senate Bill S211

Relates to the operation of traffic-control signal photo violation-monitoring devices

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO TRANSPORTATION
  • 08 / Jan / 2014
    • REFERRED TO TRANSPORTATION

Summary

Relates to the operation of traffic-control signal photo violation-monitoring devices.

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Bill Details

See Assembly Version of this Bill:
A290
Versions:
S211
Legislative Cycle:
2013-2014
Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add ยง1111-d, V & T L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S7491, A6186
2009-2010: A8031A, S5280A, A8031A

Sponsor Memo

BILL NUMBER:S211

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to the operation of
traffic-control signal photo violation-monitoring devices

PURPOSE:
To limit the use of photo images obtained from traffic-control
signal photo violation-monitoring devices used by cities or counties
to promote traffic and pedestrian safety.

SUMMARY OF PROVISIONS:
Section 1 of the vehicle and traffic law is amended by adding a new
section 1111-d, which provides that a city or county authorized to
install and operate a traffic-control signal photo
violation-monitoring device shall adopt and enforce measures to
protect the privacy of driver's, passenger's and others.

Subsection 1 states that photographs produced by such traffic-control
signal photo violation-monitoring devices shall, to the extent
practicable, not include images to identify the driver, passengers or
contents of the vehicle.

Subsection 2 prohibits the use of the vehicle's license plate
information and other information except as required to establish
liability under this section or unless authorized or ordered by a
court.

Subsection 3 requires the destruction of images obtained from the
traffic-control signal photo violation-monitoring device no later
than thirty days from the date such images were recorded, or
immediately upon adjudication of the liability and payment of fines.

Subsection 4 requires the deletion of identifying information,
including license plate information, from records maintained for
research purposes or for reporting purpose.

Subsection 5 applies oversight procedures to ensure compliance with
the aforementioned privacy-protection measures.

Section 2 sets forth the effective date.

JUSTIFICATION:
While traffic-control signal photo violation-monitoring devices
(e.g., "red light cameras") promote traffic and pedestrian safety, it
is critical that drivers and the public are protected from potential
abuses of
the technology. This bill defines the acceptable use of images taken
by traffic-control signal photo violation-monitoring devices to
ensure that the privacy of drivers, passengers and others will be
protected, without compromising the positive effects that these
traffic-control signal photo violation-monitoring devices have on
pedestrian and traffic safety.

LEGISLATIVE HISTORY:


2012: S.7491/A.6186 (Kavanagh) - Transportation
2010: A.08031 (Kavanagh) - Transportation

FISCAL IMPACT ON THE STATE:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   211

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to  the  opera-
  tion of traffic-control signal photo violation-monitoring devices

  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 1111-d to read as follows:
  S  1111-D.  TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING DEVICES;
PROHIBITIONS AND PROTECTIONS.   NOTWITHSTANDING ANY OTHER  PROVISION  OF
LAW,  RULE OR REGULATION TO THE CONTRARY, A CITY OR COUNTY AUTHORIZED TO
INSTALL AND OPERATE TRAFFIC-CONTROL  SIGNAL  PHOTO  VIOLATION-MONITORING
DEVICES PURSUANT TO THE PROVISIONS OF SECTION ELEVEN HUNDRED ELEVEN-B OF
THIS  ARTICLE SHALL ADOPT AND ENFORCE MEASURES TO PROTECT THE PRIVACY OF
DRIVERS, PASSENGERS, PEDESTRIANS AND CYCLISTS WHOSE IDENTIFYING INFORMA-
TION MAY BE CAPTURED BY SUCH DEVICES. SUCH  PRIVACY-PROTECTION  MEASURES
SHALL INCLUDE, BUT NOT BE LIMITED TO:
  1.  UTILIZATION  OF  NECESSARY  TECHNOLOGIES  TO ENSURE, TO THE EXTENT
PRACTICABLE, THAT PHOTOGRAPHS PRODUCED BY  SUCH  TRAFFIC-CONTROL  SIGNAL
PHOTO VIOLATION-MONITORING DEVICES SHALL NOT INCLUDE IMAGES THAT IDENTI-
FY THE DRIVER, THE PASSENGERS, OR THE CONTENTS OF THE VEHICLE.  HOWEVER,
NO  NOTICE  OF  LIABILITY  ISSUED  PURSUANT  TO  SECTION  ELEVEN HUNDRED
ELEVEN-B OF THIS ARTICLE SHALL BE DISMISSED SOLELY BECAUSE A  PHOTOGRAPH
OR  PHOTOGRAPHS  ALLOW FOR THE IDENTIFICATION OF THE CONTENTS OF A VEHI-
CLE, PROVIDED THAT SUCH CITY OR COUNTY HAS MADE A REASONABLE  EFFORT  TO
COMPLY WITH THE PROVISIONS OF THIS SECTION;
  2.  PROHIBITION ON THE USE OR DISSEMINATION OF VEHICLE'S LICENSE PLATE
INFORMATION AND OTHER INFORMATION AND IMAGES CAPTURED BY TRAFFIC-CONTROL
SIGNAL PHOTO VIOLATION-MONITORING DEVICES EXCEPT AS REQUIRED  TO  ESTAB-
LISH  LIABILITY  UNDER  THIS SECTION OR COLLECT PAYMENT OF PENALTIES; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00304-01-3

S. 211                              2

UNLESS AUTHORIZED BY A COURT ORDERED SUBPOENA OR SEARCH  WARRANT  ISSUED
IN  RESPONSE  TO  A REQUEST BY LAW ENFORCEMENT OFFICIALS PERTAINING TO A
SPECIFIC ACCIDENT OR SPECIFIC INCIDENT OF ALLEGED CRIMINAL  CONDUCT;  OR
EXCEPT AS OTHERWISE REQUIRED BY LAW;
  3.  DESTRUCTION OF IMAGES OBTAINED BY THE TRAFFIC-CONTROL SIGNAL PHOTO
VIOLATION-MONITORING DEVICES NO LATER THAN THIRTY  DAYS  FROM  THE  DATE
SUCH  IMAGES  WERE  RECORDED;  OR  IMMEDIATELY  UPON ADJUDICATION OF THE
LIABILITY AND PAYMENT OF FINES, AS PROVIDED IN  SECTION  ELEVEN  HUNDRED
ELEVEN-B  OF THIS ARTICLE, IF EITHER EVENT OCCURS LATER THAN THIRTY DAYS
FROM THE DATE SUCH IMAGES ARE RECORDED;
  4.  THE  DELETION  OF  IDENTIFYING  INFORMATION,  INCLUDING  VEHICLES'
LICENSE PLATE INFORMATION, FROM RECORDS MAINTAINED FOR RESEARCH PURPOSES
OR FOR REPORTING PURPOSES AS DETAILED IN SECTION ELEVEN HUNDRED ELEVEN-B
OF THIS ARTICLE; AND
  5.  OVERSIGHT  PROCEDURES TO ENSURE COMPLIANCE WITH THE AFOREMENTIONED
PRIVACY-PROTECTION MEASURES.
  S 2. This act shall take effect immediately.

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