§ 371 — Jurisdiction and procedure

* § 371. Jurisdiction and procedure. 1. A traffic violations bureau\nso established may be authorized to dispose of violations of traffic\nlaws, ordinances, rules and regulations when such offenses shall not\nconstitute the traffic infraction known as speeding or a misdemeanor or\nfelony, and, if authorized by local law or ordinance, to adjudicate the\nliability of owners for violations of subdivision (d) of section eleven\nhundred eleven of the vehicle and traffic law in accordance with section\neleven hundred eleven-a of such law or section eleven hundred eleven-b\nof such law as added by sections sixteen of chapters twenty, and\ntwenty-two of the laws of two thousand nine which amended this\nsubdivision, or section eleven hundred eleven-d of such law, or section\neleven hundred eleven-e of such law or section eleven hundred\nseventy-four-a of such law.\n 2. The Nassau county traffic and parking violations agency, as\nestablished, may be authorized to assist the Nassau county district\ncourt, and the Suffolk county traffic and parking violations agency, as\nestablished, may be authorized to assist the Suffolk county district\ncourt, in the disposition and administration of infractions of traffic\nand parking laws, ordinances, rules and regulations and the liability of\nowners for violations of subdivision (d) of section eleven hundred\neleven of the vehicle and traffic law in accordance with section eleven\nhundred eleven-b of such law and the liability of owners for violations\nof section eleven hundred seventy-four of the vehicle and traffic law in\naccordance with section eleven hundred seventy-four-a of such law,\nexcept that such agencies shall not have jurisdiction over (a) the\ntraffic infraction defined under subdivision one of section eleven\nhundred ninety-two of the vehicle and traffic law; (b) the traffic\ninfraction defined under subdivision five of section eleven hundred\nninety-two of the vehicle and traffic law; (c) the violation defined\nunder paragraph (b) of subdivision four of section fourteen-f of the\ntransportation law and the violation defined under clause (b) of\nsubparagraph (iii) of paragraph c of subdivision two of section one\nhundred forty of the transportation law; (d) the traffic infraction\ndefined under section three hundred ninety-seven-a of the vehicle and\ntraffic law and the traffic infraction defined under subdivision (g) of\nsection eleven hundred eighty of the vehicle and traffic law; (e) any\nmisdemeanor or felony; or (f) any offense that is part of the same\ncriminal transaction, as that term is defined in subdivision two of\nsection 40.10 of the criminal procedure law, as a violation of\nsubdivision one of section eleven hundred ninety-two of the vehicle and\ntraffic law, a violation of subdivision five of section eleven hundred\nninety-two of the vehicle and traffic law, a violation of paragraph (b)\nof subdivision four of section fourteen-f of the transportation law, a\nviolation of clause (b) of subparagraph (iii) of paragraph c of\nsubdivision two of section one hundred forty of the transportation law,\na violation of section three hundred ninety-seven-a of the vehicle and\ntraffic law, a violation of subdivision (g) of section eleven hundred\neighty of the vehicle and traffic law or any misdemeanor or felony.\n 2-a. The Buffalo traffic violations agency, as established in\nsubdivision four of section three hundred seventy of this article, may\nbe authorized to assist the Buffalo city court in the disposition and\nadministration of infractions of traffic laws, ordinances, rules and\nregulations except that such agency shall not have jurisdiction over (a)\nthe traffic infraction defined under subdivision one of section eleven\nhundred ninety-two of the vehicle and traffic law; (b) the traffic\ninfraction defined under subdivision five of section eleven hundred\nninety-two of the vehicle and traffic law; (c) the violation defined\nunder paragraph (b) of subdivision four of section fourteen-f of the\ntransportation law and the violation defined under clause (b) of\nsubparagraph (iii) of paragraph c of subdivision two of section one\nhundred forty of the transportation law; (d) the traffic infraction\ndefined under section three hundred ninety-seven-a of the vehicle and\ntraffic law and the traffic infraction defined under subdivision (g) of\nsection eleven hundred eighty of the vehicle and traffic law; (e)\ntraffic infractions constituting parking, standing, stopping or\npedestrian offenses; (f) any misdemeanor or felony; or (g) any offense\nthat is part of the same criminal transaction, as that term is defined\nin subdivision two of section 40.10 of the criminal procedure law, as a\nviolation of subdivision one of section eleven hundred ninety-two of the\nvehicle and traffic law, a violation of subdivision five of section\neleven hundred ninety-two of the vehicle and traffic law, a violation of\nparagraph (b) of subdivision four of section fourteen-f of the\ntransportation law, a violation of clause (b) of subparagraph (iii) of\nparagraph c of subdivision two of section one hundred forty of the\ntransportation law, a violation of section three hundred ninety-seven-a\nof the vehicle and traffic law, a violation constituting a parking,\nstopping, standing or pedestrian offense, a violation of subdivision (g)\nof section eleven hundred eighty of the vehicle and traffic law or any\nmisdemeanor or felony.\n 2-b. The Rochester traffic violations agency, as established in\nsubdivision five of section three hundred seventy of this article, may\nbe authorized to assist the Rochester city court in the disposition and\nadministration of infractions of traffic laws, ordinances, rules and\nregulations except that such agency shall not have jurisdiction over (a)\nthe traffic infraction defined under subdivision one of section eleven\nhundred ninety-two of the vehicle and traffic law; (b) the traffic\ninfraction defined under subdivision five of section eleven hundred\nninety-two of the vehicle and traffic law; (c) the violation defined\nunder paragraph (b) of subdivision four of section fourteen-f of the\ntransportation law and the violation defined under clause (b) of\nsubparagraph (iii) of paragraph c of subdivision two of section one\nhundred forty of the transportation law; (d) the traffic infraction\ndefined under section three hundred ninety-seven-a of the vehicle and\ntraffic law and the traffic infraction defined under subdivision (g) of\nsection eleven hundred eighty of the vehicle and traffic law; (e)\ntraffic infractions constituting parking, standing, stopping or\npedestrian offenses; (f) any misdemeanor or felony; or (g) any offense\nthat is part of the same criminal transaction, as that term is defined\nin subdivision two of section 40.10 of the criminal procedure law, as a\nviolation of subdivision one of section eleven hundred ninety-two of the\nvehicle and traffic law, a violation of subdivision five of section\neleven hundred ninety-two of the vehicle and traffic law, a violation of\nparagraph (b) of subdivision four of section fourteen-f of the\ntransportation law, a violation of clause (b) of subparagraph (iii) of\nparagraph c of subdivision two of section one hundred forty of the\ntransportation law, a violation of section three hundred ninety-seven-a\nof the vehicle and traffic law, a violation constituting a parking,\nstopping, standing or pedestrian offense, a violation of subdivision (g)\nof section eleven hundred eighty of the vehicle and traffic law or any\nmisdemeanor or felony.\n 3. A person charged with an infraction which shall be disposed of by\neither a traffic violations bureau, the Nassau county traffic and\nparking violations agency, or the Suffolk county traffic and parking\nviolations agency may be permitted to answer, within a specified time,\nat the traffic violations bureau, in Nassau county at the traffic and\nparking violations agency and in Suffolk county at the traffic and\nparking violations agency, either in person or by written power of\nattorney in such form as may be prescribed in the ordinance or local law\ncreating the bureau or agency, by paying a prescribed fine and, in\nwriting, waiving a hearing in court, pleading guilty to the charge or\nadmitting liability as an owner for the violation of subdivision (d) of\nsection eleven hundred eleven of the vehicle and traffic law, as the\ncase may be, and authorizing the person in charge of the bureau or\nagency to enter such a plea or admission and accept payment of said\nfine. Acceptance of the prescribed fine and power of attorney by the\nbureau or agency shall be deemed complete satisfaction for the violation\nor of the liability, and the violator or owner liable for a violation of\nsubdivision (d) of section eleven hundred eleven of the vehicle and\ntraffic law shall be given a receipt which so states. If a person\ncharged with a traffic violation does not answer as hereinbefore\nprescribed, within a designated time, the bureau or agency may cause a\ncomplaint to be entered against him forthwith and a warrant to be issued\nfor his arrest and appearance before the court, such summons to be\npredicated upon the personal service of said summons upon the person\ncharged with the infraction. Any person who shall have been, within the\npreceding twelve months, guilty of a number of parking violations in\nexcess of such maximum number as may be designated by the court, or of\nthree or more violations other than parking violations, shall not be\npermitted to appear and answer to a subsequent violation at the traffic\nviolations bureau or agency, but must appear in court at a time\nspecified by the bureau or agency. Such bureau or agency shall not be\nauthorized to deprive a person of his right to counsel or to prevent him\nfrom exercising his right to appear in court to answer to, explain, or\ndefend any charge of a violation of any traffic law, ordinance, rule or\nregulation.\n 3-a. A person charged with an infraction which shall be disposed of by\nthe Buffalo traffic violations agency may be permitted to answer, within\na specified time, at the traffic violations agency either in person or\nby written power of attorney in such form as may be prescribed in the\nordinance or local law creating the agency, by paying a prescribed fine\nand, in writing, waiving a hearing in court, pleading guilty to the\ncharge or a lesser charge agreeable to the traffic prosecutor and the\nperson charged with an infraction, and authorizing the person in charge\nof the agency to enter such a plea and accept payment of said fine.\nAcceptance of the prescribed fine and power of attorney by the agency\nshall be deemed complete satisfaction for the violation, and the\nviolator shall be given a receipt which so states. If a person charged\nwith a traffic violation does not answer as hereinbefore prescribed,\nwithin a designated time, the agency may cause a complaint to be entered\nagainst him forthwith and a warrant to be issued for his arrest and\nappearance before the court, such summons to be predicated upon the\npersonal service of said summons upon the person charged with the\ninfraction. Any person who shall have been, within the preceding twelve\nmonths, guilty of three or more violations, shall not be permitted to\nappear and answer to a subsequent violation at the agency, but must\nappear in court at a time specified by the agency. Such agency shall not\nbe authorized to deprive a person of his right to counsel or to prevent\nhim from exercising his right to appear in court to answer to, explain,\nor defend any charge of a violation of any traffic law, ordinance, rule\nor regulation.\n 3-b. A person charged with an infraction which shall be disposed of by\nthe Rochester traffic violations agency may be permitted to answer,\nwithin a specified time, at the traffic violations agency either in\nperson or by written power of attorney in such form as may be prescribed\nin the ordinance or local law creating the agency, by paying a\nprescribed fine and, in writing, waiving a hearing in court, pleading\nguilty to the charge or a lesser charge agreeable to the traffic\nprosecutor and the person charged with an infraction, and authorizing\nthe person in charge of the agency to enter such a plea and accept\npayment of said fine. Acceptance of the prescribed fine and power of\nattorney by the agency shall be deemed complete satisfaction for the\nviolation, and the violator shall be given a receipt which so states. If\na person charged with a traffic violation does not answer as\nhereinbefore prescribed, within a designated time, the agency may cause\na complaint to be entered against him forthwith and a warrant to be\nissued for his arrest and appearance before the court, such summons to\nbe predicated upon the personal service of said summons upon the person\ncharged with the infraction. Any person who shall have been, within the\npreceding twelve months, guilty of three or more violations, shall not\nbe permitted to appear and answer to a subsequent violation at the\nagency, but must appear in court at a time specified by the agency. Such\nagency shall not be authorized to deprive a person of his right to\ncounsel or to prevent him from exercising his right to appear in court\nto answer to, explain, or defend any charge of a violation of any\ntraffic law, ordinance, rule or regulation.\n 4. Notwithstanding any inconsistent provision of law, fines, penalties\nand forfeitures collected by the Nassau county or Suffolk county traffic\nand parking violations agency shall be distributed as provided in\nsection eighteen hundred three of the vehicle and traffic law. All\nfines, penalties and forfeitures for violations adjudicated by the\nNassau county or Suffolk county traffic and parking violations agency\npursuant to subdivision two of this section, with the exception of\nparking violations, and except as provided in subdivision three of\nsection ninety-nine-a of the state finance law, shall be paid by such\nagencies to the state comptroller within the first ten days of the month\nfollowing collection. Each such payment shall be accompanied by a true\nand complete report in such form and detail as the comptroller shall\nprescribe.\n 4-a. Notwithstanding any inconsistent provision of law, fines,\npenalties and forfeitures collected by the Buffalo traffic violations\nagency shall be distributed as provided in section eighteen hundred\nthree of the vehicle and traffic law. All fines, penalties and\nforfeitures for violations adjudicated by the Buffalo traffic violations\nagency pursuant to subdivision two-a of this section except as provided\nin subdivision three of section ninety-nine-a of the state finance law,\nshall be paid by such agency to the state comptroller within the first\nten days of the month following collection. Each such payment shall be\naccompanied by a true and complete report in such form and detail as the\ncomptroller shall prescribe.\n 4-b. Notwithstanding any inconsistent provision of law, fines,\npenalties and forfeitures collected by the Rochester traffic violations\nagency shall be distributed as provided in section eighteen hundred\nthree of the vehicle and traffic law. All fines, penalties and\nforfeitures for violations adjudicated by the Rochester traffic\nviolations agency pursuant to subdivision two-a of this section except\nas provided in subdivision three of section ninety-nine-a of the state\nfinance law, shall be paid by such agency to the state comptroller\nwithin the first ten days of the month following collection. Each such\npayment shall be accompanied by a true and complete report in such form\nand detail as the comptroller shall prescribe.\n * NB Effective until December 1, 2029\n * § 371. Jurisdiction and procedure. A traffic violations bureau so\nestablished may be authorized to dispose of violations of traffic laws,\nordinances, rules and regulations when such offenses shall not\nconstitute the traffic infraction known as speeding or a misdemeanor or\nfelony, by permitting a person charged with an offense within the\nlimitations herein stated, to answer, within a specified time, at the\ntraffic violations bureau, either in person or by written power of\nattorney in such form as may be prescribed in the ordinance creating the\nbureau, by paying a prescribed fine and, in writing, waiving a hearing\nin court, pleading guilty to the charge and authorizing the person in\ncharge of the bureau to make such a plea and pay such a fine in court.\nAcceptance of the prescribed fine and power of attorney by the bureau\nshall be deemed complete satisfaction for the violation, and the\nviolator shall be given a receipt which so states. If a person charged\nwith a traffic violation does not answer as hereinbefore prescribed,\nwithin a designated time, the bureau shall cause a complaint to be\nentered against him forthwith and a warrant to be issued for his arrest\nand appearance before the court. Any person who shall have been, within\nthe preceding twelve months, guilty of a number of parking violations in\nexcess of such maximum number as may be designated by the court, or of\nthree or more violations other than parking violations, shall not be\npermitted to appear and answer to a subsequent violation at the traffic\nviolations bureau, but must appear in court at a time specified by the\nbureau. Such traffic violations bureau shall not be authorized to\ndeprive a person of his right to counsel or to prevent him from\nexercising his right to appear in court to answer to, explain, or defend\nany charge of a violation of any traffic law, ordinance, rule or\nregulation.\n * NB Effective December 1, 2029\n