S T A T E O F N E W Y O R K
________________________________________________________________________
3825
2009-2010 Regular Sessions
I N A S S E M B L Y
January 28, 2009
___________
Introduced by M. of A. LAVINE -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law, in relation to establishing
a demonstration program imposing monetary liability on the owner of a
vehicle for failure of an operator thereof to comply with traffic
control indications in Nassau county
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision (a) of section 1111-a of the vehicle and traf-
fic law, as amended by chapter 658 of the laws of 2006, is amended to
read as follows:
(a) 1. Notwithstanding any other provision of law, each city with a
population of one million or more [is] AND THE COUNTY OF NASSAU ARE
hereby EACH INDIVIDUALLY authorized and empowered to adopt and amend a
local law or ordinance establishing a demonstration program imposing
monetary liability on the owner of a vehicle for failure of an operator
thereof to comply with traffic-control indications in such city OR COUN-
TY in accordance with the provisions of this section. Such demonstration
program shall empower a city to install and operate traffic-control
signal photo violation-monitoring devices at no more than one hundred
intersections within such city at any one time AND SHALL EMPOWER SUCH
COUNTY TO INSTALL AND OPERATE TRAFFIC-CONTROL SIGNAL PHOTO
VIOLATION-MONITORING DEVICES AT NO MORE THAN FIFTY INTERSECTIONS WITHIN
SUCH COUNTY AT ANY ONE TIME.
2. Such demonstration program shall utilize necessary technologies to
ensure, to the extent practicable, that photographs produced by such
traffic-control signal photo violation-monitoring systems shall not
include images that identify the driver, the passengers, or the contents
of the vehicle. Provided, however, that no notice of liability issued
pursuant to this section shall be dismissed solely because a photograph
or photographs allow for the identification of the contents of a vehi-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00922-01-9
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cle, provided that such city OR COUNTY has made a reasonable effort to
comply with the provisions of this paragraph.
S 2. Subdivisions (b), (d) and (e) of section 1111-a of the vehicle
and traffic law, subdivisions (b) and (d) as amended by chapter 658 of
the laws of 2006 and subdivision (e) as amended by chapter 479 of the
laws of 1994, are amended to read as follows:
(b) In any city OR COUNTY which has adopted a local law or ordinance
pursuant to subdivision (a) of this section, the owner of a vehicle
shall be liable for a penalty imposed pursuant to this section if such
vehicle was used or operated with the permission of the owner, express
or implied, in violation of subdivision (d) of section eleven hundred
eleven of this article, and such violation is evidenced by information
obtained from a traffic-control signal photo violation-monitoring
system; provided however that no owner of a vehicle shall be liable for
a penalty imposed pursuant to this section where the operator of such
vehicle has been convicted of the underlying violation of subdivision
(d) of section eleven hundred eleven of this article.
(d) A certificate, sworn to or affirmed by a technician employed by
the city OR COUNTY in which the charged violation occurred, or a facsim-
ile thereof, based upon inspection of photographs, microphotographs,
videotape or other recorded images produced by a traffic-control signal
photo violation-monitoring system, shall be prima facie evidence of the
facts contained therein. Any photographs, microphotographs, videotape or
other recorded images evidencing such a violation shall be available for
inspection in any proceeding to adjudicate the liability for such
violation pursuant to a local law or ordinance adopted pursuant to this
section.
(e) An owner liable for a violation of subdivision (d) of section
eleven hundred eleven of this article pursuant to a local law or ordi-
nance adopted pursuant to this section shall be liable for monetary
penalties in accordance with a schedule of fines and penalties to be set
forth in such local law or ordinance, except that in a city which, by
local law, has authorized the adjudication of such owner liability by a
parking violations bureau, such schedule shall be promulgated by such
bureau, AND IN NASSAU COUNTY IF, BY LOCAL LAW, SUCH COUNTY AUTHORIZES
ADJUDICATION OF SUCH OWNER LIABILITY BY THE NASSAU COUNTY TRAFFIC AND
PARKING VIOLATIONS AGENCY, SUCH SCHEDULE SHALL BE PROMULGATED BY THE
BOARD OF JUDGES OF THE DISTRICT COURT FOR NASSAU COUNTY, PURSUANT TO
SUBDIVISION ONE OF SECTION TWO THOUSAND FOUR HUNDRED EIGHT OF THE
UNIFORM DISTRICT COURT ACT. The liability of the owner pursuant to this
section shall not exceed fifty dollars for each violation; provided,
however, that such local law or ordinance may provide for an additional
penalty not in excess of twenty-five dollars for each violation for the
failure to respond to a notice of liability within the prescribed time
period.
S 3. Paragraph 4 of subdivision (g) of section 1111-a of the vehicle
and traffic law, as added by chapter 746 of the laws of 1988, is amended
to read as follows:
4. The notice of liability shall be prepared and mailed by the city OR
COUNTY having jurisdiction over the intersection where the violation
occurred, or by any other entity authorized by the city OR COUNTY to
prepare and mail such notification of violation.
S 4. Subdivision (h) of section 1111-a of the vehicle and traffic law,
as added by chapter 746 of the laws of 1988, is amended to read as
follows:
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(h) Adjudication of the liability imposed upon owners by this section
shall be by a traffic violations bureau OR IN NASSAU COUNTY, BY THE
NASSAU COUNTY TRAFFIC AND PARKING VIOLATIONS AGENCY established pursuant
to section three hundred seventy of the general municipal law or, if
there be none, by the court having jurisdiction over traffic infrac-
tions, except that any city which has established an administrative
tribunal to hear and determine complaints of traffic infractions consti-
tuting parking, standing or stopping violations may, by local law,
authorize such adjudication by such tribunal.
S 5. Paragraph 1 of subdivision (j) of section 1111-a of the vehicle
and traffic law, as added by chapter 746 of the laws of 1988, is amended
to read as follows:
1. In a city OR A COUNTY where the adjudication of liability imposed
upon owners pursuant to this section is by a traffic violations bureau,
THE NASSAU COUNTY TRAFFIC AND PARKING VIOLATIONS AGENCY or a court
having jurisdiction, an owner who is a lessor of a vehicle to which a
notice of liability was issued pursuant to subdivision (g) of this
section shall not be liable for the violation of subdivision (d) of
section eleven hundred eleven of this article, provided that he or she
sends to the traffic violations bureau, THE NASSAU COUNTY TRAFFIC AND
PARKING VIOLATIONS AGENCY or court having jurisdiction a copy of the
rental, lease or other such contract document covering such vehicle on
the date of the violation, with the name and address of the lessee
clearly legible, within thirty-seven days after receiving notice from
the TRAFFIC VIOLATIONS bureau or court of the date and time of such
violation, OR WITHIN FORTY-TWO DAYS AFTER RECEIVING NOTICE FROM THE
NASSAU COUNTY TRAFFIC AND PARKING VIOLATIONS AGENCY OF THE DATE AND TIME
OF SUCH VIOLATION, together with the other information contained in the
original notice of liability. Failure to send such information within
such thirty-seven OR FORTY-TWO day time period shall render the owner
liable for the penalty prescribed by this section. Where the lessor
complies with the provisions of this paragraph, the lessee of such vehi-
cle on the date of such violation shall be deemed to be the owner of
such vehicle for purposes of this section, shall be subject to liability
for the violation of subdivision (d) of section eleven hundred eleven of
this article pursuant to this section and shall be sent a notice of
liability pursuant to subdivision (g) of this section.
S 6. Subdivision (m) of section 1111-a of the vehicle and traffic law,
as amended by chapter 658 of the laws of 2006, is amended to read as
follows:
(m) In any COUNTY OR city which adopts a demonstration program pursu-
ant to subdivision (a) of this section, such COUNTY OR city shall submit
an annual report on the results of the use of a traffic-control signal
photo violation-monitoring system to the governor, the temporary presi-
dent of the senate and the speaker of the assembly on or before June
first, two thousand [seven] TEN and on the same date in each succeeding
year in which the demonstration program is operable. Such report shall
include, but not be limited to:
1. a description of the locations where traffic-control signal photo
violation-monitoring systems were used;
2. within SUCH COUNTY OR each borough of such city, the aggregate
number, type and severity of accidents reported at intersections where a
traffic-control signal photo violation-monitoring system is used for the
year preceding the installation of such system, to the extent the infor-
mation is maintained by the department of motor vehicles of this state;
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3. within SUCH COUNTY OR each borough of such city, the aggregate
number, type and severity of accidents reported at intersections where a
traffic-control signal photo violation-monitoring system is used, to the
extent the information is maintained by the department of motor vehicles
of this state;
4. the number of violations recorded at each intersection where a
traffic-control signal photo violation-monitoring system is used and in
the aggregate on a daily, weekly and monthly basis;
5. the total number of notices of liability issued for violations
recorded by such systems;
6. the number of fines and total amount of fines paid after first
notice of liability issued for violations recorded by such systems;
7. the number of violations adjudicated and results of such adjudi-
cations including breakdowns of dispositions made for violations
recorded by such systems;
8. the total amount of revenue realized by such COUNTY OR city from
such adjudications;
9. expenses incurred by such COUNTY OR city in connection with the
program; and
10. quality of the adjudication process and its results.
S 7. This act shall take effect immediately, provided, however, the
amendments to section 1111-a of the vehicle and traffic law made by this
act shall not affect the repeal of such section and shall be deemed
repealed therewith.