N.Y. Vehicle & Traffic Law § 241: Final determinations, judgments

§ 241. Final determinations, judgments. 1. The hearing examiner shall

make a determination on the charges, either sustaining or dismissing

them. Where the hearing examiner determines that the charges have been

sustained such hearing examiner may examine either the prior parking

violations record or the record of liabilities incurred 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, of the person

charged, as applicable prior to rendering a final determination. Final

determinations sustaining or dismissing charges shall be entered on a

final determination roll maintained by the parking violations bureau or

the traffic camera violations bureau, as applicable, together with

records showing payment and nonpayment of penalties.

2. Where an operator or owner fails to enter a plea to a charge of a

parking violation or contest an allegation of 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, or fails to appear

on a designated hearing date or subsequent adjourned date or fails after

a hearing to comply with the determination of a hearing examiner, as

prescribed by this article or by rule or regulation of the parking

violations bureau or the traffic camera violations bureau, as

applicable, such failure to plead or contest, appear or comply shall be

deemed, for all purposes, an admission of liability and shall be grounds

for rendering and entering a default judgment in an amount provided by

the rules and regulations of such bureau. However, after the expiration

of the original date prescribed for entering a plea and before a default

judgment may be rendered, in such case the applicable bureau shall

pursuant to the applicable provisions of law notify such operator or

owner, by such form of first class mail as the commission may direct;

(1) of the violation charged, or liability alleged 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, (2) of the

impending default judgment, (3) that such judgment will be entered in

the Civil Court of the city in which such bureau has been established,

or other court of civil jurisdiction or any other place provided for the

entry of civil judgments within the state of New York, and (4) that a

default may be avoided by entering a plea or contesting an allegation of

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; or making an appearance within

thirty days of the sending of such notice. Pleas entered and allegations

contested within that period shall be in the manner prescribed in the

notice and not subject to additional penalty or fee. Such notice of

impending default judgment shall not be required prior to the rendering

and entry thereof in the case of operators or owners who are

non-residents of the state of New York. In no case shall a default

judgment be rendered or, where required, a notice of impending default

judgment be sent, more than two years after the expiration of the time

prescribed for entering a plea or contesting an allegation. When a

person has demanded a hearing, no fine or penalty shall be imposed for

any reason, prior to the holding of the hearing. If the hearing examiner

shall make a determination on the charges, sustaining them, such hearing

examiner shall impose no greater penalty or fine than those upon which

the person was originally charged.

3. A judgment entered pursuant to the provisions of this section shall

remain in full force and effect for eight years notwithstanding any

other provision of law.