N.Y. Veh. & Traf. Law § 240
Hearings, notice and conduct
Redline — January 1, 2015 → current.View current text →
Current — June 29, 2026
As of January 1, 2015
§ 240. Hearings, notice and conduct. * 1. Notice of hearing. Whenever\na person charged with a parking violation enters a plea of not guilty or\na person alleged to be liable in accordance with section eleven hundred\neleven-a of this chapter or sections eleven hundred eleven-b of this\nchapter as added by sections sixteen of chapters twenty, twenty-one, and\ntwenty-two of the laws of two thousand nine or section eleven hundred\neleven-d of this chapter, for a violation of subdivision (d) of section\neleven hundred eleven of this chapter contests such allegation, or a\nperson alleged to be liable in accordance with the provisions of section\ntwo thousand nine hundred eighty-five of the public authorities law or\nsections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred\nseventy-four of the laws of nineteen hundred fifty, or a person alleged\nto be liable in accordance with the provisions of section eleven hundred\neleven-c of this chapter for a violation of a bus lane restriction as\ndefined in such section contests such allegation, or a person alleged to\nbe liable in accordance with the provisions of section eleven hundred\neighty-b of this chapter for a violation of subdivision (b), (c), (d),\n(f) or (g) of section eleven hundred eighty of this chapter contests\nsuch allegation, the bureau shall advise such person personally by such\nform of first class mail as the director may direct of the date on which\nhe or she must appear to answer the charge at a hearing. The form and\ncontent of such notice of hearing shall be prescribed by the director,\nand shall contain a warning to advise the person so pleading or\ncontesting that failure to appear on the date designated, or on any\nsubsequent adjourned date, shall be deemed an admission of liability,\nand that a default judgment may be entered thereon.\n * NB Effective until December 1, 2019\n * 1. Notice of hearing. Whenever a person charged with a parking\nviolation enters a plea of not guilty or a person alleged to be liable\nin accordance with sections eleven hundred eleven-b of this chapter as\nadded by sections sixteen of chapters twenty, twenty-one, and twenty-two\nof the laws of two thousand nine or section eleven hundred eleven-d of\nthis chapter for a violation of subdivision (d) of section eleven\nhundred eleven of this chapter, or a person alleged to be liable in\naccordance with the provisions of section eleven hundred eleven-c of\nthis chapter for a violation of a bus lane restriction as defined in\nsuch section contests such allegation, or a person alleged to be liable\nin accordance with the provisions of section eleven hundred eighty-b of\nthis chapter for violations of subdivision (b), (c), (d), (f) or (g) of\nsection eleven hundred eighty of this chapter contests such allegation,\nthe bureau shall advise such person personally by such form of first\nclass mail as the director may direct of the date on which he or she\nmust appear to answer the charge at a hearing. The form and content of\nsuch notice of hearing shall be prescribed by the director, and shall\ncontain a warning to advise the person so pleading or contesting that\nfailure to appear on the date designated, or on any subsequent adjourned\ndate, shall be deemed an admission of liability, and that a default\njudgment may be entered thereon.\n * NB Effective and expires December 1, 2019\n * 1. Notice of hearing. Whenever a person charged with a parking\nviolation enters a plea of not guilty or a person alleged to be liable\nin accordance with section eleven hundred eleven-d of this chapter or in\naccordance with the provisions of section eleven hundred eleven-c of\nthis chapter for a violation of a bus lane restriction as defined in\nsuch section, contests such allegation, or a person alleged to be liable\nin accordance with the provisions of section eleven hundred eighty-b of\nthis chapter for violations of subdivision (b), (c), (d), (f) or (g) of\nsection eleven hundred eighty of this chapter contests such allegation,\nthe bureau shall advise such person personally by such form of first\nclass mail as the director may direct of the date on which he or she\nmust appear to answer the charge at a hearing. The form and content of\nsuch notice of hearing shall be prescribed by the director, and shall\ncontain a warning to advise the person so pleading that failure to\nappear on the date designated, or on any subsequent adjourned date,\nshall be deemed an admission of liability, and that a default judgment\nmay be entered thereon.\n * NB Effective December 1, 2019 until September 20, 2015\n * 1. Notice of hearing. Whenever a person charged with a parking\nviolation enters a plea of not guilty, or a person alleged to be liable\nin accordance with section eleven hundred eleven-d of this chapter, or a\nperson alleged to be liable in accordance with the provisions of section\neleven hundred eighty-b of this chapter for violations of subdivision\n(b), (c), (d), (f) or (g) of section eleven hundred eighty of this\nchapter contests such allegation, the bureau shall advise such person\npersonally by such form of first class mail as the director may direct\nof the date on which he or she must appear to answer the charge at a\nhearing. The form and content of such notice of hearing shall be\nprescribed by the director, and shall contain a warning to advise the\nperson so pleading that failure to appear on the date designated, or on\nany subsequent adjourned date, shall be deemed an admission of\nliability, and that a default judgment may be entered thereon.\n * NB Effective September 20, 2015 until August 30, 2018\n * 1. Notice of hearing. Whenever a person charged with a parking\nviolation enters a plea of not guilty, or a person alleged to be liable\nin accordance with section eleven hundred eleven-d of this chapter\ncontests such allegation, the bureau shall advise such person personally\nby such form of first class mail as the director may direct of the date\non which he or she must appear to answer the charge at a hearing. The\nform and content of such notice of hearing shall be prescribed by the\ndirector, and shall contain a warning to advise the person so pleading\nthat failure to appear on the date designated, or on any subsequent\nadjourned date, shall be deemed an admission of liability, and that a\ndefault judgment may be entered thereon.\n * NB Effective August 30, 2018 until August 21, 2019\n * 1. Notice of hearing. Whenever a person charged with a parking\nviolation enters a plea of not guilty, the bureau shall advise such\nperson personally by such form of first class mail as the director may\ndirect of the date on which he must appear to answer the charge at a\nhearing. The form and content of such notice of hearing shall be\nprescribed by the director, and shall contain a warning to advise the\nperson so pleading that failure to appear on the date designated, or on\nany subsequent adjourned date, shall be deemed an admission of\nliability, and that a default judgment may be entered thereon.\n * NB Effective August 21, 2019\n * 1-a. Fines and penalties. Whenever a plea of not guilty has been\nentered, or the bureau has been notified that an allegation of liability\nin accordance with section eleven hundred eleven-a of this chapter or\nsections eleven hundred eleven-b of this chapter as added by sections\nsixteen of chapters twenty, twenty-one, and twenty-two of the laws of\ntwo thousand nine or section eleven hundred eleven-d of this chapter or\nan allegation of liability in accordance with section two thousand nine\nhundred eighty-five of the public authorities law or sections sixteen-a,\nsixteen-b and sixteen-c of chapter seven hundred seventy-four of the\nlaws of nineteen hundred fifty or an allegation of liability in\naccordance with section eleven hundred eleven-c of this chapter or an\nallegation of liability in accordance with section eleven hundred\neighty-b of this chapter, is being contested, by a person in a timely\nfashion and a hearing upon the merits has been demanded, but has not yet\nbeen held, the bureau shall not issue any notice of fine or penalty to\nthat person prior to the date of the hearing.\n * NB Effective until December 1, 2019\n * 1-a. Fines and penalties. Whenever a plea of not guilty has been\nentered, or the bureau has been notified that an allegation of liability\nin accordance with sections eleven hundred eleven-b of this chapter, as\nadded by sections sixteen of chapters twenty, twenty-one, and twenty-two\nof the laws of two thousand nine or in accordance with section eleven\nhundred eleven-d of this chapter or an allegation of liability in\naccordance with section eleven hundred eleven-c of this chapter or an\nallegation of liability in accordance with section eleven hundred\neighty-b of this chapter is being contested, by a person in a timely\nfashion and a hearing upon the merits has been demanded, but has not yet\nbeen held, the bureau shall not issue any notice of fine or penalty to\nthat person prior to the date of the hearing.\n * NB Effective and expires December 1, 2019\n * 1-a. Fines and penalties. Whenever a plea of not guilty has been\nentered, or the bureau has been notified that an allegation of liability\nin accordance with section eleven hundred eleven-d of this chapter or in\naccordance with section eleven hundred eleven-c of this chapter or an\nallegation of liability in accordance with section eleven hundred\neighty-b of this chapter is being contested, by a person in a timely\nfashion and a hearing upon the merits has been demanded, but has not yet\nbeen held, the bureau shall not issue any notice of fine or penalty to\nthat person prior to the date of the hearing.\n * NB Effective December 1, 2019 until September 20, 2015\n * 1-a. Fines and penalties. Whenever a plea of not guilty has been\nentered, or the bureau has been notified that an allegation of liability\nin accordance with section eleven hundred eleven-d of this chapter, or\nthe bureau has been notified that an allegation of liability in\naccordance with section eleven hundred eighty-b of this chapter, is\nbeing contested, by a person in a timely fashion and a hearing upon the\nmerits has been demanded, but has not yet been held, the bureau shall\nnot issue any notice of fine or penalty to that person prior to the date\nof the hearing.\n * NB Effective September 20, 2015 until August 30, 2018\n * 1-a. Fines and penalties. Whenever a plea of not guilty has been\nentered, or the bureau has been notified that an allegation of liability\nin accordance with section eleven hundred eleven-d of this chapter, is\nbeing contested, by a person in a timely fashion and a hearing upon the\nmerits has been demanded, but has not yet been held, the bureau shall\nnot issue any notice of fine or penalty to that person prior to the date\nof the hearing.\n * NB Effective August 30, 2018 until August 21, 2019\n * 1-a. Fines and penalties. Whenever a plea of not guilty has been\nentered by a person in a timely fashion and a hearing upon the merits\nhas been demanded, but has not yet been held, the bureau shall not issue\nany notice of fine or penalty to that person prior to the date of the\nhearing.\n * NB Effective August 21, 2019\n 2. Conduct of hearings. * a. Every hearing for the adjudication of a\ncharge of parking violation or an allegation of liability in accordance\nwith section eleven hundred eleven-a of this chapter or in accordance\nwith sections eleven hundred eleven-b of this chapter as added by\nsections sixteen of chapters twenty, twenty-one, and twenty-two of the\nlaws of two thousand nine or in accordance with section eleven hundred\neleven-d of this chapter or an allegation of liability in accordance\nwith section two thousand nine hundred eighty-five of the public\nauthorities law or sections sixteen-a, sixteen-b and sixteen-c of\nchapter seven hundred seventy-four of the laws of nineteen hundred fifty\nor an allegation of liability in accordance with section eleven hundred\neleven-c of this chapter or an allegation of liability in accordance\nwith section eleven hundred eighty-b of this chapter, shall be held\nbefore a hearing examiner in accordance with rules and regulations\npromulgated by the bureau.\n * NB Effective until December 1, 2019\n * a. Every hearing for the adjudication of a charge of parking\nviolation or an allegation of liability in accordance with sections\neleven hundred eleven-b of this chapter, as added by sections sixteen of\nchapters twenty, twenty-one, and twenty-two of the laws of two thousand\nnine or in accordance with section eleven hundred eleven-d of this\nchapter or an allegation of liability in accordance with section eleven\nhundred eleven-c of this chapter or an allegation of liability in\naccordance with section eleven hundred eighty-b of this chapter, shall\nbe held before a hearing examiner in accordance with rules and\nregulations promulgated by the bureau.\n * NB Effective and expires December 1, 2019\n * a. Every hearing for the adjudication of a charge of parking\nviolation or an allegation of liability in accordance with section\neleven hundred eleven-d of this chapter or an allegation of liability in\naccordance with section eleven hundred eleven-c of this chapter or an\nallegation of liability in accordance with section eleven hundred\neighty-b of this chapter shall be held before a hearing examiner in\naccordance with rules and regulations promulgated by the bureau.\n * NB Effective December 1, 2019 until September 20, 2015\n * a. Every hearing for the adjudication of a charge of parking\nviolation or an allegation of liability in accordance with section\neleven hundred eleven-d of this chapter or an allegation of liability in\naccordance with section eleven hundred eighty-b of this chapter shall be\nheld before a hearing examiner in accordance with rules and regulations\npromulgated by the bureau.\n * NB Effective September 20, 2015 until August 30, 2018\n * a. Every hearing for the adjudication of a charge of parking\nviolation or an allegation of liability in accordance with section\neleven hundred eleven-d of this chapter shall be held before a hearing\nexaminer in accordance with rules and regulations promulgated by the\nbureau.\n * NB Effective August 30, 2018 until August 21, 2019\n * a. Every hearing for the adjudication of a charge of parking\nviolation shall be held before a hearing examiner in accordance with\nrules and regulations promulgated by the bureau.\n * NB Effective August 21, 2019\n b. No charge may be established except upon proof by substantial\nevidence.\n c. The hearing examiner shall not be bound by the rules of evidence in\nthe conduct of the hearing, except rules relating to privileged\ncommunications.\n d. The hearing examiner shall at the request of the person charged on\na showing of good cause and need therefor, or in his own discretion,\nissue a subpoena to compel the appearance at a hearing of the officer\nwho served the notice of violation or of other persons to give\ntestimony, and may issue a subpoena duces tecum to compel the production\nfor examination or introduction into evidence, of any book, paper or\nother thing relevant to the charges.\n e. In the case of a refusal to obey a subpoena, the bureau may make\napplication to the Supreme Court pursuant to section twenty-three\nhundred eight of the civil practice law and rules, for an order\nrequiring such appearance, testimony or production of evidence.\n f. The hearing examiner shall not examine the prior violation record\nof a person charged before making a determination.\n * g. A record shall be made of a hearing on a plea of not guilty or of\na hearing at which liability in accordance with section eleven hundred\neleven-a of this chapter or in accordance with sections eleven hundred\neleven-b of this chapter as added by sections sixteen of chapters\ntwenty, twenty-one, and twenty-two of the laws of two thousand nine or\nin accordance with section eleven hundred eleven-d of this chapter is\ncontested or of a hearing at which liability in accordance with section\ntwo thousand nine hundred eighty-five of the public authorities law or\nsections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred\nseventy-four of the laws of nineteen hundred fifty is contested or of a\nhearing at which liability in accordance with section eleven hundred\neleven-c of this chapter or a hearing at which liability in accordance\nwith section eleven hundred eighty-b of this chapter is contested.\nRecording devices may be used for the making of the record.\n * NB Effective until December 1, 2019\n * g. A record shall be made of a hearing on a plea of not guilty or of\na hearing at which liability in accordance with sections eleven hundred\neleven-b of this chapter, as added by sections sixteen of chapters\ntwenty, twenty-one, and twenty-two of the laws of two thousand nine or\nin accordance with section eleven hundred eleven-d of this chapter or of\na hearing at which liability in accordance with section eleven hundred\neleven-c of this chapter or a hearing at which liability in accordance\nwith section eleven hundred eighty-b of this chapter is contested.\nRecording devices may be used for the making of the record.\n * NB Effective and expires December 1, 2019\n * g. A record shall be made of a hearing on a plea of not guilty or of\na hearing at which liability in accordance with section eleven hundred\neleven-d of this chapter or of a hearing at which liability in\naccordance with section eleven hundred eleven-c of this chapter or a\nhearing at which liability in accordance with section eleven hundred\neighty-b of this chapter is contested. Recording devices may be used for\nthe making of the record.\n * NB Effective December 1, 2019 until September 20, 2015\n * g. A record shall be made of a hearing on a plea of not guilty or of\na hearing at which liability in accordance with section eleven hundred\neleven-d of this chapter or a hearing at which liability in accordance\nwith section eleven hundred eighty-b of this chapter is contested.\nRecording devices may be used for the making of the record.\n * NB Effective September 20, 2015 until August 30, 2018\n * g. A record shall be made of a hearing on a plea of not guilty or a\nhearing at which liability in accordance with section eleven hundred\neleven-d of this chapter is contested. Recording devices may be used for\nthe making of the record.\n * NB Effective August 30, 2018 until August 21, 2019\n * g. A record shall be made of a hearing on a plea of not guilty.\nRecording devices may be used for the making of the record.\n * NB Effective August 21, 2019\n
§ 240. Hearings, notice and conduct. 1. Notice of hearing. Whenever a\nperson charged with a parking violation enters a plea of not guilty; or\na person alleged to be liable in accordance with any provisions of law\nspecifically authorizing the imposition of monetary liability on the\nowner of a vehicle for failure of an operator thereof: to comply with\ntraffic-control indications in violation of subdivision (d) of section\neleven hundred eleven of this chapter through the installation and\noperation of traffic-control signal photo violation-monitoring systems,\nin accordance with article twenty-four of this chapter; or to comply\nwith certain posted maximum speed limits in violation of subdivision\n(b), (c), (d), (f) or (g) of section eleven hundred eighty of this\nchapter through the installation and operation of photo speed violation\nmonitoring systems, in accordance with article thirty of this chapter;\nor to comply with bus lane restrictions as defined by article\ntwenty-four of this chapter through the installation and operation of\nbus lane photo devices, in accordance with article twenty-four of this\nchapter; or to comply with toll collection regulations of certain public\nauthorities through the installation and operation of photo-monitoring\nsystems, in accordance with the provisions of section two thousand nine\nhundred eighty-five of the public authorities law and sections\nsixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four\nof the laws of nineteen hundred fifty; or to stop for a school bus\ndisplaying a red visual signal in violation of section eleven hundred\nseventy-four of this chapter through the installation and operation of\nschool bus photo violation monitoring systems, in accordance with\narticle twenty-nine of this chapter; or to comply with certain posted\nmaximum speed limits in violation of subdivision (b), (d), (f) or (g) of\nsection eleven hundred eighty of this chapter within a highway\nconstruction or maintenance work area through the installation and\noperation of photo speed violation monitoring systems, in accordance\nwith article thirty of this chapter; or to comply with gross vehicle\nweight and/or axle weight restrictions in violation of section three\nhundred eighty-five of this chapter and the rules of the applicable\ncovered agency or covered authority as such terms are defined in article\nten of this chapter through the installation and operation of weigh in\nmotion violation monitoring systems, in accordance with article ten of\nthis chapter; or to comply with bus operation-related traffic\nregulations as defined by article twenty-four of this chapter in\nviolation of the rules of the department of transportation of the city\nof New York through the installation and operation of bus\noperation-related photo devices, in accordance with article twenty-four\nof this chapter, contests such allegation, the parking violations bureau\nor the traffic camera violations bureau, as applicable, shall advise\nsuch person personally by such form of first class mail as the director\nmay direct of the date on which such person must appear to answer the\ncharge at a hearing. The form and content of such notice of hearing\nshall be prescribed by the director, and shall contain a warning to\nadvise the person so pleading or contesting that failure to appear on\nthe date designated, or on any subsequent adjourned date, shall be\ndeemed an admission of liability, and that a default judgment may be\nentered thereon.\n 1-a. Fines and penalties. Whenever a plea of not guilty has been\nentered, or the parking violations bureau or the traffic camera\nviolations bureau, as applicable, has been notified that an allegation\nof liability in accordance with provisions of law specifically\nauthorizing the imposition of monetary liability on the owner of a\nvehicle for failure of an operator thereof: to comply with\ntraffic-control indications in violation of subdivision (d) of section\neleven hundred eleven of this chapter through the installation and\noperation of traffic-control signal photo violation-monitoring systems,\nin accordance with article twenty-four of this chapter; or to comply\nwith certain posted maximum speed limits in violation of subdivision\n(b), (c), (d), (f) or (g) of section eleven hundred eighty of this\nchapter through the installation and operation of photo speed violation\nmonitoring systems, in accordance with article thirty of this chapter;\nor to comply with bus lane restrictions as defined by article\ntwenty-four of this chapter through the installation and operation of\nbus lane photo devices, in accordance with article twenty-four of this\nchapter; or to comply with toll collection regulations of certain public\nauthorities through the installation and operation of photo-monitoring\nsystems, in accordance with the provisions of section two thousand nine\nhundred eighty-five of the public authorities law and sections\nsixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four\nof the laws of nineteen hundred fifty; or to stop for a school bus\ndisplaying a red visual signal in violation of section eleven hundred\nseventy-four of this chapter through the installation and operation of\nschool bus photo violation monitoring systems, in accordance with\narticle twenty-nine of this chapter; or to comply with certain posted\nmaximum speed limits in violation of subdivision (b), (d), (f) or (g) of\nsection eleven hundred eighty of this chapter within a highway\nconstruction or maintenance work area through the installation and\noperation of photo speed violation monitoring systems, in accordance\nwith article thirty of this chapter; or to comply with gross vehicle\nweight and/or axle weight restrictions in violation of section three\nhundred eighty-five of this chapter and the rules of the applicable\ncovered agency or covered authority as such terms are defined in article\nten of this chapter through the installation and operation of weigh in\nmotion violation monitoring systems, in accordance with article ten of\nthis chapter; or to comply with bus operation-related traffic\nregulations as defined by article twenty-four of this chapter in\nviolation of the rules of the department of transportation of the city\nof New York through the installation and operation of bus\noperation-related photo devices, in accordance with article twenty-four\nof this chapter, is being contested, by a person in a timely fashion and\na hearing upon the merits has been demanded, but has not yet been held,\nthe applicable bureau shall not issue any notice of fine or penalty to\nthat person prior to the date of the hearing.\n 1-b. (a) In a city having a population of one million or more, at\nevery hearing for the adjudication of a notice of liability, as provided\nby this article, there shall be a rebuttable presumption that the owner\nof a first-response emergency vehicle alleged to be liable in accordance\nwith any provisions of law specifically authorizing the imposition of\nmonetary liability on the owner of a vehicle for failure of an operator\nthereof: to comply with traffic-control indications in violation of\nsubdivision (d) of section eleven hundred eleven of this chapter through\nthe installation and operation of traffic-control signal photo\nviolation-monitoring systems, in accordance with article twenty-four of\nthis chapter; or to comply with certain posted maximum speed limits in\nviolation of subdivision (b), (c), (d), (f) or (g) of section eleven\nhundred eighty of this chapter through the installation and operation of\nphoto speed violation monitoring systems, in accordance with article\nthirty of this chapter; or to comply with bus lane restrictions as\ndefined by article twenty-four of this chapter through the installation\nand operation of bus lane photo devices, in accordance with article\ntwenty-four of this chapter; or to comply with bus operation-related\ntraffic regulations as defined by article twenty-four of this chapter in\nviolation of the rules of the department of transportation of the city\nof New York through the installation and operation of bus\noperation-related photo devices, in accordance with article twenty-four\nof this chapter is not liable for such alleged violation if such owner\nof the first-response emergency vehicle provides the hearing officer\nwith:\n (i) a signed and affirmed affidavit attesting that the operator of the\nfirst-response emergency vehicle at the time of the alleged violation is\na medically-trained first responder and that the alleged violation\noccurred while the operator of the first-response emergency vehicle was\ninvolved in an emergency operation in such vehicle in response to a\nmedical emergency call; and\n (ii) documentation supporting the dispatch of the medical emergency\ncall and the dispatch of the operator and the first-response emergency\nvehicle to the scene of the medical emergency.\n (b) As used in this subdivision, "first-response emergency vehicle"\nshall mean ambulances as defined in section one hundred-b of this\nchapter and emergency ambulance service vehicles as defined in section\none hundred fifteen-c of this chapter.\n 2. Conduct of hearings. a. Every hearing for the adjudication of a\ncharge of parking violation or an allegation of liability of an owner\nfor a violation of subdivision (d) of section eleven hundred eleven of\nthis chapter imposed pursuant to a local law or ordinance imposing\nmonetary liability on the owner of a vehicle for failure of an operator\nthereof to comply with traffic-control indications through the\ninstallation and operation of traffic-control signal photo\nviolation-monitoring systems, in accordance with article twenty-four of\nthis chapter, or an allegation of liability of an owner for a violation\nof subdivision (b), (c), (d), (f) or (g) of section eleven hundred\neighty of this chapter imposed pursuant to a demonstration program\nimposing monetary liability on the owner of a vehicle for failure of an\noperator thereof to comply with certain posted maximum speed limits\nthrough the installation and operation of photo speed violation\nmonitoring systems, in accordance with article thirty of this chapter,\nor an allegation of liability of an owner for a violation of bus lane\nrestrictions as defined by article twenty-four of this chapter imposed\npursuant to a bus rapid transit program imposing monetary liability on\nthe owner of a vehicle for failure of an operator thereof to comply with\nsuch bus lane restrictions through the installation and operation of bus\nlane photo devices, in accordance with article twenty-four of this\nchapter, or an allegation of liability of an owner for a violation of\ntoll collection regulations imposed by certain public authorities\npursuant to the law authorizing such public authorities to impose\nmonetary liability on the owner of a vehicle for failure of an operator\nthereof to comply with toll collection regulations of such public\nauthorities through the installation and operation of photo-monitoring\nsystems, in accordance with the provisions of section two thousand nine\nhundred eighty-five of the public authorities law and sections\nsixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four\nof the laws of nineteen hundred fifty, or an allegation of liability of\nan owner for a violation of section eleven hundred seventy-four of this\nchapter when meeting a school bus marked and equipped as provided in\nsubdivisions twenty and twenty-one-c of section three hundred\nseventy-five of this chapter imposed pursuant to a local law or\nordinance imposing monetary liability on the owner of a vehicle for\nfailure of an operator thereof to comply with school bus red visual\nsignals through the installation and operation of school bus photo\nviolation monitoring systems, in accordance with article twenty-nine of\nthis chapter, or an allegation of liability of an owner for a violation\nof subdivision (b), (d), (f) or (g) of section eleven hundred eighty of\nthis chapter imposed pursuant to a demonstration program imposing\nmonetary liability on the owner of a vehicle for failure of an operator\nthereof to comply with certain posted maximum speed limits within a\nhighway construction or maintenance work area through the installation\nand operation of photo speed violation monitoring systems, in accordance\nwith article thirty of this chapter, or an allegation of liability of an\nowner for a violation of section three hundred eighty-five of this\nchapter and the rules of the applicable covered agency or covered\nauthority as such terms are defined in article ten of this chapter in\nrelation to gross vehicle weight and/or axle weight violations imposed\npursuant to a weigh in motion demonstration program imposing monetary\nliability on the owner of a vehicle for failure of an operator thereof\nto comply with such gross vehicle weight and/or axle weight restrictions\nthrough the installation and operation of weigh in motion violation\nmonitoring systems, in accordance with article ten of this chapter, or\nan allegation of liability of an owner for a violation of bus\noperation-related traffic regulations as defined by article twenty-four\nof this chapter imposed pursuant to a demonstration program imposing\nmonetary liability on the owner of a vehicle for failure of an operator\nthereof to comply with such bus operation-related traffic regulations\nthrough the installation and operation of bus operation-related photo\ndevices, in accordance with article twenty-four of this chapter, shall\nbe held before a hearing examiner in accordance with rules and\nregulations promulgated by the parking violations bureau or the traffic\ncamera violations bureau, as applicable.\n b. No charge may be established except upon proof by substantial\nevidence.\n c. The hearing examiner shall not be bound by the rules of evidence in\nthe conduct of the hearing, except rules relating to privileged\ncommunications.\n d. The hearing examiner shall at the request of the person charged on\na showing of good cause and need therefor, or in his own discretion,\nissue a subpoena to compel the appearance at a hearing of the officer\nwho served the notice of violation or of other persons to give\ntestimony, and may issue a subpoena duces tecum to compel the production\nfor examination or introduction into evidence, of any book, paper or\nother thing relevant to the charges.\n e. In the case of a refusal to obey a subpoena, the parking violations\nbureau or the traffic camera violations bureau, as applicable, may make\napplication to the Supreme Court pursuant to section twenty-three\nhundred eight of the civil practice law and rules, for an order\nrequiring such appearance, testimony or production of evidence.\n f. The hearing examiner shall not examine the prior violation record\nof a person charged before making a determination.\n g. A record shall be made of a hearing on a plea of not guilty or of a\nhearing at which liability in accordance with any provisions of law\nspecifically authorizing the imposition of monetary liability on the\nowner of a vehicle for failure of an operator thereof: to comply with\ntraffic-control indications in violation of subdivision (d) of section\neleven hundred eleven of this chapter through the installation and\noperation of traffic-control signal photo violation-monitoring systems,\nin accordance with article twenty-four of this chapter; to comply with\ncertain posted maximum speed limits in violation of subdivision (b),\n(c), (d), (f) or (g) of section eleven hundred eighty of this chapter\nthrough the installation and operation of photo speed violation\nmonitoring systems, in accordance with article thirty of this chapter;\nto comply with bus lane restrictions as defined by article twenty-four\nof this chapter through the installation and operation of bus lane photo\ndevices, in accordance with article twenty-four of this chapter; to\ncomply with toll collection regulations of certain public authorities\nthrough the installation and operation of photo-monitoring systems, in\naccordance with the provisions of section two thousand nine hundred\neighty-five of the public authorities law and sections sixteen-a,\nsixteen-b and sixteen-c of chapter seven hundred seventy-four of the\nlaws of nineteen hundred fifty; to stop for a school bus displaying a\nred visual signal in violation of section eleven hundred seventy-four of\nthis chapter through the installation and operation of school bus photo\nviolation monitoring systems, in accordance with article twenty-nine of\nthis chapter; to comply with certain posted maximum speed limits in\nviolation of subdivision (b), (d), (f) or (g) of section eleven hundred\neighty of this chapter within a highway construction or maintenance work\narea through the installation and operation of photo speed violation\nmonitoring systems, in accordance with article thirty of this chapter;\nto comply with gross vehicle weight and/or axle weight restrictions in\nviolation of section three hundred eighty-five of this chapter and the\nrules of the applicable covered agency or covered authority as such\nterms are defined in article ten of this chapter through the\ninstallation and operation of weigh in motion violation monitoring\nsystems, in accordance with article ten of this chapter; or to comply\nwith bus operation-related traffic regulations as defined by article\ntwenty-four of this chapter in violation of the rules of the department\nof transportation of the city of New York through the installation and\noperation of bus operation-related photo devices, in accordance with\narticle twenty-four of this chapter, is contested. Recording devices may\nbe used for the making of the record.\n
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.