§ 241 — Final determinations, judgments

New York § 241

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

Text

§ 241. Final determinations, judgments. 1. The hearing examiner shall\nmake a determination on the charges, either sustaining or dismissing\nthem. Where the hearing examiner determines that the charges have been\nsustained such hearing examiner may examine either the prior parking\nviolations record or the record of liabilities incurred 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; 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; to comply with bus lane restrictions as defined\nby article twenty-four of this chapter through the installation and\noperation of bus lane photo devices, in accordance with article\ntwenty-four of this chapter; to comply with toll collection regulations\nof certain public authorities through the installation and operation of\nphoto-monitoring systems, in accordance with the provisions of section\ntwo thousand nine hundred eighty-five of the public authorities law and\nsections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred\nseventy-four of the laws of nineteen hundred fifty; to stop for a school\nbus displaying a red visual signal in violation of section eleven\nhundred seventy-four of this chapter through the installation and\noperation of school bus photo violation monitoring systems, in\naccordance with article twenty-nine of this chapter; to comply with\ncertain posted maximum speed limits in violation of subdivision (b),\n(d), (f) or (g) of section eleven hundred eighty of this chapter within\na highway construction or maintenance work area through the installation\nand operation of photo speed violation monitoring systems, in accordance\nwith article thirty of this chapter; to comply with gross vehicle weight\nand/or axle weight restrictions in violation of section three hundred\neighty-five of this chapter and the rules of the applicable covered\nagency or covered authority as such terms are defined in article ten of\nthis chapter through the installation and operation of weigh in motion\nviolation monitoring systems, in accordance with article ten of this\nchapter; or to comply with bus operation-related traffic regulations as\ndefined by article twenty-four of this chapter in violation of the rules\nof the department of transportation of the city of New York through the\ninstallation and operation of bus operation-related photo devices, in\naccordance with article twenty-four of this chapter, of the person\ncharged, as applicable prior to rendering a final determination. Final\ndeterminations sustaining or dismissing charges shall be entered on a\nfinal determination roll maintained by the bureau together with records\nshowing payment and nonpayment of penalties.\n 2. Where an operator or owner fails to enter a plea to a charge of a\nparking violation or contest an allegation of liability 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; 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; to comply with bus lane restrictions as defined\nby article twenty-four of this chapter through the installation and\noperation of bus lane photo devices, in accordance with article\ntwenty-four of this chapter; to comply with toll collection regulations\nof certain public authorities through the installation and operation of\nphoto-monitoring systems, in accordance with the provisions of section\ntwo thousand nine hundred eighty-five of the public authorities law and\nsections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred\nseventy-four of the laws of nineteen hundred fifty; to stop for a school\nbus displaying a red visual signal in violation of section eleven\nhundred seventy-four of this chapter through the installation and\noperation of school bus photo violation monitoring systems, in\naccordance with article twenty-nine of this chapter; to comply with\ncertain posted maximum speed limits in violation of subdivision (b),\n(d), (f) or (g) of section eleven hundred eighty of this chapter within\na highway construction or maintenance work area through the installation\nand operation of photo speed violation monitoring systems, in accordance\nwith article thirty of this chapter; to comply with gross vehicle weight\nand/or axle weight restrictions in violation of section three hundred\neighty-five of this chapter and the rules of the applicable covered\nagency or covered authority as such terms are defined in article ten of\nthis chapter through the installation and operation of weigh in motion\nviolation monitoring systems, in accordance with article ten of this\nchapter; or to comply with bus operation-related traffic regulations as\ndefined by article twenty-four of this chapter in violation of the rules\nof the department of transportation of the city of New York through the\ninstallation and operation of bus operation-related photo devices, in\naccordance with article twenty-four of this chapter, or fails to appear\non a designated hearing date or subsequent adjourned date or fails after\na hearing to comply with the determination of a hearing examiner, as\nprescribed by this article or by rule or regulation of the bureau, such\nfailure to plead or contest, appear or comply shall be deemed, for all\npurposes, an admission of liability and shall be grounds for rendering\nand entering a default judgment in an amount provided by the rules and\nregulations of the bureau. However, after the expiration of the original\ndate prescribed for entering a plea and before a default judgment may be\nrendered, in such case the bureau shall pursuant to the applicable\nprovisions of law notify such operator or owner, by such form of first\nclass mail as the commission may direct; (1) of the violation charged,\nor liability alleged 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, (2) of the impending default\njudgment, (3) that such judgment will be entered in the Civil Court of\nthe city in which the bureau has been established, or other court of\ncivil jurisdiction or any other place provided for the entry of civil\njudgments within the state of New York, and (4) that a default may be\navoided by entering a plea or contesting an allegation of liability in\naccordance with any 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; to comply with certain posted maximum speed\nlimits in violation of subdivision (b), (c), (d), (f) or (g) of section\neleven hundred eighty of this chapter through the installation and\noperation of photo speed violation monitoring systems, in accordance\nwith article thirty of this chapter; 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; to comply with toll collection\nregulations of certain public authorities through the installation and\noperation of photo-monitoring systems, in accordance with the provisions\nof section two thousand nine hundred eighty-five of the public\nauthorities law and sections sixteen-a, sixteen-b and sixteen-c of\nchapter seven hundred seventy-four of the laws of nineteen hundred\nfifty; to stop for a school bus displaying a red visual signal in\nviolation of section eleven hundred seventy-four of this chapter through\nthe installation and operation of school bus photo violation monitoring\nsystems, in accordance with article twenty-nine of this chapter; to\ncomply with certain posted maximum speed limits in violation of\nsubdivision (b), (d), (f) or (g) of section eleven hundred eighty of\nthis chapter within a highway construction or maintenance work area\nthrough 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; or making an appearance within\nthirty days of the sending of such notice. Pleas entered and allegations\ncontested within that period shall be in the manner prescribed in the\nnotice and not subject to additional penalty or fee. Such notice of\nimpending default judgment shall not be required prior to the rendering\nand entry thereof in the case of operators or owners who are\nnon-residents of the state of New York. In no case shall a default\njudgment be rendered or, where required, a notice of impending default\njudgment be sent, more than two years after the expiration of the time\nprescribed for entering a plea or contesting an allegation. When a\nperson has demanded a hearing, no fine or penalty shall be imposed for\nany reason, prior to the holding of the hearing. If the hearing examiner\nshall make a determination on the charges, sustaining them, such hearing\nexaminer shall impose no greater penalty or fine than those upon which\nthe person was originally charged.\n 3. A judgment entered pursuant to the provisions of this section shall\nremain in full force and effect for eight years notwithstanding any\nother provision of law.\n