N.Y. Vehicle & Traffic Law § 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 applicable

covered agency or covered authority as such terms are defined in article

ten of this chapter 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 parking violations bureau

or the traffic camera violations bureau, as applicable, shall advise

such person personally by such form of first class mail as the director

may direct of the date on which such person 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 parking violations bureau or the traffic camera

violations bureau, as applicable, 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 applicable

covered agency or covered authority as such terms are defined in article

ten of this chapter 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 applicable 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 applicable covered agency or covered

authority as such terms are defined in article ten of this chapter 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 parking violations bureau or the traffic

camera violations bureau, as applicable.

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 parking violations

bureau or the traffic camera violations bureau, as applicable, 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 applicable covered agency or covered authority as such

terms are defined in article ten of this chapter 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.