2021 New York Laws
VAT - Vehicle and Traffic
Title 2 - Department of Motor Vehicles; Commissioner
Article 2-B - Adjudication of Parking Infractions
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,  contests  such  allegation,  the
  bureau  shall  advise such person personally by such form of first class
  mail as the director may direct of the date on  which  he  or  she  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.
* NB There are 2 sb 1's
* 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,  contests  such  allegation, the bureau shall advise such
  person personally by such form of first class mail as the  director  may
  direct  of  the date on which he or she 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.
* NB There are 2 sb 1's
* 1-a.  Fines  and  penalties.  Whenever a plea of not guilty has been
  entered, or the bureau 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,
  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  bureau
  shall  not  issue  any notice of fine or penalty to that person prior to
  the date of the hearing.
* NB There are 2 sb 1-a's
* 1-a. Fines and penalties. Whenever a plea of  not  guilty  has  been
  entered, or the bureau 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, 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 bureau shall not issue any notice of fine or penalty to that  person
  prior to the date of the hearing.
* NB There are 2 sb 1-a's
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, shall be held before a hearing
  examiner in accordance with rules and  regulations  promulgated  by  the
  bureau.
* NB There are 2 par a's
* 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, shall be held
  before a hearing examiner  in  accordance  with  rules  and  regulations
  promulgated by the bureau.
* NB There are 2 par a's

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 bureau 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; 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,
  is  contested.  Recording  devices  may  be  used  for the making of the
  record.
* NB There are 2 par g's
* 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; 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, is contested. Recording devices may be used for the making
  of the record.
* NB There are 2 par g's