§ 240 — Hearings, notice and conduct

New York § 240

• Jurisdiction: New York
• Law VAT: Vehicle & Traffic
• Title 2: Department of Motor Vehicles; Commissioner
• Art. 2-B: Adjudication of Parking Infractions

Text

§ 240. Hearings, notice and conduct. 1. Notice of hearing. Whenever a\nperson charged with a parking violation enters a plea of not guilty; or\na person alleged to be liable in accordance with any provisions of law\nspecifically authorizing the imposition of monetary liability on the\nowner of a vehicle for failure of an operator thereof: to comply with\ntraffic-control indications in violation of subdivision (d) of section\neleven hundred eleven of this chapter through the installation and\noperation of traffic-control signal photo violation-monitoring systems,\nin accordance with article twenty-four of this chapter; or to comply\nwith certain posted maximum speed limits in violation of subdivision\n(b), (c), (d), (f) or (g) of section eleven hundred eighty of this\nchapter through the installation and operation of photo speed violation\nmonitoring systems, in accordance with article thirty of this chapter;\nor to comply with bus lane restrictions as defined by article\ntwenty-four of this chapter through the installation and operation of\nbus lane photo devices, in accordance with article twenty-four of this\nchapter; or to comply with toll collection regulations of certain public\nauthorities through the installation and operation of photo-monitoring\nsystems, in accordance with the provisions of section two thousand nine\nhundred eighty-five of the public authorities law and sections\nsixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four\nof the laws of nineteen hundred fifty; or to stop for a school bus\ndisplaying a red visual signal in violation of section eleven hundred\nseventy-four of this chapter through the installation and operation of\nschool bus photo violation monitoring systems, in accordance with\narticle twenty-nine of this chapter; or to comply with certain posted\nmaximum speed limits in violation of subdivision (b), (d), (f) or (g) of\nsection eleven hundred eighty of this chapter within a highway\nconstruction or maintenance work area through the installation and\noperation of photo speed violation monitoring systems, in accordance\nwith article thirty of this chapter; or to comply with gross vehicle\nweight and/or axle weight restrictions in violation of section three\nhundred eighty-five of this chapter and the rules of the applicable\ncovered agency or covered authority as such terms are defined in article\nten of this chapter through the installation and operation of weigh in\nmotion violation monitoring systems, in accordance with article ten of\nthis chapter; or to comply with bus operation-related traffic\nregulations as defined by article twenty-four of this chapter in\nviolation of the rules of the department of transportation of the city\nof New York through the installation and operation of bus\noperation-related photo devices, in accordance with article twenty-four\nof this chapter, contests such allegation, the bureau shall advise such\nperson personally by such form of first class mail as the director may\ndirect of the date on which such person must appear to answer the charge\nat a hearing. The form and content of such notice of hearing shall be\nprescribed by the director, and shall contain a warning to advise the\nperson so pleading or contesting that failure to appear on the date\ndesignated, or on any subsequent adjourned date, shall be deemed an\nadmission of liability, and that a default judgment may be entered\nthereon.\n 1-a. Fines and penalties. Whenever a plea of not guilty has been\nentered, or the bureau has been notified that an allegation of liability\nin accordance with provisions of law specifically authorizing the\nimposition of monetary liability on the owner of a vehicle for failure\nof an operator thereof: to comply with traffic-control indications in\nviolation of subdivision (d) of section eleven hundred eleven of this\nchapter through the installation and operation of traffic-control signal\nphoto violation-monitoring systems, in accordance with article\ntwenty-four of this chapter; or to comply with certain posted maximum\nspeed limits in violation of subdivision (b), (c), (d), (f) or (g) of\nsection eleven hundred eighty of this chapter through the installation\nand operation of photo speed violation monitoring systems, in accordance\nwith article thirty of this chapter; or to comply with bus lane\nrestrictions as defined by article twenty-four of this chapter through\nthe installation and operation of bus lane photo devices, in accordance\nwith article twenty-four of this chapter; or to comply with toll\ncollection regulations of certain public authorities through the\ninstallation and operation of photo-monitoring systems, in accordance\nwith the provisions of section two thousand nine hundred eighty-five of\nthe public authorities law and sections sixteen-a, sixteen-b and\nsixteen-c of chapter seven hundred seventy-four of the laws of nineteen\nhundred fifty; or to stop for a school bus displaying a red visual\nsignal in violation of section eleven hundred seventy-four of this\nchapter through the installation and operation of school bus photo\nviolation monitoring systems, in accordance with article twenty-nine of\nthis chapter; or to comply with certain posted maximum speed limits in\nviolation of subdivision (b), (d), (f) or (g) of section eleven hundred\neighty of this chapter within a highway construction or maintenance work\narea through the installation and operation of photo speed violation\nmonitoring systems, in accordance with article thirty of this chapter;\nor to comply with gross vehicle weight and/or axle weight restrictions\nin violation of section three hundred eighty-five of this chapter and\nthe rules of the applicable covered agency or covered authority as such\nterms are defined in article ten of this chapter through the\ninstallation and operation of weigh in motion violation monitoring\nsystems, in accordance with article ten of this chapter; or to comply\nwith bus operation-related traffic regulations as defined by article\ntwenty-four of this chapter in violation of the rules of the department\nof transportation of the city of New York through the installation and\noperation of bus operation-related photo devices, in accordance with\narticle twenty-four of this chapter, is being contested, by a person in\na timely fashion and a hearing upon the merits has been demanded, but\nhas not yet been held, the bureau shall not issue any notice of fine or\npenalty to that person prior to the date of the hearing.\n 1-b. (a) In a city having a population of one million or more, at\nevery hearing for the adjudication of a notice of liability, as provided\nby this article, there shall be a rebuttable presumption that the owner\nof a first-response emergency vehicle alleged to be liable in accordance\nwith any provisions of law specifically authorizing the imposition of\nmonetary liability on the owner of a vehicle for failure of an operator\nthereof: to comply with traffic-control indications in violation of\nsubdivision (d) of section eleven hundred eleven of this chapter through\nthe installation and operation of traffic-control signal photo\nviolation-monitoring systems, in accordance with article twenty-four of\nthis chapter; or to comply with certain posted maximum speed limits in\nviolation of subdivision (b), (c), (d), (f) or (g) of section eleven\nhundred eighty of this chapter through the installation and operation of\nphoto speed violation monitoring systems, in accordance with article\nthirty of this chapter; or to comply with bus lane restrictions as\ndefined by article twenty-four of this chapter through the installation\nand operation of bus lane photo devices, in accordance with article\ntwenty-four of this chapter; or to comply with bus operation-related\ntraffic regulations as defined by article twenty-four of this chapter in\nviolation of the rules of the department of transportation of the city\nof New York through the installation and operation of bus\noperation-related photo devices, in accordance with article twenty-four\nof this chapter is not liable for such alleged violation if such owner\nof the first-response emergency vehicle provides the hearing officer\nwith:\n (i) a signed and affirmed affidavit attesting that the operator of the\nfirst-response emergency vehicle at the time of the alleged violation is\na medically-trained first responder and that the alleged violation\noccurred while the operator of the first-response emergency vehicle was\ninvolved in an emergency operation in such vehicle in response to a\nmedical emergency call; and\n (ii) documentation supporting the dispatch of the medical emergency\ncall and the dispatch of the operator and the first-response emergency\nvehicle to the scene of the medical emergency.\n (b) As used in this subdivision, "first-response emergency vehicle"\nshall mean ambulances as defined in section one hundred-b of this\nchapter and emergency ambulance service vehicles as defined in section\none hundred fifteen-c of this chapter.\n 2. Conduct of hearings. a. Every hearing for the adjudication of a\ncharge of parking violation or an allegation of liability of an owner\nfor a violation of subdivision (d) of section eleven hundred eleven of\nthis chapter imposed pursuant to a local law or ordinance imposing\nmonetary liability on the owner of a vehicle for failure of an operator\nthereof to comply with traffic-control indications through the\ninstallation and operation of traffic-control signal photo\nviolation-monitoring systems, in accordance with article twenty-four of\nthis chapter, or an allegation of liability of an owner for a violation\nof subdivision (b), (c), (d), (f) or (g) of section eleven hundred\neighty of this chapter imposed pursuant to a demonstration program\nimposing monetary liability on the owner of a vehicle for failure of an\noperator thereof to comply with certain posted maximum speed limits\nthrough the installation and operation of photo speed violation\nmonitoring systems, in accordance with article thirty of this chapter,\nor an allegation of liability of an owner for a violation of bus lane\nrestrictions as defined by article twenty-four of this chapter imposed\npursuant to a bus rapid transit program imposing monetary liability on\nthe owner of a vehicle for failure of an operator thereof to comply with\nsuch bus lane restrictions through the installation and operation of bus\nlane photo devices, in accordance with article twenty-four of this\nchapter, or an allegation of liability of an owner for a violation of\ntoll collection regulations imposed by certain public authorities\npursuant to the law authorizing such public authorities to impose\nmonetary liability on the owner of a vehicle for failure of an operator\nthereof to comply with toll collection regulations of such public\nauthorities through the installation and operation of photo-monitoring\nsystems, in accordance with the provisions of section two thousand nine\nhundred eighty-five of the public authorities law and sections\nsixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four\nof the laws of nineteen hundred fifty, or an allegation of liability of\nan owner for a violation of section eleven hundred seventy-four of this\nchapter when meeting a school bus marked and equipped as provided in\nsubdivisions twenty and twenty-one-c of section three hundred\nseventy-five of this chapter imposed pursuant to a local law or\nordinance imposing monetary liability on the owner of a vehicle for\nfailure of an operator thereof to comply with school bus red visual\nsignals through the installation and operation of school bus photo\nviolation monitoring systems, in accordance with article twenty-nine of\nthis chapter, or an allegation of liability of an owner for a violation\nof subdivision (b), (d), (f) or (g) of section eleven hundred eighty of\nthis chapter imposed pursuant to a demonstration program imposing\nmonetary liability on the owner of a vehicle for failure of an operator\nthereof to comply with certain posted maximum speed limits within a\nhighway construction or maintenance work area through the installation\nand operation of photo speed violation monitoring systems, in accordance\nwith article thirty of this chapter, or an allegation of liability of an\nowner for a violation of section three hundred eighty-five of this\nchapter and the rules of the applicable covered agency or covered\nauthority as such terms are defined in article ten of this chapter in\nrelation to gross vehicle weight and/or axle weight violations imposed\npursuant to a weigh in motion demonstration program imposing monetary\nliability on the owner of a vehicle for failure of an operator thereof\nto comply with such gross vehicle weight and/or axle weight restrictions\nthrough the installation and operation of weigh in motion violation\nmonitoring systems, in accordance with article ten of this chapter, or\nan allegation of liability of an owner for a violation of bus\noperation-related traffic regulations as defined by article twenty-four\nof this chapter imposed pursuant to a demonstration program imposing\nmonetary liability on the owner of a vehicle for failure of an operator\nthereof to comply with such bus operation-related traffic regulations\nthrough the installation and operation of bus operation-related photo\ndevices, in accordance with article twenty-four of this chapter, shall\nbe held before a hearing examiner in accordance with rules and\nregulations promulgated by the bureau.\n b. No charge may be established except upon proof by substantial\nevidence.\n c. The hearing examiner shall not be bound by the rules of evidence in\nthe conduct of the hearing, except rules relating to privileged\ncommunications.\n d. The hearing examiner shall at the request of the person charged on\na showing of good cause and need therefor, or in his own discretion,\nissue a subpoena to compel the appearance at a hearing of the officer\nwho served the notice of violation or of other persons to give\ntestimony, and may issue a subpoena duces tecum to compel the production\nfor examination or introduction into evidence, of any book, paper or\nother thing relevant to the charges.\n e. In the case of a refusal to obey a subpoena, the bureau may make\napplication to the Supreme Court pursuant to section twenty-three\nhundred eight of the civil practice law and rules, for an order\nrequiring such appearance, testimony or production of evidence.\n f. The hearing examiner shall not examine the prior violation record\nof a person charged before making a determination.\n g. A record shall be made of a hearing on a plea of not guilty or of a\nhearing at which liability in accordance with any provisions of law\nspecifically authorizing the imposition of monetary liability on the\nowner of a vehicle for failure of an operator thereof: to comply with\ntraffic-control indications in violation of subdivision (d) of section\neleven hundred eleven of this chapter through the installation and\noperation of traffic-control signal photo violation-monitoring systems,\nin accordance with article twenty-four of this chapter; to comply with\ncertain posted maximum speed limits in violation of subdivision (b),\n(c), (d), (f) or (g) of section eleven hundred eighty of this chapter\nthrough the installation and operation of photo speed violation\nmonitoring systems, in accordance with article thirty of this chapter;\nto comply with bus lane restrictions as defined by article twenty-four\nof this chapter through the installation and operation of bus lane photo\ndevices, in accordance with article twenty-four of this chapter; to\ncomply with toll collection regulations of certain public authorities\nthrough the installation and operation of photo-monitoring systems, in\naccordance with the provisions of section two thousand nine hundred\neighty-five of the public authorities law and sections sixteen-a,\nsixteen-b and sixteen-c of chapter seven hundred seventy-four of the\nlaws of nineteen hundred fifty; to stop for a school bus displaying a\nred visual signal in violation of section eleven hundred seventy-four of\nthis chapter through the installation and operation of school bus photo\nviolation monitoring systems, in accordance with article twenty-nine of\nthis chapter; to comply with certain posted maximum speed limits in\nviolation of subdivision (b), (d), (f) or (g) of section eleven hundred\neighty of this chapter within a highway construction or maintenance work\narea through the installation and operation of photo speed violation\nmonitoring systems, in accordance with article thirty of this chapter;\nto comply with gross vehicle weight and/or axle weight restrictions in\nviolation of section three hundred eighty-five of this chapter and the\nrules of the applicable covered agency or covered authority as such\nterms are defined in article ten of this chapter through the\ninstallation and operation of weigh in motion violation monitoring\nsystems, in accordance with article ten of this chapter; or to comply\nwith bus operation-related traffic regulations as defined by article\ntwenty-four of this chapter in violation of the rules of the department\nof transportation of the city of New York through the installation and\noperation of bus operation-related photo devices, in accordance with\narticle twenty-four of this chapter, is contested. Recording devices may\nbe used for the making of the record.\n