N.Y. EDN Law § 6209 — New York Code / Act EDN / Title 7 / Article 125 / Section 6209
Investments in designated obligations; indemnification
Status: in_force

§ 6209. Investments in designated obligations; indemnification.  1.\nIt is hereby found and declared that obligations of the dormitory\nauthority of the state of New York are reasonable, prudent, proper and\nlegal investments in which all gifts, grants, bequests, devises, trusts,\nmoney, endowments, fees, and other income not derived from public\ntaxation or the public credit, received and administered or to be\nreceived and administered by the board of trustees or any of its\neducational units for college or university purposes in connection with\nthe units under the control of the board of trustees pursuant to\nsubdivision six of section sixty-two hundred six of this article may be\ninvested or may be pledged, hypothecated or delivered as collateral to\nsecure in whole or in part the payment of principal or interest of any\nobligation of the dormitory authority of the state of New York by the\nboard of trustees or any officer, employee or fiduciary thereof upon\nsuch terms and conditions as may be acceptable to the board of trustees.\nIt is hereby found and declared that obligations of the dormitory\nauthority of the state of New York are reasonable, prudent, proper and\nlegal investments in which funds presently in existence or hereafter\ncreated or established or other moneys administered by any alumni\ncorporation or college fund organized pursuant to the not-for-profit\ncorporation law or this chapter to encourage the educational mission or\nassist any educational unit of the city university may be invested or\nmay be pledged, hypothecated or delivered as collateral to secure in\nwhole or in part the payment of principal or interest of any obligation\nof the dormitory authority of the state of New York by such corporation\nor fund or any officer, trustee, director, employee or fiduciary thereof\nupon such terms and conditions as may be acceptable to such corporation,\nperson or persons. For the purpose of this section, such gifts, grants,\nbequests, devises, trusts, money, endowments, fees, funds, and other\nincome shall be referred to as endowment funds.\n  2. Notwithstanding any inconsistent provision of law, the board of\ntrustees or the directors or trustees of any such alumni corporation or\ncollege fund may in its or their discretion purchase and retain\nobligations or may pledge, hypothecate, or deliver as collateral\nendowment funds to secure in whole or in part the payment of principal\nor interest on obligations of the dormitory authority of the state of\nNew York without regard to the percentage of the assets of such\nendowment funds invested in such obligations or pledged, hypothecated,\nor delivered as collateral to secure in whole or in part the payment of\nprincipal or interest on such obligations, and without regard to the\npercentage of outstanding obligations of the issuer held or to be held\nby such funds or secured by pledge, hypothecation, or delivery as\ncollateral of such funds. The board of trustees or such alumni\ncorporation or college fund may consider, in addition to the appropriate\nfactors recognized by law, the extent to which such investments,\npledges, hypothecations, or deliveries as collateral, will maintain the\ncredit worthiness of the state of New York and the dormitory authority\nof the state of New York so as to enable the state and such corporation\nto finance the construction of capital facilities heretofore or\nhereafter duly authorized for the city university.\n  3. Notwithstanding any other provision of law, the state shall, with\nrespect to the board of trustees, save and hold harmless and indemnify\neach and every member, trustee, director, officer, employee or fiduciary\nwith responsibility for the custody of funds or the assets thereof or\nfor the approval of the sale, investment, pledge, hypothecation, or\ndelivery as collateral of the assets of such funds, and any investment\nadvisor, attorney or accountant who shall have been employed by or who\nhas advised such member, trustee, director, officer, employee, or\nfiduciary, from any or all financial loss arising out of or in\nconnection with any claim, demand, suit, action, proceeding or judgment\nfor alleged negligence, waste, or breach of fiduciary duty by reason of\nany investment of any funds in, or the pledge, hypothecation, or\ndelivery as collateral of any endowment funds to secure in whole or in\npart the payment of principal or interest of any obligation of the\ndormitory authority of the state of New York, or resulting from the sale\nof any assets of any funds to obtain sufficient revenues to make such\ninvestments, pledges, hypothecations, or deliveries as collateral,\nprovided that such member, trustee, director, officer, employee,\nfiduciary, investment advisor, attorney, or accountant within five days\nafter the date on which he or she is personally served with, or receives\nactual notice of, any summons, complaint, process, notice, demand, claim\nor pleading, shall give notice thereof to the attorney general. Upon\nsuch notice, the attorney general shall assume control of the\nrepresentation of such member, trustee, director, officer, employee,\nfiduciary, investment advisor, attorney or accountant in connection with\nsuch claim, demand, suit, action or proceeding. Each person so\nrepresented shall cooperate fully with the attorney general or any other\nperson designated to assume such defense in respect to such\nrepresentation or defense.\n
N.Y. VAT Law § 1174 — New York Code / Act VAT / Title 7 / Article 29 / Section 1174
Overtaking and passing school bus
Status: in_force

§ 1174. Overtaking and passing school bus. (a) The driver of a vehicle\nupon a public highway, street or private road upon meeting or overtaking\nfrom either direction any school bus marked and equipped as provided in\nsubdivision twenty of section three hundred seventy-five of this chapter\nwhich has stopped on the public highway, street or private road for the\npurpose of receiving or discharging any passengers, or which has stopped\nbecause a school bus in front of it has stopped to receive or discharge\nany passengers, shall stop the vehicle before reaching such school bus\nwhen there is in operation on said school bus a red visual signal as\nspecified in subdivision twenty of section three hundred seventy-five of\nthis chapter and said driver shall not proceed until such school bus\nresumes motion, or until signaled by the driver or a police officer to\nproceed. For the purposes of this section, and in addition to the\nprovisions of section one hundred thirty-four of this chapter, the term\n"public highway" shall mean any area used for the parking of motor\nvehicles or used as a driveway located on the grounds of a school or of\na board of cooperative educational services facility or any area used as\na means of access to and egress from such school or facility.\n  (b) The driver of such school bus, when receiving or discharging\npassengers who must cross a public highway, street or private road,\nshall instruct such passengers to cross in front of the bus and the\ndriver thereof shall keep such school bus halted with red signal lights\nflashing until such passengers have reached the opposite side of such\nhighway, street or private road. Whether such passengers are crossing\nsuch highway street or private road or discharging to the same side of\nsuch highway, street or private road, the driver of such bus shall keep\nsuch school bus halted with red signal lights flashing until such\npassengers are at least fifteen feet from the bus and either off the\nhighway, street or private road or on a sidewalk.\n  (c) Every person convicted of a violation of subdivision (a) of this\nsection shall: for a first conviction thereof, be punished by a fine of\nnot less than two hundred fifty dollars nor more than four hundred\ndollars or by imprisonment for not more than thirty days or by both such\nfine and imprisonment; for a conviction of a second violation, both of\nwhich were committed within a period of three years, such person shall\nbe punished by a fine of not less than six hundred dollars nor more than\nseven hundred fifty dollars or by imprisonment for not more than one\nhundred eighty days or by both such fine and imprisonment; upon a\nconviction of a third or subsequent violation, all of which were\ncommitted within a period of three years, such person shall be punished\nby a fine of not less than seven hundred fifty dollars nor more than one\nthousand five hundred dollars or by imprisonment for not more than one\nhundred eighty days or by both such fine and imprisonment.\n  (d) For the purposes of this section, the term "passengers" shall mean\nthose persons designated in paragraph (d) of subdivision twenty of\nsection three hundred seventy-five of this chapter.\n
N.Y. VAT Law § 1123 — New York Code / Act VAT / Title 7 / Article 25 / Section 1123
When overtaking on the right is permitted
Status: in_force

§ 1123. When overtaking on the right is permitted. (a) The driver of a\nvehicle may overtake and pass upon the right of another vehicle only\nunder the following conditions:\n  1. When the vehicle overtaken is making or about to make a left turn;\n  2. Upon a street or highway with unobstructed pavement not occupied by\nparked vehicles of sufficient width for two or more lines of moving\nvehicles in each direction;\n  3. Upon a one-way street, or upon any roadway on which traffic is\nrestricted to one direction of movement, where the roadway is free from\nobstructions and of sufficient width for two or more lines of moving\nvehicles.\n  (b) The driver of a vehicle may overtake and pass another vehicle upon\nthe right only under conditions permitting such movement in safety.\nSuch movement shall not be made by driving off the pavement or\nmain-traveled portion of the roadway, except as permitted by section\neleven hundred thirty-one of this article.\n
N.Y. VAT Law § 1151 — New York Code / Act VAT / Title 7 / Article 27 / Section 1151
Pedestrians' right of way in crosswalks
Status: in_force

§ 1151. Pedestrians' right of way in crosswalks.  (a) When\ntraffic-control signals are not in place or not in operation the driver\nof a vehicle shall yield the right of way, slowing down or stopping if\nneed be to so yield, to a pedestrian crossing the roadway within a\ncrosswalk on the roadway upon which the vehicle is traveling, except\nthat any pedestrian crossing a roadway at a point where a pedestrian\ntunnel or overpass has been provided shall yield the right of way to all\nvehicles.\n  (b) No pedestrian shall suddenly leave a curb or other place of safety\nand walk or run into the path of a vehicle which is so close that it is\nimpractical for the driver to yield.\n  (c) Whenever any vehicle is stopped at a marked crosswalk or at any\nunmarked crosswalk at an intersection to permit a pedestrian to cross\nthe roadway, the driver of any other vehicle approaching from the rear\nshall not overtake and pass such stopped vehicle.\n
N.Y. VAT Law § 1194 — New York Code / Act VAT / Title 7 / Article 31 / Section 1194
Arrest and testing
Status: in_force

§ 1194. Arrest and testing. 1. Arrest and field testing. (a) Arrest.\nNotwithstanding the provisions of section 140.10 of the criminal\nprocedure law, a police officer may, without a warrant, arrest a person,\nin case of a violation of subdivision one of section eleven hundred\nninety-two of this article, if such violation is coupled with an\naccident or collision in which such person is involved, which in fact\nhas been committed, though not in the police officer's presence, when\nthe officer has reasonable cause to believe that the violation was\ncommitted by such person.\n  (b) Field testing. Every person operating a motor vehicle which has\nbeen involved in an accident or which is operated in violation of any of\nthe provisions of this chapter shall, at the request of a police\nofficer, submit to a breath test to be administered by the police\nofficer. If such test indicates that such operator has consumed alcohol,\nthe police officer may request such operator to submit to a chemical\ntest in the manner set forth in subdivision two of this section.\n  2. Chemical tests. (a) When authorized. Any person who operates a\nmotor vehicle in this state shall be deemed to have given consent to a\nchemical test of one or more of the following: breath, blood, urine, or\nsaliva, for the purpose of determining the alcoholic and/or drug content\nof the blood provided that such test is administered by or at the\ndirection of a police officer with respect to a chemical test of breath,\nurine or saliva or, with respect to a chemical test of blood, at the\ndirection of a police officer:\n  (1) having reasonable grounds to believe such person to have been\noperating in violation of any subdivision of section eleven hundred\nninety-two of this article and within two hours after such person has\nbeen placed under arrest for any such violation; or having reasonable\ngrounds to believe such person to have been operating in violation of\nsection eleven hundred ninety-two-a of this article and within two hours\nafter the stop of such person for any such violation,\n  (2) within two hours after a breath test, as provided in paragraph (b)\nof subdivision one of this section, indicates that alcohol has been\nconsumed by such person and in accordance with the rules and regulations\nestablished by the police force of which the officer is a member;\n  (3) for the purposes of this paragraph, "reasonable grounds" to\nbelieve that a person has been operating a motor vehicle after having\nconsumed alcohol in violation of section eleven hundred ninety-two-a of\nthis article shall be determined by viewing the totality of\ncircumstances surrounding the incident which, when taken together,\nindicate that the operator was driving in violation of such subdivision.\nSuch circumstances may include any visible or behavioral indication of\nalcohol consumption by the operator, the existence of an open container\ncontaining or having contained an alcoholic beverage in or around the\nvehicle driven by the operator, or any other evidence surrounding the\ncircumstances of the incident which indicates that the operator has been\noperating a motor vehicle after having consumed alcohol at the time of\nthe incident; or\n  (4) notwithstanding any other provision of law to the contrary, no\nperson under the age of twenty-one shall be arrested for an alleged\nviolation of section eleven hundred ninety-two-a of this article.\nHowever, a person under the age of twenty-one for whom a chemical test\nis authorized pursuant to this paragraph may be temporarily detained by\nthe police solely for the purpose of requesting or administering such\nchemical test whenever arrest without a warrant for a petty offense\nwould be authorized in accordance with the provisions of section 140.10\nof the criminal procedure law or paragraph (a) of subdivision one of\nthis section.\n  (b) Report of refusal. (1) If: (A) such person having been placed\nunder arrest; or (B) after a breath test indicates the presence of\nalcohol in the person's system; or (C) with regard to a person under the\nage of twenty-one, there are reasonable grounds to believe that such\nperson has been operating a motor vehicle after having consumed alcohol\nin violation of section eleven hundred ninety-two-a of this article; and\nhaving thereafter been requested to submit to such chemical test and\nhaving been informed that the person's license or permit to drive and\nany non-resident operating privilege shall be immediately suspended and\nsubsequently revoked, or, for operators under the age of twenty-one for\nwhom there are reasonable grounds to believe that such operator has been\noperating a motor vehicle after having consumed alcohol in violation of\nsection eleven hundred ninety-two-a of this article, shall be revoked\nfor refusal to submit to such chemical test or any portion thereof,\nwhether or not the person is found guilty of the charge for which such\nperson is arrested or detained, refuses to submit to such chemical test\nor any portion thereof, unless a court order has been granted pursuant\nto subdivision three of this section, the test shall not be given and a\nwritten report of such refusal shall be immediately made by the police\nofficer before whom such refusal was made. Such report may be verified\nby having the report sworn to, or by affixing to such report a form\nnotice that false statements made therein are punishable as a class A\nmisdemeanor pursuant to section 210.45 of the penal law and such form\nnotice together with the subscription of the deponent shall constitute a\nverification of the report.\n  (2) The report of the police officer shall set forth reasonable\ngrounds to believe such arrested person or such detained person under\nthe age of twenty-one had been driving in violation of any subdivision\nof section eleven hundred ninety-two or eleven hundred ninety-two-a of\nthis article, that said person had refused to submit to such chemical\ntest, and that no chemical test was administered pursuant to the\nrequirements of subdivision three of this section. The report shall be\npresented to the court upon arraignment of an arrested person, provided,\nhowever, in the case of a person under the age of twenty-one, for whom a\ntest was authorized pursuant to the provisions of subparagraph two or\nthree of paragraph (a) of this subdivision, and who has not been placed\nunder arrest for a violation of any of the provisions of section eleven\nhundred ninety-two of this article, such report shall be forwarded to\nthe commissioner within forty-eight hours in a manner to be prescribed\nby the commissioner, and all subsequent proceedings with regard to\nrefusal to submit to such chemical test by such person shall be as set\nforth in subdivision three of section eleven hundred ninety-four-a of\nthis article.\n  (3) For persons placed under arrest for a violation of any subdivision\nof section eleven hundred ninety-two of this article, the license or\npermit to drive and any non-resident operating privilege shall, upon the\nbasis of such written report, be temporarily suspended by the court\nwithout notice pending the determination of a hearing as provided in\nparagraph (c) of this subdivision. Copies of such report must be\ntransmitted by the court to the commissioner and such transmittal may\nnot be waived even with the consent of all the parties. Such report\nshall be forwarded to the commissioner within forty-eight hours of such\narraignment.\n  (4) The court or the police officer, in the case of a person under the\nage of twenty-one alleged to be driving after having consumed alcohol,\nshall provide such person with a scheduled hearing date, a waiver form,\nand such other information as may be required by the commissioner. If a\nhearing, as provided for in paragraph (c) of this subdivision, or\nsubdivision three of section eleven hundred ninety-four-a of this\narticle, is waived by such person, the commissioner shall immediately\nrevoke the license, permit, or non-resident operating privilege, as of\nthe date of receipt of such waiver in accordance with the provisions of\nparagraph (d) of this subdivision.\n  (c) Hearings. Any person whose license or permit to drive or any\nnon-resident driving privilege has been suspended pursuant to paragraph\n(b) of this subdivision is entitled to a hearing in accordance with a\nhearing schedule to be promulgated by the commissioner. If the\ndepartment fails to provide for such hearing fifteen days after the date\nof the arraignment of the arrested person, the license, permit to drive\nor non-resident operating privilege of such person shall be reinstated\npending a hearing pursuant to this section. The hearing shall be limited\nto the following issues: (1) did the police officer have reasonable\ngrounds to believe that such person had been driving in violation of any\nsubdivision of section eleven hundred ninety-two of this article; (2)\ndid the police officer make a lawful arrest of such person; (3) was such\nperson given sufficient warning, in clear or unequivocal language, prior\nto such refusal that such refusal to submit to such chemical test or any\nportion thereof, would result in the immediate suspension and subsequent\nrevocation of such person's license or operating privilege whether or\nnot such person is found guilty of the charge for which the arrest was\nmade; and (4) did such person refuse to submit to such chemical test or\nany portion thereof. If, after such hearing, the hearing officer, acting\non behalf of the commissioner, finds on any one of said issues in the\nnegative, the hearing officer shall immediately terminate any suspension\narising from such refusal. If, after such hearing, the hearing officer,\nacting on behalf of the commissioner finds all of the issues in the\naffirmative, such officer shall immediately revoke the license or permit\nto drive or any non-resident operating privilege in accordance with the\nprovisions of paragraph (d) of this subdivision. A person who has had a\nlicense or permit to drive or non-resident operating privilege suspended\nor revoked pursuant to this subdivision may appeal the findings of the\nhearing officer in accordance with the provisions of article three-A of\nthis chapter. Any person may waive the right to a hearing under this\nsection. Failure by such person to appear for the scheduled hearing\nshall constitute a waiver of such hearing, provided, however, that such\nperson may petition the commissioner for a new hearing which shall be\nheld as soon as practicable.\n  (d) Sanctions. (1) Revocations. a. Any license which has been revoked\npursuant to paragraph (c) of this subdivision shall not be restored for\nat least one year after such revocation, nor thereafter, except in the\ndiscretion of the commissioner. However, no such license shall be\nrestored for at least eighteen months after such revocation, nor\nthereafter except in the discretion of the commissioner, in any case\nwhere the person has had a prior revocation resulting from refusal to\nsubmit to a chemical test, or has been convicted of or found to be in\nviolation of any subdivision of section eleven hundred ninety-two or\nsection eleven hundred ninety-two-a of this article not arising out of\nthe same incident, within the five years immediately preceding the date\nof such revocation; provided, however, a prior finding that a person\nunder the age of twenty-one has refused to submit to a chemical test\npursuant to subdivision three of section eleven hundred ninety-four-a of\nthis article shall have the same effect as a prior finding of a refusal\npursuant to this subdivision solely for the purpose of determining the\nlength of any license suspension or revocation required to be imposed\nunder any provision of this article, provided that the subsequent\noffense or refusal is committed or occurred prior to the expiration of\nthe retention period for such prior refusal as set forth in paragraph\n(k) of subdivision one of section two hundred one of this chapter.\n  b. Any license which has been revoked pursuant to paragraph (c) of\nthis subdivision or pursuant to subdivision three of section eleven\nhundred ninety-four-a of this article, where the holder was under the\nage of twenty-one years at the time of such refusal, shall not be\nrestored for at least one year, nor thereafter, except in the discretion\nof the commissioner. Where such person under the age of twenty-one years\nhas a prior finding, conviction or youthful offender adjudication\nresulting from a violation of section eleven hundred ninety-two or\nsection eleven hundred ninety-two-a of this article, not arising from\nthe same incident, such license shall not be restored for at least one\nyear or until such person reaches the age of twenty-one years, whichever\nis the greater period of time, nor thereafter, except in the discretion\nof the commissioner.\n  c. Any commercial driver's license which has been revoked pursuant to\nparagraph (c) of this subdivision based upon a finding of refusal to\nsubmit to a chemical test, where such finding occurs within or outside\nof this state, shall not be restored for at least eighteen months after\nsuch revocation, nor thereafter, except in the discretion of the\ncommissioner, but shall not be restored for at least three years after\nsuch revocation, nor thereafter, except in the discretion of the\ncommissioner, if the holder of such license was operating a commercial\nmotor vehicle transporting hazardous materials at the time of such\nrefusal. However, such person shall be permanently disqualified from\noperating a commercial motor vehicle in any case where the holder has a\nprior finding of refusal to submit to a chemical test pursuant to this\nsection or has a prior conviction of any of the following offenses: any\nviolation of section eleven hundred ninety-two of this article; any\nviolation of subdivision one or two of section six hundred of this\nchapter; or has a prior conviction of any felony involving the use of a\nmotor vehicle pursuant to paragraph (a) of subdivision one of section\nfive hundred ten-a of this chapter. Provided that the commissioner may\nwaive such permanent revocation after a period of ten years has expired\nfrom such revocation provided:\n  (i) that during such ten year period such person has not been found to\nhave refused a chemical test pursuant to this section and has not been\nconvicted of any one of the following offenses: any violation of section\neleven hundred ninety-two of this article; refusal to submit to a\nchemical test pursuant to this section; any violation of subdivision one\nor two of section six hundred of this chapter; or has a prior conviction\nof any felony involving the use of a motor vehicle pursuant to paragraph\n(a) of subdivision one of section five hundred ten-a of this chapter;\n  (ii) that such person provides acceptable documentation to the\ncommissioner that such person is not in need of alcohol or drug\ntreatment or has satisfactorily completed a prescribed course of such\ntreatment; and\n  (iii) after such documentation is accepted, that such person is\ngranted a certificate of relief from disabilities or a certificate of\ngood conduct pursuant to article twenty-three of the correction law by\nthe court in which such person was last penalized.\n  d. Upon a third finding of refusal and/or conviction of any of the\noffenses which require a permanent commercial driver's license\nrevocation, such permanent revocation may not be waived by the\ncommissioner under any circumstances.\n  (2) Civil penalties. Except as otherwise provided, any person whose\nlicense, permit to drive, or any non-resident operating privilege is\nrevoked pursuant to the provisions of this section shall also be liable\nfor a civil penalty in the amount of five hundred dollars except that if\nsuch revocation is a second or subsequent revocation pursuant to this\nsection issued within a five year period, or such person has been\nconvicted of a violation of any subdivision of section eleven hundred\nninety-two of this article within the past five years not arising out of\nthe same incident, the civil penalty shall be in the amount of seven\nhundred fifty dollars. Any person whose license is revoked pursuant to\nthe provisions of this section based upon a finding of refusal to submit\nto a chemical test while operating a commercial motor vehicle shall also\nbe liable for a civil penalty of five hundred fifty dollars except that\nif such person has previously been found to have refused a chemical test\npursuant to this section while operating a commercial motor vehicle or\nhas a prior conviction of any of the following offenses while operating\na commercial motor vehicle: any violation of section eleven hundred\nninety-two of this article; any violation of subdivision two of section\nsix hundred of this chapter; or has a prior conviction of any felony\ninvolving the use of a commercial motor vehicle pursuant to paragraph\n(a) of subdivision one of section five hundred ten-a of this chapter,\nthen the civil penalty shall be seven hundred fifty dollars. No new\ndriver's license or permit shall be issued, or non-resident operating\nprivilege restored to such person unless such penalty has been paid. All\npenalties collected by the department pursuant to the provisions of this\nsection shall be the property of the state and shall be paid into the\ngeneral fund of the state treasury.\n  (3) Effect of rehabilitation program. No period of revocation arising\nout of this section may be set aside by the commissioner for the reason\nthat such person was a participant in the alcohol and drug\nrehabilitation program set forth in section eleven hundred ninety-six of\nthis article.\n  (e) Regulations. The commissioner shall promulgate such rules and\nregulations as may be necessary to effectuate the provisions of\nsubdivisions one and two of this section.\n  (f) Evidence. Evidence of a refusal to submit to such chemical test or\nany portion thereof shall be admissible in any trial, proceeding or\nhearing based upon a violation of the provisions of section eleven\nhundred ninety-two of this article but only upon a showing that the\nperson was given sufficient warning, in clear and unequivocal language,\nof the effect of such refusal and that the person persisted in the\nrefusal.\n  (g) Results. Upon the request of the person who was tested, the\nresults of such test shall be made available to such person.\n  3. Compulsory chemical tests. (a) Court ordered chemical tests.\nNotwithstanding the provisions of subdivision two of this section, no\nperson who operates a motor vehicle in this state may refuse to submit\nto a chemical test of one or more of the following: breath, blood, urine\nor saliva, for the purpose of determining the alcoholic and/or drug\ncontent of the blood when a court order for such chemical test has been\nissued in accordance with the provisions of this subdivision.\n  (b) When authorized. Upon refusal by any person to submit to a\nchemical test or any portion thereof as described above, the test shall\nnot be given unless a police officer or a district attorney, as defined\nin subdivision thirty-two of section 1.20 of the criminal procedure law,\nrequests and obtains a court order to compel a person to submit to a\nchemical test to determine the alcoholic or drug content of the person's\nblood upon a finding of reasonable cause to believe that:\n  (1) such person was the operator of a motor vehicle and in the course\nof such operation a person other than the operator was killed or\nsuffered serious physical injury as defined in section 10.00 of the\npenal law; and\n  (2) a. either such person operated the vehicle in violation of any\nsubdivision of section eleven hundred ninety-two of this article, or\n  b. a breath test administered by a police officer in accordance with\nparagraph (b) of subdivision one of this section indicates that alcohol\nhas been consumed by such person; and\n  (3) such person has been placed under lawful arrest; and\n  (4) such person has refused to submit to a chemical test or any\nportion thereof, requested in accordance with the provisions of\nparagraph (a) of subdivision two of this section or is unable to give\nconsent to such a test.\n  (c) Reasonable cause; definition. For the purpose of this subdivision\n"reasonable cause" shall be determined by viewing the totality of\ncircumstances surrounding the incident which, when taken together,\nindicate that the operator was driving in violation of section eleven\nhundred ninety-two of this article. Such circumstances may include, but\nare not limited to: evidence that the operator was operating a motor\nvehicle in violation of any provision of this article or any other\nmoving violation at the time of the incident; any visible indication of\nalcohol or drug consumption or impairment by the operator; the existence\nof an open container containing an alcoholic beverage in or around the\nvehicle driven by the operator; any other evidence surrounding the\ncircumstances of the incident which indicates that the operator has been\noperating a motor vehicle while impaired by the consumption of alcohol\nor drugs or intoxicated at the time of the incident.\n  (d) Court order; procedure. (1) An application for a court order to\ncompel submission to a chemical test or any portion thereof, may be made\nto any supreme court justice, county court judge or district court judge\nin the judicial district in which the incident occurred, or if the\nincident occurred in the city of New York before any supreme court\njustice or judge of the criminal court of the city of New York. Such\napplication may be communicated by telephone, radio or other means of\nelectronic communication, or in person.\n  (2) The applicant must provide identification by name and title and\nmust state the purpose of the communication. Upon being advised that an\napplication for a court order to compel submission to a chemical test is\nbeing made, the court shall place under oath the applicant and any other\nperson providing information in support of the application as provided\nin subparagraph three of this paragraph. After being sworn the applicant\nmust state that the person from whom the chemical test was requested was\nthe operator of a motor vehicle and in the course of such operation a\nperson, other than the operator, has been killed or seriously injured\nand, based upon the totality of circumstances, there is reasonable cause\nto believe that such person was operating a motor vehicle in violation\nof any subdivision of section eleven hundred ninety-two of this article\nand, after being placed under lawful arrest such person refused to\nsubmit to a chemical test or any portion thereof, in accordance with the\nprovisions of this section or is unable to give consent to such a test\nor any portion thereof. The applicant must make specific allegations of\nfact to support such statement. Any other person properly identified,\nmay present sworn allegations of fact in support of the applicant's\nstatement.\n  (3) Upon being advised that an oral application for a court order to\ncompel a person to submit to a chemical test is being made, a judge or\njustice shall place under oath the applicant and any other person\nproviding information in support of the application. Such oath or oaths\nand all of the remaining communication must be recorded, either by means\nof a voice recording device or verbatim stenographic or verbatim\nlonghand notes. If a voice recording device is used or a stenographic\nrecord made, the judge must have the record transcribed, certify to the\naccuracy of the transcription and file the original record and\ntranscription with the court within seventy-two hours of the issuance of\nthe court order. If the longhand notes are taken, the judge shall\nsubscribe a copy and file it with the court within twenty-four hours of\nthe issuance of the order.\n  (4) If the court is satisfied that the requirements for the issuance\nof a court order pursuant to the provisions of paragraph (b) of this\nsubdivision have been met, it may grant the application and issue an\norder requiring the accused to submit to a chemical test to determine\nthe alcoholic and/or drug content of his blood and ordering the\nwithdrawal of a blood sample in accordance with the provisions of\nparagraph (a) of subdivision four of this section. When a judge or\njustice determines to issue an order to compel submission to a chemical\ntest based on an oral application, the applicant therefor shall prepare\nthe order in accordance with the instructions of the judge or justice.\nIn all cases the order shall include the name of the issuing judge or\njustice, the name of the applicant, and the date and time it was issued.\nIt must be signed by the judge or justice if issued in person, or by the\napplicant if issued orally.\n  (5) Any false statement by an applicant or any other person in support\nof an application for a court order shall subject such person to the\noffenses for perjury set forth in article two hundred ten of the penal\nlaw.\n  (6) The chief administrator of the courts shall establish a schedule\nto provide that a sufficient number of judges or justices will be\navailable in each judicial district to hear oral applications for court\norders as permitted by this section.\n  (e) Administration of compulsory chemical test. An order issued\npursuant to the provisions of this subdivision shall require that a\nchemical test to determine the alcoholic and/or drug content of the\noperator's blood must be administered. The provisions of paragraphs (a),\n(b) and (c) of subdivision four of this section shall be applicable to\nany chemical test administered pursuant to this section.\n  4. Testing procedures. (a) Persons authorized to withdraw blood;\nimmunity; testimony. (1) At the request of a police officer, the\nfollowing persons may withdraw blood for the purpose of determining the\nalcoholic or drug content therein: (i) a physician, a registered\nprofessional nurse, a registered physician assistant, a certified nurse\npractitioner, or an advanced emergency medical technician as certified\nby the department of health; or (ii) under the supervision and at the\ndirection of a physician, registered physician assistant or certified\nnurse practitioner acting within his or her lawful scope of practice, or\nupon the express consent of the person eighteen years of age or older\nfrom whom such blood is to be withdrawn: a clinical laboratory\ntechnician or clinical laboratory technologist licensed pursuant to\narticle one hundred sixty-five of the education law; a phlebotomist; or\na medical laboratory technician or medical technologist employed by a\nclinical laboratory approved under title five of article five of the\npublic health law. This limitation shall not apply to the taking of a\nurine, saliva or breath specimen.\n  (2) No person entitled to withdraw blood pursuant to subparagraph one\nof this paragraph or hospital employing such person, and no other\nemployer of such person shall be sued or held liable for any act done or\nomitted in the course of withdrawing blood at the request of a police\nofficer pursuant to this section.\n  (3) Any person who may have a cause of action arising from the\nwithdrawal of blood as aforesaid, for which no personal liability exists\nunder subparagraph two of this paragraph, may maintain such action\nagainst the state if any person entitled to withdraw blood pursuant to\nparagraph (a) hereof acted at the request of a police officer employed\nby the state, or against the appropriate political subdivision of the\nstate if such person acted at the request of a police officer employed\nby a political subdivision of the state. No action shall be maintained\npursuant to this subparagraph unless notice of claim is duly filed or\nserved in compliance with law.\n  (4) Notwithstanding the foregoing provisions of this paragraph an\naction may be maintained by the state or a political subdivision thereof\nagainst a person entitled to withdraw blood pursuant to subparagraph one\nof this paragraph or hospital employing such person for whose act or\nomission the state or the political subdivision has been held liable\nunder this paragraph to recover damages, not exceeding the amount\nawarded to the claimant, that may have been sustained by the state or\nthe political subdivision by reason of gross negligence or bad faith on\nthe part of such person.\n  (5) The testimony of any person other than a physician, entitled to\nwithdraw blood pursuant to subparagraph one of this paragraph, in\nrespect to any such withdrawal of blood made by such person may be\nreceived in evidence with the same weight, force and effect as if such\nwithdrawal of blood were made by a physician.\n  (6) The provisions of subparagraphs two, three and four of this\nparagraph shall also apply with regard to any person employed by a\nhospital as security personnel for any act done or omitted in the course\nof withdrawing blood at the request of a police officer pursuant to a\ncourt order in accordance with subdivision three of this section.\n  (b) Right to additional test. The person tested shall be permitted to\nchoose a physician to administer a chemical test in addition to the one\nadministered at the direction of the police officer.\n  (c) Rules and regulations. The department of health shall issue and\nfile rules and regulations approving satisfactory techniques or methods\nof conducting chemical analyses of a person's blood, urine, breath or\nsaliva and to ascertain the qualifications and competence of individuals\nto conduct and supervise chemical analyses of a person's blood, urine,\nbreath or saliva. If the analyses were made by an individual possessing\na permit issued by the department of health, this shall be presumptive\nevidence that the examination was properly given. The provisions of this\nparagraph do not prohibit the introduction as evidence of an analysis\nmade by an individual other than a person possessing a permit issued by\nthe department of health.\n
N.Y. PBA Law § 1168 — New York Code / Act PBA / Article 5 / Title 7 / Section 1168
Remedies of bondholders
Status: in_force

§ 1168. Remedies of bondholders. 1. In the event that the authority\nshall default in the payment of principal of or interest on any issue of\nthe bonds after the same shall become due, whether at maturity or upon\ncall for redemption, and such default shall continue for a period of\nthirty days, or in the event that the authority shall fail or refuse to\ncomply with the provisions of this title, or shall default in any\nagreement made with the holders of any issue of the bonds, the holders\nof twenty-five per centum in aggregate principal amount of the bonds of\nsuch issue then outstanding, by instrument or instruments filed in the\noffice of the clerk of the county of Onondaga and proved or acknowledged\nin the same manner as a deed to be recorded, may appoint a trustee to\nrepresent the holders of such bonds for the purposes herein provided.\n  2. Such trustee may, and upon written request of the holders of\ntwenty-five per centum in principal amount of such bonds then\noutstanding shall, in his or its own name\n  (a) by suit, action or special proceeding enforce all rights of the\nbondholders, including the rights to require the authority to collect\nrevenues, rates, rentals, fees and other charges adequate to carry out\nany agreement as to, or pledge of such revenues, rates, rentals, fees\nand other charges and to require the authority to carry out any other\nagreements with the holders of such bonds and to perform its duties\nunder this title;\n  (b) bring suit upon such bonds;\n  (c) by action or suit in equity, require the authority to account as\nif it were the trustee of an express trust for the holders of such\nbonds;\n  (d) by action or suit in equity, enjoin any acts or things which may\nbe unlawful or in violation of the rights of the holders of such bonds;\n  (e) declare all such bonds due and payable, and if all defaults shall\nbe made good then with the consent of the holders of twenty-five per\ncentum of the principal amount of such bonds then outstanding, to annul\nsuch declaration and its consequences.\n  3. The supreme court shall have jurisdiction of any suit, action or\nproceeding by the trustee on behalf of bondholders.\n  4. Before declaring the principal of all such bonds due and payable\nthe trustee shall first give thirty days' notice in writing to the\nauthority.\n  5. Any such trustee whether or not the issue of bonds represented by\nsuch trustee has been declared due and payable, shall be entitled as of\nright to the appointment of a receiver of any part or parts of the\nproperties the revenues of which are pledged for the security of the\nbonds of such issue and such receiver may enter and take possession of\nsuch part or parts of the properties and subject to any pledge or\nagreement with bonders shall take possession of all moneys and other\nproperty derived from such part or parts of the properties and proceed\nwith any construction thereon or the acquisition of any property, real\nor personal in connection therewith which the authority is under\nobligation to do, and to operate, maintain and reconstruct such part or\nparts of the properties and collect and receive all revenues thereafter\narising therefrom subject to any pledge thereof or agreement with\nbondholders relating thereto and perform the public duties and carry out\nthe agreements and obligations of the authority under the direction of\nthe court. In any suit, action or proceeding by the trustee the fees,\ncounsel fees and expenses of the trustee and of the receiver, if any,\nshall constitute taxable disbursements and all costs and disbursements\nallowed by the court shall be a first charge on any revenues derived\nfrom the properties.\n  6. Such trustees shall in addition to the foregoing have and possess\nall of the powers necessary or appropriate for the exercise of any\nfunctions specifically set forth herein or incident to the general\nrepresentation of bondholders in the enforcement and protection of their\nrights.\n
N.Y. ENV Law § 51-0705 — New York Code / Act ENV / Article 51 / Title 7 / Section 51-0705
Approval and execution of state projects
Status: in_force

§ 51-0705. Approval and execution of state projects.\n  1. State forest preserve, stream rights acquisition, wetlands\npreservation or restoration, unique area preservation, and public access\nto state lands projects shall be undertaken pursuant to this title only\nwith the approval of the commissioner.\n  2. Such projects as have been approved by the commissioner shall be\nexecuted by the department in the manner provided for by applicable law.\n
N.Y. PBA Law § 666 — New York Code / Act PBA / Article 3 / Title 7 / Section 666
Remedies of bondholders
Status: in_force

§ 666. Remedies of bondholders. 1. In the event that the authority\nshall default in the payment of principal of or interest on any issue of\nthe bonds after the same shall become due, whether at maturity or upon\ncall for redemption, and such default shall continue for a period of\nthirty days, or in the event that the authority shall fail or refuse to\ncomply with the provisions of this title, or shall default in any\nagreement made with the holders of any issue of the bonds, the holders\nof twenty-five per centum in aggregate principal amount of the bonds of\nsuch issue then outstanding, by instrument or instruments filed in the\noffice of the clerk of the county of Nassau and proved or acknowledged\nin the same manner as a deed to be recorded, may appoint a trustee to\nrepresent the holders of such bonds for the purposes herein provided.\n  2. Such trustee may, and upon written request of the holders of\ntwenty-five per centum in principal amount of such bonds then\noutstanding shall, in his or its own name\n  (a) by suit, action or special proceeding enforce all rights of the\nbondholders, including the right to require the authority to collect\ntolls and revenues adequate to carry out any agreement as to, or pledge\nof, such tolls and revenues, and to require the authority to carry out\nany other agreements with the holders of such bonds and to perform its\nduties under this title;\n  (b) bring suit upon such bonds;\n  (c) by action or suit in equity, require the authority to account as\nif it were the trustee of an express trust for the holders of such\nbonds;\n  (d) by action or suit in equity, enjoin any acts or things which may\nbe unlawful or in violation of the rights of the holders of such bonds;\n  (e) declare all such bonds due and payable, and if all defaults shall\nbe made good then with the consent of the holders of twenty-five per\ncentum of the principal amount of such bonds then outstanding, to annul\nsuch declaration and its consequences.\n  3. The supreme court shall have jurisdiction of any suit, action or\nproceeding by the trustee on behalf of bondholders. The venue of any\nsuch suit, action or proceeding shall be laid in the county of Nassau.\n  4. Before declaring the principal of all such bonds due and payable,\nthe trustee shall first give thirty days' notice in writing to the\nauthority.\n  5. Any such trustee, whether or not the issue of bonds represented by\nsuch trustee has been declared due and payable, shall be entitled as of\nright to the appointment of a receiver of any part or parts of the\nproject the tolls or other revenues of which are pledged for the\nsecurity of the bonds of such issue, and such receiver may enter and\ntake possession of such part or parts of the project and, subject to any\npledge or agreement with bondholders, shall take possession of all\nmoneys and other property derived from or applicable to the acquisition,\nconstruction, operation, maintenance and reconstruction of such part or\nparts of the project and proceed with the acquisition of Atlantic Beach\nbridge or of any real property necessary or convenient in connection\nwith Atlantic Beach bridge or any new bridge that the authority has\ncovenanted to construct, and with any construction which the authority\nis under obligation to do and to operate, maintain and reconstruct such\npart or parts of the project and collect and receive all tolls and other\nrevenues thereafter arising therefrom subject to any pledge thereof or\nagreement with bondholders relating thereto and perform the public\nduties and carry out the agreements and obligations of the authority\nunder the direction of the court. In any suit, action or proceeding by\nthe trustee, the fees, counsel fees and expenses of the trustee and of\nthe receiver, if any, shall constitute taxable disbursements and all\ncosts and disbursements allowed by the court shall be a first charge on\nany tolls, rentals and other revenues derived from such project.\n  6. Such trustee shall, in addition to the foregoing, have and possess\nall of the powers necessary or appropriate for the exercise of any\nfunctions specifically set forth herein or incident to the general\nrepresentation of bondholders in the enforcement and protection of their\nrights.\n
N.Y. VAT Law § 1111-A — New York Code / Act VAT / Title 7 / Article 24 / Section 1111-A
Owner liability for failure of operator to comply with traffic-control indications
Status: in_force

* § 1111-a. Owner liability for failure of operator to comply with\ntraffic-control indications. (a) 1. Notwithstanding any other provision\nof law, each city with a population of one million or more is hereby\nauthorized and empowered to adopt and amend a local law or ordinance\nestablishing a demonstration program imposing monetary liability on the\nowner of a vehicle for failure of an operator thereof to comply with\ntraffic-control indications in such city in accordance with the\nprovisions of this section. Such demonstration program shall empower a\ncity to install and operate traffic-control signal photo\nviolation-monitoring devices at no more than six hundred intersections\nwithin such city at any one time.\n  2. Such demonstration program shall utilize necessary technologies to\nensure, to the extent practicable, that photographs produced by such\ntraffic-control signal photo violation-monitoring systems shall not\ninclude images that identify the driver, the passengers, or the contents\nof the vehicle. Provided, however, that no notice of liability issued\npursuant to this section shall be dismissed solely because a photograph\nor photographs allow for the identification of the contents of a\nvehicle, provided that such city has made a reasonable effort to comply\nwith the provisions of this paragraph.\n  (b) In any city which has adopted a local law or ordinance pursuant to\nsubdivision (a) of this section, the owner of a vehicle shall be liable\nfor a penalty imposed pursuant to this section if such vehicle was used\nor operated with the permission of the owner, express or implied, in\nviolation of subdivision (d) of section eleven hundred eleven of this\narticle, and such violation is evidenced by information obtained from a\ntraffic-control signal photo violation-monitoring system; provided\nhowever that no owner of a vehicle shall be liable for a penalty imposed\npursuant to this section where the operator of such vehicle has been\nconvicted of the underlying violation of subdivision (d) of section\neleven hundred eleven of this article.\n  (c) For purposes of this section, "owner" shall have the meaning\nprovided in article two-B of this chapter. For purposes of this section,\n"traffic-control signal photo violation-monitoring system" shall mean a\nvehicle sensor installed to work in conjunction with a traffic-control\nsignal which automatically produces two or more photographs, two or more\nmicrophotographs, a videotape or other recorded images of each vehicle\nat the time it is used or operated in violation of subdivision (d) of\nsection eleven hundred eleven of this article.\n  (d) A certificate, sworn to or affirmed by a technician employed by\nthe city in which the charged violation occurred, or a facsimile\nthereof, based upon inspection of photographs, microphotographs,\nvideotape or other recorded images produced by a traffic-control signal\nphoto violation-monitoring system, shall be prima facie evidence of the\nfacts contained therein. Any photographs, microphotographs, videotape or\nother recorded images evidencing such a violation shall be available for\ninspection in any proceeding to adjudicate the liability for such\nviolation pursuant to a local law or ordinance adopted pursuant to this\nsection.\n  (e) An owner liable for a violation of subdivision (d) of section\neleven hundred eleven of this article pursuant to a local law or\nordinance adopted pursuant to this section shall be liable for monetary\npenalties in accordance with a schedule of fines and penalties to be set\nforth in such local law or ordinance, except that in a city which, by\nlocal law, has authorized the adjudication of such owner liability by a\nparking violations bureau, such schedule shall be promulgated by such\nbureau.  The liability of the owner pursuant to this section shall not\nexceed fifty dollars for each violation; provided, however, that such\nlocal law or ordinance may provide for an additional penalty not in\nexcess of twenty-five dollars for each violation for the failure to\nrespond to a notice of liability within the prescribed time period.\n  (f) An imposition of liability under a local law or ordinance adopted\npursuant to this section shall not be deemed a conviction as an operator\nand shall not be made part of the operating record of the person upon\nwhom such liability is imposed nor shall it be used for insurance\npurposes in the provision of motor vehicle insurance coverage.\n  (g) 1. A notice of liability shall be sent by first class mail to each\nperson alleged to be liable as an owner for a violation of subdivision\n(d) of section eleven hundred eleven of this article pursuant to this\nsection. Personal delivery on the owner shall not be required. A manual\nor automatic record of mailing prepared in the ordinary course of\nbusiness shall be prima facie evidence of the facts contained therein.\n  2. A notice of liability shall contain the name and address of the\nperson alleged to be liable as an owner for a violation of subdivision\n(d) of section eleven hundred eleven of this article pursuant to this\nsection, the registration number of the vehicle involved in such\nviolation, the location where such violation took place, the date and\ntime of such violation and the identification number of the camera which\nrecorded the violation or other document locator number.\n  3. The notice of liability shall contain information advising the\nperson charged of the manner and the time in which he may contest the\nliability alleged in the notice. Such notice of liability shall also\ncontain a warning to advise the persons charged that failure to contest\nin the manner and time provided shall be deemed an admission of\nliability and that a default judgment may be entered thereon.\n  4. The notice of liability shall be prepared and mailed by the city\nhaving jurisdiction over the intersection where the violation occurred,\nor by any other entity authorized by the city to prepare and mail such\nnotification of violation.\n  (h) Adjudication of the liability imposed upon owners by this section\nshall be by a traffic violations bureau established pursuant to section\nthree hundred seventy of the general municipal law or, if there be none,\nby the court having jurisdiction over traffic infractions, except that\nany city which has established an administrative tribunal to hear and\ndetermine complaints of traffic infractions constituting parking,\nstanding or stopping violations may, by local law, authorize such\nadjudication by such tribunal.\n  (i) If an owner receives a notice of liability pursuant to this\nsection for any time period during which the vehicle was reported to the\npolice department as having been stolen, it shall be a valid defense to\nan allegation of liability for a violation of subdivision (d) of section\neleven hundred eleven of this article pursuant to this section that the\nvehicle had been reported to the police as stolen prior to the time the\nviolation occurred and had not been recovered by such time. For purposes\nof asserting the defense provided by this subdivision it shall be\nsufficient that a certified copy of the police report on the stolen\nvehicle be sent by first class mail to the traffic violations bureau,\ncourt having jurisdiction or parking violations bureau.\n  (j) 1. In a city where the adjudication of liability imposed upon\nowners pursuant to this section is by a traffic violations bureau or a\ncourt having jurisdiction, an owner who is a lessor of a vehicle to\nwhich a notice of liability was issued pursuant to subdivision (g) of\nthis section shall not be liable for the violation of subdivision (d) of\nsection eleven hundred eleven of this article, provided that he or she\nsends to the traffic violations bureau or court having jurisdiction a\ncopy of the rental, lease or other such contract document covering such\nvehicle on the date of the violation, with the name and address of the\nlessee clearly legible, within thirty-seven days after receiving notice\nfrom the bureau or court of the date and time of such violation,\ntogether with the other information contained in the original notice of\nliability. Failure to send such information within such thirty-seven day\ntime period shall render the owner liable for the penalty prescribed by\nthis section. Where the lessor complies with the provisions of this\nparagraph, the lessee of such vehicle on the date of such violation\nshall be deemed to be the owner of such vehicle for purposes of this\nsection, shall be subject to liability for the violation of subdivision\n(d) of section eleven hundred eleven of this article pursuant to this\nsection and shall be sent a notice of liability pursuant to subdivision\n(g) of this section.\n  2. (i) In a city which, by local law, has authorized the adjudication\nof liability imposed upon owners by this section by a parking violations\nbureau, an owner who is a lessor of a vehicle to which a notice of\nliability was issued pursuant to subdivision (g) of this section shall\nnot be liable for the violation of subdivision (d) of section eleven\nhundred eleven of this article, provided that:\n  (A) prior to the violation, the lessor has filed with the bureau in\naccordance with the provisions of section two hundred thirty-nine of\nthis chapter; and\n  (B) within thirty-seven days after receiving notice from the bureau of\nthe date and time of a liability, together with the other information\ncontained in the original notice of liability, the lessor submits to the\nbureau the correct name and address of the lessee of the vehicle\nidentified in the notice of liability at the time of such violation,\ntogether with such other additional information contained in the rental,\nlease or other contract document, as may be reasonably required by the\nbureau pursuant to regulations that may be promulgated for such purpose.\n  (ii) Failure to comply with clause (B) of subparagraph (i) of this\nparagraph shall render the owner liable for the penalty prescribed in\nthis section.\n  (iii) Where the lessor complies with the provisions of this paragraph,\nthe lessee of such vehicle on the date of such violation shall be deemed\nto be the owner of such vehicle for purposes of this section, shall be\nsubject to liability for such violation pursuant to this section and\nshall be sent a notice of liability pursuant to subdivision (g) of this\nsection.\n  (k) 1. If the owner liable for a violation of subdivision (d) of\nsection eleven hundred eleven of this article pursuant to this section\nwas not the operator of the vehicle at the time of the violation, the\nowner may maintain an action for indemnification against the operator.\n  2. Notwithstanding any other provision of this section, no owner of a\nvehicle shall be subject to a monetary fine imposed pursuant to this\nsection if the operator of such vehicle was operating such vehicle\nwithout the consent of the owner at the time such operator failed to\nobey a traffic-control indication. For purposes of this subdivision\nthere shall be a presumption that the operator of such vehicle was\noperating such vehicle with the consent of the owner at the time such\noperator failed to obey a traffic-control indication.\n  (l) Nothing in this section shall be construed to limit the liability\nof an operator of a vehicle for any violation of subdivision (d) of\nsection eleven hundred eleven of this article.\n  (m) Any city that adopts a demonstration program pursuant to\nsubdivision (a) of this section shall submit an annual report detailing\nthe results of the use of such traffic-control signal photo\nviolation-monitoring system to the governor, the temporary president of\nthe senate and the speaker of the assembly on or before June first, two\nthousand seven and on the same date in each succeeding year in which the\ndemonstration program is operable. Such report shall include, but not be\nlimited to:\n  1. a description of the locations where traffic-control signal photo\nviolation-monitoring systems were used;\n  2. within each borough of such city, the aggregate number, type and\nseverity of accidents reported at intersections where a traffic-control\nsignal photo violation-monitoring system is used for the three years\npreceding the installation of such system, to the extent the information\nis maintained by the department of motor vehicles of this state;\n  3. within each borough of such city, the aggregate number, type and\nseverity of accidents reported at intersections where a traffic-control\nsignal photo violation-monitoring system is used for the reporting year,\nas well as for the preceding three years that the traffic-control signal\nphoto violation-monitoring system has been operational, to the extent\nthe information is maintained by the department of motor vehicles of\nthis state;\n  4. the number of events and number of violations recorded at each\nintersection where a traffic-control signal photo violation-monitoring\nsystem is used and in the aggregate on a daily, weekly and monthly\nbasis;\n  5. the number of notices of liability issued for violations recorded\nby such system at each intersection where a traffic-control signal photo\nviolation-monitoring system is used;\n  6. the number of fines imposed and total amount of fines paid after\nfirst notice of liability issued for violations recorded by such\nsystems;\n  7. the number and percentage of violations adjudicated and results of\nsuch adjudications including breakdowns of dispositions made for\nviolations recorded by such systems;\n  8. the total amount of revenue realized by such city from such\nadjudications including a breakdown of revenue realized by such city for\neach year since deployment of its traffic-control signal photo\nviolation-monitoring system since 2014;\n  9. expenses incurred by such city in connection with the program; and\n  10. quality of the adjudication process and its results.\n  (n) It shall be a defense to any prosecution for a violation of\nsubdivision (d) of section eleven hundred eleven of this article\npursuant to a local law or ordinance adopted pursuant to this section\nthat such traffic-control indications were malfunctioning at the time of\nthe alleged violation.\n  * NB Repealed December 1, 2027\n
N.Y. EDN Law § 6250 — New York Code / Act EDN / Title 7 / Article 125-A / Section 6250
Definitions
Status: in_force

§ 6250.  Definitions. Wherever used in this article:\n  1. The term "city university" means the city university of New York\nunder the jurisdiction of the board of higher education of the city of\nNew York.\n  2. The term "board" means the board of higher education of the city of\nNew York.\n  3. The term "eligible employees" means members of the instructional\nstaffs of the colleges administered by the board of higher education in\nthe city of New York pursuant to the provisions of article one hundred\ntwenty-five of the education law, who are employed in the following\ntitles: president, dean, director, professor, associate professor,\nassistant professor, instructor, tutor, fellow, lecturer, librarian,\nassociate librarian, assistant librarian, library assistant, registrar,\nassistant registrar, registrar's assistant, principal, first assistant,\nsupervisor, assistant teacher, critic teacher, teacher, college science\nassistant, college science technician, college engineering technician,\nand any other members of the instructional staffs of such colleges as\ndefined in section sixty-two hundred six, subdivision 1b of the\neducation law, and such other titles as the board in its discretion may\nadd thereto, by reason of their close relationship to the educational\npurposes required to carry on the functions of the city university. No\nperson receiving a benefit by reason of his retirement from any\nretirement or pension system of New York state or any political\nsubdivision thereof shall be eligible to elect the optional retirement\nprogram.\n  4. The term "optional retirement program" means the retirement program\nestablished pursuant to this article.\n  5. The term "electing employee" shall mean any eligible employee who\nexercises his election pursuant to this article to come under the\noptional retirement program.\n  6. The term "salary" means all amounts paid by or for the city of New\nYork as compensation for services rendered by an eligible employee.\n  7. The term "insurer" shall mean a life insurance corporation, or\nother corporation subject to supervision by the department of financial\nservices of the state of New York.\n  8. The term "city" shall mean the city of New York.\n  9. The term "comptroller" shall mean the comptroller of the city of\nNew York.\n
N.Y. VAT Law § 1287 — New York Code / Act VAT / Title 7 / Article 34-D / Section 1287
Leaving the scene of an incident involving an electric scooter without reporting in the second degree
Status: in_force

§ 1287. Leaving the scene of an incident involving an electric scooter\nwithout reporting in the second degree. 1. Any person age eighteen years\nor older operating an electric scooter who, knowing or having cause to\nknow, that physical injury, as defined in subdivision nine of section\n10.00 of the penal law, has been caused to another person, due to the\noperation of such electric scooter by such person, shall, before leaving\nthe place where such physical injury occurred, stop, and provide his or\nher name and residence, including street and street number, to the\ninjured party, if practical, and also to a police officer, or in the\nevent that no police officer is in the vicinity of the place of said\ninjury, then such person shall report such incident as soon as\nphysically able to the nearest police station or judicial officer.\n  2. Leaving the scene of an incident involving an electric scooter\nwithout reporting in the second degree is a violation.\n
N.Y. VAT Law § 1212 — New York Code / Act VAT / Title 7 / Article 33 / Section 1212
Reckless driving
Status: in_force

§ 1212. Reckless driving. (a) Reckless driving shall mean driving or\nusing any motor vehicle, motorcycle or any other vehicle propelled by\nany power other than muscular power or any appliance or accessory\nthereof in a manner which unreasonably interferes with the free and\nproper use of the public highway or any parking lot, or unreasonably\nendangers users of the public highway or any parking lot. Reckless\ndriving is prohibited. Every person violating this provision shall be\nguilty of a misdemeanor.\n  (b) As used in this section, "parking lot" shall mean any area or\nareas of private property, including a driveway, near or contiguous to\nand provided in connection with premises and used as a means of access\nto and egress from a public highway to such premises and having a\ncapacity for the parking of four or more motor vehicles. The provisions\nof this section shall not apply to any area or areas of private property\ncomprising all or part of property on which is situated a one or two\nfamily residence.\n
N.Y. VAT Law § 1219 — New York Code / Act VAT / Title 7 / Article 33 / Section 1219
Putting glass or other injurious substances on highway prohibited
Status: in_force

§ 1219. Putting glass or other injurious substances on highway\nprohibited. (a) No person shall throw or deposit upon any highway any\nglass bottle, glass, nails, tacks, wire, cans, snow or any other\nsubstance likely to injure any person, animal, or vehicle upon such\nhighway.\n  (b) Any person who drops, or permits to be dropped or thrown, upon any\nhighway any destructive or injurious material or any material which\ninterferes with the safe use of the highway shall immediately remove the\nsame or cause it to be removed.\n  (c) Any person removing a wrecked or damaged vehicle from a highway\nshall remove any glass or other injurious substance dropped upon the\nhighway from such vehicle.\n
N.Y. RSS Law § 62 — New York Code / Act RSS / Article 2 / Title 7 / Section 62
Ordinary disability retirement
Status: in_force

§ 62. Ordinary disability retirement. a. Application for an ordinary\ndisability retirement allowance for a member may be made by:\n  1. Such member, or\n  2. The head of the department in which such member is employed, or\n  3. Some person acting on behalf of and authorized by such member.\n  aa. At the time of the filing of an application pursuant to this\nsection, the member must:\n  1. Have at least ten years of total service credit, and\n  2. Actually be in service upon which his membership is based, or, have\nbeen discontinued from service, either voluntarily or involuntarily, for\nnot more than ninety days, providing the member was disabled prior to\nsuch discontinuance.\nAfter the filing of such an application, such member shall be given one\nor more medical examinations. If the comptroller determines that the\nmember is physically or mentally incapacitated for the performance of\nduty and ought to be retired for ordinary disability, he shall be so\nretired. Such retirement shall be effective as of a date approved by the\ncomptroller.\n  b. Upon retirement for ordinary disability one of the following\nretirement allowances shall be payable:\n  1. If the member has attained age sixty when such retirement becomes\neffective, his or her retirement allowance shall be equal to that which\nhe or she would receive in the case of superannuation retirement, unless\nthe member is enrolled in a plan provided under section seventy-a,\nseventy-one-a or seventy-five of this article, in which case the benefit\nshall be calculated in the manner described in clause two of\nsubparagraph (c) of paragraph two of this subdivision.\n  2. If the member has not attained age sixty when such retirement\nbecomes effective, his retirement allowance shall consist of:\n  (a) An annuity which shall be the actuarial equivalent of his\naccumulated contributions at the time of his retirement, plus\n  (b) A pension which is the actuarial equivalent of the\nreserve-for-increased-take-home-pay to which he may then be entitled, if\nany, plus\n  (c) A pension computed in accordance with whichever of the following\nprovides the greater benefit:\n  (1) A pension which, together with the member's annuity and the\npension-providing-for-increased-take-home-pay, if any, shall equal\nninety per centum of one-seventieth of his final average salary\nmultiplied by the number of years of his total service credit which\nformula shall be used only if the retirement allowance so computed\nexceeds one-quarter of his final average salary.\n  If the retirement allowance so computed shall amount to one-quarter or\nless of the member's final average salary, his pension shall be computed\nupon the basis of the total service which he would have rendered if he\ncontinued in service until he attained age sixty so far as the resulting\nretirement allowance computed by resort to this formula shall not exceed\none-quarter of the member's final average salary.\n  (2) A pension which together with the member's annuity and the\npension-providing-for-increased-take-home-pay, if any, shall equal\none-sixtieth of his final average salary multiplied by the number of\nyears of his total service credit, which formula shall be used only if\nthe retirement allowance so computed exceeds one-third of his final\naverage salary. If the retirement allowance so computed shall amount to\none-third or less of the member's final average salary, his pension\nshall be computed upon the basis of the total service which he would\nhave rendered if he continued in service until he attained age sixty so\nfar as the resulting retirement allowance computed by resort to this\nformula shall not exceed one-third of the member's final average salary.\nIn the case of persons who last became members on or after July first,\nnineteen hundred seventy-three, the provisions of this item (2) shall\napply only to those who file an application for ordinary disability\nretirement with the comptroller prior to July first, nineteen hundred\nseventy-four.\n  For the purpose only of determining the amount of a pension pursuant\nto any of the above formulae, the annuity shall be computed as it would\nbe:\n  (aa) If not reduced by the actuarial equivalent of any outstanding\nloan, and\n  (bb) If not increased by the actuarial equivalent of any additional\ncontributions, and\n  (cc) If not reduced by reason of the member's election to decrease his\nannuity contributions to the retirement system in order to apply the\namount of such reduction in payment of his contributions for old-age and\nsurvivors insurance coverage.\n  c. If the member, at the time of the filing of an application under\nthe provisions of subdivision a hereof, is eligible for a service\nretirement benefit, then and in that event, he may simultaneously file\nan application for service retirement in accordance with the provisions\nof section seventy of this chapter, provided that the member indicates\non the application for service retirement that such application is filed\nwithout prejudice to the application for ordinary disability retirement.\n  d. An application for an ordinary disability retirement allowance may\nbe filed, as otherwise provided herein, simultaneously with or after the\nfiling of an application for an accidental disability retirement\nallowance, providing a member meets the requirements of this section. If\nthe comptroller shall grant the application for an accidental disability\nretirement allowance and the application for an ordinary disability\nretirement allowance, the accidental disability retirement allowance\nshall become payable unless the applicant files a timely written request\nwith the comptroller to receive the ordinary disability retirement\nallowance in lieu of the accidental disability retirement allowance, in\nwhich case the ordinary disability retirement allowance shall become\npayable. To become effective, such written request must be filed with\nthe comptroller within thirty days following notification that the\napplications for ordinary disability retirement and accidental\ndisability retirement have both been granted.\n
N.Y. EDN Law § 6230 — New York Code / Act EDN / Title 7 / Article 125 / Section 6230
City university of New York senior college budget process
Status: in_force

§ 6230. City university of New York senior college budget process. 1.\nFor the purposes of this section and section sixty-two hundred\ntwenty-one of this article, the term "approved programs and services"\nshall mean and include all programs and services provided by the senior\ncolleges excluding campus schools or other elementary or secondary\nschools which receive state aid under other provisions of law and also\nexcluding all unfunded accrued liability payments, revised unfunded\naccrued liability payments (as defined in subdivision seven of section\nsixty-two hundred two of this article), installments of nineteen hundred\neighty unfunded accrued liability adjustment (as defined in subdivision\neight of such section sixty-two hundred two), installments of nineteen\nhundred eighty-two unfunded accrued liability adjustment (as defined in\nsubdivision eight-a of such section sixty-two hundred two), installments\nof NYCERS nineteen hundred eighty-five unfunded accrued liability\nadjustment attributable to the senior colleges (as defined in\nsubdivision eight-b of such section sixty-two hundred two), installments\nof NYCTRS nineteen hundred eighty-five unfunded accrued liability\nadjustment (as defined in subdivision eight-c of such section sixty-two\nhundred two), installments of NYCTRS nineteen hundred eighty-six\nunfunded accrued liability adjustment (as defined in subdivision eight-d\nof such section sixty-two hundred two), installments of New York city\nemployees' retirement system nineteen hundred eighty-eight unfunded\naccrued liability adjustment attributable to the senior colleges (as\ndefined in subdivision eight-e of such section sixty-two hundred two),\ninstallments of New York city teachers' retirement system nineteen\nhundred eighty-eight unfunded accrued liability adjustment attributable\nto the senior colleges (as defined in subdivision eight-f of such\nsection sixty-two hundred two), installments of any NYCERS post-June\nthirtieth, nineteen hundred ninety unfunded accrued liability adjustment\nattributable to the senior colleges (as defined in subdivision eight-g\nof such section sixty-two hundred two), installments of any NYCTRS\npost-June thirtieth, nineteen hundred ninety unfunded accrued liability\nadjustment attributable to the senior colleges (as defined in\nsubdivision eight-h of such section sixty-two hundred two),\ncontributions for twenty-year amortization of nineteen hundred ninety\nsenior college consolidated UAL and senior college remainder of BSL (as\ndefined in subdivision eight-o of section sixty-two hundred two of this\narticle) and balance sheet liability contributions (as defined in\nsubdivision nine of such section sixty-two hundred two) required to be\nmade pursuant to chapters nine hundred seventy-five, nine hundred\nseventy-six and nine hundred seventy-seven of the laws of nineteen\nhundred seventy-seven or the provisions of law referred to in such\nsubdivisions with respect to pension contributions, provided that all\nsuch programs have been approved as a part of the master plan of the\ncity university and as a part of the regents plan for higher education\nor general revision thereof pursuant to section two hundred thirty-seven\nof this chapter.\n  2. For each city fiscal year, the chancellor of the city university\nshall prepare a proposed operating and capital budget for all approved\nprograms and services of the senior colleges in such form and contents\nas shall be required by the state director of the budget. Such proposed\noperating and capital budget, after approval by the board of trustees,\nshall be submitted to the governor by the first day of October of each\nyear, with copies at such time to the state director of the budget,\nsenate finance committee and the assembly ways and means committee, for\ninformation purposes, the director of the office of management and\nbudget of the city of New York.\n  3. The governor shall submit his recommendations with respect to such\ncity university of New York senior college operating and capital budget\nto the legislature as part of the local assistance and capital\nconstruction portions of the executive budget, as appropriate.\n
N.Y. PBA Law § 1159 — New York Code / Act PBA / Article 5 / Title 7 / Section 1159
Transfer of officers and employees
Status: in_force

§ 1159. Transfer of officers and employees. Any public officer or\nemployee under civil service, selected by the authority may, with the\nconsent of the commission, board or department by which he or she has\nbeen employed, be transferred to the authority and shall be eligible for\nsuch transfer and appointment without examination to comparable offices,\npositions and employment under the authority. The salary or compensation\nof any such officer or employee shall after such tranfer be paid by the\nauthority. But notwithstanding the provisions of this act, any such\nofficers or employees so transferred to the authority, pursuant to the\nprovisions of this section, who are members of or beneficiaries under\nany existing pension or retirement system, shall continue to have all\nrights, privileges, obligations and status with respect to such fund\nsystem or systems as are now prescribed by law, but during the period of\ntheir employment by the authority, all contributions to any pension or\nretirement fund or system to be paid by the employer on account of such\nofficers or employee, shall be paid by the authority; and all such\nofficers and employees who have been appointed to positions under the\nrules and classifications of the civil service commission of the county\nof Onondaga shall have the same status with respect thereto after\ntransfer to the authority as they had under their original appointments.\nIt is hereby declared that in the interest of efficiency and insofar as\nit may be practicable, all employees engaged in the operation of any\nproperty or properties, except in an executive capacity, at the time\nsuch property or properties shall have been acquired by the authority,\npursuant to the provisions of this act, shall become the employees of\nthe authority. The appointment and promotion of all employees of the\nauthority shall be made in accordance with the provisions of the civil\nservice law (constituting chapter seven of the consolidated laws) and\nsuch rules as the civil service commission of the county of Onondaga may\nadopt and make applicable to such authority.\n
N.Y. EDN Law § 6278 — New York Code / Act EDN / Title 7 / Article 125-B / Section 6278
Resources of fund
Status: in_force

§ 6278. Resources of fund. (a) Subject to the provisions of this\narticle, the trustees of the fund shall receive, accept, invest,\nadminister, expend and disburse for its corporate purposes all monies\nfor the city university construction fund from whatever sources derived\nincluding (1) payments by the state pursuant to the provisions of\nsubdivision one of section sixty-two hundred seventy-nine of this\narticle; (2) payments by the city of New York or by the state\ncomptroller pursuant to the provisions of subdivision two of section\nsixty-two hundred seventy-nine of this article; (3) all instructional\nand non-instructional fees received by the fund under section sixty-two\nhundred fifteen of this chapter; (4) payments by the state pursuant to\nthe provisions of subdivision four of section sixty-two hundred\nseventy-nine of this article; (5) payments by the city pursuant to the\nprovisions of subdivision five of section sixty-two hundred seventy-nine\nof this article; and (6) any other payments, gifts, or appropriations to\nthe fund from any other source exclusive of any other monies\nappropriated by the state for the benefit of the city university.\n  (b) The monies of the fund shall be paid to the comptroller of the\ncity of New York as agent of the fund, who shall not commingle such\nmonies with any other monies. All city university instructional and\nnoninstructional fees received by the fund which, together with other\nmoneys of the fund available for payment of rentals and other payments\ndue to the dormitory authority from the fund pursuant to any lease,\nsublease, or other agreement entered into between the dormitory\nauthority and the fund, exceed the amount required by the terms of any\nlease, sub-lease or other agreement with the dormitory authority to be\nretained for the payment of such rentals and such other payments and the\ncosts of administration of such fund shall be transferred to the city\nuniversity for the support, maintenance and operation of such\nuniversity.\n  (c) The monies in any of the fund's accounts shall be paid out on\nchecks signed by the comptroller of the city of New York on requisitions\nof the chairman of the trustees of the fund or of such other officer or\nemployee as the trustees shall authorize to make such requisition.\n  (d) Subject to the terms of any lease, sublease, or agreement\nundertaken by the fund, any such monies of the fund not required for\nimmediate use may, at the discretion of the fund, be invested in\nobligations of the United States, of an agency, corporation or other\ninstrumentality thereof, of the state or of the city; in obligations the\nprincipal and interest of which are guaranteed by the United States, by\nan agency, corporation or other instrumentality thereof or by the state;\nor in interest-bearing certificates of deposit of a bank or trust\ncompany located in and authorized to do business in the state of New\nYork, each such certificate to be secured in amounts equal to the amount\nof each such certificate by pledges of obligations of the United States,\nof an agency, corporation or other instrumentality thereof, of the\nstate, of the city or of obligations the principal and interest of which\nare guaranteed by the United States, by an agency, corporation or other\ninstrumentality thereof or by the state. The comptroller of the city of\nNew York, as agent of the fund, shall make the investments when so\nrequested by the fund.\n  (e) The comptroller of the city of New York or his legally authorized\nrepresentative from time to time may examine the books and accounts of\nthe fund, including its receipts, disbursements, contracts, reserves,\ninvestments, and any other matters relating to its financial standing.\nSuch an examination shall be conducted by the comptroller of the city of\nNew York at least once every five years; in lieu of such an examination,\nthe comptroller of the city of New York may accept from the fund an\nexternal examination of the fund's books and accounts made at the\nrequest of the trustees of the fund.\n  (f) In addition to the provisions of subdivision (e) of this section,\nthe comptroller of the state of New York or his legally authorized\nrepresentative may also from time to time examine the books and accounts\nof the fund, including its receipts, disbursements, contracts, reserves,\ninvestments, and any other matters relating to its financial standing.\n  (g) To the extent practicable, the trustees of the fund shall ensure\nthat all monies received during a fiscal year are expended prior to the\nend of such fiscal year.\n  (h) On or before the first of February each year, the comptroller\nshall certify to the governor, the temporary president of the senate,\nthe speaker of the assembly, the chair of the senate finance committee\nand the chair of the assembly ways and means committee, the amount of\nmoney deposited in the fund during the preceding calendar year as the\nresult of revenue derived pursuant to section six hundred thirty-f of\nthe tax law.\n  (i) On or before the first of February each year, the trustees of the\nfund shall provide a written report to the temporary president of the\nsenate, the speaker of the assembly, the chair of the senate finance\ncommittee, the chair of the assembly ways and means committee, the chair\nof the senate committee on higher education, the chair of the assembly\ncommittee on higher education, and the public. Such report shall include\nhow the monies of the fund were utilized during the preceding calendar\nyear and shall include:\n  (1) the amount of money dispersed from the fund;\n  (2) recipients of awards from the fund;\n  (3) the amount awarded to each recipient;\n  (4) the purposes for which such awards were granted; and\n  (5) a summary financial plan for such monies which shall include\nestimates of all receipts and all disbursements for the current and\nsucceeding fiscal years, along with the actual results from the prior\nfiscal year.\n
N.Y. PBA Law § 661-A — New York Code / Act PBA / Article 3 / Title 7 / Section 661-A
Notes of the authority
Status: in_force

§ 661-a. Notes of the authority. The authority shall have power and is\nhereby authorized to issue negotiable bond anticipation notes in\nconformity with applicable provisions of the uniform commercial code and\nmay renew the same from time to time but the maximum maturity of any\nsuch note, including renewals thereof, shall not exceed five years from\nthe date of issue of such original note. Such notes shall be paid from\nany moneys of the authority available therefor and not otherwise pledged\nor from the proceeds of sale of the bonds of the authority in\nanticipation of which they were issued. The notes shall be issued in the\nsame manner as the bonds and such notes and the resolution or\nresolutions authorizing the same may contain any provisions, conditions,\nor limitations which the bonds or a bond resolution of the authority may\ncontain. Such notes may be sold at public or private sale at not less\nthan par and shall bear such rate or rates of interest as the board\nshall determine.\n  Such notes shall be as fully negotiable as the bonds of the authority.\nIn the case of default on its notes, or violation of any of the\nobligations of the authority to the noteholders, the noteholders shall\nhave all the remedies provided herein for bondholders.\n
N.Y. VAT Law § 1234 — New York Code / Act VAT / Title 7 / Article 34 / Section 1234
Riding on roadways, shoulders, bicycle or in-line skate lanes and bicycle or in-line skate paths
Status: in_force

§ 1234. Riding on roadways, shoulders, bicycle or in-line skate lanes\nand bicycle or in-line skate paths. (a) Upon all roadways, any bicycle\nor in-line skate shall be driven either on a usable bicycle or in-line\nskate lane or, if a usable bicycle or in-line skate lane has not been\nprovided, near the right-hand curb or edge of the roadway or upon a\nusable right-hand shoulder in such a manner as to prevent undue\ninterference with the flow of traffic except when preparing for a left\nturn or when reasonably necessary to avoid conditions that would make it\nunsafe to continue along near the right-hand curb or edge. Conditions to\nbe taken into consideration include, but are not limited to, fixed or\nmoving objects, vehicles, bicycles, in-line skates, pedestrians,\nanimals, surface hazards or traffic lanes too narrow for a bicycle or\nperson on in-line skates and a vehicle to travel safely side-by-side\nwithin the lane.\n  (b) Persons riding bicycles or skating or gliding on in-line skates\nupon a roadway shall not ride more than two abreast. Persons riding\nbicycles or skating or gliding on in-line skates upon a shoulder,\nbicycle or in-line skate lane, or bicycle or in-line skates path,\nintended for the use of bicycles or in-line skates may ride two or more\nabreast if sufficient space is available, except that when passing a\nvehicle, bicycle or person on in-line skates, or pedestrian, standing or\nproceeding along such shoulder, lane or path, persons riding bicycles or\nskating or gliding on in-line skates shall ride, skate, or glide single\nfile. Persons riding bicycles or skating or gliding on in-line skates\nupon a roadway shall ride, skate, or glide single file when being\novertaken by a vehicle.\n  (c) Any person operating a bicycle or skating or gliding on in-line\nskates who is entering the roadway from a private road, driveway, alley\nor over a curb shall come to a full stop before entering the roadway.\n
N.Y. VAT Law § 1111-B*2 — New York Code / Act VAT / Title 7 / Article 24 / Section 1111-B*2
Owner liability for failure of operator to comply with traffic-control indications
Status: in_force

* § 1111-b. Owner liability for failure of operator to comply with\ntraffic-control indications. (a) 1. Notwithstanding any other provision\nof law, the city of Yonkers is hereby authorized and empowered to adopt\nand amend a local law or ordinance establishing a demonstration program\nimposing monetary liability on the owner of a vehicle for failure of an\noperator thereof to comply with traffic-control indications in such city\nin accordance with the provisions of this section. Such demonstration\nprogram shall empower such city to install and operate traffic-control\nsignal photo violation-monitoring devices at no more than twenty-five\nintersections within such city at any one time.\n  2. Such demonstration program shall utilize necessary technologies to\nensure, to the extent practicable, that photographs produced by such\ntraffic-control signal photo violation-monitoring systems shall not\ninclude images that identify the driver, the passengers, or the contents\nof the vehicle. Provided, however, that no notice of liability issued\npursuant to this section shall be dismissed solely because a photograph\nor photographs allow for the identification of the contents of a\nvehicle, provided that such city has made a reasonable effort to comply\nwith the provisions of this paragraph.\n  (b) In any such city which has adopted a local law or ordinance\npursuant to subdivision (a) of this section, the owner of a vehicle\nshall be liable for a penalty imposed pursuant to this section if such\nvehicle was used or operated with the permission of the owner, express\nor implied, in violation of subdivision (d) of section eleven hundred\neleven of this article, and such violation is evidenced by information\nobtained from a traffic-control signal photo violation-monitoring\nsystem; provided however that no owner of a vehicle shall be liable for\na penalty imposed pursuant to this section where the operator of such\nvehicle has been convicted of the underlying violation of subdivision\n(d) of section eleven hundred eleven of this article.\n  (c) For purposes of this section, "owner" shall have the meaning\nprovided in article two-B of this chapter. For purposes of this section,\n"traffic-control signal photo violation-monitoring system" shall mean a\nvehicle sensor installed to work in conjunction with a traffic-control\nsignal which automatically produces two or more photographs, two or more\nmicrophotographs, a videotape or other recorded images of each vehicle\nat the time it is used or operated in violation of subdivision (d) of\nsection eleven hundred eleven of this article.\n  (d) A certificate, sworn to or affirmed by a technician employed by\nthe city of Yonkers in which the charged violation occurred, or a\nfacsimile thereof, based upon inspection of photographs,\nmicrophotographs, videotape or other recorded images produced by a\ntraffic-control signal photo violation-monitoring system, shall be prima\nfacie evidence of the facts contained therein. Any photographs,\nmicrophotographs, videotape or other recorded images evidencing such a\nviolation shall be available for inspection in any proceeding to\nadjudicate the liability for such violation pursuant to a local law or\nordinance adopted pursuant to this section.\n  (e) An owner liable for a violation of subdivision (d) of section\neleven hundred eleven of this article pursuant to a local law or\nordinance adopted pursuant to this section shall be liable for monetary\npenalties in accordance with a schedule of fines and penalties to be set\nforth in such local law or ordinance, except that if such city by local\nlaw has authorized the adjudication of such owner liability by a parking\nviolations bureau, such schedule shall be promulgated by such bureau.\nThe liability of the owner pursuant to this section shall not exceed\nfifty dollars for each violation; provided, however, that such local law\nor ordinance may provide for an additional penalty not in excess of\ntwenty-five dollars for each violation for the failure to respond to a\nnotice of liability within the prescribed time period.\n  (f) An imposition of liability under a local law or ordinance adopted\npursuant to this section shall not be deemed a conviction as an operator\nand shall not be made part of the operating record of the person upon\nwhom such liability is imposed nor shall it be used for insurance\npurposes in the provision of motor vehicle insurance coverage.\n  (g) 1. A notice of liability shall be sent by first class mail to each\nperson alleged to be liable as an owner for a violation of subdivision\n(d) of section eleven hundred eleven of this article pursuant to this\nsection. Personal delivery on the owner shall not be required. A manual\nor automatic record of mailing prepared in the ordinary course of\nbusiness shall be prima facie evidence of the facts contained therein.\n  2. A notice of liability shall contain the name and address of the\nperson alleged to be liable as an owner for a violation of subdivision\n(d) of section eleven hundred eleven of this article pursuant to this\nsection, the registration number of the vehicle involved in such\nviolation, the location where such violation took place, the date and\ntime of such violation and the identification number of the camera which\nrecorded the violation or other document locator number.\n  3. The notice of liability shall contain information advising the\nperson charged of the manner and the time in which he may contest the\nliability alleged in the notice. Such notice of liability shall also\ncontain a warning to advise the persons charged that failure to contest\nin the manner and time provided shall be deemed an admission of\nliability and that a default judgment may be entered thereon.\n  4. The notice of liability shall be prepared and mailed by the city of\nYonkers, or by any other entity authorized by such city to prepare and\nmail such notification of violation.\n  (h) Adjudication of the liability imposed upon owners by this section\nshall be by a traffic violations bureau established pursuant to section\nthree hundred seventy of the general municipal law or, if there be none,\nby the court having jurisdiction over traffic infractions, except that\nif such city has established an administrative tribunal to hear and\ndetermine complaints of traffic infractions constituting parking,\nstanding or stopping violations such city may, by local law, authorize\nsuch adjudication by such tribunal.\n  (i) If an owner receives a notice of liability pursuant to this\nsection for any time period during which the vehicle was reported to the\npolice department as having been stolen, it shall be a valid defense to\nan allegation of liability for a violation of subdivision (d) of section\neleven hundred eleven of this article pursuant to this section that the\nvehicle had been reported to the police as stolen prior to the time the\nviolation occurred and had not been recovered by such time. For purposes\nof asserting the defense provided by this subdivision it shall be\nsufficient that a certified copy of the police report on the stolen\nvehicle be sent by first class mail to the traffic violations bureau,\ncourt having jurisdiction or parking violations bureau.\n  (j) 1. In such city where the adjudication of liability imposed upon\nowners pursuant to this section is by a traffic violations bureau or a\ncourt having jurisdiction, an owner who is a lessor of a vehicle to\nwhich a notice of liability was issued pursuant to subdivision (g) of\nthis section shall not be liable for the violation of subdivision (d) of\nsection eleven hundred eleven of this article, provided that he or she\nsends to the traffic violations bureau or court having jurisdiction a\ncopy of the rental, lease or other such contract document covering such\nvehicle on the date of the violation, with the name and address of the\nlessee clearly legible, within thirty-seven days after receiving notice\nfrom the bureau or court of the date and time of such violation,\ntogether with the other information contained in the original notice of\nliability. Failure to send such information within such thirty-seven day\ntime period shall render the owner liable for the penalty prescribed by\nthis section. Where the lessor complies with the provisions of this\nparagraph, the lessee of such vehicle on the date of such violation\nshall be deemed to be the owner of such vehicle for purposes of this\nsection, shall be subject to liability for the violation of subdivision\n(d) of section eleven hundred eleven of this article pursuant to this\nsection and shall be sent a notice of liability pursuant to subdivision\n(g) of this section.\n  2. (i) In such city which, by local law, has authorized the\nadjudication of liability imposed upon owners by this section by a\nparking violations bureau, an owner who is a lessor of a vehicle to\nwhich a notice of liability was issued pursuant to subdivision (g) of\nthis section shall not be liable for the violation of subdivision (d) of\nsection eleven hundred eleven of this article, provided that:\n  (A) prior to the violation, the lessor has filed with the bureau in\naccordance with the provisions of section two hundred thirty-nine of\nthis chapter; and\n  (B) within thirty-seven days after receiving notice from the bureau of\nthe date and time of a liability, together with the other information\ncontained in the original notice of liability, the lessor submits to the\nbureau the correct name and address of the lessee of the vehicle\nidentified in the notice of liability at the time of such violation,\ntogether with such other additional information contained in the rental,\nlease or other contract document, as may be reasonably required by the\nbureau pursuant to regulations that may be promulgated for such purpose.\n  (ii) Failure to comply with clause (B) of subparagraph (i) of this\nparagraph shall render the owner liable for the penalty prescribed in\nthis section.\n  (iii) Where the lessor complies with the provisions of this paragraph,\nthe lessee of such vehicle on the date of such violation shall be deemed\nto be the owner of such vehicle for purposes of this section, shall be\nsubject to liability for such violation pursuant to this section and\nshall be sent a notice of liability pursuant to subdivision (g) of this\nsection.\n  (k) 1. If the owner liable for a violation of subdivision (d) of\nsection eleven hundred eleven of this article pursuant to this section\nwas not the operator of the vehicle at the time of the violation, the\nowner may maintain an action for indemnification against the operator.\n  2. Notwithstanding any other provision of this section, no owner of a\nvehicle shall be subject to a monetary fine imposed pursuant to this\nsection if the operator of such vehicle was operating such vehicle\nwithout the consent of the owner at the time such operator failed to\nobey a traffic-control indication. For purposes of this subdivision\nthere shall be a presumption that the operator of such vehicle was\noperating such vehicle with the consent of the owner at the time such\noperator failed to obey a traffic-control indication.\n  (l) Nothing in this section shall be construed to limit the liability\nof an operator of a vehicle for any violation of subdivision (d) of\nsection eleven hundred eleven of this article.\n  (m) Any city that adopts a demonstration program pursuant to\nsubdivision (a) of this section shall submit an annual report detailing\nthe results of the use of such traffic-control signal photo\nviolation-monitoring system to the governor, the temporary president of\nthe senate and the speaker of the assembly on or before June first, two\nthousand ten and on the same date in each succeeding year in which the\ndemonstration program is operable. Such report shall include, but not be\nlimited to:\n  1. a description of the locations where traffic-control signal photo\nviolation-monitoring systems were used;\n  2. the aggregate number, type and severity of accidents reported at\nintersections where a traffic-control signal photo violation-monitoring\nsystem is used for the three years preceding the installation of such\nsystem, to the extent the information is maintained by the department of\nmotor vehicles of this state;\n  3. the aggregate number, type and severity of accidents reported at\nintersections where a traffic-control signal photo violation-monitoring\nsystem is used for the reporting year, as well as for each year that the\ntraffic-control signal photo violation-monitoring system has been\noperational, to the extent the information is maintained by the\ndepartment of motor vehicles of this state;\n  4. the number of events and number of violations recorded at each\nintersection where a traffic-control signal photo violation-monitoring\nsystem is used and in the aggregate on a daily, weekly and monthly\nbasis;\n  5. the number of notices of liability issued for violations recorded\nby such system at each intersection where a traffic-control signal photo\nviolation-monitoring system is used;\n  6. the number of fines imposed and total amount of fines paid after\nfirst notice of liability issued for violations recorded by such\nsystems;\n  7. the number and percentage of violations adjudicated and results of\nsuch adjudications including breakdowns of dispositions made for\nviolations recorded by such systems;\n  8. the total amount of revenue realized by such city from such\nadjudications including a breakdown of revenue realized by such city for\neach year since deployment of its traffic-control signal photo\nviolation-monitoring system;\n  9. expenses incurred by such city in connection with the program; and\n  10. quality of the adjudication process and its results.\n  (n) It shall be a defense to any prosecution for a violation of\nsubdivision (d) of section eleven hundred eleven of this article\npursuant to a local law or ordinance adopted pursuant to this section\nthat such traffic-control indications were malfunctioning at the time of\nthe alleged violation.\n  * NB Repealed December 1, 2029\n  * NB There are 3 § 1111-b's\n
N.Y. ENV Law § 54-0705 — New York Code / Act ENV / Article 54 / Title 7 / Section 54-0705
Rules and regulations
Status: in_force

§ 54-0705. Rules and regulations.\n  Prior to processing applications for state assistance payments toward\nthe cost of municipal waste reduction or recycling projects, the\ncommissioner shall promulgate, in consultation with the director of the\nbudget and the commissioner of economic development, rules and\nregulations which shall include criteria for determining eligible\nexpenditures and procedures for governing the commitment and\ndisbursement of funds appropriated in accordance with this title. The\ncommissioner, in consultation with the commissioner of economic\ndevelopment, shall also promulgate rules and regulations which shall\ninclude application procedures, review processes, and project approval\nguidelines and criteria.\n
N.Y. VAT Law § 1180-F — New York Code / Act VAT / Title 7 / Article 30 / Section 1180-F
Owner liability for failure of operator to comply with certain posted maximum speed limits
Status: in_force

* § 1180-f. Owner liability for failure of operator to comply with\ncertain posted maximum speed limits. (a) 1. Notwithstanding any other\nprovision of law, the city of Albany is hereby authorized to establish a\ndemonstration program imposing monetary liability on the owner of a\nvehicle for failure of an operator thereof to comply with posted maximum\nspeed limits in a school speed zone within such city (i) when a school\nspeed limit is in effect as provided in paragraphs one and two of\nsubdivision (c) of section eleven hundred eighty of this article or (ii)\nwhen other speed limits are in effect as provided in subdivision (b),\n(d), (f) or (g) of section eleven hundred eighty of this article during\nthe following times: (A) on school days during school hours and one hour\nbefore and one hour after the school day, and (B) a period during\nstudent activities at the school and up to thirty minutes immediately\nbefore and up to thirty minutes immediately after such student\nactivities. Such demonstration program shall empower the city of Albany\nto install photo speed violation monitoring systems within no more than\ntwenty school speed zones within such city at any one time and to\noperate such systems within such zones (iii) when a school speed limit\nis in effect as provided in paragraphs one and two of subdivision (c) of\nsection eleven hundred eighty of this article or (iv) when other speed\nlimits are in effect as provided in subdivision (b), (d), (f) or (g) of\nsection eleven hundred eighty of this article during the following\ntimes: (A) on school days during school hours and one hour before and\none hour after the school day, and (B) a period during student\nactivities at the school and up to thirty minutes immediately before and\nup to thirty minutes immediately after such student activities. In\nselecting a school speed zone in which to install and operate a photo\nspeed violation monitoring system, the city shall consider criteria\nincluding, but not limited to, the speed data, crash history, and the\nroadway geometry applicable to such school speed zone.\n  2. No photo speed violation monitoring system shall be used in a\nschool speed zone unless (i) on the day it is to be used it has\nsuccessfully passed a self-test of its functions; and (ii) it has\nundergone an annual calibration check performed pursuant to paragraph\nfour of this subdivision. The city shall install signs giving notice\nthat a photo speed violation monitoring system is in use to be mounted\non advance warning signs notifying motor vehicle operators of such\nupcoming school speed zone and/or on speed limit signs applicable within\nsuch school speed zone, in conformance with standards established in the\nMUTCD.\n  3. Operators of photo speed violation monitoring systems shall have\ncompleted training in the procedures for setting up, testing, and\noperating such systems. Each such operator shall complete and sign a\ndaily set-up log for each such system that he or she operates that (i)\nstates the date and time when, and the location where, the system was\nset up that day, and (ii) states that such operator successfully\nperformed, and the system passed, the self-tests of such system before\nproducing a recorded image that day. The city shall retain each such\ndaily log until the later of the date on which the photo speed violation\nmonitoring system to which it applies has been permanently removed from\nuse or the final resolution of all cases involving notices of liability\nissued based on photographs, microphotographs, videotape or other\nrecorded images produced by such system.\n  4. Each photo speed violation monitoring system shall undergo an\nannual calibration check performed by an independent calibration\nlaboratory which shall issue a signed certificate of calibration. The\ncity shall keep each such annual certificate of calibration on file\nuntil the final resolution of all cases involving a notice of liability\nissued during such year which were based on photographs,\nmicrophotographs, videotape or other recorded images produced by such\nphoto speed violation monitoring system.\n  5. (i) Such demonstration program shall utilize necessary technologies\nto ensure, to the extent practicable, that photographs,\nmicrophotographs, videotape or other recorded images produced by such\nphoto speed violation monitoring systems shall not include images that\nidentify the driver, the passengers, or the contents of the vehicle.\nProvided, however, that no notice of liability issued pursuant to this\nsection shall be dismissed solely because such a photograph,\nmicrophotograph, videotape or other recorded image allows for the\nidentification of the driver, the passengers, or the contents of\nvehicles where the city shows that it made reasonable efforts to comply\nwith the provisions of this paragraph in such case.\n  (ii) Photographs, microphotographs, videotape or any other recorded\nimage from a photo speed violation monitoring system shall be for the\nexclusive use of the city for the purpose of the adjudication of\nliability imposed pursuant to this section and of the owner receiving a\nnotice of liability pursuant to this section, and shall be destroyed by\nthe city upon the final resolution of the notice of liability to which\nsuch photographs, microphotographs, videotape or other recorded images\nrelate, or one year following the date of issuance of such notice of\nliability, whichever is later. Notwithstanding the provisions of any\nother law, rule or regulation to the contrary, photographs,\nmicrophotographs, videotape or any other recorded image from a photo\nspeed violation monitoring system shall not be open to the public, nor\nsubject to civil or criminal process or discovery, nor used by any court\nor administrative or adjudicatory body in any action or proceeding\ntherein except that which is necessary for the adjudication of a notice\nof liability issued pursuant to this section, and no public entity or\nemployee, officer or agent thereof shall disclose such information,\nexcept that such photographs, microphotographs, videotape or any other\nrecorded images from such systems:\n  (A) shall be available for inspection and copying and use by the motor\nvehicle owner and operator for so long as such photographs,\nmicrophotographs, videotape or other recorded images are required to be\nmaintained or are maintained by such public entity, employee, officer or\nagent; and\n  (B) (1) shall be furnished when described in a search warrant issued\nby a court authorized to issue such a search warrant pursuant to article\nsix hundred ninety of the criminal procedure law or a federal court\nauthorized to issue such a search warrant under federal law, where such\nsearch warrant states that there is reasonable cause to believe such\ninformation constitutes evidence of, or tends to demonstrate that, a\nmisdemeanor or felony offense was committed in this state or another\nstate, or that a particular person participated in the commission of a\nmisdemeanor or felony offense in this state or another state, provided,\nhowever, that if such offense was against the laws of another state, the\ncourt shall only issue a warrant if the conduct comprising such offense\nwould, if occurring in this state, constitute a misdemeanor or felony\nagainst the laws of this state; and\n  (2) shall be furnished in response to a subpoena duces tecum signed by\na judge of competent jurisdiction and issued pursuant to article six\nhundred ten of the criminal procedure law or a judge or magistrate of a\nfederal court authorized to issue such a subpoena duces tecum under\nfederal law, where the judge finds and the subpoena states that there is\nreasonable cause to believe such information is relevant and material to\nthe prosecution, or the defense, or the investigation by an authorized\nlaw enforcement official, of the alleged commission of a misdemeanor or\nfelony in this state or another state, provided, however, that if such\noffense was against the laws of another state, such judge or magistrate\nshall only issue such subpoena if the conduct comprising such offense\nwould, if occurring in this state, constitute a misdemeanor or felony in\nthis state; and\n  (3) may, if lawfully obtained pursuant to this clause and clause (A)\nof this subparagraph and otherwise admissible, be used in such criminal\naction or proceeding.\n  (b) If the city of Albany establishes a demonstration program pursuant\nto subdivision (a) of this section, the owner of a vehicle shall be\nliable for a penalty imposed pursuant to this section if such vehicle\nwas used or operated with the permission of the owner, express or\nimplied, within a school speed zone in violation of subdivision (c) or\nduring the times authorized pursuant to subdivision (a) of this section\nin violation of subdivision (b), (d), (f) or (g) of section eleven\nhundred eighty of this article, such vehicle was traveling at a speed of\nmore than ten miles per hour above the posted speed limit in effect\nwithin such school speed zone, and such violation is evidenced by\ninformation obtained from a photo speed violation monitoring system;\nprovided however that no owner of a vehicle shall be liable for a\npenalty imposed pursuant to this section where the operator of such\nvehicle has been convicted of the underlying violation of subdivision\n(b), (c), (d), (f) or (g) of section eleven hundred eighty of this\narticle.\n  (c) For purposes of this section, the following terms shall have the\nfollowing meanings:\n  1. "manual on uniform traffic control devices" or "MUTCD" shall mean\nthe manual and specifications for a uniform system of traffic control\ndevices maintained by the commissioner of transportation pursuant to\nsection sixteen hundred eighty of this chapter;\n  2. "owner" shall have the meaning provided in article two-B of this\nchapter;\n  3. "photo speed violation monitoring system" shall mean a vehicle\nsensor installed to work in conjunction with a speed measuring device\nwhich automatically produces two or more photographs, two or more\nmicrophotographs, a videotape or other recorded images of each vehicle\nat the time it is used or operated in a school speed zone in violation\nof subdivision (b), (c), (d), (f) or (g) of section eleven hundred\neighty of this article in accordance with the provisions of this\nsection; and\n  4. "school speed zone" shall mean a distance not to exceed one\nthousand three hundred twenty feet on a highway passing a school\nbuilding, entrance or exit of a school abutting on the highway.\n  (d) A certificate, sworn to or affirmed by a technician employed by\nthe city of Albany, or a facsimile thereof, based upon inspection of\nphotographs, microphotographs, videotape or other recorded images\nproduced by a photo speed violation monitoring system, shall be prima\nfacie evidence of the facts contained therein. Any photographs,\nmicrophotographs, videotape or other recorded images evidencing such a\nviolation shall include at least two date and time stamped images of the\nrear of the motor vehicle that include the same stationary object near\nthe motor vehicle and shall be available for inspection reasonably in\nadvance of and at any proceeding to adjudicate the liability for such\nviolation pursuant to this section.\n  (e) An owner liable for a violation of subdivision (b), (c), (d), (f)\nor (g) of section eleven hundred eighty of this article pursuant to a\ndemonstration program established pursuant to this section shall be\nliable for monetary penalties in accordance with a schedule of fines and\npenalties to be promulgated by the parking violations bureau of the city\nof Albany. The liability of the owner pursuant to this section shall not\nexceed fifty dollars for each violation; provided, however, that such\nparking violations bureau may provide for an additional penalty not in\nexcess of twenty-five dollars for each violation for the failure to\nrespond to a notice of liability within the prescribed time period.\n  (f) An imposition of liability under the demonstration program\nestablished pursuant to this section shall not be deemed a conviction as\nan operator and shall not be made part of the operating record of the\nperson upon whom such liability is imposed nor shall it be used for\ninsurance purposes in the provision of motor vehicle insurance coverage.\n  (g) 1. A notice of liability shall be sent by first class mail to each\nperson alleged to be liable as an owner for a violation of subdivision\n(b), (c), (d), (f) or (g) of section eleven hundred eighty of this\narticle pursuant to this section, within fourteen business days if such\nowner is a resident of this state and within forty-five business days if\nsuch owner is a non-resident. Personal delivery on the owner shall not\nbe required. A manual or automatic record of mailing prepared in the\nordinary course of business shall be prima facie evidence of the facts\ncontained therein.\n  2. A notice of liability shall contain the name and address of the\nperson alleged to be liable as an owner for a violation of subdivision\n(b), (c), (d), (f) or (g) of section eleven hundred eighty of this\narticle pursuant to this section, the registration number of the vehicle\ninvolved in such violation, the location where such violation took\nplace, the date and time of such violation, the identification number of\nthe camera which recorded the violation or other document locator\nnumber, at least two date and time stamped images of the rear of the\nmotor vehicle that include the same stationary object near the motor\nvehicle, and the certificate charging the liability.\n  3. The notice of liability shall contain information advising the\nperson charged of the manner and the time in which he or she may contest\nthe liability alleged in the notice. Such notice of liability shall also\ncontain a prominent warning to advise the person charged that failure to\ncontest in the manner and time provided shall be deemed an admission of\nliability and that a default judgment may be entered thereon.\n  4. The notice of liability shall be prepared and mailed by the city of\nAlbany, or by any other entity authorized by the city to prepare and\nmail such notice of liability.\n  (h) Adjudication of the liability imposed upon owners of this section\nshall be by the city of Albany parking violations bureau.\n  (i) If an owner receives a notice of liability pursuant to this\nsection for any time period during which the vehicle or the number plate\nor plates of such vehicle was reported to the police department as\nhaving been stolen, it shall be a valid defense to an allegation of\nliability for a violation of subdivision (b), (c), (d), (f) or (g) of\nsection eleven hundred eighty of this article pursuant to this section\nthat the vehicle or the number plate or plates of such vehicle had been\nreported to the police as stolen prior to the time the violation\noccurred and had not been recovered by such time. For purposes of\nasserting the defense provided by this subdivision, it shall be\nsufficient that a certified copy of the police report on the stolen\nvehicle or number plate or plates of such vehicle be sent by first class\nmail to the city of Albany parking violations bureau or by any other\nentity authorized by the city to prepare and mail such notice of\nliability.\n  (j) Adjudication of the liability imposed upon owners of this section\nshall be by the city of Albany parking violations bureau.\n  (k) 1. An owner who is a lessor of a vehicle to which a notice of\nliability was issued pursuant to subdivision (g) of this section shall\nnot be liable for the violation of subdivision (b), (c), (d), (f) or (g)\nof section eleven hundred eighty of this article pursuant to this\nsection, provided that:\n  (i) prior to the violation, the lessor has filed with such parking\nviolations bureau in accordance with the provisions of section two\nhundred thirty-nine of this chapter; and\n  (ii) within thirty-seven days after receiving notice from such bureau\nof the date and time of a liability, together with the other information\ncontained in the original notice of liability, the lessor submits to\nsuch bureau the correct name and address of the lessee of the vehicle\nidentified in the notice of liability at the time of such violation,\ntogether with such other additional information contained in the rental,\nlease or other contract document, as may be reasonably required by such\nbureau pursuant to regulations that may be promulgated for such purpose.\n  2. Failure to comply with subparagraph (ii) of paragraph one of this\nsubdivision shall render the owner liable for the penalty prescribed in\nthis section.\n  3. Where the lessor complies with the provisions of paragraph one of\nthis subdivision, the lessee of such vehicle on the date of such\nviolation shall be deemed to be the owner of such vehicle for purposes\nof this section, shall be subject to liability for such violation\npursuant to this section and shall be sent a notice of liability\npursuant to subdivision (g) of this section.\n  (l) 1. If the owner liable for a violation of subdivision (c) or (d)\nof section eleven hundred eighty of this article pursuant to this\nsection was not the operator of the vehicle at the time of the\nviolation, the owner may maintain an action for indemnification against\nthe operator.\n  2. Notwithstanding any other provision of this section, no owner of a\nvehicle shall be subject to a monetary fine imposed pursuant to this\nsection if the operator of such vehicle was operating such vehicle\nwithout the consent of the owner at the time such operator operated such\nvehicle in violation of subdivision (b), (c), (d), (f) or (g) of section\neleven hundred eighty of this article. For purposes of this subdivision\nthere shall be a presumption that the operator of such vehicle was\noperating such vehicle with the consent of the owner at the time such\noperator operated such vehicle in violation of subdivision (b), (c),\n(d), (f) or (g) of section eleven hundred eighty of this article.\n  (m) Nothing in this section shall be construed to limit the liability\nof an operator of a vehicle for any violation of subdivision (c) or (d)\nof section eleven hundred eighty of this article.\n  (n) If the city adopts a demonstration program pursuant to subdivision\n(a) of this section it shall conduct a study and submit an annual report\non the results of the use of photo devices to the governor, the\ntemporary president of the senate and the speaker of the assembly on or\nbefore the first day of June next succeeding the effective date of this\nsection and on the same date in each succeeding year in which the\ndemonstration program is operable. Such report shall include:\n  1. the locations where and dates when photo speed violation monitoring\nsystems were used;\n  2. the aggregate number, type and severity of crashes, fatalities,\ninjuries and property damage reported within all school speed zones\nwithin the city, to the extent the information is maintained by the\ndepartment of motor vehicles of this state;\n  3. the aggregate number, type and severity of crashes, fatalities,\ninjuries and property damage reported within school speed zones where\nphoto speed violation monitoring systems were used, to the extent the\ninformation is maintained by the department of motor vehicles of this\nstate;\n  4. the number of violations recorded within all school speed zones\nwithin the city, in the aggregate on a daily, weekly and monthly basis;\n  5. the number of violations recorded within each school speed zone\nwhere a photo speed violation monitoring system is used, in the\naggregate on a daily, weekly and monthly basis;\n  6. the number of violations recorded within all school speed zones\nwithin the city that were:\n  (i) more than ten but not more than twenty miles per hour over the\nposted speed limit;\n  (ii) more than twenty but not more than thirty miles per hour over the\nposted speed limit;\n  (iii) more than thirty but not more than forty miles per hour over the\nposted speed limit; and\n  (iv) more than forty miles per hour over the posted speed limit;\n  7. the number of violations recorded within each school speed zone\nwhere a photo speed violation monitoring system is used that were:\n  (i) more than ten but not more than twenty miles per hour over the\nposted speed limit;\n  (ii) more than twenty but not more than thirty miles per hour over the\nposted speed limit;\n  (iii) more than thirty but not more than forty miles per hour over the\nposted speed limit; and\n  (iv) more than forty miles per hour over the posted speed limit;\n  8. the total number of notices of liability issued for violations\nrecorded by such systems;\n  9. the number of fines and total amount of fines paid after the first\nnotice of liability issued for violations recorded by such systems;\n  10. the number of violations adjudicated and the results of such\nadjudications including breakdowns of dispositions made for violations\nrecorded by such systems;\n  11. the total amount of revenue realized by the city in connection\nwith the program;\n  12. the expenses incurred by the city in connection with the program;\nand\n  13. the quality of the adjudication process and its results.\n  (o) It shall be a defense to any prosecution for a violation of\nsubdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty\nof this article pursuant to this section that such photo speed violation\nmonitoring system was malfunctioning at the time of the alleged\nviolation.\n  * NB There are 2 § 1180-f's\n  * NB Repealed December 31, 2028\n
N.Y. EDN Law § 6219 — New York Code / Act EDN / Title 7 / Article 125 / Section 6219
Conveyance of property
Status: in_force

§ 6219. Conveyance of property.  1. a. The city of New York shall on\nor before January first, nineteen hundred eighty, by resolution or\nresolutions of the board of estimate of such city or by instruments\nauthorized by such resolutions, convey to the state of New York all\nright, title and interest to all real property owned by the city and\nused by such university for senior college purposes notwithstanding the\nprovisions of any general, special or local law, or code or charter.\n  b. All such conveyances shall contain a provision that if such real\nproperty ceases to be used for such purpose, title to such property\nshall revert to the city of New York, provided, however, that until such\ntime as the city university delivers the notice referred to in paragraph\nc of this subdivision with respect to any parcel of such real property,\nsuch parcel shall be deemed to be used for senior college purposes\nnotwithstanding any change in character, use or occupancy consistent\nwith such purposes subsequent to the conveyance thereof pursuant to\nparagraph a of this subdivision.  Notwithstanding the reverter contained\nin the foregoing sentence, on the request of the city university\nconstruction fund, the commissioner of general services of the state of\nNew York may, for the purposes of dormitory authority financing of any\nfacility conveyed by the city of New York pursuant to paragraph a of\nthis subdivision, sell, convey, lease or exchange or otherwise make\navailable to the dormitory authority, for a nominal consideration any\nsuch property, subject to the provision that if title shall be\nreconveyed to the state of New York by the dormitory authority\nsubsequent to satisfaction of indebtedness incurred by the dormitory\nauthority to finance improvements on such property, such property shall,\nsubject to paragraph c of this subdivision, again become subject to the\nprovisions of the first sentence of this paragraph. The conveyance to\nthe dormitory authority shall be free of the reverter provided for in\nthe first sentence of this paragraph.\n  c. If any property which is subject to the reverter contained in the\nfirst sentence of paragraph b of this subdivision ceases to be used for\nsenior college purposes, the city university shall notify the\ncommissioner of general services of the state of New York and the\ndirector of management and budget of the city of New York in writing of\nsuch event within sixty days. Upon the giving of such notice the\nreverter contained in the first sentence of paragraph b of this\nsubdivision shall become effective and the state shall provide the city\nwith a duly executed deed in recordable form.\n  d. If the city shall (i) use property so deeded to it with\nimprovements wholly paid for by the state or (ii) sell or otherwise\ndispose of property so deeded to it with improvements wholly paid for by\nthe state, then, within thirty days after the beginning of the city\nfiscal year immediately following such conveyance, the city shall pay to\nthe state an amount equal to the current appraised value of such\nimprovements in such property.\n  e. The commissioner of general services of the state of New York may,\non the request of the city university construction fund for the purposes\nof dormitory authority financing of the portion of the Staten Island\nDevelopmental Center which is to be used by city university for senior\ncollege purposes exclusively, sell, convey, lease or exchange or\notherwise make available to the dormitory authority such state lands,\nsituate within the county of Richmond, the city of New York, upon such\nterms and conditions including consideration as the commissioner may fix\nand determine with the approval of the director of the budget.  However,\nin the event that all or any part of such property should not be\nutilized for senior college purposes exclusively, such property will\nrevert back to the state of New York.\n  2. Real property being used on the effective date of this article or\nto be used by the city university for senior college purposes which is\nencumbered by bonds, mortgages or similar debt instruments and title to\nwhich is held by an agency of the state subject to the provision that\nsuch title shall be conveyed to the city of New York by such state\nagency when such outstanding indebtedness has been satisfied, shall upon\nbeing so conveyed to such city by such agency thereupon be re-conveyed\nby such city to the state of New York.\n  3. Notwithstanding any other provisions of law, the provisions of this\nsection shall apply to Medgar Evers college.\n
N.Y. VAT Law § 1150 — New York Code / Act VAT / Title 7 / Article 27 / Section 1150
Pedestrians subject to traffic regulations
Status: in_force

§ 1150. Pedestrians subject to traffic regulations.  Pedestrians shall\nbe subject to traffic-control signals as provided in section eleven\nhundred eleven of this title, but at all other places pedestrians shall\nbe accorded the privileges and shall be subject to the restrictions\nstated in this article.\n
N.Y. VAT Law § 1180-H — New York Code / Act VAT / Title 7 / Article 30 / Section 1180-H
Owner liability for failure of operator to comply with certain posted maximum speed limits; Mt
Status: in_force

* § 1180-h. Owner liability for failure of operator to comply with\ncertain posted maximum speed limits; Mt. Vernon. (a) 1. Notwithstanding\nany other provision of law, the city of Mt. Vernon is hereby authorized\nto establish a demonstration program imposing monetary liability on the\nowner of a vehicle for failure of an operator thereof to comply with\nposted maximum speed limits in a school speed zone within such city (i)\nwhen a school speed limit is in effect as provided in paragraphs one and\ntwo of subdivision (c) of section eleven hundred eighty of this article\nor (ii) when other speed limits are in effect as provided in subdivision\n(b), (d), (f) or (g) of section eleven hundred eighty of this article\nduring the following times: (A) on school days during school hours and\none hour before and one hour after the school day, and (B) a period\nduring student activities at the school and up to thirty minutes\nimmediately before and up to thirty minutes immediately after such\nstudent activities. Such demonstration program shall empower the city of\nMt. Vernon to install photo speed violation monitoring systems within no\nmore than twenty school speed zones within such city at any one time and\nto operate such systems within such zones (iii) when a school speed\nlimit is in effect as provided in paragraphs one and two of subdivision\n(c) of section eleven hundred eighty of this article or (iv) when other\nspeed limits are in effect as provided in subdivision (b), (d), (f) or\n(g) of section eleven hundred eighty of this article during the\nfollowing times: (A) on school days during school hours and one hour\nbefore and one hour after the school day, and (B) a period during\nstudent activities at the school and up to thirty minutes immediately\nbefore and up to thirty minutes immediately after such student\nactivities. In selecting a school speed zone in which to install and\noperate a photo speed violation monitoring system, the city shall\nconsider criteria including, but not limited to, the speed data, crash\nhistory, and the roadway geometry applicable to such school speed zone.\n  2. No photo speed violation monitoring system shall be used in a\nschool speed zone unless (i) on the day it is to be used it has\nsuccessfully passed a self-test of its functions; and (ii) it has\nundergone an annual calibration check performed pursuant to paragraph\nfour of this subdivision. The city shall install signs giving notice\nthat a photo speed violation monitoring system is in use to be mounted\non advance warning signs notifying motor vehicle operators of such\nupcoming school speed zone and/or on speed limit signs applicable within\nsuch school speed zone, in conformance with standards established in the\nMUTCD.\n  3. Operators of photo speed violation monitoring systems shall have\ncompleted training in the procedures for setting up, testing, and\noperating such systems. Each such operator shall complete and sign a\ndaily set-up log for each such system that such operator operates that\n(i) states the date and time when, and the location where, the system\nwas set up that day, and (ii) states that such operator successfully\nperformed, and the system passed, the self-tests of such system before\nproducing a recorded image that day. The city shall retain each such\ndaily log until the later of the date on which the photo speed violation\nmonitoring system to which it applies has been permanently removed from\nuse or the final resolution of all cases involving notices of liability\nissued based on photographs, microphotographs, videotape or other\nrecorded images produced by such system.\n  4. Each photo speed violation monitoring system shall undergo an\nannual calibration check performed by an independent calibration\nlaboratory which shall issue a signed certificate of calibration. The\ncity shall keep each such annual certificate of calibration on file\nuntil the final resolution of all cases involving a notice of liability\nissued during such year which were based on photographs,\nmicrophotographs, videotape or other recorded images produced by such\nphoto speed violation monitoring system.\n  5. (i) Such demonstration program shall utilize necessary technologies\nto ensure, to the extent practicable, that photographs,\nmicrophotographs, videotape or other recorded images produced by such\nphoto speed violation monitoring systems shall not include images that\nidentify the driver, the passengers, or the contents of the vehicle.\nProvided, however, that no notice of liability issued pursuant to this\nsection shall be dismissed solely because such a photograph,\nmicrophotograph, videotape or other recorded image allows for the\nidentification of the driver, the passengers, or the contents of\nvehicles where the city shows that it made reasonable efforts to comply\nwith the provisions of this paragraph in such case.\n  (ii) Photographs, microphotographs, videotape or any other recorded\nimage from a photo speed violation monitoring system shall be for the\nexclusive use of the city for the purpose of the adjudication of\nliability imposed pursuant to this section and of the owner receiving a\nnotice of liability pursuant to this section, and shall be destroyed by\nthe city upon the final resolution of the notice of liability to which\nsuch photographs, microphotographs, videotape or other recorded images\nrelate, or one year following the date of issuance of such notice of\nliability, whichever is later. Notwithstanding the provisions of any\nother law, rule or regulation to the contrary, photographs,\nmicrophotographs, videotape or any other recorded image from a photo\nspeed violation monitoring system shall not be open to the public, nor\nsubject to civil or criminal process or discovery, nor used by any court\nor administrative or adjudicatory body in any action or proceeding\ntherein except that which is necessary for the adjudication of a notice\nof liability issued pursuant to this section, and no public entity or\nemployee, officer or agent thereof shall disclose such information,\nexcept that such photographs, microphotographs, videotape or any other\nrecorded images from such systems:\n  (A) shall be available for inspection and copying and use by the motor\nvehicle owner and operator for so long as such photographs,\nmicrophotographs, videotape or other recorded images are required to be\nmaintained or are maintained by such public entity, employee, officer or\nagent; and\n  (B) (1) shall be furnished when described in a search warrant issued\nby a court authorized to issue such a search warrant pursuant to article\nsix hundred ninety of the criminal procedure law or a federal court\nauthorized to issue such a search warrant under federal law, where such\nsearch warrant states that there is reasonable cause to believe such\ninformation constitutes evidence of, or tends to demonstrate that, a\nmisdemeanor or felony offense was committed in this state or another\nstate, or that a particular person participated in the commission of a\nmisdemeanor or felony offense in this state or another state, provided,\nhowever, that if such offense was against the laws of another state, the\ncourt shall only issue a warrant if the conduct comprising such offense\nwould, if occurring in this state, constitute a misdemeanor or felony\nagainst the laws of this state; and\n  (2) shall be furnished in response to a subpoena duces tecum signed by\na judge of competent jurisdiction and issued pursuant to article six\nhundred ten of the criminal procedure law or a judge or magistrate of a\nfederal court authorized to issue such a subpoena duces tecum under\nfederal law, where the judge finds and the subpoena states that there is\nreasonable cause to believe such information is relevant and material to\nthe prosecution, or the defense, or the investigation by an authorized\nlaw enforcement official, of the alleged commission of a misdemeanor or\nfelony in this state or another state, provided, however, that if such\noffense was against the laws of another state, such judge or magistrate\nshall only issue such subpoena if the conduct comprising such offense\nwould, if occurring in this state, constitute a misdemeanor or felony in\nthis state; and\n  (3) may, if lawfully obtained pursuant to this clause and clause (A)\nof this subparagraph and otherwise admissible, be used in such criminal\naction or proceeding.\n  (b) If the city of Mt. Vernon establishes a demonstration program\npursuant to subdivision (a) of this section, the owner of a vehicle\nshall be liable for a penalty imposed pursuant to this section if such\nvehicle was used or operated with the permission of the owner, express\nor implied, within a school speed zone in violation of subdivision (c)\nor during the times authorized pursuant to subdivision (a) of this\nsection in violation of subdivision (b), (d), (f) or (g) of section\neleven hundred eighty of this article, such vehicle was traveling at a\nspeed of more than ten miles per hour above the posted speed limit in\neffect within such school speed zone, and such violation is evidenced by\ninformation obtained from a photo speed violation monitoring system;\nprovided however that no owner of a vehicle shall be liable for a\npenalty imposed pursuant to this section where the operator of such\nvehicle has been convicted of the underlying violation of subdivision\n(b), (c), (d), (f) or (g) of section eleven hundred eighty of this\narticle.\n  (c) For purposes of this section, the following terms shall have the\nfollowing meanings:\n  1. "manual on uniform traffic control devices" or "MUTCD" shall mean\nthe manual and specifications for a uniform system of traffic control\ndevices maintained by the commissioner of transportation pursuant to\nsection sixteen hundred eighty of this chapter;\n  2. "owner" shall have the meaning provided in article two-B of this\nchapter;\n  3. "photo speed violation monitoring system" shall mean a vehicle\nsensor installed to work in conjunction with a speed measuring device\nwhich automatically produces two or more photographs, two or more\nmicrophotographs, a videotape or other recorded images of each vehicle\nat the time it is used or operated in a school speed zone in violation\nof subdivision (b), (c), (d), (f) or (g) of section eleven hundred\neighty of this article in accordance with the provisions of this\nsection; and\n  4. "school speed zone" shall mean a distance not to exceed one\nthousand three hundred twenty feet on a highway passing a school\nbuilding, entrance or exit of a school abutting on the highway.\n  (d) A certificate, sworn to or affirmed by a technician employed by\nthe city of Mt. Vernon, or a facsimile thereof, based upon inspection of\nphotographs, microphotographs, videotape or other recorded images\nproduced by a photo speed violation monitoring system, shall be prima\nfacie evidence of the facts contained therein. Any photographs,\nmicrophotographs, videotape or other recorded images evidencing such a\nviolation shall include at least two date and time stamped images of the\nrear of the motor vehicle that include the same stationary object near\nthe motor vehicle and shall be available for inspection reasonably in\nadvance of and at any proceeding to adjudicate the liability for such\nviolation pursuant to this section.\n  (e) An owner liable for a violation of subdivision (b), (c), (d), (f)\nor (g) of section eleven hundred eighty of this article pursuant to a\ndemonstration program established pursuant to this section shall be\nliable for monetary penalties in accordance with a schedule of fines and\npenalties to be promulgated by the parking violations bureau of the city\nof Mt. Vernon. The liability of the owner pursuant to this section shall\nnot exceed fifty dollars for each violation; provided, however, that\nsuch parking violations bureau may provide for an additional penalty not\nin excess of twenty-five dollars for each violation for the failure to\nrespond to a notice of liability within the prescribed time period.\n  (f) An imposition of liability under the demonstration program\nestablished pursuant to this section shall not be deemed a conviction as\nan operator and shall not be made part of the operating record of the\nperson upon whom such liability is imposed nor shall it be used for\ninsurance purposes in the provision of motor vehicle insurance coverage.\n  (g) 1. A notice of liability shall be sent by first class mail to each\nperson alleged to be liable as an owner for a violation of subdivision\n(b), (c), (d), (f) or (g) of section eleven hundred eighty of this\narticle pursuant to this section, within fourteen business days if such\nowner is a resident of this state and within forty-five business days if\nsuch owner is a non-resident. Personal delivery on the owner shall not\nbe required. A manual or automatic record of mailing prepared in the\nordinary course of business shall be prima facie evidence of the facts\ncontained therein.\n  2. A notice of liability shall contain the name and address of the\nperson alleged to be liable as an owner for a violation of subdivision\n(b), (c), (d), (f) or (g) of section eleven hundred eighty of this\narticle pursuant to this section, the registration number of the vehicle\ninvolved in such violation, the location where such violation took\nplace, the date and time of such violation, the identification number of\nthe camera which recorded the violation or other document locator\nnumber, at least two date and time stamped images of the rear of the\nmotor vehicle that include the same stationary object near the motor\nvehicle, and the certificate charging the liability.\n  3. The notice of liability shall contain information advising the\nperson charged of the manner and the time in which such person may\ncontest the liability alleged in the notice. Such notice of liability\nshall also contain a prominent warning to advise the person charged that\nfailure to contest in the manner and time provided shall be deemed an\nadmission of liability and that a default judgment may be entered\nthereon.\n  4. The notice of liability shall be prepared and mailed by the city of\nMt. Vernon, or by any other entity authorized by the city to prepare and\nmail such notice of liability.\n  (h) Adjudication of the liability imposed upon owners by this section\nshall be by the city of Mt. Vernon parking violations bureau.\n  (i) If an owner receives a notice of liability pursuant to this\nsection for any time period during which the vehicle or the number plate\nor plates of such vehicle was reported to the police department as\nhaving been stolen, it shall be a valid defense to an allegation of\nliability for a violation of subdivision (b), (c), (d), (f) or (g) of\nsection eleven hundred eighty of this article pursuant to this section\nthat the vehicle or the number plate or plates of such vehicle had been\nreported to the police as stolen prior to the time the violation\noccurred and had not been recovered by such time. For purposes of\nasserting the defense provided by this subdivision, it shall be\nsufficient that a certified copy of the police report on the stolen\nvehicle or number plate or plates of such vehicle be sent by first class\nmail to the city of Mt.  Vernon parking violations bureau or by any\nother entity authorized by the city to prepare and mail such notice of\nliability.\n  (j) 1. An owner who is a lessor of a vehicle to which a notice of\nliability was issued pursuant to subdivision (g) of this section shall\nnot be liable for the violation of subdivision (b), (c), (d), (f) or (g)\nof section eleven hundred eighty of this article pursuant to this\nsection, provided that:\n  (i) prior to the violation, the lessor has filed with such parking\nviolations bureau in accordance with the provisions of section two\nhundred thirty-nine of this chapter; and\n  (ii) within thirty-seven days after receiving notice from such bureau\nof the date and time of a liability, together with the other information\ncontained in the original notice of liability, the lessor submits to\nsuch bureau the correct name and address of the lessee of the vehicle\nidentified in the notice of liability at the time of such violation,\ntogether with such other additional information contained in the rental,\nlease or other contract document, as may be reasonably required by such\nbureau pursuant to regulations that may be promulgated for such purpose.\n  2. Failure to comply with subparagraph (ii) of paragraph one of this\nsubdivision shall render the owner liable for the penalty prescribed in\nthis section.\n  3. Where the lessor complies with the provisions of paragraph one of\nthis subdivision, the lessee of such vehicle on the date of such\nviolation shall be deemed to be the owner of such vehicle for purposes\nof this section, shall be subject to liability for such violation\npursuant to this section and shall be sent a notice of liability\npursuant to subdivision (g) of this section.\n  (k) 1. If the owner liable for a violation of subdivision (c) or (d)\nof section eleven hundred eighty of this article pursuant to this\nsection was not the operator of the vehicle at the time of the\nviolation, the owner may maintain an action for indemnification against\nthe operator.\n  2. Notwithstanding any other provision of this section, no owner of a\nvehicle shall be subject to a monetary fine imposed pursuant to this\nsection if the operator of such vehicle was operating such vehicle\nwithout the consent of the owner at the time such operator operated such\nvehicle in violation of subdivision (b), (c), (d), (f) or (g) of section\neleven hundred eighty of this article. For purposes of this subdivision\nthere shall be a presumption that the operator of such vehicle was\noperating such vehicle with the consent of the owner at the time such\noperator operated such vehicle in violation of subdivision (b), (c),\n(d), (f) or (g) of section eleven hundred eighty of this article.\n  (l) Nothing in this section shall be construed to limit the liability\nof an operator of a vehicle for any violation of subdivision (c) or (d)\nof section eleven hundred eighty of this article.\n  (m) If the city adopts a demonstration program pursuant to subdivision\n(a) of this section it shall conduct a study and submit an annual report\non the results of the use of photo devices to the governor, the\ntemporary president of the senate and the speaker of the assembly on or\nbefore the first day of June next succeeding the effective date of this\nsection and on the same date in each succeeding year in which the\ndemonstration program is operable. Such report shall include:\n  1. the locations where and dates when photo speed violation monitoring\nsystems were used;\n  2. the aggregate number, type and severity of crashes, fatalities,\ninjuries and property damage reported within all school speed zones\nwithin the city, to the extent the information is maintained by the\ndepartment of motor vehicles of this state;\n  3. the aggregate number, type and severity of crashes, fatalities,\ninjuries and property damage reported within school speed zones where\nphoto speed violation monitoring systems were used, to the extent the\ninformation is maintained by the department of motor vehicles of this\nstate;\n  4. the number of violations recorded within all school speed zones\nwithin the city, in the aggregate on a daily, weekly and monthly basis;\n  5. the number of violations recorded within each school speed zone\nwhere a photo speed violation monitoring system is used, in the\naggregate on a daily, weekly and monthly basis;\n  6. the number of violations recorded within all school speed zones\nwithin the city that were:\n  (i) more than ten but not more than twenty miles per hour over the\nposted speed limit;\n  (ii) more than twenty but not more than thirty miles per hour over the\nposted speed limit;\n  (iii) more than thirty but not more than forty miles per hour over the\nposted speed limit; and\n  (iv) more than forty miles per hour over the posted speed limit;\n  7. the number of violations recorded within each school speed zone\nwhere a photo speed violation monitoring system is used that were:\n  (i) more than ten but not more than twenty miles per hour over the\nposted speed limit;\n  (ii) more than twenty but not more than thirty miles per hour over the\nposted speed limit;\n  (iii) more than thirty but not more than forty miles per hour over the\nposted speed limit; and\n  (iv) more than forty miles per hour over the posted speed limit;\n  8. the total number of notices of liability issued for violations\nrecorded by such systems;\n  9. the number of fines and total amount of fines paid after the first\nnotice of liability issued for violations recorded by such systems;\n  10. the number of violations adjudicated and the results of such\nadjudications including breakdowns of dispositions made for violations\nrecorded by such systems;\n  11. the total amount of revenue realized by the city in connection\nwith the program;\n  12. the expenses incurred by the city in connection with the program;\nand\n  13. the quality of the adjudication process and its results.\n  (n) It shall be a defense to any prosecution for a violation of\nsubdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty\nof this article pursuant to this section that such photo speed violation\nmonitoring system was malfunctioning at the time of the alleged\nviolation.\n  * NB Repealed December 1, 2031\n  * NB There are 3 § 1180-h's\n
N.Y. VAT Law § 1225-C — New York Code / Act VAT / Title 7 / Article 33 / Section 1225-C
Use of mobile telephones
Status: in_force

§ 1225-c. Use of mobile telephones. 1. For purposes of this section,\nthe following terms shall mean:\n  (a) "Mobile telephone" shall mean the device used by subscribers and\nother users of wireless telephone service to access such service.\n  (b) "Wireless telephone service" shall mean two-way real time voice\ntelecommunications service that is interconnected to a public switched\ntelephone network and is provided by a commercial mobile radio service,\nas such term is defined by 47 C.F.R. § 20.3.\n  (c) "Using" shall mean (i) holding a mobile telephone to, or in the\nimmediate proximity of, the user's ear; and (ii) with respect to a\nperson operating a commercial motor vehicle, holding a mobile telephone\nto, or in the immediate proximity of, the user's ear, or dialing or\nanswering a mobile telephone by pressing more than a single button, or\nreaching for a mobile telephone in a manner that requires such person to\nmaneuver so that he or she is no longer in a seated driving position,\nrestrained by a seat belt that is installed in accordance with section\n393.93 of title 49 of the code of federal regulations and adjusted in\naccordance with the vehicle manufacturer's instructions.\n  (d) "Hand-held mobile telephone" shall mean a mobile telephone with\nwhich a user engages in a call using at least one hand.\n  (e) "Hands-free mobile telephone" shall mean a mobile telephone that\nhas an internal feature or function, or that is equipped with an\nattachment or addition, whether or not permanently part of such mobile\ntelephone, by which a user engages in a call without the use of either\nhand, whether or not the use of either hand is necessary to activate,\ndeactivate or initiate a function of such telephone. Provided, however,\nthat for purposes of this section, a mobile telephone used by a person\noperating a commercial motor vehicle shall not be deemed a "hands-free\nmobile telephone" when such person dials or answers such mobile\ntelephone by pressing more than a single button.\n  (f) "Engage in a call" shall mean talking into or listening on a\nhand-held mobile telephone, but shall not include holding a mobile\ntelephone to activate, deactivate or initiate a function of such\ntelephone.\n  (g) "Immediate proximity" shall mean that distance as permits the\noperator of a mobile telephone to hear telecommunications transmitted\nover such mobile telephone, but shall not require physical contact with\nsuch operator's ear.\n  (h) "Commercial motor vehicle" shall have the same meaning as such\nterm is defined by subdivision four-a of section two of the\ntransportation law.\n  (i) "Motor carrier" shall have the same meaning as such term is\ndefined by subdivision seventeen of section two of the transportation\nlaw.\n  2. (a) Except as otherwise provided in this section, no person shall\noperate a motor vehicle upon a public highway while using a mobile\ntelephone to engage in a call while such vehicle is in motion; provided,\nhowever, that no person shall operate a commercial motor vehicle while\nusing a mobile telephone to engage in a call on a public highway\nincluding while temporarily stationary because of traffic, a traffic\ncontrol device, or other momentary delays. Provided further, however,\nthat a person shall not be deemed to be operating a commercial motor\nvehicle while using a mobile telephone to engage in a call on a public\nhighway when such vehicle is stopped at the side of, or off, a public\nhighway in a location where such vehicle is not otherwise prohibited\nfrom stopping by law, rule, regulation or any lawful order or direction\nof a police officer.\n  (b) An operator of any motor vehicle who holds a mobile telephone to,\nor in the immediate proximity of, his or her ear while such vehicle is\nin motion is presumed to be engaging in a call within the meaning of\nthis section; provided, however, that an operator of a commercial motor\nvehicle who holds a mobile telephone to, or in the immediate proximity\nof, his or her ear while such vehicle is temporarily stationary because\nof traffic, a traffic control device, or other momentary delays is also\npresumed to be engaging in a call within the meaning of this section\nexcept that a person operating a commercial motor vehicle while using a\nmobile telephone to engage in a call when such vehicle is stopped at the\nside of, or off, a public highway in a location where such vehicle is\nnot otherwise prohibited from stopping by law, rule, regulation or any\nlawful order or direction of a police officer shall not be presumed to\nbe engaging in a call within the meaning of this section. The\npresumption established by this subdivision is rebuttable by evidence\ntending to show that the operator was not engaged in a call.\n  (c) The provisions of this section shall not be construed as\nauthorizing the seizure or forfeiture of a mobile telephone, unless\notherwise provided by law.\n  (d) No motor carrier shall allow or require its drivers to use a\nhand-held mobile telephone while operating a commercial motor vehicle as\nprovided in this section.\n  3. Subdivision two of this section shall not apply to (a) the use of a\nmobile telephone for the sole purpose of communicating with any of the\nfollowing regarding an emergency situation: an emergency response\noperator; a hospital, physician's office or health clinic; an ambulance\ncompany or corps; a fire department, district or company; or a police\ndepartment, (b) any of the following persons while in the performance of\ntheir official duties: a police officer or peace officer; a member of a\nfire department, district or company; or the operator of an authorized\nemergency vehicle as defined in section one hundred one of this chapter,\nor (c) the use of a hands-free mobile telephone.\n  4. A violation of subdivision two of this section shall be a traffic\ninfraction and shall be punishable by a fine of not less than fifty\ndollars nor more than two hundred dollars upon conviction of a first\nviolation; upon conviction of a second violation, both of which were\ncommitted within a period of eighteen months, such violation shall be\npunished by a fine of not less than fifty dollars nor more than two\nhundred fifty dollars; upon conviction of a third or subsequent\nviolation, all of which were committed within a period of eighteen\nmonths, such violation shall be punished by a fine of not less than\nfifty dollars nor more than four hundred fifty dollars.\n
N.Y. LAB Law § 594 — New York Code / Act LAB / Article 18 / Title 7 / Section 594
Reduction and recovery of benefits and penalties for wilful false statement
Status: in_force

§ 594. Reduction and recovery of benefits and penalties for wilful\nfalse statement.  (1) A claimant who has wilfully made a false statement\nor representation to obtain any benefit under the provisions of this\narticle shall forfeit benefits for at least the first one but not more\nthan the first twenty effective weeks following discovery of such\noffense for which he or she otherwise would have been entitled to\nreceive benefits. Such penalty shall apply only once with respect to\neach such offense.\n  (2) For the purpose of subdivision four of section five hundred ninety\nof this article, the claimant shall be deemed to have received benefits\nfor such forfeited effective weeks.\n  (3) The penalty provided in this section shall not be confined to a\nsingle benefit year but shall no longer apply in whole or in part after\nthe expiration of two years from the date of the final determination.\nSuch two-year period shall be tolled during the time period a claimant\nhas an appeal pending.\n  (4) A claimant shall refund all moneys received because of such false\nstatement or representation and pay a civil penalty in an amount equal\nto the greater of one hundred dollars or fifteen percent of the total\noverpaid benefits determined pursuant to this section. The penalties\ncollected hereunder shall be deposited in the fund. The penalties\nassessed under this subdivision shall apply and be assessed for any\nbenefits paid under federal unemployment and extended unemployment\nprograms administered by the department in the same manner as provided\nin this article. The penalties in this section shall be in addition to\nany penalties imposed under this chapter or any state or federal\ncriminal statute. No penalties or interest assessed pursuant to this\nsection may be deducted or withheld from benefits.\n  (5) (a) Upon a determination based upon a willful false statement or\nrepresentation becoming final through exhaustion of appeal rights or\nfailure to exhaust hearing rights, the commissioner may recover the\namount found to be due by commencing a civil action, or by filing with\nthe county clerk of the county where the claimant resides the final\ndetermination of the commissioner or the final decision by an\nadministrative law judge, the appeal board, or a court containing the\namount found to be due including interest and civil penalty. The\ncommissioner may only make such a filing with the county clerk when:\n  (i) The claimant has responded to requests for information prior to a\ndetermination and such requests for information notified the claimant of\nhis or her rights to a fair hearing as well as the potential\nconsequences of an investigation and final determination under this\nsection including the notice required by subparagraph (iii) of paragraph\n(b) of this subdivision. Additionally if the claimant requested a fair\nhearing or appeal subsequent to a determination, that the claimant was\npresent either in person or through electronic means at such hearing, or\nsubsequent appeal from which a final determination was rendered;\n  (ii) The commissioner has made efforts to collect on such final\ndetermination; and\n  (iii) The commissioner has sent a notice, in accordance with paragraph\n(b) of this subdivision, of intent to docket such final determination by\nfirst class or certified mail, return receipt requested, ten days prior\nto the docketing of such determination.\n  (b) The notice required in subparagraph (iii) of paragraph (a) of this\nsubdivision shall include the following:\n  (i) That the commissioner intends to docket a final determination\nagainst such claimant as a judgment;\n  (ii) The total amount to be docketed; and\n  (iii) Conspicuous language that reads as follows: "Once entered, a\njudgment is good and can be used against you for twenty years, and your\nmoney, including a portion of your paycheck and/or bank account, may be\ntaken. Also, a judgment will hurt your credit score and can affect your\nability to rent a home, find a job, or take out a loan."\n
N.Y. ENV Law § 17-0705 — New York Code / Act ENV / Article 17 / Title 7 / Section 17-0705
Certificates of compliance for purposes of the Real Property Tax Law
Status: in_force

§ 17-0705. Certificates of compliance for purposes of the Real Property\n             Tax Law.\n  1. For the purposes of section 477 of the Real Property Tax Law, the\ncommissioner or his designated representative is hereby authorized to\nissue certificates of compliance concerning industrial waste treatment\nfacilities, and industrial waste treatment controlled process facilities\nas defined in such law. No such certificate shall be issued unless the\nfacility to which it is applicable is in compliance with applicable\nprovisions of titles 1 to 11, inclusive, and title 19 of article 17,\narticle 19, and title 1 of article 27 of this chapter; of the Public\nHealth Law; of the state sanitary code and of regulations, permits or\norders issued pursuant thereto.\n  2. In the case of facilities which have not been completed prior to\nthe close of a taxable status date with respect to which an exemption\nmay be claimed under the Real Property Tax Law, a temporary certificate\nof compliance may be issued if the commissioner or his representative is\nsatisfied, on the basis of the construction which has taken place, that\nsuch facilities, when completed, will be in compliance with the\nprovisions of titles 1 to 11, inclusive, and title 19 of article 17,\narticle 19, and title 1 of article 27 of this chapter; of the Public\nHealth Law; of the state sanitary code, and regulations, permits or\norders issued pursuant thereto. Such a temporary certificate shall apply\nonly to taxes levied as of the taxable status date with respect to which\nsuch a certificate is issued.\n
N.Y. VAT Law § 1272 — New York Code / Act VAT / Title 7 / Article 34-C / Section 1272
Operating electric personal assistive mobility devices
Status: in_force

§ 1272. Operating electric personal assistive mobility devices. 1. No\nelectric personal assistive mobility device shall be used to carry more\npersons at one time than the number for which such device is designed\nand equipped. No person operating an electric personal assistive\nmobility device shall carry any person as a passenger in a pack fastened\nto the operator or fastened to such device.\n  2. No person shall operate an electric personal assistive mobility\ndevice outside during the period of time between one-half hour after\nsunset and one-half hour before sunrise unless such person is wearing\nreadily visible reflective clothing or material which is of a light or\nbright color.\n  3. No person operating an electric personal assistive mobility device\nshall carry any package, bundle or article which prevents the operator\nfrom keeping at least one hand upon the handle bars or which obstructs\nhis or her vision in any direction.\n  4. Every person operating an electric personal assistive mobility\ndevice shall yield the right of way to pedestrians and motor vehicles.\n  5. Every operator of an electric personal assistive mobility device\nshall be sixteen years of age or older.\n  6. No person shall operate an electric personal assistive mobility\ndevice in a state park or historic site.\n  7. If the governing body of any county not wholly included within a\ncity, city with a population of less than one million, town or village\nshall authorize the use of electric personal assistive mobility devices\nupon any sidewalk, such authorization shall not permit the operation\nthereof at a speed in excess of eight miles per hour. Additionally, if\nsuch authorization is granted, no operator of an electric personal\nassistive mobility device shall overtake a pedestrian on a sidewalk\nunless there is adequate space for the personal assistive mobility\ndevice to pass around the pedestrian and warning is given to such\npedestrian through the audible device defined in subdivision two of\nsection twelve hundred seventy-five of this article.\n  8. A first violation of the provisions of this section shall result in\nno fine. A second or subsequent violation shall result in a civil fine\nnot to exceed fifty dollars.\n
N.Y. VAT Law § 1111-G — New York Code / Act VAT / Title 7 / Article 24 / Section 1111-G
Owner liability for failure of operator to comply with traffic-control indications
Status: in_force

* § 1111-g. Owner liability for failure of operator to comply with\ntraffic-control indications. (a) 1. Notwithstanding any other provision\nof law, the city of Syracuse is hereby authorized and empowered to adopt\nand amend a local law or ordinance establishing a demonstration program\nimposing monetary liability on the owner of a vehicle for failure of an\noperator thereof to comply with traffic-control indications in such city\nin accordance with the provisions of this section. Such demonstration\nprogram shall empower such city to install and operate traffic-control\nsignal photo violation-monitoring devices at no more than thirty-six\nintersections within such city at any one time.\n  2. Such demonstration program shall utilize necessary technologies to\nensure, to the extent practicable, that photographs produced by such\ntraffic-control signal photo violation-monitoring systems shall not\ninclude images that identify the driver, the passengers, or the contents\nof the vehicle. Provided, however, that no notice of liability issued\npursuant to this section shall be dismissed solely because a photograph\nor photographs allow for the identification of the contents of a\nvehicle, provided that such city has made a reasonable effort to comply\nwith the provisions of this paragraph.\n  (b) In any such city which has adopted a local law or ordinance\npursuant to subdivision (a) of this section, the owner of a vehicle\nshall be liable for a penalty imposed pursuant to this section if such\nvehicle was used or operated with the permission of the owner, express\nor implied, in violation of subdivision (d) of section eleven hundred\neleven of this article, and such violation is evidenced by information\nobtained from a traffic-control signal photo violation-monitoring\nsystem; provided however that no owner of a vehicle shall be liable for\na penalty imposed pursuant to this section where the operator of such\nvehicle has been convicted of the underlying violation of subdivision\n(d) of section eleven hundred eleven of this article.\n  (c) For purposes of this section, "owner" shall have the meaning\nprovided in article two-B of this chapter. For purposes of this section,\n"traffic-control signal photo violation-monitoring system" shall mean a\nvehicle sensor installed to work in conjunction with a traffic-control\nsignal which automatically produces two or more photographs, two or more\nmicrophotographs, a videotape or other recorded images of each vehicle\nat the time it is used or operated in violation of subdivision (d) of\nsection eleven hundred eleven of this article.\n  (d) A certificate, sworn to or affirmed by a technician employed by\nthe city of Syracuse in which the charged violation occurred, or a\nfacsimile thereof, based upon inspection of photographs,\nmicrophotographs, videotape or other recorded images produced by a\ntraffic- control signal photo violation-monitoring system, shall be\nprima facie evidence of the facts contained therein. Any photographs,\nmicrophotographs, videotape or other recorded images evidencing such a\nviolation shall be available for inspection in any proceeding to\nadjudicate the liability for such violation pursuant to a local law or\nordinance adopted pursuant to this section.\n  (e) An owner liable for a violation of subdivision (d) of section\neleven hundred eleven of this article pursuant to a local law or\nordinance adopted pursuant to this section shall be liable for monetary\npenalties in accordance with a schedule of fines and penalties to be set\nforth in such local law or ordinance, except that if such city by local\nlaw has authorized the adjudication of such owner liability by a parking\nviolations bureau, such schedule shall be promulgated by such bureau.\nThe liability of the owner pursuant to this section shall not exceed\nfifty dollars for each violation; provided, however, that such local law\nor ordinance may provide for an additional penalty not in excess of\ntwenty-five dollars for each violation for the failure to respond to a\nnotice of liability within the prescribed time period.\n  (f) An imposition of liability under a local law or ordinance adopted\npursuant to this section shall not be deemed a conviction as an operator\nand shall not be made part of the operating record of the person upon\nwhom such liability is imposed nor shall it be used for insurance\npurposes in the provision of motor vehicle insurance coverage.\n  (g) 1. A notice of liability shall be sent by first class mail to each\nperson alleged to be liable as an owner for a violation of subdivision\n(d) of section eleven hundred eleven of this article pursuant to this\nsection. Personal delivery on the owner shall not be required. A manual\nor automatic record of mailing prepared in the ordinary course of\nbusiness shall be prima facie evidence of the facts contained therein.\n  2. A notice of liability shall contain the name and address of the\nperson alleged to be liable as an owner for a violation of subdivision\n(d) of section eleven hundred eleven of this article pursuant to this\nsection, the registration number of the vehicle involved in such\nviolation, the location where such violation took place, the date and\ntime of such violation and the identification number of the camera which\nrecorded the violation or other document locator number.\n  3. The notice of liability shall contain information advising the\nperson charged of the manner and the time in which he or she may contest\nthe liability alleged in the notice. Such notice of liability shall also\ncontain a warning to advise the persons charged that failure to contest\nin the manner and time provided shall be deemed an admission of\nliability and that a default judgment may be entered thereon.\n  4. The notice of liability shall be prepared and mailed by the city of\nSyracuse, or by any other entity authorized by such city to prepare and\nmail such notification of violation.\n  (h) Adjudication of the liability imposed upon owners by this section\nshall be by a traffic violations bureau established pursuant to section\nthree hundred seventy of the general municipal law or, if there be none,\nby the court having jurisdiction over traffic infractions, except that\nif such city has established an administrative tribunal to hear and\ndetermine complaints of traffic infractions constituting parking,\nstanding or stopping violations such city may, by local law, authorize\nsuch adjudication by such tribunal.\n  (i) If an owner receives a notice of liability pursuant to this\nsection for any time period during which the vehicle was reported to the\npolice department as having been stolen, it shall be a valid defense to\nan allegation of liability for a violation of subdivision (d) of section\neleven hundred eleven of this article pursuant to this section that the\nvehicle had been reported to the police as stolen prior to the time the\nviolation occurred and had not been recovered by such time. For purposes\nof asserting the defense provided by this subdivision it shall be\nsufficient that a certified copy of the police report on the stolen\nvehicle be sent by first class mail to the traffic violations bureau,\ncourt having jurisdiction or parking violations bureau.\n  (j) 1. In such city where the adjudication of liability imposed upon\nowners pursuant to this section is by a traffic violations bureau or a\ncourt having jurisdiction, an owner who is a lessor of a vehicle to\nwhich a notice of liability was issued pursuant to subdivision (g) of\nthis section shall not be liable for the violation of subdivision (d) of\nsection eleven hundred eleven of this article, provided that he or she\nsends to the traffic violations bureau or court having jurisdiction a\ncopy of the rental, lease or other such contract document covering such\nvehicle on the date of the violation, with the name and address of the\nlessee clearly legible, within thirty-seven days after receiving notice\nfrom the bureau or court of the date and time of such violation,\ntogether with the other information contained in the original notice of\nliability. Failure to send such information within such thirty-seven day\ntime period shall render the owner liable for the penalty prescribed by\nthis section. Where the lessor complies with the provisions of this\nparagraph, the lessee of such vehicle on the date of such violation\nshall be deemed to be the owner of such vehicle for purposes of this\nsection, shall be subject to liability for the violation of subdivision\n(d) of section eleven hundred eleven of this article pursuant to this\nsection and shall be sent a notice of liability pursuant to subdivision\n(g) of this section.\n  2. a. In such city which, by local law, has authorized the\nadjudication of liability imposed upon owners by this section by a\nparking violations bureau, an owner who is a lessor of a vehicle to\nwhich a notice of liability was issued pursuant to subdivision (g) of\nthis section shall not be liable for the violation of subdivision (d) of\nsection eleven hundred eleven of this article, provided that:\n  (A) prior to the violation, the lessor has filed with the bureau in\naccordance with the provisions of section two hundred thirty-nine of\nthis chapter; and\n  (B) within thirty-seven days after receiving notice from the bureau of\nthe date and time of a liability, together with the other information\ncontained in the original notice of liability, the lessor submits to the\nbureau the correct name and address of the lessee of the vehicle\nidentified in the notice of liability at the time of such violation,\ntogether with such other additional information contained in the rental,\nlease or other contract document, as may be reasonably required by the\nbureau pursuant to regulations that may be promulgated for such purpose.\n  b. Failure to comply with clause (B) of subparagraph a of this\nparagraph shall render the owner liable for the penalty prescribed in\nthis section.\n  c. Where the lessor complies with the provisions of this paragraph,\nthe lessee of such vehicle on the date of such violation shall be deemed\nto be the owner of such vehicle for purposes of this section, shall be\nsubject to liability for such violation pursuant to this section and\nshall be sent a notice of liability pursuant to subdivision (g) of this\nsection.\n  (k) 1. If the owner liable for a violation of subdivision (d) of\nsection eleven hundred eleven of this article pursuant to this section\nwas not the operator of the vehicle at the time of the violation, the\nowner may maintain an action for indemnification against the operator.\n  2. Notwithstanding any other provision of this section, no owner of a\nvehicle shall be subject to a monetary fine imposed pursuant to this\nsection if the operator of such vehicle was operating such vehicle\nwithout the consent of the owner at the time such operator failed to\nobey a traffic-control indication. For purposes of this subdivision\nthere shall be a presumption that the operator of such vehicle was\noperating such vehicle with the consent of the owner at the time such\noperator failed to obey a traffic-control indication.\n  (l) Nothing in this section shall be construed to limit the liability\nof an operator of a vehicle for any violation of subdivision (d) of\nsection eleven hundred eleven of this article.\n  (m) Any city that adopts a demonstration program pursuant to\nsubdivision (a) of this section shall submit an annual report detailing\nthe results of the use of such traffic-control signal photo\nviolation-monitoring system to the governor, the temporary president of\nthe senate and the speaker of the assembly on or before the first day of\nJune next succeeding the effective date of this section and on the same\ndate in each succeeding year in which the demonstration program is\noperable.  Such report shall include, but not be limited to:\n  1. a description of the locations where traffic-control signal photo\nviolation-monitoring systems were used;\n  2. the aggregate number, type and severity of accidents reported at\nintersections where a traffic-control signal photo violation-monitoring\nsystem is used for the three years preceding the installation of such\nsystem, to the extent the information is maintained by the department of\nmotor vehicles of this state;\n  3. the aggregate number, type and severity of accidents reported at\nintersections where a traffic-control signal photo violation-monitoring\nsystem is used for the reporting year, as well as for each year that the\ntraffic-control signal photo violation-monitoring system has been\noperational, to the extent the information is maintained by the\ndepartment of motor vehicles of this state;\n  4. the number of events and number of violations recorded at each\nintersection where a traffic-control signal photo violation-monitoring\nsystem is used and in the aggregate on a daily, weekly and monthly\nbasis;\n  5. the number of notices of liability issued for violations recorded\nby such system at each intersection where a traffic-control signal photo\nviolation-monitoring system is used;\n  6. the number of fines imposed and total amount of fines paid after\nfirst notice of liability issued for violations recorded by such\nsystems;\n  7. the number and percentage of violations adjudicated and results of\nsuch adjudications including breakdowns of dispositions made for\nviolations recorded by such systems;\n  8. the total amount of revenue realized by such city from such\nadjudications including a breakdown of revenue realized by such city for\neach year since deployment of its traffic-control signal photo\nviolation-monitoring system;\n  9. expenses incurred by such city in connection with the program; and\n  10. quality of the adjudication process and its results.\n  (n) It shall be a defense to any prosecution for a violation of\nsubdivision (d) of section eleven hundred eleven of this article\npursuant to a local law or ordinance adopted pursuant to this section\nthat such traffic-control indications were malfunctioning at the time of\nthe alleged violation.\n  * NB There are 2 § 1111-g's\n  * NB Repealed October 28, 2028\n
N.Y. PBA Law § 1174-A — New York Code / Act PBA / Article 5 / Title 7-A / Section 1174-A
Title
Status: in_force

§ 1174-a. Title. This title may be cited as the "water authority of\nSoutheastern Nassau county act".\n
N.Y. VAT Law § 1223-A — New York Code / Act VAT / Title 7 / Article 33 / Section 1223-A
School buses; required identification
Status: in_force

§ 1223-a. School buses; required identification. All school buses, as\ndefined in section one hundred forty-two of this chapter, purchased,\nleased or acquired on or after September first, nineteen hundred\nninety-seven shall have the area code and telephone number of the owner\nand/or operator printed  in three inch bold type on the rear of such\nvehicle.  Provided, however, that nothing contained herein shall be\ndeemed to prohibit the printing of such information as herein provided\non school buses purchased, acquired or leased prior to September first,\nnineteen hundred ninety-seven.\n
N.Y. ENV Law § 29-0701 — New York Code / Act ENV / Article 29 / Title 7 / Section 29-0701
Financial requirements for low-level radioactive waste disposal facilities
Status: in_force

§ 29-0701. Financial requirements for low-level radioactive waste\n             disposal facilities.\n  1. Within eighteen months after the effective date of this section,\nthe commissioner shall promulgate regulations applicable to facilities\nfor the permanent disposal of low-level radioactive waste which identify\nfinancial requirements to be included as conditions in permits for\nfacilities for the management of low-level radioactive waste. Such\nconditions shall provide for the remediation of failures during\noperation and after facility closure, for facility closure, and for\npre-closure and post-closure facility monitoring and maintenance.  Such\nregulations shall:\n  a. Reflect due consideration of the sizes and locations of affected\nfacilities, the natures and volume of low-level radioactive waste\ninvolved, the types of facilities and the degrees and durations of risk\nto human health or the environment.\n  b. Provide for the establishment, administration, terms and conditions\nof the following methods or instruments to be used as alternatives or in\ncombinations, in order to achieve non-duplicative coverage of the\nfinancial assurance requirements mandated by this section:\n  (i) Trust funds.\n  (ii) Surety or performance bonds.\n  (iii) Letters of credit.\n  (iv) Liability insurance or annuities.\n  (v) Guarantees provided by corporate or other legal or financial\naffiliates of the facility owner or operator.\n  c. Establish the duration of such financial requirements.\n  2. Any owner or operator of such a facility for the management of\nlow-level radioactive waste may request a modification of any of the\nfinancial requirements established pursuant to subdivision one of this\nsection. A modification may be granted in the discretion of the\ndepartment if such financial requirements are found to be unnecessary or\ninappropriate, consistent with the public interest and the purposes of\nthis section and supported by written findings setting forth the reasons\nfor the modification. Such a modification request shall be considered a\nrequest for modification of the permit for the facility.  In no case\nshall a modification granted pursuant to this subdivision eliminate or\nreduce the minimum requirements established in subdivision four of this\nsection.\n  3. In addition to the financial requirements established pursuant to\nsubdivision one of this section, any permits for such facilities for the\nmanagement of low-level radioactive waste issued by the department may,\nif it is determined that adequate protection of the public so requires,\ninclude conditions related to any or all of the following, including\nresponsibility for the costs thereof:\n  a. On-site environmental monitors whose function shall be to monitor\ncompliance with permit conditions. The commissioner may promulgate\nregulations regarding the use of such monitors.\n  b. Site safety plans whereby the permittee shall establish, with the\ncooperation of local government officials, a community and project\nsafety plan, including but not limited to an accident response based on\na worst-case condition, on-site and off-site, a personnel training\nprogram, provisions for coordination with local emergency services and\nregular training exercises. Any such plan shall be subject to the\napproval of the department.\n  4. Any permits for such facilities for the management of low-level\nradioactive waste issued by the department shall require the owner or\noperator to provide, at a minimum, one of the methods or instruments of\nfinancial assurance provided for in paragraph b of subdivision one of\nthis section. Such methods or instruments shall be designed to insure\nproper facility closure, based on the estimates approved pursuant to\nsection 29-0703 of this title, and coverage of personal injury and\nproperty damage to third parties caused by the operation of such\nfacility. Such methods or instruments shall from time to time be\nreviewed and updated, pursuant to regulations promulgated by the\ndepartment, to insure their continued adequacy for the purposes of this\nsection.\n
N.Y. ENV Law § 13-0703 — New York Code / Act ENV / Article 13 / Title 7 / Section 13-0703
Definitions
Status: in_force

§ 13-0703. Definitions.\n  1. "Coastal community" shall mean a municipal corporation, as defined\nin section two of the general municipal law, in Nassau and Suffolk\ncounties.\n  2. "Seagrass" shall mean rooted, vascular, flowering marine plants\nthat are submerged in New York's bays and coastal waters, including\nZostera marina and Ruppia maritima.\n
N.Y. VAT Law § 1130 — New York Code / Act VAT / Title 7 / Article 25 / Section 1130
Divided and controlled-access highways
Status: in_force

§ 1130. Divided and controlled-access highways. 1. Whenever any\nhighway has been divided into two or more roadways by leaving an\nintervening space or by a physical barrier or clearly indicated dividing\nsection so constructed as to impede vehicular traffic, every vehicle\nshall be driven only upon the right-hand roadway unless directed or\npermitted to use another roadway by official traffic-control devices or\npolice officers. No vehicle shall be driven over, across, or within any\nsuch dividing space, barrier, or section, except through an opening in\nsuch physical barrier or dividing section or space or at a crossover or\nintersection, as established, unless specifically authorized by public\nauthority.\n  2. No person shall drive a motor vehicle or motorcycle onto or from\nany controlled-access highway except at the established entrances and\nexits thereof unless directed or permitted to use another entrance or\nexit by official traffic-control devices or police officers.\n
N.Y. ENV Law § 58-0701 — New York Code / Act ENV / Article 58 / Title 7 / Section 58-0701
Allocation of moneys
Status: in_force

§ 58-0701. Allocation of moneys.\n  Of the moneys received by the state from the sale of bonds pursuant to\nthe environmental bond act of 2022, up to one billion five hundred\nmillion dollars ($1,500,000,000) shall be made available for\ndisbursements for climate change mitigation projects developed pursuant\nto section 58-0703 of this title. Not less than four hundred million\ndollars ($400,000,000) of this amount shall be available for green\nbuildings projects, not less than one hundred million dollars\n($100,000,000) for climate adaptation and mitigation projects pursuant\nto paragraph c of subdivision one of section 58-0703 of this title, not\nless than two hundred million dollars ($200,000,000) shall be available\nfor disbursement to reduce or eliminate water pollution or air pollution\naffecting disadvantaged communities pursuant to paragraphs f and g of\nsubdivision one of section 58-0703 of this title, and not less than five\nhundred million dollars ($500,000,000) for costs associated with the\npurchase of or conversion to zero emission school buses and supporting\ninfrastructure as set forth in paragraph h of subdivision one of section\n58-0703 of this title.\n
N.Y. RSS Law § 63-G*2 — New York Code / Act RSS / Article 2 / Title 7 / Section 63-G*2
Disability benefits; certain disabilities
Status: in_force

* § 63-g. Disability benefits; certain disabilities. Notwithstanding\nany provision of this chapter or of any general, special or local law to\nthe contrary, any member who is a county fire marshal, fire marshal,\nsupervising fire marshal, division supervising fire marshal, assistant\nchief fire marshal, chief fire marshal, assistant fire marshal, or fire\nmarshal trainee employed by Nassau county who contracts any condition of\nimpairment of health caused by diseases of the heart, resulting in\ndisability or death to such county fire marshal, fire marshal,\nsupervising fire marshal, division supervising fire marshal, assistant\nchief fire marshal, chief fire marshal, assistant fire marshal, or fire\nmarshal trainee, presently employed, and who shall have sustained such\ndisability while so employed, shall be presumptive evidence that such\ndisability was incurred in the performance and discharge of duty and the\nnatural and proximate result of an accident, unless the contrary be\nproved by competent evidence; provided, however, that prior to entry\ninto service, such county fire marshal, fire marshal, supervising fire\nmarshal, division supervising fire marshal, assistant chief fire\nmarshal, chief fire marshal, assistant fire marshal, or fire marshal\ntrainee successfully passed a physical examination which failed to\ndisclose evidence of any disease or other impairment of the heart.\n  * NB There are 2 § 63-g's\n