S T A T E   O F   N E W   Y O R K
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                                  6703

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 11, 2009
                               ___________

Introduced  by  M.  of  A.  SKARTADOS  --  read once and referred to the
  Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to establishing
  the  civil  liability  of  vehicle  owners  for  maximum  speed  limit
  violations in the town of Newburgh, Orange county

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The vehicle and traffic law is  amended  by  adding  a  new
section 1180-b to read as follows:
  S 1180-B. OWNER LIABILITY FOR FAILURE OF OPERATOR TO COMPLY WITH MAXI-
MUM  SPEED  LIMITS;  TOWN  OF  NEWBURGH.   (A) NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, THE TOWN OF NEWBURGH, IN  THE  COUNTY  OF  ORANGE,  IS
HEREBY  AUTHORIZED AND EMPOWERED TO ADOPT AND AMEND A LOCAL LAW OR ORDI-
NANCE ESTABLISHING A PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF
A VEHICLE FOR FAILURE OF AN OPERATOR  THEREOF  TO  COMPLY  WITH  MAXIMUM
SPEED  LIMITS  IN  SUCH  TOWN  IN ACCORDANCE WITH THE PROVISIONS OF THIS
SECTION. SUCH DEMONSTRATION PROGRAM SHALL EMPOWER THE TOWN  OF  NEWBURGH
TO INSTALL AND OPERATE PHOTO RADAR DEVICES WITHIN SUCH TOWN.
  (B)  UPON ADOPTION OF A LOCAL LAW OR ORDINANCE PURSUANT TO SUBDIVISION
(A) OF THIS SECTION, THE OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENAL-
TY 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 EIGHTY OF THIS ARTICLE, AND
SUCH VIOLATION IS EVIDENCED BY INFORMATION OBTAINED FROM A  PHOTO  RADAR
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 EIGHTY OF THIS ARTICLE.
  (C) FOR PURPOSES OF THIS  SECTION,  "OWNER"  SHALL  HAVE  THE  MEANING
PROVIDED IN ARTICLE TWO-B OF THIS CHAPTER. FOR PURPOSES OF THIS SECTION,
"PHOTO  RADAR  SYSTEM"  SHALL  MEAN  A SPEED CAMERA INSTALLED TO WORK IN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05199-01-9
              

A. 6703                             2

CONJUNCTION WITH DOPPLER RADAR AND A COMPUTER  MONITORING  SYSTEM  WHICH
AUTOMATICALLY  PRODUCES TWO OR MORE PHOTOGRAPHS, TWO OR MORE MICROPHOTO-
GRAPHS, A VIDEOTAPE OR OTHER RECORDED IMAGES OF EACH VEHICLE AT THE TIME
IT IS USED OR OPERATED IN VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN
HUNDRED EIGHTY OF THIS ARTICLE.
  (D)  A  CERTIFICATE,  SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY
THE TOWN OF NEWBURGH IN WHICH  THE  CHARGED  VIOLATION  OCCURRED,  OR  A
FACSIMILE  THEREOF,  BASED  UPON  INSPECTION OF PHOTOGRAPHS, MICROPHOTO-
GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED  BY  A  PHOTO  RADAR
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 EIGHTY 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.  THE LIABILITY OF THE OWNER PURSU-
ANT TO THIS SECTION SHALL  NOT  EXCEED  ONE  HUNDRED  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.
  (F) AN IMPOSITION OF LIABILITY UNDER A LOCAL LAW OR ORDINANCE  ADOPTED
PURSUANT TO THIS SECTION SHALL NOT BE DEEMED A CONVICTION AS AN OPERATOR
AND  SHALL  NOT  BE MADE PART OF THE OPERATING RECORD OF THE PERSON UPON
WHOM SUCH LIABILITY IS IMPOSED  NOR  SHALL  IT  BE  USED  FOR  INSURANCE
PURPOSES IN THE PROVISION OF MOTOR VEHICLE INSURANCE COVERAGE.
  (G) 1. A NOTICE OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL TO EACH
PERSON  ALLEGED  TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION
(D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE  PURSUANT  TO  THIS
SECTION.  PERSONAL DELIVERY ON THE OWNER SHALL NOT BE REQUIRED. A MANUAL
OR AUTOMATIC RECORD OF MAILING PREPARED IN THE ORDINARY COURSE OF  BUSI-
NESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN.
  2.  A  NOTICE  OF  LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE
PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION  OF  SUBDIVISION
(D)  OF  SECTION  ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO THIS
SECTION, THE  REGISTRATION  NUMBER  OF  THE  VEHICLE  INVOLVED  IN  SUCH
VIOLATION,  THE  LOCATION  WHERE SUCH VIOLATION TOOK PLACE, THE DATE AND
TIME OF SUCH VIOLATION AND THE IDENTIFICATION NUMBER OF THE CAMERA WHICH
RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER.
  3. THE NOTICE OF LIABILITY  SHALL  CONTAIN  INFORMATION  ADVISING  THE
PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE OR SHE MAY CONTEST
THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO
CONTAIN  A WARNING TO ADVISE THE PERSONS CHARGED THAT FAILURE TO CONTEST
IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF  LIABIL-
ITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
  4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE TOWN OF
NEWBURGH  OR  BY ANY OTHER ENTITY AUTHORIZED BY SUCH TOWN TO PREPARE AND
MAIL SUCH NOTIFICATION OF VIOLATION.
  (H) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS  SECTION
SHALL BE BY THE COURT HAVING JURISDICTION OVER TRAFFIC INFRACTIONS.
  (I)  IF  AN  OWNER  RECEIVES  A  NOTICE  OF LIABILITY PURSUANT TO THIS
SECTION FOR ANY TIME PERIOD DURING WHICH THE VEHICLE WAS REPORTED  TO  A
LAW  ENFORCEMENT  AGENCY  AS  HAVING  BEEN  STOLEN,  IT SHALL BE A VALID

A. 6703                             3

DEFENSE TO AN ALLEGATION OF LIABILITY FOR A VIOLATION OF SUBDIVISION (D)
OF SECTION ELEVEN HUNDRED  EIGHTY  OF  THIS  ARTICLE  PURSUANT  TO  THIS
SECTION THAT THE VEHICLE HAD BEEN REPORTED TO THE POLICE AS STOLEN PRIOR
TO  THE  TIME  THE VIOLATION OCCURRED AND HAD NOT BEEN RECOVERED BY SUCH
TIME. FOR PURPOSES OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION
IT SHALL BE SUFFICIENT THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE
STOLEN VEHICLE BE SENT BY FIRST CLASS MAIL TO THE COURT HAVING JURISDIC-
TION.
  (J) AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF LIABIL-
ITY WAS ISSUED PURSUANT TO SUBDIVISION (G) OF THIS SECTION SHALL NOT  BE
LIABLE  FOR  THE  VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED
EIGHTY OF THIS ARTICLE, PROVIDED THAT HE  OR  SHE  SENDS  TO  THE  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  COURT  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  THIR-
TY-SEVEN  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 VEHICLE 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  EIGHTY  OF  THIS
ARTICLE PURSUANT TO THIS SECTION AND SHALL BE SENT A NOTICE OF LIABILITY
PURSUANT TO SUBDIVISION (G) OF THIS SECTION.
  (K)  IF THE OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (D) OF SECTION
ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO THIS SECTION  WAS  NOT
THE  OPERATOR OF THE VEHICLE AT THE TIME OF THE VIOLATION, THE OWNER MAY
MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR.
  (L) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE  LIABILITY
OF  AN  OPERATOR  OF  A  VEHICLE FOR ANY VIOLATION OF SUBDIVISION (D) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
  (M) THE PHOTO RADAR DEVICES INSTALLED AND  OPERATED  PURSUANT  TO  THE
DEMONSTRATION   PROGRAM,  ESTABLISHED  UNDER  SUBDIVISION  (A)  OF  THIS
SECTION,  SHALL  BE  USED  SOLELY  FOR  THE  PURPOSES  OF  CARRYING  OUT
PHOTO-MONITORING FOR SUCH DEMONSTRATION PROGRAM.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.