NY Veh & Traf L § 241 (2021)
2021 New York Laws VAT - Vehicle and Traffic Title 2 - Department of Motor Vehicles; Commissioner Article 2-B - Adjudication of Parking Infractions 241 - Final Determinations, Judgments.

§ 241. Final  determinations,  judgments.    * 1. The hearing examiner   shall  make  a  determination  on  the  charges,  either  sustaining  or   dismissing  them. Where the hearing examiner determines that the charges   have been sustained he or she  may  examine  either  the  prior  parking   violations  record  or  the record of liabilities incurred in accordance   with 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,  of  the  person  charged,  as   applicable   prior   to   rendering   a   final   determination.   Final   determinations sustaining or dismissing charges shall be  entered  on  a   final  determination roll maintained by the bureau together with records   showing payment and nonpayment of penalties.* NB There are 2 sb 1's* 1. The hearing examiner shall make a determination on  the  charges,   either  sustaining  or  dismissing  them.  Where  the  hearing  examiner   determines that the charges have been sustained he or  she  may  examine   either  the prior parking violations record or the record of liabilities   incurred  in  accordance  with  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, of the person charged, as applicable prior to rendering a   final  determination.  Final  determinations  sustaining  or  dismissing   charges shall be entered on a final determination roll maintained by the   bureau   together   with  records  showing  payment  and  nonpayment  of   penalties.* NB There are 2 sb 1's* 2. Where an operator or owner fails to enter a plea to a charge of a   parking violation or contest an allegation of  liability  in  accordance   with  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; 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, or fails to appear on a designated   hearing date or subsequent adjourned date or fails after  a  hearing  to   comply  with  the  determination of a hearing examiner, as prescribed by   this article or by rule or regulation of the  bureau,  such  failure  to   plead or contest, appear or comply shall be deemed, for all purposes, an   admission of liability and shall be grounds for rendering and entering a   default  judgment  in an amount provided by the rules and regulations of   the  bureau.  However,  after  the  expiration  of  the  original   date   prescribed  for  entering  a  plea  and before a default judgment may be   rendered, in such case the  bureau  shall  pursuant  to  the  applicable   provisions  of  law notify such operator or owner, by such form of first   class mail as the commission may direct; (1) of the  violation  charged,   or   liability   alleged  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; 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,   (2)  of  the  impending default judgment, (3) that such judgment will be   entered in the Civil Court of the city in  which  the  bureau  has  been   established,  or  other  court  of civil jurisdiction or any other place   provided for the entry of civil judgments within the state of New  York,   and  (4)  that a default may be avoided by entering a plea or contesting   an allegation of liability in accordance  with  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; 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,   or  making  an  appearance  within  thirty  days  of the sending of such    notice. Pleas entered and allegations contested within that period shall   be in the manner prescribed in the notice and not subject to  additional   penalty  or  fee. Such notice of impending default judgment shall not be   required  prior  to  the  rendering  and  entry  thereof  in the case of   operators or owners who are non-residents of the state of New  York.  In   no  case  shall  a  default  judgment  be rendered or, where required, a   notice of impending default judgment be sent, more than two years  after   the  expiration of the time prescribed for entering a plea or contesting   an allegation. When a person has demanded a hearing, no fine or  penalty   shall be imposed for any reason, prior to the holding of the hearing. If   the  hearing  examiner  shall  make  a  determination  on  the  charges,   sustaining them, he or she shall impose no greater penalty or fine  than   those upon which the person was originally charged.* NB There are 2 sb 2's* 2. Where an operator or owner fails to enter a plea to a charge of a   parking  violation  or  contest an allegation of liability in accordance   with 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 fails to appear   on a designated hearing date or subsequent adjourned date or fails after   a hearing to comply with the determination of  a  hearing  examiner,  as   prescribed  by this article or by rule or regulation of the bureau, such   failure to plead or contest, appear or comply shall be deemed,  for  all   purposes,  an  admission of liability and shall be grounds for rendering   and entering a default judgment in an amount provided by the  rules  and   regulations of the bureau. However, after the expiration of the original   date prescribed for entering a plea and before a default judgment may be   rendered,  in  such  case  the  bureau  shall pursuant to the applicable   provisions of law notify such operator or owner, by such form  of  first   class  mail  as the commission may direct; (1) of the violation charged,   or  liability  alleged  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 subdivisions (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, (2) of the  impending  default  judgment,  (3)  that  such   judgment  will  be  entered  in the Civil Court of the city in which the   bureau has been established, or other court of civil jurisdiction or any   other place provided for the entry of civil judgments within  the  state   of New York, and (4) that a default may be avoided by entering a plea or   contesting  an allegation of liability in accordance with 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   subdivisions  (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 making an appearance within   thirty days of the sending of such notice. Pleas entered and allegations   contested within that period shall be in the manner  prescribed  in  the   notice  and  not  subject  to  additional penalty or fee. Such notice of   impending default judgment shall not be required prior to the  rendering   and   entry  thereof  in  the  case  of  operators  or  owners  who  are   non-residents of the state of New York.  In  no  case  shall  a  default   judgment  be  rendered or, where required, a notice of impending default   judgment be sent, more than two years after the expiration of  the  time   prescribed  for  entering  a  plea  or  contesting an allegation. When a   person has demanded a hearing, no fine or penalty shall be  imposed  for   any reason, prior to the holding of the hearing. If the hearing examiner   shall  make  a  determination on the charges, sustaining them, he or she   shall impose no greater penalty or fine than those upon which the person   was originally charged. * NB There are 2 sb 2's3. A judgment entered pursuant to the provisions of this section shall   remain  in  full  force  and  effect for eight years notwithstanding any   other provision of law.