2022 New York Laws
VAT - Vehicle and Traffic
Title 2 - Department of Motor Vehicles; Commissioner
Article 2-B - Adjudication of Parking Infractions
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 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 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; 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  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 ten 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.
* NB Effective until May 3, 2024
* 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 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  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 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 bureau together with records
  showing payment and nonpayment of penalties.
* NB Effective May 3, 2024
* 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, 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 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  ten  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  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, 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 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 ten 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 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,  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 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 ten 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.
* NB Effective until May 3, 2024
* 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  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   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 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 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  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 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 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 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  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 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, he or she shall impose no greater penalty or fine than those  upon
  which the person was originally charged.
* NB Effective May 3, 2024
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.