N.Y.
General Municipal Law Section 371
Jurisdiction and procedure
1.
A traffic violations bureau so established may be authorized to dispose of violations of traffic laws, ordinances, rules and regulations when such offenses shall not constitute the traffic infraction known as speeding or a misdemeanor or felony, and, if authorized by local law or ordinance, to adjudicate the liability of owners for violations of subdivision (d) of Vehicle & Traffic Law § 1111 (Traffic-control signal indications)section eleven hundred eleven of the vehicle and traffic law in accordance with section eleven hundred eleven-a of such law or section eleven hundred eleven-b of such law as added by sections sixteen of chapters twenty, and twenty-two of the laws of two thousand nine which amended this subdivision, or section eleven hundred eleven-d of such law, or section eleven hundred eleven-e of such law or section eleven hundred seventy-four-a of such law.2.
The Nassau county traffic and parking violations agency, as established, may be authorized to assist the Nassau county district court, and the Suffolk county traffic and parking violations agency, as established, may be authorized to assist the Suffolk county district court, in the disposition and administration of infractions of traffic and parking laws, ordinances, rules and regulations and the liability of owners for violations of subdivision (d) of Vehicle & Traffic Law § 1111 (Traffic-control signal indications)section eleven hundred eleven of the vehicle and traffic law in accordance with section eleven hundred eleven-b of such law and the liability of owners for violations of section eleven hundred seventy-four of the vehicle and traffic law in accordance with section eleven hundred seventy-four-a of such law, except that such agencies shall not have jurisdiction over (a) the traffic infraction defined under subdivision one of Vehicle & Traffic Law § 1192 (Operating a motor vehicle while under the influence of alcohol or drugs)section eleven hundred ninety-two of the vehicle and traffic law;(b)
the traffic infraction defined under subdivision five of Vehicle & Traffic Law § 1192 (Operating a motor vehicle while under the influence of alcohol or drugs)section eleven hundred ninety-two of the vehicle and traffic law;(c)
the violation defined under paragraph (b) of subdivision four of Transportation Law § 14-F (Transportation of hazardous materials)section fourteen-f of the transportation law and the violation defined under clause (b) of subparagraph (iii) of paragraph c of subdivision two of Transportation Law § 140 (Safety requirements)section one hundred forty of the transportation law;(d)
the traffic infraction defined under Vehicle & Traffic Law § 397-A (Radar detectors and laser detectors prohibited)section three hundred ninety-seven-a of the vehicle and traffic law and the traffic infraction defined under subdivision (g) of Vehicle & Traffic Law § 1180 (Basic rule and maximum limits)section eleven hundred eighty of the vehicle and traffic law;(e)
any misdemeanor or felony; or(f)
any offense that is part of the same criminal transaction, as that term is defined in subdivision two of section 40.10 of the criminal procedure law, as a violation of subdivision one of Vehicle & Traffic Law § 1192 (Operating a motor vehicle while under the influence of alcohol or drugs)section eleven hundred ninety-two of the vehicle and traffic law, a violation of subdivision five of Vehicle & Traffic Law § 1192 (Operating a motor vehicle while under the influence of alcohol or drugs)section eleven hundred ninety-two of the vehicle and traffic law, a violation of paragraph (b) of subdivision four of Transportation Law § 14-F (Transportation of hazardous materials)section fourteen-f of the transportation law, a violation of clause (b) of subparagraph (iii) of paragraph c of subdivision two of Transportation Law § 140 (Safety requirements)section one hundred forty of the transportation law, a violation of Vehicle & Traffic Law § 397-A (Radar detectors and laser detectors prohibited)section three hundred ninety-seven-a of the vehicle and traffic law, a violation of subdivision (g) of Vehicle & Traffic Law § 1180 (Basic rule and maximum limits)section eleven hundred eighty of the vehicle and traffic law or any misdemeanor or felony. 2-a. The Buffalo traffic violations agency, as established in subdivision four of § 370 (Establishment)section three hundred seventy of this article, may be authorized to assist the Buffalo city court in the disposition and administration of infractions of traffic laws, ordinances, rules and regulations except that such agency shall not have jurisdiction over (a) the traffic infraction defined under subdivision one of Vehicle & Traffic Law § 1192 (Operating a motor vehicle while under the influence of alcohol or drugs)section eleven hundred ninety-two of the vehicle and traffic law;(b)
the traffic infraction defined under subdivision five of Vehicle & Traffic Law § 1192 (Operating a motor vehicle while under the influence of alcohol or drugs)section eleven hundred ninety-two of the vehicle and traffic law;(c)
the violation defined under paragraph (b) of subdivision four of Transportation Law § 14-F (Transportation of hazardous materials)section fourteen-f of the transportation law and the violation defined under clause (b) of subparagraph (iii) of paragraph c of subdivision two of Transportation Law § 140 (Safety requirements)section one hundred forty of the transportation law;(d)
the traffic infraction defined under Vehicle & Traffic Law § 397-A (Radar detectors and laser detectors prohibited)section three hundred ninety-seven-a of the vehicle and traffic law and the traffic infraction defined under subdivision (g) of Vehicle & Traffic Law § 1180 (Basic rule and maximum limits)section eleven hundred eighty of the vehicle and traffic law;(e)
traffic infractions constituting parking, standing, stopping or pedestrian offenses;(f)
any misdemeanor or felony; or(g)
any offense that is part of the same criminal transaction, as that term is defined in subdivision two of section 40.10 of the criminal procedure law, as a violation of subdivision one of Vehicle & Traffic Law § 1192 (Operating a motor vehicle while under the influence of alcohol or drugs)section eleven hundred ninety-two of the vehicle and traffic law, a violation of subdivision five of Vehicle & Traffic Law § 1192 (Operating a motor vehicle while under the influence of alcohol or drugs)section eleven hundred ninety-two of the vehicle and traffic law, a violation of paragraph (b) of subdivision four of Transportation Law § 14-F (Transportation of hazardous materials)section fourteen-f of the transportation law, a violation of clause (b) of subparagraph (iii) of paragraph c of subdivision two of Transportation Law § 140 (Safety requirements)section one hundred forty of the transportation law, a violation of Vehicle & Traffic Law § 397-A (Radar detectors and laser detectors prohibited)section three hundred ninety-seven-a of the vehicle and traffic law, a violation constituting a parking, stopping, standing or pedestrian offense, a violation of subdivision (g) of Vehicle & Traffic Law § 1180 (Basic rule and maximum limits)section eleven hundred eighty of the vehicle and traffic law or any misdemeanor or felony. 2-b. The Rochester traffic violations agency, as established in subdivision five of § 370 (Establishment)section three hundred seventy of this article, may be authorized to assist the Rochester city court in the disposition and administration of infractions of traffic laws, ordinances, rules and regulations except that such agency shall not have jurisdiction over (a) the traffic infraction defined under subdivision one of Vehicle & Traffic Law § 1192 (Operating a motor vehicle while under the influence of alcohol or drugs)section eleven hundred ninety-two of the vehicle and traffic law;(b)
the traffic infraction defined under subdivision five of Vehicle & Traffic Law § 1192 (Operating a motor vehicle while under the influence of alcohol or drugs)section eleven hundred ninety-two of the vehicle and traffic law;(c)
the violation defined under paragraph (b) of subdivision four of Transportation Law § 14-F (Transportation of hazardous materials)section fourteen-f of the transportation law and the violation defined under clause (b) of subparagraph (iii) of paragraph c of subdivision two of Transportation Law § 140 (Safety requirements)section one hundred forty of the transportation law;(d)
the traffic infraction defined under Vehicle & Traffic Law § 397-A (Radar detectors and laser detectors prohibited)section three hundred ninety-seven-a of the vehicle and traffic law and the traffic infraction defined under subdivision (g) of Vehicle & Traffic Law § 1180 (Basic rule and maximum limits)section eleven hundred eighty of the vehicle and traffic law;(e)
traffic infractions constituting parking, standing, stopping or pedestrian offenses;(f)
any misdemeanor or felony; or(g)
any offense that is part of the same criminal transaction, as that term is defined in subdivision two of section 40.10 of the criminal procedure law, as a violation of subdivision one of Vehicle & Traffic Law § 1192 (Operating a motor vehicle while under the influence of alcohol or drugs)section eleven hundred ninety-two of the vehicle and traffic law, a violation of subdivision five of Vehicle & Traffic Law § 1192 (Operating a motor vehicle while under the influence of alcohol or drugs)section eleven hundred ninety-two of the vehicle and traffic law, a violation of paragraph (b) of subdivision four of Transportation Law § 14-F (Transportation of hazardous materials)section fourteen-f of the transportation law, a violation of clause (b) of subparagraph (iii) of paragraph c of subdivision two of Transportation Law § 140 (Safety requirements)section one hundred forty of the transportation law, a violation of Vehicle & Traffic Law § 397-A (Radar detectors and laser detectors prohibited)section three hundred ninety-seven-a of the vehicle and traffic law, a violation constituting a parking, stopping, standing or pedestrian offense, a violation of subdivision (g) of Vehicle & Traffic Law § 1180 (Basic rule and maximum limits)section eleven hundred eighty of the vehicle and traffic law or any misdemeanor or felony.3.
A person charged with an infraction which shall be disposed of by either a traffic violations bureau, the Nassau county traffic and parking violations agency, or the Suffolk county traffic and parking violations agency may be permitted to answer, within a specified time, at the traffic violations bureau, in Nassau county at the traffic and parking violations agency and in Suffolk county at the traffic and parking violations agency, either in person or by written power of attorney in such form as may be prescribed in the ordinance or local law creating the bureau or agency, by paying a prescribed fine and, in writing, waiving a hearing in court, pleading guilty to the charge or admitting liability as an owner for the violation of subdivision (d) of Vehicle & Traffic Law § 1111 (Traffic-control signal indications)section eleven hundred eleven of the vehicle and traffic law, as the case may be, and authorizing the person in charge of the bureau or agency to enter such a plea or admission and accept payment of said fine. Acceptance of the prescribed fine and power of attorney by the bureau or agency shall be deemed complete satisfaction for the violation or of the liability, and the violator or owner liable for a violation of subdivision (d) of Vehicle & Traffic Law § 1111 (Traffic-control signal indications)section eleven hundred eleven of the vehicle and traffic law shall be given a receipt which so states. If a person charged with a traffic violation does not answer as hereinbefore prescribed, within a designated time, the bureau or agency may cause a complaint to be entered against him forthwith and a warrant to be issued for his arrest and appearance before the court, such summons to be predicated upon the personal service of said summons upon the person charged with the infraction. Any person who shall have been, within the preceding twelve months, guilty of a number of parking violations in excess of such maximum number as may be designated by the court, or of three or more violations other than parking violations, shall not be permitted to appear and answer to a subsequent violation at the traffic violations bureau or agency, but must appear in court at a time specified by the bureau or agency. Such bureau or agency shall not be authorized to deprive a person of his right to counsel or to prevent him from exercising his right to appear in court to answer to, explain, or defend any charge of a violation of any traffic law, ordinance, rule or regulation. 3-a. A person charged with an infraction which shall be disposed of by the Buffalo traffic violations agency may be permitted to answer, within a specified time, at the traffic violations agency either in person or by written power of attorney in such form as may be prescribed in the ordinance or local law creating the agency, by paying a prescribed fine and, in writing, waiving a hearing in court, pleading guilty to the charge or a lesser charge agreeable to the traffic prosecutor and the person charged with an infraction, and authorizing the person in charge of the agency to enter such a plea and accept payment of said fine. Acceptance of the prescribed fine and power of attorney by the agency shall be deemed complete satisfaction for the violation, and the violator shall be given a receipt which so states. If a person charged with a traffic violation does not answer as hereinbefore prescribed, within a designated time, the agency may cause a complaint to be entered against him forthwith and a warrant to be issued for his arrest and appearance before the court, such summons to be predicated upon the personal service of said summons upon the person charged with the infraction. Any person who shall have been, within the preceding twelve months, guilty of three or more violations, shall not be permitted to appear and answer to a subsequent violation at the agency, but must appear in court at a time specified by the agency. Such agency shall not be authorized to deprive a person of his right to counsel or to prevent him from exercising his right to appear in court to answer to, explain, or defend any charge of a violation of any traffic law, ordinance, rule or regulation. 3-b. A person charged with an infraction which shall be disposed of by the Rochester traffic violations agency may be permitted to answer, within a specified time, at the traffic violations agency either in person or by written power of attorney in such form as may be prescribed in the ordinance or local law creating the agency, by paying a prescribed fine and, in writing, waiving a hearing in court, pleading guilty to the charge or a lesser charge agreeable to the traffic prosecutor and the person charged with an infraction, and authorizing the person in charge of the agency to enter such a plea and accept payment of said fine. Acceptance of the prescribed fine and power of attorney by the agency shall be deemed complete satisfaction for the violation, and the violator shall be given a receipt which so states. If a person charged with a traffic violation does not answer as hereinbefore prescribed, within a designated time, the agency may cause a complaint to be entered against him forthwith and a warrant to be issued for his arrest and appearance before the court, such summons to be predicated upon the personal service of said summons upon the person charged with the infraction. Any person who shall have been, within the preceding twelve months, guilty of three or more violations, shall not be permitted to appear and answer to a subsequent violation at the agency, but must appear in court at a time specified by the agency. Such agency shall not be authorized to deprive a person of his right to counsel or to prevent him from exercising his right to appear in court to answer to, explain, or defend any charge of a violation of any traffic law, ordinance, rule or regulation.4.
Notwithstanding any inconsistent provision of law, fines, penalties and forfeitures collected by the Nassau county or Suffolk county traffic and parking violations agency shall be distributed as provided in Vehicle & Traffic Law § 1803 (Disposition of fines and forfeitures)section eighteen hundred three of the vehicle and traffic law. All fines, penalties and forfeitures for violations adjudicated by the Nassau county or Suffolk county traffic and parking violations agency pursuant to subdivision two of this section, with the exception of parking violations, and except as provided in subdivision three of State Finance Law § 99-A (Justice court fund)section ninety-nine-a of the state finance law, shall be paid by such agencies to the state comptroller within the first ten days of the month following collection. Each such payment shall be accompanied by a true and complete report in such form and detail as the comptroller shall prescribe. 4-a. Notwithstanding any inconsistent provision of law, fines, penalties and forfeitures collected by the Buffalo traffic violations agency shall be distributed as provided in Vehicle & Traffic Law § 1803 (Disposition of fines and forfeitures)section eighteen hundred three of the vehicle and traffic law. All fines, penalties and forfeitures for violations adjudicated by the Buffalo traffic violations agency pursuant to subdivision two-a of this section except as provided in subdivision three of section ninety-nine-a of the state finance law, shall be paid by such agency to the state comptroller within the first ten days of the month following collection. Each such payment shall be accompanied by a true and complete report in such form and detail as the comptroller shall prescribe. 4-b. Notwithstanding any inconsistent provision of law, fines, penalties and forfeitures collected by the Rochester traffic violations agency shall be distributed as provided in Vehicle & Traffic Law § 1803 (Disposition of fines and forfeitures)section eighteen hundred three of the vehicle and traffic law. All fines, penalties and forfeitures for violations adjudicated by the Rochester traffic violations agency pursuant to subdivision two-a of this section except as provided in subdivision three of section ninety-nine-a of the state finance law, shall be paid by such agency to the state comptroller within the first ten days of the month following collection. Each such payment shall be accompanied by a true and complete report in such form and detail as the comptroller shall prescribe. * NB Effective until December 1, 2029 * § 371
Source:
Section 371 — Jurisdiction and procedure, https://www.nysenate.gov/legislation/laws/GMU/371 (updated Oct. 25, 2024; accessed Dec. 21, 2024).
