2023 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; or to comply with gross vehicle
weight and/or axle weight restrictions in  violation  of  section  three
hundred  eighty-five  of this chapter and the rules of the department of
transportation of the city of New  York  through  the  installation  and
operation of weigh in motion violation monitoring systems, in accordance
with   article   ten   of   this   chapter;   or   to  comply  with  bus
operation-related traffic regulations as defined by article  twenty-four
of  this  chapter  in  violation  of  the  rules  of  the  department of
transportation of the city of New  York  through  the  installation  and
operation  of  bus  operation-related  photo devices, in accordance with
article twenty-four 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.
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;
or to comply with gross vehicle weight and/or axle  weight  restrictions
in  violation  of  section three hundred eighty-five of this chapter and
the rules of the department of transportation of the city  of  New  York
through  the  installation  and  operation  of weigh in motion violation
monitoring systems, in accordance with article ten of this  chapter;  or
to  comply  with bus operation-related traffic regulations as defined by
article twenty-four of this chapter in violation of  the  rules  of  the
department  of  transportation  of  the  city  of  New  York through the
installation and operation of bus operation-related  photo  devices,  in
accordance with article twenty-four 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.
1-b. (a) In a city having a population of  one  million  or  more,  at
every hearing for the adjudication of a notice of liability, as provided
by  this article, there shall be a rebuttable presumption that the owner
of a first-response emergency vehicle 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 bus operation-related
traffic regulations as defined by article twenty-four of this chapter in
violation of the rules of the department of transportation of  the  city
of   New   York   through   the   installation   and  operation  of  bus
operation-related photo devices, in accordance with article  twenty-four
of  this  chapter is not liable for such alleged violation if such owner

of the first-response emergency vehicle  provides  the  hearing  officer
with:
(i) a signed and affirmed affidavit attesting that the operator of the
first-response emergency vehicle at the time of the alleged violation is
a  medically-trained  first  responder  and  that  the alleged violation
occurred while the operator of the first-response emergency vehicle  was
involved  in  an  emergency  operation  in such vehicle in response to a
medical emergency call; and
(ii) documentation supporting the dispatch of  the  medical  emergency
call  and  the dispatch of the operator and the first-response emergency
vehicle to the scene of the medical emergency.
(b) As used in this subdivision,  "first-response  emergency  vehicle"
shall  mean  ambulances  as  defined  in  section  one hundred-b of this
chapter and emergency ambulance service vehicles as defined  in  section
one hundred fifteen-c of this chapter.
2.  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, or an allegation of liability of an
owner  for  a  violation  of  section  three hundred eighty-five of this
chapter and the rules of the department of transportation of the city of
New York  in  relation  to  gross  vehicle  weight  and/or  axle  weight
violations  imposed  pursuant to a weigh in motion demonstration program
imposing monetary liability on the owner of a vehicle for failure of  an
operator  thereof  to  comply with such gross vehicle weight and/or axle
weight restrictions through the installation and operation of  weigh  in
motion  violation  monitoring systems, in accordance with article ten of
this chapter, or an allegation of liability of an owner for a  violation
of  bus  operation-related  traffic  regulations  as  defined by article
twenty-four 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  such  bus  operation-related  traffic
regulations    through   the   installation   and   operation   of   bus
operation-related photo devices, in accordance with article  twenty-four
of  this  chapter, shall be held before a hearing examiner in accordance
with rules and regulations promulgated by the bureau.
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; 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;  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;
to  comply  with gross vehicle weight and/or axle weight restrictions in
violation of section three hundred eighty-five of this chapter  and  the
rules  of  the  department  of  transportation  of  the city of New York
through the installation and operation  of  weigh  in  motion  violation
monitoring  systems,  in accordance with article ten of this chapter; or
to comply with bus operation-related traffic regulations as  defined  by
article  twenty-four  of  this  chapter in violation of the rules of the
department of transportation  of  the  city  of  New  York  through  the
installation  and  operation  of bus operation-related photo devices, in
accordance with article  twenty-four  of  this  chapter,  is  contested.
Recording devices may be used for the making of the record.