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Article 2B - NY Vehicle and Traffic Law

• NY Laws ›
• Vehicle and Traffic Law ›
• Title II ›
• Article 2B

 * S 235. 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 to hear and determine complaints of
  traffic  infractions  constituting   parking,   standing   or   stopping
  violations,  or  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 to
  adjudicate the liability of owners for violations of subdivision (d)  of
  section  eleven  hundred  eleven  of  this  chapter  in  accordance with
  sections eleven hundred eleven-b of this chapter as  added  by  sections
  sixteen  of  chapters  twenty, twenty-one, and twenty-two of the laws of
  two thousand  nine,  or  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,  or  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, or 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,  or  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 subdivision (b), (c), (d), (f) or (g) of such section, or  to
  adjudicate  the  liability  of  owners  for violations of section eleven
  hundred eighty of this chapter in accordance with section eleven hundred
  eighty-b of this chapter, such tribunal and the  rules  and  regulations
  pertaining  thereto shall be constituted in substantial conformance with
  the following sections.
    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.
    (1)  Upon  written  application  of the chief executive officer of any
  such city, the commissioner may authorize for a  specified  time  period
  the  use  of  a  notice  mailer  form  that  does  not  contain  all the
  information set forth in this subdivision but which  was  used  by  such
  city on or before the effective date of this section.
    (2)  In  addition,  the  commissioner  may suspend for a period not to
  exceed one year from the effective date of this section  the  provisions
  of  this  subdivision  requiring  that  a  second notice of violation be
  served within forty days of issuance of the first notice  of  a  parking
  violation,  upon  written  application of the chief executive officer of
  any such city demonstrating that immediate  imposition  of  such  notice
  requirement  will cause substantial financial hardship to such city, and
  setting forth the steps to be taken by such city to  achieve  compliance
  with  the notice requirements of this subdivision at the end of such one
  hundred  eighty  day  period.  Upon  granting  such   application,   the
  commissioner  shall  specify  a period, not to exceed seventy-five days,
  within which such  second  notice  must  be  served,  and  shall  adjust
  accordingly   the  time  periods  set  forth  in  paragraph  b  of  this
  subdivision to provide that the additional penalties set forth  in  such
  subdivision  will not be imposed prior to the stated number of days from
  the service of such notice.
    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 is 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 within
  forty-five days of the effective date of this paragraph.  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  is  enacted  within forty-five days of the effective date of
  this paragraph, 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 is 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 within forty-five days of
  the effective date of this paragraph, 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.
    b-3. Application. Notwithstanding any other provision of law, any rule
  or regulation previously or heretofore issued  prior  to  the  effective
  date of this paragraph by any state or local agency, division, bureau or
  other  entity, authorizing the imposition of an additional penalty equal
  to the amount of the initial fine for failure to respond  to  the  first
  notice  of  violation  within  eight days of its issuance shall be of no
  force and effect in a city to which the provisions of paragraph  b-1  or
  b-2 of this subdivision apply.
    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.
    * NB Effective until September 1, 2019
    * S 235. Jurisdiction. 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 to hear and determine complaints of
  traffic   infractions   constituting   parking,   standing  or  stopping
  violations, or 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  to
  adjudicate  the liability of owners for violations of subdivision (d) of
  section eleven  hundred  eleven  of  this  chapter  in  accordance  with
  sections  eleven  hundred  eleven-b of this chapter as added by sections
  sixteen of chapters twenty, twenty-one, and twenty-two of  the  laws  of
  two  thousand  nine,  or  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, or 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,  or  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, or 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, or 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, such tribunal and the  rules  and  regulations
  pertaining  thereto shall be constituted in substantial conformance with
  the following sections.
    * NB Effective September 1, 2019 until December 1, 2020
    * S 235. Jurisdiction. 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 to hear and determine complaints of
  traffic   infractions   constituting   parking,   standing  or  stopping
  violations, or to adjudicate the liability of owners for  violations  of
  subdivision  (d)  of  section  eleven  hundred eleven of this chapter in
  accordance with sections eleven hundred  eleven-b  of  this  chapter  as
  added by sections sixteen of chapters twenty, twenty-one, and twenty-two
  of  the  laws  of  two  thousand nine, or 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, or 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, or 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,  or  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, or 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, such tribunal and the rules and
  regulations  pertaining  thereto  shall  be  constituted  in substantial
  conformance with the following sections.
    * NB Effective and Expires December 1, 2019
    * S 235. Jurisdiction. 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 to hear and determine complaints of
  traffic   infractions   constituting   parking,   standing  or  stopping
  violations, or 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,  or  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, or 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, or  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,  or  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, such tribunal and the  rules  and  regulations  pertaining
  thereto  shall  be  constituted  in  substantial  conformance  with  the
  following sections.
    * NB Effective December 1, 2019 until September 20, 2020
    * S 235. Jurisdiction. 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 to hear and determine complaints of
  traffic   infractions   constituting   parking,   standing  or  stopping
  violations, or 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,  or  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, or 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, or  to  adjudicate  liability  of
  owners  for  violations  of  subdivisions  (c) and (d) of section eleven
  hundred eighty of this chapter in accordance with section eleven hundred
  eighty-b of this chapter, such tribunal and the  rules  and  regulations
  pertaining  thereto shall be constituted in substantial conformance with
  the following sections.
    * NB Effective September 20, 2020 until August 30, 2018
    * S 235. Jurisdiction. 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 to hear and determine complaints of
  traffic   infractions   constituting   parking,   standing  or  stopping
  violations, or 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,  or  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, or 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, such tribunal and the  rules  and
  regulations  pertaining  thereto  shall  be  constituted  in substantial
  conformance with the following sections.
    * NB Effective August 30, 2018 until August 21, 2019
    * S 235. Jurisdiction. 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 to hear and determine complaints of
  traffic   infractions   constituting   parking,   standing  or  stopping
  violations, or 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,  or  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, such
  tribunal and the rules  and  regulations  pertaining  thereto  shall  be
  constituted in substantial conformance with the following sections.
    * NB Effective August 21, 2019 until September 12, 2020
    * S 235. Jurisdiction.  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 to hear and determine complaints of
  traffic  infractions  constituting   parking,   standing   or   stopping
  violations,  or  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, such tribunal and the rules and  regulations  pertaining  thereto
  shall  be  constituted  in  substantial  conformance  with the following
  sections.
    * NB Effective September 12, 2020

    S 236. 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 by local law adopted pursuant to subdivision (a)  of  section
  eleven  hundred eleven-a of this chapter or subdivisions (a) of sections
  eleven hundred eleven-b of this chapter as added by sections sixteen  of
  chapters  twenty, twenty-one, and twenty-two of the laws of two thousand
  nine, or subdivision (a) of section  eleven  hundred  eleven-d  of  this
  chapter,  or  subdivision (a) of section eleven hundred eleven-e of this
  chapter, shall adjudicate the liability  of  owners  for  violations  of
  subdivision  (d)  of  section  eleven  hundred eleven of this chapter in
  accordance with such section eleven hundred  eleven-a,  sections  eleven
  hundred  eleven-b  as  added  by  sections  sixteen  of chapters twenty,
  twenty-one, and twenty-two of the laws of two thousand nine, or  section
  eleven  hundred  eleven-d  or  section eleven hundred eleven-e and shall
  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  and  shall
  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 and shall 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.  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.
    * NB Effective until December 1, 2019
    * 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  by local law
  adopted pursuant to subdivisions (a) of sections eleven hundred eleven-b
  of this chapter  as  added  by  sections  sixteen  of  chapters  twenty,
  twenty-one,  and  twenty-two  of  the  laws  of  two  thousand  nine, or
  subdivision (a) of section eleven hundred eleven-d of this  chapter,  or
  subdivision  (a)  of  section  eleven  hundred eleven-e of this chapter,
  shall adjudicate the liability of owners for violations  of  subdivision
  (d)  of section eleven hundred eleven of this chapter in accordance with
  such sections eleven hundred eleven-b as added by  sections  sixteen  of
  chapters  twenty, twenty-one, and twenty-two of the laws of two thousand
  nine or section  eleven  hundred  eleven-d  or  section  eleven  hundred
  eleven-e;  and  shall  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  and shall adjudicate
  liability of owners for  violations  of  subdivisions  (c)  and  (d)  of
  section eleven hundred eighty of this chapter in accordance with section
  eleven  hundred  eighty-b  of  this  chapter.  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.
    * NB Effective and Expires December 1, 2019
    * 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  by  local  law
  adopted  pursuant  to subdivision (a) of section eleven hundred eleven-d
  or subdivision (a) of section eleven hundred eleven-e of  this  chapter,
  shall  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; and shall 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. 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.
    * NB Effective December 1, 2019 until September 20, 2020
    * 1.  Creation.  In  any  city as hereinbefore or hereafter authorized
  such tribunal when created shall be  known  as  the  parking  violations
  bureau   and,   where  authorized  by  local  law  adopted  pursuant  to
  subdivision (a) of section eleven hundred eleven-d of  this  chapter  or
  subdivision  (a)  of  section  eleven  hundred eleven-e of this chapter,
  shall have  jurisdiction  of  traffic  infractions  which  constitute  a
  parking  violation  and  shall  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. 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.
    * NB Effective September 20, 2020 until August 30, 2018
    * 1. Creation. In any city as  hereinbefore  or  hereafter  authorized
  such  tribunal  when  created  shall  be known as the parking violations
  bureau  and,  where  authorized  by  local  law  adopted   pursuant   to
  subdivision  (a)  of  section eleven hundred eleven-d of this chapter or
  subdivision (a) of section eleven  hundred  eleven-e  of  this  chapter,
  shall  have  jurisdiction  of  traffic  infractions  which  constitute a
  parking violation. 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.
    * NB Effective August 30, 2018 until August 21, 2019
    * 1. Creation. In any city as  hereinbefore  or  hereafter  authorized
  such  tribunal  when  created  shall  be known as the parking violations
  bureau and where authorized by local law adopted pursuant to subdivision
  (a) of section eleven hundred  eleven-e  of  this  chapter,  shall  have
  jurisdiction   of   traffic   infractions  which  constitute  a  parking
  violation. 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.
    * NB Effective August 21, 2019 until September 12, 2020
    * 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. 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.
    * NB Effective September 12, 2020
    2.  Personnel.  a.  The head of such bureau 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 him 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 he
  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; (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.
  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   city   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  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.

   S 237. Functions,  powers  and  duties.  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;
    * NB Effective until December 1, 2019
    * 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.
    * NB Effective December 1, 2019
    * 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, 2019
    * 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 and Repealed December 1, 2019
    * 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 September 20, 2020
    * 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 September 20, 2020
    * 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 Effective until September 20, 2020
    * 12.  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 Effective September 20, 2020 until August 30, 2018
    * 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 Effective until August 30, 2018
    * 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 August 21, 2019
    * 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 September 12, 2020

  S 238. 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.

   S 239. 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 section eleven hundred eleven-a of this
  chapter, or sections eleven hundred eleven-b of this chapter as added by
  sections sixteen of chapters twenty, twenty-one, and twenty-two  of  the
  laws  of  two  thousand nine, or section eleven hundred eleven-d of this
  chapter, or section eleven hundred eleven-e of this chapter,  and  shall
  not  be  deemed  to  include  a  notice  of liability issued 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 deemed to include a notice of liability issued  pursuant  to  section
  eleven  hundred  eleven-c  of  this  chapter  and shall not be deemed to
  include a notice of liability issued pursuant to section eleven  hundred
  eighty-b of this chapter.
    * NB Effective until December 1, 2019
    * 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  sections  eleven hundred eleven-b of this
  chapter as added by sections sixteen of chapters twenty, twenty-one, and
  twenty-two of the laws of two thousand nine or  section  eleven  hundred
  eleven-d  of  this  chapter  or  section eleven hundred eleven-e of this
  chapter and shall not be deemed to include a notice of liability  issued
  pursuant  to  section  eleven hundred eleven-c of this chapter and shall
  not be deemed to include  a  notice  of  liability  issued  pursuant  to
  section eleven hundred eighty-b of this chapter.
    * NB Effective and expires December 1, 2019
    * f.  "Notice  of violation" means a notice of violation as defined in
  subdivision nine of section two hundred thirty-seven of this article and
  shall not be deemed to include a notice of liability issued pursuant  to
  authorization  set  forth  in  section  eleven  hundred eleven-d of this
  chapter or to a notice of liability issued pursuant to authorization set
  forth in section eleven hundred eleven-e of this chapter and  shall  not
  be  deemed  to  include a notice of liability issued pursuant to section
  eleven hundred eleven-c of this chapter  and  shall  not  be  deemed  to
  include  a notice of liability issued pursuant to section eleven hundred
  eighty-b of this chapter.
    * NB Effective December 1, 2019 until September 20, 2020
    * f. "Notice of violation" means a notice of violation as  defined  in
  subdivision nine of section two hundred thirty-seven of this article and
  shall  not be deemed to include a notice of liability issued pursuant to
  authorization set forth in  section  eleven  hundred  eleven-d  of  this
  chapter or to a notice of liability issued pursuant to authorization set
  forth  in  section eleven hundred eleven-e of this chapter and shall not
  be deemed to include a notice of liability issued  pursuant  to  section
  eleven hundred eighty-b of this chapter.
    * NB Effective September 20, 2020 until August 30, 2018
    * f.  "Notice  of violation" means a notice of violation as defined in
  subdivision nine of section two hundred thirty-seven of this article and
  shall not be deemed to include a notice of liability issued pursuant  to
  authorization  set  forth  in  section  eleven  hundred eleven-d of this
  chapter or to a notice of liability issued pursuant to authorization set
  forth in section eleven hundred eleven-e of this chapter.
    * NB Effective August 30, 2018 until August 21, 2019
    * f. "Notice of violation" means a notice of violation as  defined  in
  subdivision nine of section two hundred thirty-seven of this article and
  shall  not be deemed to include a notice of liability issued pursuant to
  authorization set forth in  section  eleven  hundred  eleven-e  of  this
  chapter.
    * NB Effective August 21, 2019 until September 12, 2020
    * f.  "Notice  of violation" means a notice of violation as defined in
  subdivision nine of section two hundred thirty-seven of this article.
    * NB Effective September 12, 2020
    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 December 1, 2019
    * 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  (b),  (c),  (d), (f) or (g) of section eleven
  hundred eighty of this chapter.
    * NB Effective December 1, 2019 until August 30, 2018

  S 240. 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 section eleven hundred
  eleven-a of this chapter or sections eleven  hundred  eleven-b  of  this
  chapter as added by sections sixteen of chapters twenty, twenty-one, and
  twenty-two  of  the  laws of two thousand nine or section eleven hundred
  eleven-d of this chapter, or section eleven  hundred  eleven-e  of  this
  chapter,  for  a  violation of subdivision (d) of section eleven hundred
  eleven of this chapter contests such allegation, or a person alleged  to
  be liable in accordance with the provisions of section two thousand nine
  hundred eighty-five of the public authorities law or sections sixteen-a,
  sixteen-b  and  sixteen-c  of  chapter seven hundred seventy-four of the
  laws of nineteen hundred fifty, or a person  alleged  to  be  liable  in
  accordance  with  the  provisions  of section eleven hundred eleven-c of
  this chapter for a violation of a bus lane  restriction  as  defined  in
  such  section contests such allegation, or a person alleged to be liable
  in accordance with the provisions of section eleven hundred eighty-b  of
  this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of
  section  eleven hundred eighty of this chapter contests such allegation,
  the bureau shall advise such person personally by  such  form  of  first
  class  mail  as  the  director may direct of the date on which he or she
  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.
    * NB Effective until December 1, 2019
    * 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 sections eleven hundred eleven-b of this  chapter  as
  added by sections sixteen of chapters twenty, twenty-one, and twenty-two
  of  the  laws of two thousand nine or section eleven hundred eleven-d of
  this chapter or section eleven hundred eleven-e of this  chapter  for  a
  violation  of  subdivision  (d) of section eleven hundred eleven of this
  chapter, or a person  alleged  to  be  liable  in  accordance  with  the
  provisions  of  section  eleven  hundred  eleven-c of this chapter for a
  violation of a bus lane restriction as defined in such section  contests
  such allegation, or a person alleged to be liable in accordance with the
  provisions  of  section  eleven  hundred  eighty-b  of  this chapter for
  violations of subdivision (b), (c), (d), (f) or (g)  of  section  eleven
  hundred  eighty  of  this  chapter  contests such allegation, the bureau
  shall advise such person personally by such form of first class mail  as
  the  director  may  direct of the date on which he or she 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.
    * NB Effective and expires December 1, 2019
    * 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 section eleven hundred eleven-d of this chapter or in
  accordance  with  section  eleven hundred eleven-e of this chapter or in
  accordance with the provisions of section  eleven  hundred  eleven-c  of
  this  chapter  for  a  violation of a bus lane restriction as defined in
  such section, contests such allegation, or a person alleged to be liable
  in accordance with the provisions of section eleven hundred eighty-b  of
  this  chapter for violations of subdivision (b), (c), (d), (f) or (g) of
  section eleven hundred eighty of this chapter contests such  allegation,
  the  bureau  shall  advise  such person personally by such form of first
  class mail as the director may direct of the date on  which  he  or  she
  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 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.
    * NB Effective December 1, 2019 until September 20, 2020
    * 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 section eleven hundred eleven-d of this chapter, or a
  person alleged to be liable in accordance with  section  eleven  hundred
  eleven-e of this chapter, or a person alleged to be liable in accordance
  with  the  provisions of section eleven hundred eighty-b of this chapter
  for violations of subdivision (b), (c),  (d),  (f)  or  (g)  of  section
  eleven  hundred  eighty  of  this  chapter contests such allegation, the
  bureau shall advise such person personally by such form of  first  class
  mail  as  the  director  may  direct of the date on which he or she 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 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.
    * NB Effective September 20, 2020 until August 30, 2018
    * 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 section  eleven  hundred  eleven-d  of  this  chapter
  contests such allegation, or a person alleged to be liable in accordance
  with  section  eleven  hundred  eleven-e  of  this chapter contests such
  allegation, the bureau shall advise such person personally by such  form
  of  first  class mail as the director may direct of the date on which he
  or she 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  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.
    * NB Effective August 30, 2018 until August 21, 2019
    * 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 section  eleven  hundred  eleven-e  of  this  chapter
  contests such allegation, the bureau shall advise such person personally
  by  such form of first class mail as the director may direct of the date
  on which he or she 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
  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.
    * NB Effective August 21, 2019 until September 12, 2020
    * 1.  Notice  of  hearing.  Whenever  a  person charged with a parking
  violation enters a plea of not guilty,  the  bureau  shall  advise  such
  person  personally  by such form of first class mail as the director may
  direct of the date on which he 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 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.
    * NB Effective September 12, 2020
    * 1-a.  Fines  and  penalties.  Whenever a plea of not guilty has been
  entered, or the bureau has been notified that an allegation of liability
  in accordance with section eleven hundred eleven-a of  this  chapter  or
  sections  eleven  hundred  eleven-b of this chapter as added by sections
  sixteen of chapters twenty, twenty-one, and twenty-two of  the  laws  of
  two  thousand nine or section eleven hundred eleven-d of this chapter or
  section eleven hundred eleven-e of this  chapter  or  an  allegation  of
  liability   in   accordance  with  section  two  thousand  nine  hundred
  eighty-five  of  the  public  authorities  law  or  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  in
  accordance  with  section  eleven hundred eleven-c of this chapter or an
  allegation of  liability  in  accordance  with  section  eleven  hundred
  eighty-b  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 bureau shall not issue any notice of fine or  penalty  to
  that person prior to the date of the hearing.
    * NB Effective until December 1, 2019
    * 1-a.  Fines  and  penalties.  Whenever a plea of not guilty has been
  entered, or the bureau has been notified that an allegation of liability
  in accordance with sections eleven hundred eleven-b of this chapter,  as
  added by sections sixteen of chapters twenty, twenty-one, and twenty-two
  of  the  laws  of two thousand nine or in accordance with section eleven
  hundred eleven-d of this chapter, or in accordance with  section  eleven
  hundred  eleven-e  of  this  chapter  or  an  allegation of liability in
  accordance with section eleven hundred eleven-c of this  chapter  or  an
  allegation  of  liability  in  accordance  with  section  eleven hundred
  eighty-b 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 bureau shall not issue any notice of fine or penalty to
  that person prior to the date of the hearing.
    * NB Effective and expires December 1, 2019
    * 1-a. Fines and penalties. Whenever a plea of  not  guilty  has  been
  entered, or the bureau has been notified that an allegation of liability
  in accordance with section eleven hundred eleven-d of this chapter or in
  accordance  with  section  eleven hundred eleven-e of this chapter or in
  accordance with section eleven hundred eleven-c of this  chapter  or  an
  allegation  of  liability  in  accordance  with  section  eleven hundred
  eighty-b 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 bureau shall not issue any notice of fine or penalty to
  that person prior to the date of the hearing.
    * NB Effective December 1, 2019 until September 20, 2020
    * 1-a. Fines and penalties. Whenever a plea of  not  guilty  has  been
  entered, or the bureau has been notified that an allegation of liability
  in  accordance  with section eleven hundred eleven-d of this chapter, or
  the bureau  has  been  notified  that  an  allegation  of  liability  in
  accordance  with section eleven hundred eleven-e of this chapter, or the
  bureau has been notified that an allegation of liability  in  accordance
  with   section  eleven  hundred  eighty-b  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 bureau shall not issue
  any notice of fine or penalty to that person prior to the  date  of  the
  hearing.
    * NB Effective September 20, 2020 until August 30, 2018
    * 1-a.  Fines  and  penalties.  Whenever a plea of not guilty has been
  entered, or the bureau has been notified that an allegation of liability
  in accordance with section eleven hundred eleven-d of this  chapter,  is
  being  contested,  or the bureau has been notified that an allegation of
  liability in accordance with section eleven  hundred  eleven-e  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  bureau shall not issue any notice of fine or penalty to that person
  prior to the date of the hearing.
    * NB Effective August 30, 2018 until August 21, 2019
    * 1-a. Fines and penalties. Whenever a plea of  not  guilty  has  been
  entered, or the bureau has been notified that an allegation of liability
  in  accordance  with section eleven hundred eleven-e 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 bureau shall
  not issue any notice of fine or penalty to that person prior to the date
  of the hearing.
    * NB Effective August 21, 2019 until September 12, 2020
    * 1-a. Fines and penalties. Whenever a plea of  not  guilty  has  been
  entered  by  a  person in a timely fashion and a hearing upon the merits
  has been demanded, but has not yet been held, the bureau shall not issue
  any notice of fine or penalty to that person prior to the  date  of  the
  hearing.
    * NB Effective September 12, 2020
    2.  Conduct of hearings.  * a. Every hearing for the adjudication of a
  charge of parking violation or an allegation of liability in  accordance
  with  section  eleven  hundred eleven-a of this chapter or in accordance
  with sections eleven hundred  eleven-b  of  this  chapter  as  added  by
  sections  sixteen  of chapters twenty, twenty-one, and twenty-two of the
  laws of two thousand nine or in accordance with section  eleven  hundred
  eleven-d  of  this  chapter or in accordance with section eleven hundred
  eleven-e of this chapter or an allegation  of  liability  in  accordance
  with  section  two  thousand  nine  hundred  eighty-five  of  the public
  authorities law  or  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 in accordance with section eleven hundred
  eleven-c of this chapter or an allegation  of  liability  in  accordance
  with  section  eleven  hundred  eighty-b  of this chapter, shall be held
  before a hearing examiner  in  accordance  with  rules  and  regulations
  promulgated by the bureau.
    * NB Effective until December 1, 2019
    * a.  Every  hearing  for  the  adjudication  of  a  charge of parking
  violation or an allegation of  liability  in  accordance  with  sections
  eleven hundred eleven-b of this chapter, as added by sections sixteen of
  chapters  twenty, twenty-one, and twenty-two of the laws of two thousand
  nine or in accordance with  section  eleven  hundred  eleven-d  of  this
  chapter  or  in  accordance with section eleven hundred eleven-e of this
  chapter or an allegation of liability in accordance with section  eleven
  hundred  eleven-c  of  this  chapter  or  an  allegation of liability in
  accordance with section eleven hundred eighty-b of this  chapter,  shall
  be  held  before  a  hearing  examiner  in  accordance  with  rules  and
  regulations promulgated by the bureau.
    * NB Effective and expires December 1, 2019
    * a. Every hearing  for  the  adjudication  of  a  charge  of  parking
  violation  or  an  allegation  of  liability  in accordance with section
  eleven hundred eleven-e of this chapter or an allegation of liability in
  accordance with section eleven hundred eleven-d of this  chapter  or  an
  allegation  of  liability  in  accordance  with  section  eleven hundred
  eleven-c of this chapter or an allegation  of  liability  in  accordance
  with  section  eleven  hundred  eighty-b  of  this chapter shall be held
  before a hearing examiner  in  accordance  with  rules  and  regulations
  promulgated by the bureau.
    * NB Effective December 1, 2019 until September 20, 2020
    * a.  Every  hearing  for  the  adjudication  of  a  charge of parking
  violation or an allegation  of  liability  in  accordance  with  section
  eleven hundred eleven-e of this chapter or an allegation of liability in
  accordance  with  section  eleven hundred eleven-d of this chapter or an
  allegation of  liability  in  accordance  with  section  eleven  hundred
  eighty-b  of  this  chapter  shall  be held before a hearing examiner in
  accordance with rules and regulations promulgated by the bureau.
    * NB Effective September 20, 2020 until August 30, 2018
    * a. Every hearing  for  the  adjudication  of  a  charge  of  parking
  violation  or  an  allegation  of  liability  in accordance with section
  eleven hundred eleven-e of this chapter or an allegation of liability in
  accordance with section eleven hundred eleven-d of this chapter shall be
  held before a hearing examiner in accordance with rules and  regulations
  promulgated by the bureau.
    * NB Effective August 30, 2018 until August 21, 2019
    * a.  Every  hearing  for  the  adjudication  of  a  charge of parking
  violation or an allegation  of  liability  in  accordance  with  section
  eleven  hundred  eleven-e of this chapter shall be held before a hearing
  examiner in accordance with rules and  regulations  promulgated  by  the
  bureau.
    * NB Effective August 21, 2019 until September 12, 2020
    * a.  Every  hearing  for  the  adjudication  of  a  charge of parking
  violation shall be held before a hearing  examiner  in  accordance  with
  rules and regulations promulgated by the bureau.
    * NB Effective September 12, 2020
    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  bureau  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 section  eleven  hundred
  eleven-a  of  this chapter or in accordance with sections eleven hundred
  eleven-b of this chapter  as  added  by  sections  sixteen  of  chapters
  twenty,  twenty-one,  and twenty-two of the laws of two thousand nine or
  in accordance with section eleven hundred eleven-d of  this  chapter  is
  contested  or in accordance with section eleven hundred eleven-e of this
  chapter is contested or of a hearing at which  liability  in  accordance
  with  section  two  thousand  nine  hundred  eighty-five  of  the public
  authorities law  or  sections  sixteen-a,  sixteen-b  and  sixteen-c  of
  chapter seven hundred seventy-four of the laws of nineteen hundred fifty
  is  contested  or  of  a  hearing  at which liability in accordance with
  section eleven hundred eleven-c of this chapter or a  hearing  at  which
  liability  in  accordance  with  section eleven hundred eighty-b of this
  chapter is contested. Recording devices may be used for  the  making  of
  the record.
    * NB Effective until December 1, 2019
    * 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 sections eleven hundred
  eleven-b of this chapter, as  added  by  sections  sixteen  of  chapters
  twenty,  twenty-one,  and twenty-two of the laws of two thousand nine or
  in accordance with section eleven hundred eleven-d of this chapter or in
  accordance with section eleven hundred eleven-e of this chapter or of  a
  hearing  at  which  liability  in accordance with section eleven hundred
  eleven-c of this chapter or a hearing at which liability  in  accordance
  with  section  eleven  hundred  eighty-b  of  this chapter is contested.
  Recording devices may be used for the making of the record.
    * NB Effective and expires December 1, 2019
    * 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 section  eleven  hundred
  eleven-e  of  this  chapter  or  of  a  hearing  at  which  liability in
  accordance with section eleven hundred eleven-d of this chapter or of  a
  hearing  at  which  liability  in accordance with section eleven hundred
  eleven-c of this chapter or a hearing at which liability  in  accordance
  with  section  eleven  hundred  eighty-b  of  this chapter is contested.
  Recording devices may be used for the making of the record.
    * NB Effective December 1, 2019 until September 20, 2020
    * 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 section  eleven  hundred
  eleven-e  of  this  chapter  or  of  a  hearing  at  which  liability in
  accordance with section eleven hundred eleven-d of  this  chapter  or  a
  hearing  at  which  liability  in accordance with section eleven hundred
  eighty-b of this chapter is contested. Recording devices may be used for
  the making of the record.
    * NB Effective September 20, 2020 until August 30, 2018
    * g. A record shall be made of a hearing on a plea of not guilty or  a
  hearing  at  which  liability  in accordance with section eleven hundred
  eleven-d of this chapter is contested or a hearing at which liability in
  accordance with section eleven  hundred  eleven-e  of  this  chapter  is
  contested. Recording devices may be used for the making of the record.
    * NB Effective August 30, 2018 until August 21, 2019
    * g.  A record shall be made of a hearing on a plea of not guilty or a
  hearing at which liability in accordance  with  section  eleven  hundred
  eleven-e of this chapter is contested. Recording devices may be used for
  the making of the record.
    * VNB Effective August 21, 2019 until September 12, 2020
    * g.  A  record  shall  be  made of a hearing on a plea of not guilty.
  Recording devices may be used for the making of the record.
    * NB Effective September 12, 2020

  S 241. 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 he or she  may  examine  either  the  prior  parking
  violations  record  or  the record of liabilities incurred in accordance
  with section eleven hundred eleven-a of this chapter  or  in  accordance
  with  sections  eleven  hundred  eleven-b  of  this  chapter as added by
  sections sixteen of chapters twenty, twenty-one, and twenty-two  of  the
  laws  of  two thousand nine or in accordance with section eleven hundred
  eleven-d of this chapter or in accordance with  section  eleven  hundred
  eleven-e  of  this  chapter  or  the  record  of liabilities incurred in
  accordance with section two thousand nine  hundred  eighty-five  of  the
  public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
  chapter seven hundred seventy-four of the laws of nineteen hundred fifty
  of  the  person  charged,  or  the  record  of  liabilities  incurred in
  accordance with section eleven hundred eleven-c of this chapter, or  the
  record of liabilities incurred in accordance with section eleven hundred
  eighty-b  of  this  chapter,  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 bureau
  together with records showing payment and nonpayment of penalties.
    * NB Effective until December 1, 2019
    * 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 he or  she  may  examine
  either  the prior parking violations record or the record of liabilities
  incurred in accordance with sections eleven  hundred  eleven-b  of  this
  chapter as added by sections sixteen of chapters twenty, twenty-one, and
  twenty-two  of  the  laws  of  two  thousand  nine or in accordance with
  section eleven hundred eleven-d of this chapter or  in  accordance  with
  section  eleven  hundred eleven-e of this chapter of the person charged,
  or the record of liabilities incurred in accordance with section  eleven
  hundred  eleven-c of this chapter, or the record of liabilities incurred
  in accordance with section eleven hundred eighty-b of this  chapter,  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 bureau together with records
  showing payment and nonpayment of penalties.
    * NB Effective and Expires December 1, 2019
    * 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 he or  she  may  examine
  the  prior  parking  violations  record  or  the  record  of liabilities
  incurred in accordance with section  eleven  hundred  eleven-e  of  this
  chapter  of the person charged, or the record of liabilities incurred in
  accordance with section eleven hundred eleven-d of this chapter  of  the
  person charged, or the record of liabilities incurred in accordance with
  section  eleven  hundred  eleven-c  of  this  chapter,  or the record of
  liabilities incurred in accordance with section eleven hundred  eighty-b
  of   this   chapter,   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 bureau
  together with records showing payment and nonpayment of penalties.
    * NB Effective December 1, 2019 until September 20, 2020
    * 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 he or  she  may  examine
  either  the prior parking violations record or the record of liabilities
  incurred in accordance with section  eleven  hundred  eleven-d  of  this
  chapter  of the person charged, or the record of liabilities incurred in
  accordance with section eleven hundred eleven-e of this chapter  of  the
  person  charged or the record of liabilities incurred in accordance with
  section eleven hundred eighty-b of this chapter, 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 bureau  together  with  records  showing  payment  and
  nonpayment of penalties.
    * NB Effective September 20, 2020 until August 30, 2018
    * 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 he or she may examine
  either the prior parking violations record or the record of  liabilities
  incurred  in  accordance  with  section  eleven hundred eleven-e of this
  chapter of the person charged or the record of liabilities  incurred  in
  accordance  with  section eleven hundred eleven-d 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 bureau together with
  records showing payment and nonpayment of penalties.
    * NB Effective August 30, 2018 until August 21, 2019
    * 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 he or  she  may  examine
  the  prior  parking  violations  record  or  the  record  of liabilities
  incurred in accordance with section  eleven  hundred  eleven-e  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  bureau
  together with records showing payment and nonpayment of penalties.
    * NB Effective August 21, 2019 until September 12, 2020
    * 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 he may examine the prior
  parking  violations  record  of  the person charged prior to rendering a
  final  determination.  Final  determinations  sustaining  or  dismissing
  charges shall be entered on a final determination roll maintained by the
  bureau   together   with  records  showing  payment  and  nonpayment  of
  penalties.
    * NB Effective September 12, 2020
    * 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  section  eleven  hundred eleven-a of this chapter or in accordance
  with sections eleven hundred  eleven-b  of  this  chapter  as  added  by
  sections  sixteen  of chapters twenty, twenty-one, and twenty-two of the
  laws of two thousand nine or in accordance with section  eleven  hundred
  eleven-d  of  this  chapter or in accordance with section eleven hundred
  eleven-e of this chapter or fails to contest an allegation of  liability
  in  accordance with section two thousand nine hundred eighty-five of the
  public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
  chapter seven hundred seventy-four  of  the  laws  of  nineteen  hundred
  fifty, or fails to contest an allegation of liability in accordance with
  section  eleven  hundred eleven-c of this chapter or fails to contest an
  allegation of  liability  in  accordance  with  section  eleven  hundred
  eighty-b 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  bureau, 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 the
  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 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  in
  accordance  with  section  eleven hundred eleven-a of this chapter or in
  accordance with sections eleven hundred  eleven-b  of  this  chapter  as
  added by sections sixteen of chapters twenty, twenty-one, and twenty-two
  of  the  laws  of two thousand nine or in accordance with section eleven
  hundred eleven-d of this chapter or in accordance  with  section  eleven
  hundred eleven-e of this chapter alleged or liability in accordance with
  section  two thousand nine hundred eighty-five of the public authorities
  law or sections sixteen-a, sixteen-b  and  sixteen-c  of  chapter  seven
  hundred  seventy-four  of  the laws of nineteen hundred fifty alleged or
  liability in accordance with section eleven  hundred  eleven-c  of  this
  chapter  or liability in accordance with section eleven hundred eighty-b
  of this chapter alleged, (2) of the impending default judgment, (3) that
  such judgment will be entered in the Civil Court of the  city  in  which
  the 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 section
  eleven  hundred  eleven-a of this chapter or in accordance with sections
  eleven hundred eleven-b of this chapter as added by sections sixteen  of
  chapters  twenty, twenty-one, and twenty-two of the laws of two thousand
  nine or in accordance with  section  eleven  hundred  eleven-d  of  this
  chapter  or  in  accordance with section eleven hundred eleven-e of this
  chapter or contesting an allegation  of  liability  in  accordance  with
  section  two thousand nine hundred eighty-five of the public authorities
  law or sections sixteen-a, sixteen-b  and  sixteen-c  of  chapter  seven
  hundred seventy-four of the laws of nineteen hundred fifty or contesting
  an  allegation  of  liability  in accordance with section eleven hundred
  eleven-c of this chapter or contesting an  allegation  of  liability  in
  accordance  with  section  eleven  hundred  eighty-b of this chapter, as
  appropriate, 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, he or she shall impose no greater penalty or
  fine than those upon which the person was originally charged.
    * NB Effective until December 1, 2019
    * 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  sections  eleven  hundred  eleven-b  of  this  chapter as added by
  sections sixteen of chapters twenty, twenty-one, and twenty-two  of  the
  laws  of  two thousand nine or in accordance with section eleven hundred
  eleven-d of this chapter, or in accordance with section  eleven  hundred
  eleven-e of this chapter, or fails to contest an allegation of liability
  in  accordance  with section eleven hundred eleven-c of this chapter, or
  fails  to contest an allegation of liability incurred in accordance with
  section eleven hundred eighty-b 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 bureau,  such
  failure  to  plead,  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 the 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  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 in accordance with sections eleven hundred eleven-b of this
  chapter,  as  added  by sections sixteen of chapters twenty, twenty-one,
  and twenty-two of the laws of two thousand nine or  in  accordance  with
  section  eleven  hundred eleven-d of this chapter, or in accordance with
  section eleven  hundred  eleven-e  of  this  chapter,  or  liability  in
  accordance  with  section  eleven  hundred  eleven-c  of this chapter or
  liability in accordance with section eleven  hundred  eighty-b  of  this
  chapter  alleged,  (2)  of the impending default judgment, (3) that such
  judgment will be entered in the Civil Court of the  city  in  which  the
  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 sections eleven
  hundred eleven-b of  this  chapter  as  added  by  sections  sixteen  of
  chapters  twenty, twenty-one, and twenty-two of the laws of two thousand
  nine or in accordance with  section  eleven  hundred  eleven-d  of  this
  chapter  or  in  accordance with section eleven hundred eleven-e of this
  chapter, or contesting an allegation of  liability  in  accordance  with
  section  eleven  hundred  eleven-c  of  this  chapter  or  contesting an
  allegation of  liability  in  accordance  with  section  eleven  hundred
  eighty-b  of this chapter as appropriate, 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, he or she
  shall impose no greater penalty or fine than those upon which the person
  was originally charged.
    * NB Effective and Expires December 1, 2019
    * 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  section  eleven  hundred  eleven-e  of this chapter, or contest an
  allegation of  liability  in  accordance  with  section  eleven  hundred
  eleven-d of this chapter, or fails to contest an allegation of liability
  in  accordance  with section eleven hundred eleven-c of this chapter, or
  fails to contest an allegation of liability incurred in accordance  with
  section eleven hundred eighty-b 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 bureau,  such
  failure to plead, 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
  the  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  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 in accordance with section eleven hundred eleven-e of this
  chapter, or liability in accordance with section eleven hundred eleven-d
  of this chapter, or alleged liability in accordance with section  eleven
  hundred eleven-c of this chapter or alleged liability in accordance with
  section  eleven  hundred  eighty-b 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 the 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  section eleven hundred eleven-e of this chapter or
  contesting an allegation of liability in accordance with section  eleven
  hundred  eleven-d  of  this  chapter  or  contesting  an  allegation  of
  liability in accordance with section eleven  hundred  eleven-c  of  this
  chapter  or  contesting  an  allegation  of liability in accordance with
  section eleven hundred eighty-b of this chapter or making an  appearance
  within  thirty  days of the sending of such notice. Pleas entered 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.
  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,  he or she shall impose no greater penalty or fine than those upon
  which the person was originally charged.
    * NB Effective December 1, 2019 until September 20, 2020
    * 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  section  eleven  hundred  eleven-e  of  this chapter or contest an
  allegation of  liability  in  accordance  with  section  eleven  hundred
  eleven-d  of this chapter or fails to contest an allegation of liability
  incurred in accordance with section  eleven  hundred  eighty-b  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 bureau, such failure to plead, 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 the 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 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  in  accordance  with  section
  eleven  hundred eleven-e of this chapter or liability in accordance with
  section  eleven  hundred  eleven-d  of  this  chapter  or  liability  in
  accordance with section eleven hundred eighty-b of this chapter alleged,
  (2)  of  the  impending default judgment, (3) that such judgment will be
  entered in the Civil Court of the city in  which  the  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  section  eleven  hundred
  eleven-e  of  this  chapter  or contesting an allegation of liability in
  accordance with section eleven  hundred  eleven-d  of  this  chapter  or
  contesting  an allegation of liability in accordance with section eleven
  hundred eighty-b of this chapter or making an appearance  within  thirty
  days  of  the  sending  of such notice. Pleas entered 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.
  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, he shall impose no greater penalty or fine than those  upon  which
  the person was originally charged.
    * NB Effective September 20, 2020 until August 30, 2018
    * 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 section eleven hundred eleven-e  of  this  chapter  or  contest  an
  allegation  of  liability  in  accordance  with  section  eleven hundred
  eleven-d 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 bureau,  such  failure  to  plead,  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 the 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  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  in  accordance  with  section
  eleven  hundred  eleven-e  of  this  chapter  alleged  or  liability  in
  accordance with section eleven hundred eleven-d of this chapter alleged,
  (2) of the impending default judgment, (3) that such  judgment  will  be
  entered  in  the  Civil  Court  of the city in which the 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 section eleven hundred
  eleven-e of this chapter or contesting an  allegation  of  liability  in
  accordance  with  section  eleven  hundred  eleven-d  of this chapter or
  making an appearance within thirty days of the sending of  such  notice.
  Pleas  entered  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. 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,  he  shall impose no greater penalty or fine
  than those upon which the person was originally charged.
    * NB Effective August 30, 2018 until August 21, 2019
    * 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  section eleven hundred eleven-e 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 bureau, such
  failure to plead, 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
  the   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  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  in  accordance  with  section eleven hundred eleven-e of this
  chapter alleged, (2) of the impending default judgment,  (3)  that  such
  judgment  will  be  entered  in the Civil Court of the city in which the
  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 section eleven
  hundred eleven-e of this chapter or making an appearance  within  thirty
  days  of  the  sending  of such notice. Pleas entered 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.
  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, he shall impose no greater penalty or fine than those  upon  which
  the person was originally charged.
    * NB Effective August 21, 2019 until September 12, 2020
    * 2. Where an operator or owner fails to enter a plea to a charge of a
  parking  violation  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  bureau,  such failure to plead, 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  the  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 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, (2) of the impending default judgment, (3)
  that  such  judgment  will  be entered in the Civil Court of the city in
  which  the  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 making an appearance within thirty days of
  the sending of such notice. Pleas entered 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. 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, he shall
  impose no greater penalty or fine than those upon which the  person  was
  originally charged.
    * NB Effective September 12, 2020
    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.

   S 241-a. 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.

    S  241-b. 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.

  S 242.Administrative  review.  1.  There  shall  be  an appeals board
  within the 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 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
  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 bureau shall furnish to the appellant, at his request and at his 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 his 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  his
  attorney  or both, if such right of appearance is expressly requested by
  the appellant in his notice of appeal and upon his  complying  with  the
  regulations of the bureau. If the appellant elects to appear, the 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 he 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 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  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
  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.

  S 243. 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.

  S 244. 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.

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