NY Veh & Traf L § 240 (2021)
2021 New York Laws VAT - Vehicle and Traffic Title 2 - Department of Motor Vehicles; Commissioner Article 2-B - Adjudication of Parking Infractions 240 - Hearings, Notice and Conduct.

§ 240. Hearings, notice and conduct.  * 1. Notice of hearing. Whenever   a  person  charged with a parking violation enters a plea of not guilty;   or a person alleged to be liable in accordance with  any  provisions  of   law specifically authorizing the imposition of monetary liability on the   owner  of  a  vehicle for failure of an operator thereof: to comply with   traffic-control indications in violation of subdivision (d)  of  section   eleven  hundred  eleven  of  this  chapter  through the installation and   operation of traffic-control signal photo violation-monitoring  systems,   in  accordance  with  article  twenty-four of this chapter; or to comply   with certain posted maximum speed limits  in  violation  of  subdivision   (b),  (c),  (d),  (f)  or  (g)  of section eleven hundred eighty of this   chapter through the installation and operation of photo speed  violation   monitoring  systems,  in accordance with article thirty of this chapter;   or  to  comply  with  bus  lane  restrictions  as  defined  by   article   twenty-four  of  this  chapter through the installation and operation of   bus lane photo devices, in accordance with article twenty-four  of  this   chapter; or to comply with toll collection regulations of certain public   authorities  through  the installation and operation of photo-monitoring   systems, in accordance with the provisions of section two thousand  nine   hundred   eighty-five   of  the  public  authorities  law  and  sections   sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four   of the laws of nineteen hundred fifty; or  to  stop  for  a  school  bus   displaying  a  red  visual signal in violation of section eleven hundred   seventy-four of this chapter through the installation and  operation  of   school  bus  photo  violation  monitoring  systems,  in  accordance with   article twenty-nine of this chapter, or to comply  with  certain  posted   maximum speed limits in violation of subdivision (b), (d), (f) or (g) of   section   eleven  hundred  eighty  of  this  chapter  within  a  highway   construction or maintenance  work  area  through  the  installation  and   operation  of  photo  speed  violation monitoring systems, in accordance   with article thirty of  this  chapter,  contests  such  allegation,  the   bureau  shall  advise such person personally by such form of first class   mail as the director may direct of the date on  which  he  or  she  must   appear  to  answer the charge at a hearing. The form and content of such   notice of hearing shall be prescribed by the director, and shall contain   a warning to advise the person so pleading or contesting that failure to   appear on the date designated, or  on  any  subsequent  adjourned  date,   shall  be  deemed an admission of liability, and that a default judgment   may be entered thereon.* NB There are 2 sb 1's* 1. Notice of hearing. Whenever  a  person  charged  with  a  parking   violation  enters a plea of not guilty; or a person alleged to be liable   in accordance with any provisions of law  specifically  authorizing  the   imposition  of  monetary liability on the owner of a vehicle for failure   of an operator thereof: to comply with  traffic-control  indications  in   violation  of  subdivision  (d) of section eleven hundred eleven of this   chapter through the installation and operation of traffic-control signal   photo  violation-monitoring  systems,   in   accordance   with   article   twenty-four  of  this  chapter; or to comply with certain posted maximum   speed limits in violation of subdivision (b), (c), (d), (f)  or  (g)  of   section  eleven  hundred eighty of this chapter through the installation   and operation of photo speed violation monitoring systems, in accordance   with article thirty  of  this  chapter;  or  to  comply  with  bus  lane   restrictions  as  defined by article twenty-four of this chapter through   the installation and operation of bus lane photo devices, in  accordance   with  article  twenty-four  of  this  chapter;  or  to  comply with toll   collection  regulations  of  certain  public  authorities  through   the   installation  and  operation  of photo-monitoring systems, in accordance    with the provisions of section two thousand nine hundred eighty-five  of   the  public  authorities  law  and  sections  sixteen-a,  sixteen-b  and   sixteen-c of chapter seven hundred seventy-four of the laws of  nineteen   hundred  fifty;  or  to  stop  for  a school bus displaying a red visual   signal in violation of  section  eleven  hundred  seventy-four  of  this   chapter  through  the  installation  and  operation  of school bus photo   violation monitoring systems, in accordance with article twenty-nine  of   this  chapter,  contests  such  allegation, the bureau shall advise such   person personally by such form of first class mail as the  director  may   direct  of  the date on which he or she must appear to answer the charge   at a hearing. The form and content of such notice of  hearing  shall  be   prescribed  by  the  director, and shall contain a warning to advise the   person so pleading or contesting that failure  to  appear  on  the  date   designated,  or  on  any  subsequent  adjourned date, shall be deemed an   admission of liability, and that  a  default  judgment  may  be  entered   thereon.* NB There are 2 sb 1's* 1-a.  Fines  and  penalties.  Whenever a plea of not guilty has been   entered, or the bureau has been notified that an allegation of liability   in accordance  with  provisions  of  law  specifically  authorizing  the   imposition  of  monetary liability on the owner of a vehicle for failure   of an operator thereof: to comply with  traffic-control  indications  in   violation  of  subdivision  (d) of section eleven hundred eleven of this   chapter through the installation and operation of traffic-control signal   photo  violation-monitoring  systems,   in   accordance   with   article   twenty-four  of  this  chapter; or to comply with certain posted maximum   speed limits in violation of subdivision (b), (c), (d), (f)  or  (g)  of   section  eleven  hundred eighty of this chapter through the installation   and operation of photo speed violation monitoring systems, in accordance   with article thirty  of  this  chapter;  or  to  comply  with  bus  lane   restrictions  as  defined by article twenty-four of this chapter through   the installation and operation of bus lane photo devices, in  accordance   with  article  twenty-four  of  this  chapter;  or  to  comply with toll   collection  regulations  of  certain  public  authorities  through   the   installation  and  operation  of photo-monitoring systems, in accordance   with the provisions of section two thousand nine hundred eighty-five  of   the  public  authorities  law  and  sections  sixteen-a,  sixteen-b  and   sixteen-c of chapter seven hundred seventy-four of the laws of  nineteen   hundred  fifty;  or  to  stop  for  a school bus displaying a red visual   signal in violation of  section  eleven  hundred  seventy-four  of  this   chapter  through  the  installation  and  operation  of school bus photo   violation monitoring systems, in accordance with article twenty-nine  of   this  chapter,  or to comply with certain posted maximum speed limits in   violation of subdivision (b), (d), (f) or (g) of section eleven  hundred   eighty of this chapter within a highway construction or maintenance work   area  through  the  installation  and operation of photo speed violation   monitoring systems, in accordance with article thirty of  this  chapter,   is  being  contested, by a person in a timely fashion and a hearing upon   the merits has been demanded, but has not  yet  been  held,  the  bureau   shall  not  issue  any notice of fine or penalty to that person prior to   the date of the hearing.* NB There are 2 sb 1-a's* 1-a. Fines and penalties. Whenever a plea of  not  guilty  has  been   entered, or the bureau has been notified that an allegation of liability   in  accordance  with  provisions  of  law  specifically  authorizing the   imposition of monetary liability on the owner of a vehicle  for  failure   of  an  operator  thereof: to comply with traffic-control indications in   violation of subdivision (d) of section eleven hundred  eleven  of  this    chapter through the installation and operation of traffic-control signal   photo   violation-monitoring   systems,   in   accordance  with  article   twenty-four of this chapter; or to comply with  certain  posted  maximum   speed  limits  in  violation of subdivision (b), (c), (d), (f) or (g) of   section eleven hundred eighty of this chapter through  the  installation   and operation of photo speed violation monitoring systems, in accordance   with  article  thirty  of  this  chapter;  or  to  comply  with bus lane   restrictions as defined by article twenty-four of this  chapter  through   the  installation and operation of bus lane photo devices, in accordance   with article twenty-four  of  this  chapter;  or  to  comply  with  toll   collection   regulations  of  certain  public  authorities  through  the   installation and operation of photo-monitoring  systems,  in  accordance   with  the provisions of section two thousand nine hundred eighty-five of   the  public  authorities  law  and  sections  sixteen-a,  sixteen-b  and   sixteen-c  of chapter seven hundred seventy-four of the laws of nineteen   hundred fifty; or to stop for a  school  bus  displaying  a  red  visual   signal  in  violation  of  section  eleven  hundred seventy-four of this   chapter through the installation  and  operation  of  school  bus  photo   violation  monitoring systems, in accordance with article twenty-nine of   this chapter, is being contested, by a person in a timely fashion and  a   hearing  upon  the  merits has been demanded, but has not yet been held,   the bureau shall not issue any notice of fine or penalty to that  person   prior to the date of the hearing.* NB There are 2 sb 1-a's2.  Conduct of hearings.  * a. Every hearing for the adjudication of a   charge of parking violation or an allegation of liability  of  an  owner   for  a  violation of subdivision (d) of section eleven hundred eleven of   this chapter imposed pursuant to  a  local  law  or  ordinance  imposing   monetary  liability on the owner of a vehicle for failure of an operator   thereof  to  comply  with  traffic-control   indications   through   the   installation    and    operation   of   traffic-control   signal   photo   violation-monitoring systems, in accordance with article twenty-four  of   this  chapter, or an allegation of liability of an owner for a violation   of subdivision (b), (c), (d), (f)  or  (g)  of  section  eleven  hundred   eighty  of  this  chapter  imposed  pursuant  to a demonstration program   imposing monetary liability on the owner of a vehicle for failure of  an   operator  thereof  to  comply  with  certain posted maximum speed limits   through  the  installation  and  operation  of  photo  speed   violation   monitoring  systems,  in accordance with article thirty of this chapter,   or an allegation of liability of an owner for a violation  of  bus  lane   restrictions  as  defined by article twenty-four of this chapter imposed   pursuant to a bus rapid transit program imposing monetary  liability  on   the owner of a vehicle for failure of an operator thereof to comply with   such bus lane restrictions through the installation and operation of bus   lane  photo  devices,  in  accordance  with  article twenty-four of this   chapter, or an allegation of liability of an owner for  a  violation  of   toll  collection  regulations  imposed  by  certain  public  authorities   pursuant to the  law  authorizing  such  public  authorities  to  impose   monetary  liability on the owner of a vehicle for failure of an operator   thereof to comply  with  toll  collection  regulations  of  such  public   authorities  through  the installation and operation of photo-monitoring   systems, in accordance with the provisions of section two thousand  nine   hundred   eighty-five   of  the  public  authorities  law  and  sections   sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four   of the laws of nineteen hundred fifty, or an allegation of liability  of   an  owner for a violation of section eleven hundred seventy-four of this   chapter when meeting a school bus marked and  equipped  as  provided  in   subdivisions   twenty   and   twenty-one-c   of  section  three  hundred    seventy-five of  this  chapter  imposed  pursuant  to  a  local  law  or   ordinance  imposing  monetary  liability  on  the owner of a vehicle for   failure of an operator thereof to comply  with  school  bus  red  visual   signals  through  the  installation  and  operation  of school bus photo   violation monitoring systems, in accordance with article twenty-nine  of   this  chapter, or an allegation of liability of an owner for a violation   of subdivision (b), (d), (f) or (g) of section eleven hundred eighty  of   this  chapter  imposed  pursuant  to  a  demonstration  program imposing   monetary liability on the owner of a vehicle for failure of an  operator   thereof  to  comply  with  certain  posted maximum speed limits within a   highway construction or maintenance work area through  the  installation   and operation of photo speed violation monitoring systems, in accordance   with  article  thirty  of  this  chapter, shall be held before a hearing   examiner in accordance with rules and  regulations  promulgated  by  the   bureau.* NB There are 2 par a's* a.  Every  hearing  for  the  adjudication  of  a  charge of parking   violation or an allegation of liability of an owner for a  violation  of   subdivision (d) of section eleven hundred eleven of this chapter imposed   pursuant  to a local law or ordinance imposing monetary liability on the   owner of a vehicle for failure of an operator  thereof  to  comply  with   traffic-control  indications  through  the installation and operation of   traffic-control signal photo violation-monitoring systems, in accordance   with article twenty-four of this chapter, or an allegation of  liability   of  an owner for a violation of subdivision (b), (c), (d), (f) or (g) of   section eleven hundred eighty of this  chapter  imposed  pursuant  to  a   demonstration  program  imposing  monetary  liability  on the owner of a   vehicle for failure of an operator thereof to comply with certain posted   maximum speed limits through the installation  and  operation  of  photo   speed violation monitoring systems, in accordance with article thirty of   this  chapter, or an allegation of liability of an owner for a violation   of bus lane restrictions as  defined  by  article  twenty-four  of  this   chapter  imposed  pursuant  to  a  bus  rapid  transit  program imposing   monetary liability on the owner of a vehicle for failure of an  operator   thereof   to   comply  with  such  bus  lane  restrictions  through  the   installation and operation of bus lane photo devices, in accordance with   article twenty-four of this chapter, or an allegation of liability of an   owner for a violation of toll collection regulations imposed by  certain   public   authorities   pursuant  to  the  law  authorizing  such  public   authorities to impose monetary liability on the owner of a  vehicle  for   failure   of   an  operator  thereof  to  comply  with  toll  collection   regulations of such public  authorities  through  the  installation  and   operation of photo-monitoring systems, in accordance with the provisions   of   section  two  thousand  nine  hundred  eighty-five  of  the  public   authorities law and  sections  sixteen-a,  sixteen-b  and  sixteen-c  of   chapter  seven  hundred  seventy-four  of  the  laws of nineteen hundred   fifty, or an allegation of liability of an  owner  for  a  violation  of   section  eleven  hundred  seventy-four  of  this  chapter when meeting a   school bus marked and equipped as provided in  subdivisions  twenty  and   twenty-one-c  of  section  three  hundred  seventy-five  of this chapter   imposed pursuant to a local law or ordinance imposing monetary liability   on the owner of a vehicle for failure of an operator thereof  to  comply   with  school  bus  red  visual  signals  through  the  installation  and   operation  of  school  bus  photo  violation  monitoring   systems,   in   accordance  with  article  twenty-nine  of  this  chapter, shall be held   before a hearing examiner  in  accordance  with  rules  and  regulations   promulgated by the bureau.* NB There are 2 par a's b.  No  charge  may  be  established  except upon proof by substantial   evidence.c. The hearing examiner shall not be bound by the rules of evidence in   the  conduct  of  the  hearing,  except  rules  relating  to  privileged   communications.d. The hearing examiner shall at the request of the person charged  on   a  showing  of  good  cause and need therefor, or in his own discretion,   issue a subpoena to compel the appearance at a hearing  of  the  officer   who  served  the  notice  of  violation  or  of  other  persons  to give   testimony, and may issue a subpoena duces tecum to compel the production   for examination or introduction into evidence, of  any  book,  paper  or   other thing relevant to the charges.e.  In  the  case of a refusal to obey a subpoena, the bureau may make   application to  the  Supreme  Court  pursuant  to  section  twenty-three   hundred  eight  of  the  civil  practice  law  and  rules,  for an order   requiring such appearance, testimony or production of evidence.f. The hearing examiner shall not examine the prior  violation  record   of a person charged before making a determination.* g. A record shall be made of a hearing on a plea of not guilty or of   a  hearing  at  which liability in accordance with any provisions of law   specifically authorizing the imposition of  monetary  liability  on  the   owner  of  a  vehicle for failure of an operator thereof: to comply with   traffic-control indications in violation of subdivision (d)  of  section   eleven  hundred  eleven  of  this  chapter  through the installation and   operation of traffic-control signal photo violation-monitoring  systems,   in  accordance  with article twenty-four of this chapter; to comply with   certain posted maximum speed limits in  violation  of  subdivision  (b),   (c),  (d),  (f)  or (g) of section eleven hundred eighty of this chapter   through  the  installation  and  operation  of  photo  speed   violation   monitoring  systems,  in accordance with article thirty of this chapter;   to comply with bus lane restrictions as defined by  article  twenty-four   of this chapter through the installation and operation of bus lane photo   devices,  in  accordance  with  article  twenty-four of this chapter; to   comply with toll collection regulations of  certain  public  authorities   through  the  installation and operation of photo-monitoring systems, in   accordance with the provisions of  section  two  thousand  nine  hundred   eighty-five  of  the  public  authorities  law  and  sections sixteen-a,   sixteen-b and sixteen-c of chapter seven  hundred  seventy-four  of  the   laws of nineteen hundred fifty; or to stop for a school bus displaying a   red visual signal in violation of section eleven hundred seventy-four of   this  chapter through the installation and operation of school bus photo   violation monitoring systems, in accordance with article twenty-nine  of   this  chapter,  or to comply with certain posted maximum speed limits in   violation of subdivision (b), (d), (f) or (g) of section eleven  hundred   eighty of this chapter within a highway construction or maintenance work   area  through  the  installation  and operation of photo speed violation   monitoring systems, in accordance with article thirty of  this  chapter,   is  contested.  Recording  devices  may  be  used  for the making of the   record.* NB There are 2 par g's* g. A record shall be made of a hearing on a plea of not guilty or of   a hearing at which liability in accordance with any  provisions  of  law   specifically  authorizing  the  imposition  of monetary liability on the   owner of a vehicle for failure of an operator thereof:  to  comply  with   traffic-control  indications  in violation of subdivision (d) of section   eleven hundred eleven of  this  chapter  through  the  installation  and   operation  of traffic-control signal photo violation-monitoring systems,   in accordance with article twenty-four of this chapter; to  comply  with    certain  posted  maximum  speed  limits in violation of subdivision (b),   (c), (d), (f) or (g) of section eleven hundred eighty  of  this  chapter   through   the  installation  and  operation  of  photo  speed  violation   monitoring  systems,  in accordance with article thirty of this chapter;   to comply with bus lane restrictions as defined by  article  twenty-four   of this chapter through the installation and operation of bus lane photo   devices,  in  accordance  with  article  twenty-four of this chapter; to   comply with toll collection regulations of  certain  public  authorities   through  the  installation and operation of photo-monitoring systems, in   accordance with the provisions of  section  two  thousand  nine  hundred   eighty-five  of  the  public  authorities  law  and  sections sixteen-a,   sixteen-b and sixteen-c of chapter seven  hundred  seventy-four  of  the   laws of nineteen hundred fifty; or to stop for a school bus displaying a   red visual signal in violation of section eleven hundred seventy-four of   this  chapter through the installation and operation of school bus photo   violation monitoring systems, in accordance with article twenty-nine  of   this chapter, is contested. Recording devices may be used for the making   of the record.* NB There are 2 par g's