owned

by the United States, any state or any political subdivisions of any

state.

2. Provided, however, that any motor vehicle exempted in subdivision

one of this section from the provisions of any portion of this article

shall be subject to the provisions of article fifty-one of the insurance

law.

Commissioner to administer article; may require proof; court

review. (a) The commissioner shall administer and enforce the provisions

of this article.

(b) The commissioner is hereby authorized to adopt and enforce such

regulations as may be necessary for the administration of this article.

(c) Upon any reasonable ground, appearing on the records of the

bureau, the commissioner may suspend or revoke the operator's or

chauffeur's license of any person and may suspend or revoke any and all

of the registration certificates or registration plates for any motor

vehicle and may refuse to issue to any such person any new or renewal

license or to register in the name of such person any motor vehicle

unless and until such person gives proof of his financial responsibility

in the future as hereinafter provided in this article.

Any person furnishing proof of financial responsibility pursuant to

this subdivision may be relieved from continuing to furnish such proof

in the discretion of the commissioner provided three years have elapsed

since such proof was first furnished during which period such person has

not been convicted of, or forfeited bail given on being charged with,

any of the offenses specified in subdivision two of section five hundred

ten of this chapter and no charges of any of such offenses are pending

against such person. The affidavit of such person shall be accepted as

proof of the facts therein stated, in the absence of evidence to the

contrary before the commissioner.

(d) Any person aggrieved by an order or act of the commissioner under

this section or under provisions of this article, may maintain a

proceeding under article seventy-eight of the civil practice law and

rules to review, but the commencement of such a proceeding shall not

suspend the order or act unless a stay thereof shall be allowed by said

court pending final determination of the review.

(e) The provisions of subdivision seven of section five hundred ten of

this chapter shall apply to a suspension under this article.

Proof required upon certain convictions. (a) Whenever the

commissioner, or other authorized person, under any law of this state

suspends or revokes the operator's or chauffeur's license of any person

because of the conviction of such person, the commissioner shall also

suspend any and all of the registration certificates and registration

plates issued for any motor vehicle registered in the name of the person

so convicted as owner except that he shall not suspend such evidence of

registration, unless otherwise required by law, in the event such owner

has previously given, or shall immediately give and thereafter maintain

proof of his financial responsibility in the future in the manner

hereinafter specified in this article with respect to each and every

motor vehicle owned and registered by such person.

(b) Such suspensions or revocation shall remain in effect and the

commissioner shall not issue to any such person any new or renewal

license or register in the name of such person any motor vehicle, until

permitted under this chapter and not then unless and until such person

gives proof of his financial responsibility in the future as hereinafter

provided in this article. Reversal on appeal of any conviction because

of which any license or registration has been suspended pursuant to this

article shall entitle the holder to the restoration thereof forthwith

without proof of financial responsibility.

(c) For the purpose of this article the term conviction shall include

a forfeiture of bail or collateral deposited to secure a defendant's

appearance in court, which forfeiture has not been vacated, upon a

charge which upon conviction of the defendant requires or authorizes the

commissioner to suspend or revoke the license of such person.

Proof required in the event of certain judgments. (a) The

commissioner shall also suspend the operator's or chauffeur's license

and any and all of the registration certificates and registration plates

issued to any person upon receiving authenticated report as hereinafter

provided that such person has failed for a period of fifteen days to

satisfy any judgment in amounts and upon a cause of action as

hereinafter stated.

(b) The judgment herein referred to shall mean any judgment in excess

of one thousand dollars for damages because of injury to or destruction

of property, including loss of use thereof, or any judgment for damages,

including damages for care and loss of services, because of bodily

injury to or death of any person arising out of the ownership,

maintenance, use or operation of any motor vehicle.

(c) The commissioner shall take action as required in this section

upon receiving proper evidence that any person in another state, the

District of Columbia, any district court of the United States, or any

province of Canada, has failed for a period of fifteen days to satisfy

any judgment in amount as stated in section three hundred thirty-three

and upon a cause of action as stated in this section.

(d) Any person whose license, registration or non-resident's driving

privilege is subject to suspension hereunder, may be relieved from the

effect of failure to satisfy such judgment, if such person files with

the commissioner proper evidence that a bond or insurance policy as

provided for in this article was in force and effect at the time of the

accident resulting in the judgment, and was available for the

satisfaction of the judgment to the extent provided for in section three

hundred thirty-three and that such judgment was so satisfied.

Payments sufficient to satisfy requirements of this article.

Every judgment herein referred to shall for the purpose of this article

only be deemed satisfied: (a) When twenty-five thousand dollars has been

credited upon any judgment or judgments rendered in excess of that

amount because of bodily injury to or when fifty thousand dollars has

been credited upon any judgment or judgments rendered in excess of that

amount because of death of one person as the result of any one accident;

or

(b) When subject to such limit of twenty-five thousand dollars because

of bodily injury to or fifty thousand dollars because of death of one

person, the sum of fifty thousand dollars has been credited upon any

judgment or judgments rendered in excess of that amount because of

bodily injury to or when one hundred thousand dollars has been credited

upon any judgment or judgments rendered in excess of that amount because

of death of two or more persons as the result of any one accident; or

(c) When ten thousand dollars has been credited upon any judgment or

judgments rendered in excess of that amount because of injury to or

destruction of property of others as a result of any one accident.

Payments made in settlement of any claims because of bodily injury,

death or property damage arising from a motor vehicle accident shall be

credited in reduction of the amounts provided for in this section.

Suspension waived upon payment of judgment in installments.

(a) The commissioner shall not suspend a license or registration of a

motor vehicle, and shall restore any license or registration suspended

following non-payment of a judgment, when the judgment debtor gives

proof of his financial responsibility in the future as hereinafter

provided, and when the judgment debtor obtains an order from the court

in which such judgment was rendered, permitting the payment of such

judgment in installments, and while the payment of any said installment

is not in default.

(b) A judgment debtor upon five days' notice to the judgment creditor

may apply to the court in which such judgment was obtained for the

privilege of paying such judgment in installments and the court, in its

discretion and without prejudice to any other legal remedies which the

judgment creditor may have, may so order, fixing the amounts and times

of payment of the installments.

(c) In the event the judgment debtor fails to pay any installment as

permitted by the order of the court, then upon notice of such default

the commissioner shall forthwith suspend the license and registration

certificates and registration plates of the judgment debtor until such

judgment is satisfied as provided in this article.

(d) Provided, however, if the judgment creditor consents in writing,

in such form as the commissioner may prescribe, that the judgment debtor

be allowed license and registration the same may be allowed by the

commissioner, in his discretion, notwithstanding default in the payment

of such judgment or of any installments thereof, for six months from the

date of such consent and thereafter until such consent is revoked in

writing, if the judgment debtor furnishes proof of his financial

responsibility in the future as hereinafter provided.

Security and proof required following accident. (a) Not less

than ten days nor more than sixty days after receipt by him of the

report or notice of an accident which has resulted in bodily injury or

death, or in damage to the property of any one person in excess of one

thousand dollars, the commissioner shall forthwith suspend the license

of any person operating, and the registration certificates and

registration plates of any person owning, a motor vehicle in any manner

involved in such accident unless and until such operator (or chauffeur)

or owner or both shall have previously furnished or immediately

furnishes security sufficient in the judgment of the commissioner to

satisfy any judgment or judgments for damages resulting from such

accident as may be recovered against such owner or operator (or

chauffeur) by or on behalf of any aggrieved person or his legal

representative, and unless and until such owner or operator (or

chauffeur) or both shall immediately furnish and thereafter maintain

proof of financial responsibility in the future. Where erroneous

information with respect to insurance coverage of the owner or operator

(or chauffeur) of any such vehicle is furnished to the commissioner, he

shall take appropriate action as above provided within sixty days after

the receipt by him of correct information with respect to such coverage.

This section shall not apply: (1) to such owner or operator (or

chauffeur) if such owner had in effect at the time of such accident with

respect to such motor vehicle a standard provisions automobile liability

policy in form approved by the superintendent of financial services and

issued by an insurance company authorized to do business in this state

or, if such motor vehicle was not registered in this state or was a

motor vehicle which was registered elsewhere than in this state at the

effective date of the policy, or the most recent renewal thereof, an

automobile liability policy acceptable to the superintendent of

financial services as substantially the equivalent of such standard

provisions automobile liability policy; (2) to such operator (or

chauffeur), if not the owner of such motor vehicle, if there was in

effect at the time of such accident such a policy with respect to his

operation of motor vehicles not owned by him or, if such motor vehicle

was a private passenger motor vehicle, with respect to his operation of

private passenger motor vehicles not owned by him or (3) to such owner

or operator (or chauffeur) if the liability of such owner or operator

(or chauffeur) for damages resulting from such accident is, in the

judgment of the commissioner, covered by any other form of liability

insurance policy issued by an insurance company authorized to do

business in this state or by a bond, provided every such policy or bond

mentioned herein is subject, if the accident has resulted in bodily

injury, to a limit, exclusive of interest and costs, of twenty-five

thousand dollars or death to a limit, exclusive of interest and costs,

of fifty thousand dollars, because of bodily injury to or death of one

person in any one accident and, subject to said limit for one person, to

a limit of fifty thousand dollars because of bodily injury to or one

hundred thousand dollars because of death of two or more persons in any

one accident, and, if the accident has resulted in injury to or

destruction of property, to a limit of ten thousand dollars because of

injury to or destruction of property of others in any one accident or

(4) to such owner or operator if the commissioner shall determine that

the failure to have liability coverage as described above was caused

solely by the negligence or malfeasance of a person other than the

person whose license or registration has been suspended or is subject to

suspension, and that the person seeking to avoid such suspension was not

aware of the lack of such liability coverage. However, with respect to

the provisions of (4) above, the burden of proof shall be upon the

person seeking to avoid such suspension action. Provided further, that

such facts shall be established by clear and convincing evidence, either

by the submission of affidavits or at a hearing called in the discretion

of the commissioner.

Upon receipt of notice of such accident, the insurance carrier or

surety company which issued such policy or bond shall furnish for filing

with the commissioner a written notice that such policy or bond was in

effect at the time of such accident or shall notify the commissioner in

such manner as he may require in case such policy or bond was not in

effect at the time of such accident.

In case any such operator (or chauffeur) or owner has no license to

operate issued under this chapter or no motor vehicle registered in his

name in this state, he shall not be allowed a license or registration

until he has complied with this article to the same extent as would be

necessary if he had held an operator's or chauffeur's license and a

motor vehicle registration issued under this chapter at the time of the

accident.

(b) Such security, where ordered, shall be in such form and in such

amount as the commissioner may require, but in no case in excess of the

amount of proof required by section three hundred forty-one of this

article. The commissioner may reduce the amount of security ordered in

any case within six months after the date of the accident, if, in his

judgment, the amount ordered is too large. In case the security

originally ordered has been deposited, the excess deposited over the

reduced amount ordered shall be returned to the depositor or his

personal representative forthwith, notwithstanding the provisions of

subdivision (c) of this section.

(c) Security furnished in compliance with the requirements of this

section shall be placed by the commissioner in the custody of the

commissioner of taxation and finance and shall be applicable only to the

payment of a judgment against the depositor for damages arising out of

the accident in question in an action at law begun not later than one

year after the date of such accident or, upon assignment of the

depositor, made not later than one year after the date of such accident,

to the settlement of a claim arising out of such accident, or upon

assignment of the depositor, made after the expiration of one year after

the date of such accident, to the settlement of an action at law begun

not later than one year after the date of such accident. All of such

payments made out of the deposited security shall be made as follows:

Payment shall first be made to each of the judgment creditors and to

each of the claimants who have agreed to settle their claims, whose

damages were evaluated by the commissioner, in an amount not greater

than the amount fixed in their respective evaluations. Whenever the

commissioner shall be given evidence, satisfactory to him, that the

amounts of all claims for damages against the depositor arising out of

such accident are fixed, either by judgment or settlement agreement,

payment shall be made out of any balance remaining after the first

distribution to each of those persons whose judgments or settlement

amounts have not been fully paid but whose damages were evaluated by the

commissioner, in proportion to the amounts of their respective

evaluations unless there is sufficient to make payment in full; and any

balance remaining after the first and second distributions are completed

shall be paid to those judgment creditors and those claimants who have

agreed to settle their claims but whose damages were not evaluated, in

proportion to the amounts of their respective judgments or settlement

amounts unless there is sufficient to make payment in full. Such

deposit, or any balance thereof, shall be returned to the depositor or

his personal representative whenever after the expiration of such year,

the commissioner shall be given evidence, satisfactory to him, that

there is no such action pending and no such judgment unsatisfied or

whenever, before the expiration of such year, the commissioner shall be

given evidence, satisfactory to him, that there is no such judgment

unsatisfied and that there is no existing cause of action against the

depositor for damages arising out of such accident.

(c-1) After security, furnished in compliance with the requirements of

this section, has remained on deposit for five years, the commissioner

shall make a determination as to whether the deposit, or any balance

thereof, is returnable to the depositor or the person entitled thereto.

In the event that such deposit, or any balance thereof, is determined to

be returnable, but remains unclaimed by the depositor or the person

entitled thereto for a period of one year following the date of such

determination, such unclaimed deposit, or any balance thereof, shall be

deemed abandoned property subject to the provisions of the abandoned

property law.

(d) The provisions of subdivision (a) of this section shall not apply

to the owner of a motor vehicle operated by one having obtained

possession or control thereof without the expressed or implied consent

of such owner, to a police officer or member of the state police who is

compelled to assume the custody and operation of a motor vehicle of

another because such motor vehicle was (1) stolen from or lost by the

owner, (2) abandoned, either by the owner or any other person with or

without the owner's consent, (3) is being operated by a person disabled

so as not to be able to operate it properly, or (4) is being operated by

an intoxicated person; or to either the owner or operator of a motor

vehicle involved in an accident wherein no damage or injury was caused

to other than the person or property of such owner or operator.

(e) In lieu of deposit of security when required pursuant to the

provisions of this section the commissioner may accept a written

agreement, executed and acknowledged by the person required to deposit

security and any person who has sustained bodily injury, including

death, or damage to his property, or his legal representative, providing

for the payment of an agreed amount in installments, with respect to the

claims of such person for injuries or damages resulting from the

accident. In the event of default in payment of any installment under

such agreement, then upon notice of such default the commissioner shall

forthwith suspend the license and registration certificates and

registration plates of the person in default until release has been

filed with the commissioner indicating that the entire agreed amount has

been paid. But in no case shall such agreement be used in lieu of proof

of maintenance of financial responsibility in the future required

pursuant to the provisions of this section.

Duty of courts to report judgments. The clerk of the court, or

the court where it has no clerk, shall, upon written request of the

judgment creditor or his attorney, forward to the commissioner a

certified copy of transcript of any judgment for damages, the rendering

and non-payment of which judgment requires the commissioner to suspend

the operator's or chauffeur's license and/or the registrations in the

name of the judgment debtor hereunder, such copy or transcript to be

forwarded to the commissioner immediately upon the expiration of fifteen

days after such judgment has become final by expiration without appeal

of the time within which appeal might have been perfected or by final

affirmance on appeal, and has not been otherwise stayed, or satisfied.

Suspension, duration. (a) The suspension required in sections

three hundred thirty-two, three hundred thirty-four and three hundred

thirty-five (e) shall remain in effect, the motor vehicle in any manner

involved in such accident shall not be registered in the name of the

person whose license and/or registration certificate was so suspended,

or in any other name where the commissioner has reasonable grounds to

believe that such registration will have the effect of defeating the

purposes of this article, and no other motor vehicle shall be registered

in the name of such person nor any new licenses issued to such person

unless and until such judgment is satisfied or stayed or is discharged

in bankruptcy and the judgment debtor gives proof of financial

responsibility in the future as required pursuant to section three

hundred thirty-five except under the conditions as stated in sections

three hundred thirty-three and three hundred thirty-four.

(b) The suspension required in section three hundred thirty-five shall

remain in effect, the motor vehicle in any manner involved in such

accident shall not be registered in the name of the person whose license

and/or registration certificate was so suspended, or in any other name

where the commissioner has reasonable grounds to believe that such

registration will have the effect of defeating the purposes of this

article, and no other motor vehicle shall be registered in the name of

such person nor any new licenses issued to such person, unless and until

such person complies with the requirement with respect to furnishing

security, or unless and until such person has obtained a release, or a

favorable judgment in an action at law to recover damages resulting from

such accident or unless such person shall have satisfied in the manner

herein provided any judgment rendered against such person in such an

action, or unless such judgment rendered against such person is

discharged in bankruptcy, and at all events until such person gives and

thereafter maintains proof of his financial responsibility.

Provided, however, that any person whose license or registration

became subject to suspension or has been suspended pursuant to

subdivision (a) of section three hundred thirty-five, whether or not

such person has furnished security and proof of financial

responsibility, shall be relieved from furnishing or maintaining proof

of financial responsibility if (1) one year has elapsed since the date

of the accident, (2) nine months have elapsed since the date of

compliance with any suspension order made against such person because of

such accident, (3) such person has neither paid nor agreed in writing to

pay anything for damages resulting from such accident, (4) no suit for

damages because thereof has been brought against such person and (5)

such person is not required to furnish or maintain proof of financial

responsibility for some reason other than for having been involved in

such accident. If a suit or suits for damages resulting from such

accident shall have been brought and such suit or suits shall have

resulted in a judgment or judgments, the successful person in such suit

or suits shall be relieved from furnishing or maintaining proof of

financial responsibility forthwith provided such person is not required

to furnish or maintain such proof for reasons other than for having been

involved in such accident and, in case such person has furnished

security because of having been involved in such accident, it shall be

returned to such person or the personal representative of such person

forthwith notwithstanding the provisions of subdivision (c) of section

three hundred thirty-five. The fact of having been involved in such

accident shall not bar the issuance of license and registration to a

person who has been relieved from furnishing or maintaining proof of

financial responsibility pursuant to the provisions of this paragraph.

(c) A discharge in bankruptcy following the rendering of any such

judgment shall not relieve the judgment debtor from any of the

requirements of this article unless otherwise provided in subdivisions

(a) and (b) of this section.

Application to non-resident, other persons. (a) Whenever, by

the laws of this state, the commissioner has the power to suspend or

revoke a license if the operator or chauffeur were a resident, the

commissioner shall have similar power to suspend or revoke the license

or to forbid the operation of a motor vehicle in this state owned by

such operator or chauffeur if the operator or chauffeur is a

non-resident. And whenever by the laws of this state the commissioner

has the power to suspend or revoke the registration certificates and

registration plates if the owner were a resident, the commissioner shall

have similar power to forbid the operation within this state of any

motor vehicle if the owner is a non-resident.

(b) All of the provisions of this article shall apply to any person

who is not a resident of this state under the same circumstances as they

would apply to a resident; and, in such event, such a non-resident shall

not operate any motor vehicle in this state nor shall any motor vehicle

owned by him be operated in this state, unless and until such

non-resident or the owner of the motor vehicle, if another person, has

complied with the requirements of this article with respect to

furnishing security and giving proof of financial responsibility in the

future.

(c) Upon conviction of a non-resident or in case of any unsatisfied

judgment rendered against a non-resident which conviction or unsatisfied

judgment results in suspension of such non-resident's driving privileges

in this state and/or the prohibition of the operation within this state

of any motor vehicle owned by such non-resident, the commissioner shall

transmit a certified copy of any record of any such conviction or any

such unsatisfied judgment or any other action pursuant to this article

resulting in suspension of a non-resident's driving privileges in this

state and/or the prohibition of the operation within this state of any

motor vehicle owned by such non-resident to the motor vehicle

commissioner or officer performing the functions of a commissioner in

the state in which such non-resident resides.

In case a non-resident's failure to comply with the provisions of

section three hundred thirty-five results in suspension of such

non-resident's rights and privileges in this state and/or prohibition of

the operation within the state of any motor vehicle owned by such

non-resident, the commissioner shall transmit a certified copy of the

record of such action to the motor vehicle commissioner or officer

performing the functions of the commissioner in the state in which such

non-resident resides, if the law of such other state provides for action

in relation thereto similar to that provided for in subdivision (d) of

this section.

(d) The commissioner shall take action as required anywhere in this

article, upon receiving proper evidence that any resident of this state,

has in any other state had his driving privileges suspended and/or the

operation of any motor vehicle owned by him prohibited pursuant to a law

of such other state providing for such suspension or prohibition because

of a conviction or because of an unsatisfied judgment which would

require the commissioner to suspend a non-resident's driving privileges

had such a conviction or judgment been rendered in this state against a

non-resident, provided, however, that no suspension or prohibition shall

be effective until twenty days have elapsed from the date upon which

notice of suspension shall have been mailed to the operator or owner

during which period such operator or owner shall be permitted to submit

evidence of satisfaction of the judgment or other evidence relating

thereto.

Upon receipt of a certification that the operating privilege of a

resident of this state has been suspended, revoked or cancelled in any

such other state pursuant to a law providing for its suspension,

revocation or cancellation for failure to deposit security for the

payment of a judgment as may arise out of a motor vehicle accident under

circumstances which would require the commissioner to suspend a

non-resident's operating privilege had the accident occurred in this

state, the commissioner shall suspend the license of such resident if he

was the operator, and all of his registrations if he was the owner of a

motor vehicle involved in such accident. Such suspension shall continue

until such resident furnishes evidence of his compliance with the law of

such other state relating to the deposit of such security.

(e) The word "state" when used in this section shall, unless the

context clearly indicates otherwise, mean any state, territory or

possession of the United States, the District of Columbia or any

province of the Dominion of Canada.

Owner may give proof for chauffeur or member of family.

Whenever the commissioner determines that any person required to give

proof or furnish security under this article, or under certain

provisions of article three previously numbered article six-a of this

chapter, as added by chapter six hundred ninety-five of the laws of

nineteen hundred twenty-nine and repealed by chapter eight hundred

seventy-two of the laws of nineteen hundred forty-one, is or later

becomes a chauffeur or motor vehicle operator, however designated, in

the employ of an owner of a motor vehicle, or is or later becomes a

member of the immediate family or household of the owner of a motor

vehicle, the commissioner shall accept proof of financial responsibility

given by such owner in lieu of proof by such person to permit such

person to operate a motor vehicle for which the owner has given proof as

herein provided. In case such person is one who is furnished proof of

financial responsibility by his employer, he shall not be required to

furnish security. The commissioner shall designate the restrictions

imposed by this section on the face of such person's operator's or

chauffeur's license.

If the owner of a motor vehicle is one who is required to furnish

coverage for the vehicle under section three hundred seventy of this

chapter, or one whose vehicles are operated under a permit or a

certificate of convenience and necessity issued pursuant to the public

service law or is a self-insurer, proof by the owner on behalf of

another as provided by this section may be made if there is filed with

the commissioner satisfactory evidence that such owner has complied with

the law with respect to his liability for damage caused by the operation

of his vehicles by providing the required insurance or other coverage or

that he is a self-insurer.

Surrender of license and evidences of registration. (a) Any

person whose operator's or chauffeur's license or registration

certificates or registration plates have been suspended as provided in

this article and have not been reinstated shall immediately return every

such license, registration certificate and registration plates held by

such person to the commissioner. Any person wilfully failing to comply

with this requirement is guilty of a misdemeanor.

(b) The commissioner is hereby authorized to take possession of any

license, registration certificate or registration plates upon the

suspension thereof under the provisions of this article or to direct any

peace officer, acting pursuant to his special duties or police officer

to take possession thereof and to return the same to the office of the

commissioner.

Amount of proof required. Proof of financial responsibility

shall mean proof of ability to respond in damages for liability

thereafter incurred, arising out of the ownership, maintenance or use of

a motor vehicle, in the amount of twenty-five thousand dollars because

of bodily injury to or fifty thousand dollars because of death of any

one person, and subject to said limit respecting one person, in the

amount of fifty thousand dollars because of bodily injury to or one

hundred thousand dollars because of death of two or more persons in any

one accident, and in the amount of ten thousand dollars because of

injury to or destruction of property in any one accident. Such proof in

such amounts shall be furnished for each motor vehicle registered by

such person.

Alternate methods of giving proof. Proof of financial

responsibility when required under this article may be given by the

following alternate method; either by proof that a policy or policies of

motor vehicle liability insurance have been obtained and are in full

force and effect, or that a bond has been duly executed, or that deposit

has been made of money or securities, all as hereinafter provided.

Proof of financial responsibility by certificate showing motor

vehicle liability policy obtained. (a) Proof of financial responsibility

may be made by filing with the commissioner the written certificate of

any insurance carrier duly authorized to do business in this state,

certifying that there is in effect a motor vehicle liability policy for

the benefit of the person required to furnish proof of financial

responsibility. Such certificate shall give the effective date of such

motor vehicle liability policy, which date shall be the same date as the

effective date of the certificate and shall designate by explicit

description or by appropriate reference all motor vehicles covered

thereby, unless the policy is issued to a person who is not the owner of

a motor vehicle.

(b) No motor vehicle shall be or continue to be registered in the name

of any person required to file proof of financial responsibility unless

such motor vehicle is so designated in such a certificate.

(c) When a person has been required to furnish proof of a financial

responsibility and there has been in effect a motor vehicle liability

policy for his benefit for a period of three years, during which period

such person or any vehicle registered in his name has not been involved

in any accident upon which a report is required pursuant to section six

hundred five hereof, such person may file in lieu thereof, the written

certificate of any insurance carrier duly authorized to do business in

this state, certifying that there is in effect a standard provisions

automobile liability policy in form approved by the superintendant of

financial services with a limit of liability no less than provided in

subdivision (a) of section three hundred thirty-five of this law.

Certificate furnished by non-resident. (a) The non-resident

owner of a foreign vehicle may give proof of financial responsibility by

filing with the commissioner a written certificate or certificates of an

insurance carrier authorized to transact business in the state, District

of Columbia, or territory or lands in continental United States under

the exclusive jurisdiction of the United States, or a province of Canada

in which the motor vehicle or motor vehicles described in such

certificate is registered, or if such non-resident does not own a motor

vehicle, then in the state, District of Columbia, or territory or lands

in continental United States under the exclusive jurisdiction of the

United States, or province of Canada in which the insured resides and

otherwise conforming to the provisions of this article, and the

commissioner shall accept the same upon condition that said insurance

carrier complies with the following provisions of this section.

(1) Said insurance carrier shall execute a power of attorney

authorizing the commissioner to accept service on its behalf of notice

or process in any action arising out of a motor vehicle accident in this

state.

(2) Said insurance carrier shall duly adopt a resolution which shall

be binding upon it, declaring that its policies shall be deemed to be

varied to comply with the law of this state relating to the terms of

motor vehicle liability policies issued herein.

(3) Said insurance carrier shall also agree to accept as final and

binding any judgment of any court of competent jurisdiction in this

state duly rendered in any action arising out of a motor vehicle

accident.

(4) Said insurance carrier shall also agree to pay any assessment for

expenses of administration of this article levied against it as provided

in section three hundred sixty-three of this chapter.

(b) If any foreign insurance carrier which has qualified to furnish

proof of financial responsibility as hereinbefore required defaults in

any said undertakings or agreements, the commissioner shall not

thereafter accept any certificate of said carrier, whether theretofore

filed or thereafter tendered as proof of financial responsibility so

long as such default continues.

Motor vehicle liability policy. (a) A "motor vehicle liability

policy" as said term is used in this article shall mean an owner's or an

operator's policy of liability insurance certified as provided in

section three hundred forty-three or section three hundred forty-four as

proof of financial responsibility, and issued except as otherwise

provided in section three hundred forty-four, by an insurance carrier

duly authorized to transact business in this state to or for the benefit

of the person named therein as insured.

(b) Such owner's policy of liability insurance

(1) Shall designate by explicit description or by appropriate

reference, all motor vehicles with respect to which coverage is thereby

intended to be granted.

(2) Shall insure as insured the person named therein and any other

person using or responsible for the use of any such motor vehicle or

motor vehicles with the consent, express or implied, of such named

insured.

(3) Shall insure the insured or such other person against loss from

the liability imposed by law for damages, including damages for care and

loss of services because of bodily injury to or death of any person and

injury to or destruction of property arising out of the ownership,

maintenance, use, or operation of such motor vehicle or motor vehicles

within the state of New York, or elsewhere in the United States in North

America or the Dominion of Canada, subject to a limit, exclusive of

interest and cost, with respect to each such motor vehicle, except a tow

truck, of twenty-five thousand dollars because of bodily injury to or

fifty thousand dollars because of death of one person in any one

accident and, subject to said limit for one person, to a limit of fifty

thousand dollars because of bodily injury to or one hundred thousand

dollars because of death of two or more persons in any one accident, and

to a limit of ten thousand dollars because of injury to or destruction

of property of others in any one accident. The limit, exclusive of

interest and costs, with respect to a tow truck shall be a combined

single limit of three hundred thousand dollars because of bodily injury

of death to one or more persons or because of injury or destruction of

property of others in any one accident, and to a limit of twenty-five

thousand dollars because of damage to a vehicle in the care, custody and

control of the insured.

(c) Such operator's policy of liability insurance shall insure the

person named therein as insured against loss from the liability imposed

upon him by law for damages, including damages for care and loss of

services, because of bodily injury to or death of any person and injury

to or destruction of property arising out of the use by him of any motor

vehicle not owned by him, within the same territorial limits and subject

to the same limits of liability as are set forth above with respect to

an owner's policy of liability insurance.

(d) Such motor vehicle liability policy shall provide for the name and

address of the named insured, the coverage afforded by the policy, the

premium charged therefor, the policy period and the limits of liability,

and shall contain an agreement that the insurance thereunder is provided

in accordance with the coverage defined in this article as respects

bodily injury and death or property damage or both and is subject to all

the provisions of this article.

(e) Such motor vehicle liability policy shall not insure any liability

on account of bodily injury to or death of an employee of the insured

for which benefits are payable under any workmen's compensation law. Nor

is any such policy required to insure any liability on account of (1)

damage to property of others in charge of the insured or of his agents

or employees (2) bodily injury to or death of the insured, or (3) except

as provided in paragraphs one and two of subsection (g) of section three

thousand four hundred twenty of the insurance law, bodily injury to or

death of the spouse of the insured, or for injury to property of the

spouse of the insured; and any insurance of any such liability afforded

by such a policy shall be subject to the provisions of subsection (f) of

this section.

(f) Such motor vehicle liability policy may, however, grant any lawful

coverage in excess of or in addition to the coverage herein specified

and such excess or additional coverage shall not be subject to the

provisions of this article.

(g) Several policies of one or more insurance carriers which together

meet the requirements of this section shall be termed "motor vehicle

liability policy" within the meaning of this article.

(h) No motor vehicle liability policy shall be issued or delivered in

this state until a copy of the form of policy shall have been on file

with the superintendent of financial services for at least thirty days,

unless sooner approved in writing by the superintendent of financial

services, nor if within said period of thirty days the superintendent of

financial services shall have notified the carrier in writing that in

his opinion, specifying the reasons therefor, the form of policy does

not comply with the laws of this state. The superintendent of financial

services shall approve any form of policy which discloses the name and

address of the insured, the coverage afforded by such policy, the

premium charged therefor, the policy period, the limit of liability and

the agreement that the insurance thereunder is provided in accordance

with the coverage defined in this section and is subject to all the

provisions of this article.

(i) Every motor vehicle liability policy shall be subject to the

following provisions which need not be contained therein:

(1) The liability of any company under a motor vehicle liability

policy shall become absolute whenever loss or damage covered by said

policy occurs, and the satisfaction by the insured of a final judgment

for such loss or damage shall not be a condition precedent to the right

or duty of the carrier to make payment on account of such loss or

damage. No such policy shall be cancelled or annulled as respects any

loss or damage by any agreement between the carrier and the insured

after the said insured has become responsible for such loss or damage,

and any such cancellation or annullment shall be void. If the death of

the insured shall occur after the insured has become liable during the

policy period for loss or damage covered by the policy, the policy shall

not be deemed terminated by such death with respect to such liability

and the company shall be liable thereunder in the same manner and to the

same extent as though death had not occurred. Upon the recovery of a