N.Y.
Vehicle & Traffic Law Section 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 he or she 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 § 1111 (Traffic-control signal indications)section eleven hundred eleven of this chapter through the installation and operation of traffic-control signal photo violation-monitoring systems, in accordance with article 24 (Traffic Signs, Signals and Markings)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 § 1180 (Basic rule and maximum limits)section eleven hundred eighty of this chapter through the installation and operation of photo speed violation monitoring systems, in accordance with article 30 (Speed Restrictions)article thirty of this chapter; to comply with bus lane restrictions as defined by article 24 (Traffic Signs, Signals and Markings)article twenty-four of this chapter through the installation and operation of bus lane photo devices, in accordance with article 24 (Traffic Signs, Signals and Markings)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 Public Authorities Law § 2985 (Owner liability for failure of operator to comply with toll collection regulations)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 § 1174 (Overtaking and passing school bus)section eleven hundred seventy-four of this chapter through the installation and operation of school bus photo violation monitoring systems, in accordance with article 29 (Special Stops Required)article twenty-nine of this chapter; to comply with certain posted maximum speed limits in violation of subdivision (b), (d), (f) or (g) of § 1180 (Basic rule and maximum limits)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 30 (Speed Restrictions)article thirty of this chapter; to comply with gross vehicle weight and/or axle weight restrictions in violation of § 385 (Dimensions and weights of vehicles)section three hundred eighty-five of this chapter and the rules of the department of transportation of the city of New York through the installation and operation of weigh in motion violation monitoring systems, in accordance with article 10 (Dimensions and Weights of Vehicles)article ten of this chapter; or to comply with bus operation-related traffic regulations as defined by article 24 (Traffic Signs, Signals and Markings)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 24 (Traffic Signs, Signals and Markings)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 bureau 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 § 1111 (Traffic-control signal indications)section eleven hundred eleven of this chapter through the installation and operation of traffic-control signal photo violation-monitoring systems, in accordance with article 24 (Traffic Signs, Signals and Markings)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 § 1180 (Basic rule and maximum limits)section eleven hundred eighty of this chapter through the installation and operation of photo speed violation monitoring systems, in accordance with article 30 (Speed Restrictions)article thirty of this chapter; to comply with bus lane restrictions as defined by article 24 (Traffic Signs, Signals and Markings)article twenty-four of this chapter through the installation and operation of bus lane photo devices, in accordance with article 24 (Traffic Signs, Signals and Markings)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 Public Authorities Law § 2985 (Owner liability for failure of operator to comply with toll collection regulations)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 § 1174 (Overtaking and passing school bus)section eleven hundred seventy-four of this chapter through the installation and operation of school bus photo violation monitoring systems, in accordance with article 29 (Special Stops Required)article twenty-nine of this chapter; to comply with certain posted maximum speed limits in violation of subdivision (b), (d), (f) or (g) of § 1180 (Basic rule and maximum limits)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 30 (Speed Restrictions)article thirty of this chapter; to comply with gross vehicle weight and/or axle weight restrictions in violation of § 385 (Dimensions and weights of vehicles)section three hundred eighty-five of this chapter and the rules of the department of transportation of the city of New York through the installation and operation of weigh in motion violation monitoring systems, in accordance with article 10 (Dimensions and Weights of Vehicles)article ten of this chapter; or to comply with bus operation-related traffic regulations as defined by article 24 (Traffic Signs, Signals and Markings)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 24 (Traffic Signs, Signals and Markings)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 bureau, 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 the 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 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 § 1111 (Traffic-control signal indications)section eleven hundred eleven of this chapter through the installation and operation of traffic-control signal photo violation-monitoring systems, in accordance with article 24 (Traffic Signs, Signals and Markings)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 § 1180 (Basic rule and maximum limits)section eleven hundred eighty of this chapter through the installation and operation of photo speed violation monitoring systems, in accordance with article 30 (Speed Restrictions)article thirty of this chapter; to comply with bus lane restrictions as defined by article 24 (Traffic Signs, Signals and Markings)article twenty-four of this chapter through the installation and operation of bus lane photo devices, in accordance with article 24 (Traffic Signs, Signals and Markings)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 Public Authorities Law § 2985 (Owner liability for failure of operator to comply with toll collection regulations)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 § 1174 (Overtaking and passing school bus)section eleven hundred seventy-four of this chapter through the installation and operation of school bus photo violation monitoring systems, in accordance with article 29 (Special Stops Required)article twenty-nine of this chapter; to comply with certain posted maximum speed limits in violation of subdivision (b), (d), (f) or (g) of § 1180 (Basic rule and maximum limits)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 30 (Speed Restrictions)article thirty of this chapter; to comply with gross vehicle weight and/or axle weight restrictions in violation of § 385 (Dimensions and weights of vehicles)section three hundred eighty-five of this chapter and the rules of the department of transportation of the city of New York through the installation and operation of weigh in motion violation monitoring systems, in accordance with article 10 (Dimensions and Weights of Vehicles)article ten of this chapter; or to comply with bus operation-related traffic regulations as defined by article 24 (Traffic Signs, Signals and Markings)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 24 (Traffic Signs, Signals and Markings)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 the 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 § 1111 (Traffic-control signal indications)section eleven hundred eleven of this chapter through the installation and operation of traffic-control signal photo violation-monitoring systems, in accordance with article 24 (Traffic Signs, Signals and Markings)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 § 1180 (Basic rule and maximum limits)section eleven hundred eighty of this chapter through the installation and operation of photo speed violation monitoring systems, in accordance with article 30 (Speed Restrictions)article thirty of this chapter; to comply with bus lane restrictions as defined by article 24 (Traffic Signs, Signals and Markings)article twenty-four of this chapter through the installation and operation of bus lane photo devices, in accordance with article 24 (Traffic Signs, Signals and Markings)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 Public Authorities Law § 2985 (Owner liability for failure of operator to comply with toll collection regulations)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 § 1174 (Overtaking and passing school bus)section eleven hundred seventy-four of this chapter through the installation and operation of school bus photo violation monitoring systems, in accordance with article 29 (Special Stops Required)article twenty-nine of this chapter; to comply with certain posted maximum speed limits in violation of subdivision (b), (d), (f) or (g) of § 1180 (Basic rule and maximum limits)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 30 (Speed Restrictions)article thirty of this chapter; to comply with gross vehicle weight and/or axle weight restrictions in violation of § 385 (Dimensions and weights of vehicles)section three hundred eighty-five of this chapter and the rules of the department of transportation of the city of New York through the installation and operation of weigh in motion violation monitoring systems, in accordance with article 10 (Dimensions and Weights of Vehicles)article ten of this chapter; or to comply with bus operation-related traffic regulations as defined by article 24 (Traffic Signs, Signals and Markings)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 24 (Traffic Signs, Signals and Markings)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, he or she 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.
Source:
Section 241 — Final determinations, judgments, https://www.nysenate.gov/legislation/laws/VAT/241 (updated May 10, 2024; accessed Oct. 26, 2024).
