N.Y. Veh. & Traf. Law § 241

§ 241. Final determinations, judgments. * 1. The hearing examiner\nshall make a determination on the charges, either sustaining or\ndismissing them. Where the hearing examiner determines that the charges\nhave been sustained he or she may examine either the prior parking\nviolations record or the record of liabilities incurred 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; 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; to comply with bus lane restrictions as defined\nby article twenty-four of this chapter through the installation and\noperation of bus lane photo devices, in accordance with article\ntwenty-four of this chapter; to comply with toll collection regulations\nof certain public authorities through the installation and operation of\nphoto-monitoring systems, in accordance with the provisions of section\ntwo thousand nine hundred eighty-five of the public authorities law and\nsections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred\nseventy-four of the laws of nineteen hundred fifty; or to stop for a\nschool bus displaying a red visual signal in violation of section eleven\nhundred seventy-four of this chapter through the installation and\noperation of school bus photo violation monitoring systems, in\naccordance with article twenty-nine of this chapter, or to comply with\ncertain posted maximum speed limits in violation of subdivision (b),\n(d), (f) or (g) of section eleven hundred eighty of this chapter within\na highway 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 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 department of\ntransportation of the city of New York through the installation and\noperation of weigh in motion violation monitoring systems, in accordance\nwith article ten of this chapter, of the person charged, as applicable\nprior to rendering a final determination. Final determinations\nsustaining or dismissing charges shall be entered on a final\ndetermination roll maintained by the bureau together with records\nshowing payment and nonpayment of penalties.\n * NB Effective until May 3, 2024\n * 1. The hearing examiner shall make a determination on the charges,\neither sustaining or dismissing them. Where the hearing examiner\ndetermines that the charges have been sustained he or she may examine\neither the prior parking violations record or the record of liabilities\nincurred in accordance with any 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; 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 department of transportation of the city of New York\nthrough the installation and operation of weigh in motion violation\nmonitoring systems, in accordance with article ten of this chapter; or\nto comply with bus operation-related traffic regulations as defined by\narticle twenty-four of this chapter in violation of the rules of the\ndepartment of transportation of the city of New York through the\ninstallation and operation of bus operation-related photo devices, in\naccordance with article twenty-four of this chapter, of the person\ncharged, as applicable prior to rendering a final determination. Final\ndeterminations sustaining or dismissing charges shall be entered on a\nfinal determination roll maintained by the bureau together with records\nshowing payment and nonpayment of penalties.\n * NB Effective May 3, 2024\n * 2. Where an operator or owner fails to enter a plea to a charge of a\nparking violation or contest an allegation of liability 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; 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; to comply with bus lane restrictions as defined\nby article twenty-four of this chapter through the installation and\noperation of bus lane photo devices, in accordance with article\ntwenty-four of this chapter; to comply with toll collection regulations\nof certain public authorities through the installation and operation of\nphoto-monitoring systems, in accordance with the provisions of section\ntwo thousand nine hundred eighty-five of the public authorities law and\nsections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred\nseventy-four of the laws of nineteen hundred fifty; to stop for a school\nbus displaying a red visual signal in violation of section eleven\nhundred seventy-four of this chapter through the installation and\noperation of school bus photo violation monitoring systems, in\naccordance with article twenty-nine of this chapter, or to comply with\ncertain posted maximum speed limits in violation of subdivision (b),\n(d), (f) or (g) of section eleven hundred eighty of this chapter within\na highway 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 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 department of\ntransportation of the city of New York through the installation and\noperation of weigh in motion violation monitoring systems, in accordance\nwith article ten of this chapter; or fails to appear on a designated\nhearing date or subsequent adjourned date or fails after a hearing to\ncomply with the determination of a hearing examiner, as prescribed by\nthis article or by rule or regulation of the bureau, such failure to\nplead or contest, appear or comply shall be deemed, for all purposes, an\nadmission of liability and shall be grounds for rendering and entering a\ndefault judgment in an amount provided by the rules and regulations of\nthe bureau. However, after the expiration of the original date\nprescribed for entering a plea and before a default judgment may be\nrendered, in such case the bureau shall pursuant to the applicable\nprovisions of law notify such operator or owner, by such form of first\nclass mail as the commission may direct; (1) of the violation charged,\nor liability alleged 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, or 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;\nor to comply with gross vehicle weight and/or axle weight restrictions\nin violation of section three hundred eighty-five of this chapter and\nthe rules of the department of transportation of the city of New York\nthrough the installation and operation of weigh in motion violation\nmonitoring systems, in accordance with article ten of this chapter, (2)\nof the impending default judgment, (3) that such judgment will be\nentered in the Civil Court of the city in which the bureau has been\nestablished, or other court of civil jurisdiction or any other place\nprovided for the entry of civil judgments within the state of New York,\nand (4) that a default may be avoided by entering a plea or contesting\nan allegation of 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, or 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;\nor to comply with gross vehicle weight and/or axle weight restrictions\nin violation of section three hundred eighty-five of this chapter and\nthe rules of the department of transportation of the city of New York\nthrough the installation and operation of weigh in motion violation\nmonitoring systems, in accordance with article ten of this chapter; or\nmaking an appearance within thirty days of the sending of such notice.\nPleas entered and allegations contested within that period shall be in\nthe manner prescribed in the notice and not subject to additional\npenalty or fee. Such notice of impending default judgment shall not be\nrequired prior to the rendering and entry thereof in the case of\noperators or owners who are non-residents of the state of New York. In\nno case shall a default judgment be rendered or, where required, a\nnotice of impending default judgment be sent, more than two years after\nthe expiration of the time prescribed for entering a plea or contesting\nan allegation. When a person has demanded a hearing, no fine or penalty\nshall be imposed for any reason, prior to the holding of the hearing. If\nthe hearing examiner shall make a determination on the charges,\nsustaining them, he or she shall impose no greater penalty or fine than\nthose upon which the person was originally charged.\n * NB Effective until May 3, 2024\n * 2. Where an operator or owner fails to enter a plea to a charge of a\nparking violation or contest an allegation of liability 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; 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; to comply with bus lane restrictions as defined\nby article twenty-four of this chapter through the installation and\noperation of bus lane photo devices, in accordance with article\ntwenty-four of this chapter; to comply with toll collection regulations\nof certain public authorities through the installation and operation of\nphoto-monitoring systems, in accordance with the provisions of section\ntwo thousand nine hundred eighty-five of the public authorities law and\nsections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred\nseventy-four of the laws of nineteen hundred fifty; to stop for a school\nbus displaying a red visual signal in violation of section eleven\nhundred seventy-four of this chapter through the installation and\noperation of school bus photo violation monitoring systems, in\naccordance with article twenty-nine of this chapter; to comply with\ncertain posted maximum speed limits in violation of subdivision (b),\n(d), (f) or (g) of section eleven hundred eighty of this chapter within\na highway construction or maintenance work area through the installation\nand operation of photo speed violation monitoring systems, in accordance\nwith article thirty of this chapter; to comply with gross vehicle weight\nand/or axle weight restrictions in violation of section three hundred\neighty-five of this chapter and the rules of the department of\ntransportation of the city of New York through the installation and\noperation of weigh in motion violation monitoring systems, in accordance\nwith article ten of this chapter; or to comply with bus\noperation-related traffic regulations as defined by article twenty-four\nof this chapter in violation of the rules of the department of\ntransportation 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, or fails to appear on a designated\nhearing date or subsequent adjourned date or fails after a hearing to\ncomply with the determination of a hearing examiner, as prescribed by\nthis article or by rule or regulation of the bureau, such failure to\nplead or contest, appear or comply shall be deemed, for all purposes, an\nadmission of liability and shall be grounds for rendering and entering a\ndefault judgment in an amount provided by the rules and regulations of\nthe bureau. However, after the expiration of the original date\nprescribed for entering a plea and before a default judgment may be\nrendered, in such case the bureau shall pursuant to the applicable\nprovisions of law notify such operator or owner, by such form of first\nclass mail as the commission may direct; (1) of the violation charged,\nor liability alleged 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 department of transportation of the city of New York\nthrough the installation and operation of weigh in motion violation\nmonitoring systems, in accordance with article ten of this chapter; or\nto comply with bus operation-related traffic regulations as defined by\narticle twenty-four of this chapter in violation of the rules of the\ndepartment of transportation of the city of New York through the\ninstallation and operation of bus operation-related photo devices, in\naccordance with article twenty-four of this chapter, (2) of the\nimpending default judgment, (3) that such judgment will be entered in\nthe Civil Court of the city in which the bureau has been established, or\nother court of civil jurisdiction or any other place provided for the\nentry of civil judgments within the state of New York, and (4) that a\ndefault may be avoided by entering a plea or contesting an allegation of\nliability in accordance with any 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; 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 department of transportation of the city of New York\nthrough the installation and operation of weigh in motion violation\nmonitoring systems, in accordance with article ten of this chapter; or\nto comply with bus operation-related traffic regulations as defined by\narticle twenty-four of this chapter in violation of the rules of the\ndepartment of transportation of the city of New York through the\ninstallation and operation of bus operation-related photo devices, in\naccordance with article twenty-four of this chapter; or making an\nappearance within thirty days of the sending of such notice. Pleas\nentered and allegations contested within that period shall be in the\nmanner prescribed in the notice and not subject to additional penalty or\nfee. Such notice of impending default judgment shall not be required\nprior to the rendering and entry thereof in the case of operators or\nowners who are non-residents of the state of New York. In no case shall\na default judgment be rendered or, where required, a notice of impending\ndefault judgment be sent, more than two years after the expiration of\nthe time prescribed for entering a plea or contesting an allegation.\nWhen a person has demanded a hearing, no fine or penalty shall be\nimposed for any reason, prior to the holding of the hearing. If the\nhearing examiner shall make a determination on the charges, sustaining\nthem, he or she shall impose no greater penalty or fine than those upon\nwhich the person was originally charged.\n * NB Effective May 3, 2024\n 3. A judgment entered pursuant to the provisions of this section shall\nremain in full force and effect for eight years notwithstanding any\nother provision of law.\n