senate Bill S5010

Authorizes the city of Mt. Vernon to install red-light violation cameras

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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

  • 06 / May / 2013
    • REFERRED TO TRANSPORTATION
  • 08 / Jan / 2014
    • REFERRED TO TRANSPORTATION

Summary

Authorizes the city of Mt. Vernon to install red-light violation cameras.

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Bill Details

See Assembly Version of this Bill:
A7319
Versions:
S5010
Legislative Cycle:
2013-2014
Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add ยง1111-d, V & T L

Sponsor Memo

BILL NUMBER:S5010

TITLE OF BILL: An act to amend the vehicle and traffic law, in
relation to red light cameras in the city of Mt. Vernon

PURPOSE OR GENERAL IDEA OF BILL:

To prevent the deaths and injuries caused by motorists running red
lights, by authorizing the City of Mt. Vernon to adopt a local law to
implement a program to install photo violation-monitoring devices at
up to twenty intersections.

SUMMARY OF SPECIFIC PROVISIONS:

The bill authorizes the City of Mt. Vernon to adopt a local law or
ordinance to establish a demonstration program imposing monetary
liability on vehicle owners for an operator's failure to comply with
traffic-control signals at up to twenty intersections at any one time
within and under the jurisdiction of the City of Mt. Vernon.

The bill requires the use of necessary technologies to ensure, to the
extent practicable, that photographs produced by such
violation-monitoring systems do not include images identifying the
driver, passengers or contents of a vehicle.

The bill establishes requirements for due process, including
provisions for the evidence of liability and its availability to
defendants, requirements governing the content of notices of
liability, or "NOLs", the method by which NOLs must be sent to vehicle
owners, and providing for the adjudication of violations by either the
traffic violations bureau, or by the court having jurisdiction over
traffic infractions, or by an administrative tribunal if one has been
authorized by the city to adjudicate complaints of traffic
infractions.

The bill deems that NOLs would not be a conviction as an operator and
thus would not be included on the owner's driver's license record, and
prohibits the use of findings of liability for motor vehicle insurance
purposes.

The bill authorizes the imposition of a maximum $50 civil penalty for
each violation and an additionally penalty no more than $25 for each
violation for the failure to respond to a NOL within the prescribed
time period.

The bill also contains provisions for relief from liability for owners
of leased or rented motor vehicles. Additionally, it provides as valid
defenses that the vehicle was reported stolen and had not been
recovered prior to the time the violation occurred, or that the
traffic signal was malfunctioning at the time of the alleged
violation.

The bill also contains a provision allowing owners found in violation
of this section to maintain an action for indemnification against the
operator of the vehicle at the time of the violation. Finally, the
bill requires the City of Mt. Vernon to submit an annual report on the
demonstration program to the Governor and Legislature.


JUSTIFICATION:

Red light running accidents are often the worst type of accident; they
often involve speed and right-angle impacts, which can lead to the
most severe injuries.

Many cities in the United States already have operational photo
enforcement for catching red light runners, including New York City,
Los Angeles, San Francisco, San Diego, Baltimore, and Washington D.C.,
resulting in safer intersections.

Most significantly, New York City has had a highly successful red
light camera program. The data from the New York City Department of
Transportation has demonstrated that the presence of red light cameras
significantly alters the behavior of drivers and dramatically reduces
the number of accidents at affected intersections. Traffic accidents
at intersections are a major public safety issue in the City of Mt.
Vernon and it is beyond doubt that a red light camera program would
provide a significant improvement in traffic safety within the City.

PRIOR LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

Undetermined.

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
________________________________________________________________________

                                  5010

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 6, 2013
                               ___________

Introduced  by  Sen. HASSELL-THOMPSON -- 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  red  light
  cameras in the city of Mt. Vernon

  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.  OWNER  LIABILITY  FOR  FAILURE  OF OPERATOR TO COMPLY WITH
TRAFFIC-CONTROL INDICATIONS. (A) 1. NOTWITHSTANDING ANY OTHER  PROVISION
OF  LAW,  THE  CITY  OF MT. VERNON IS HEREBY 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 FAIL-
URE OF AN OPERATOR THEREOF TO COMPLY WITH TRAFFIC-CONTROL INDICATIONS IN
SUCH CITY IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. SUCH DEMON-
STRATION PROGRAM SHALL EMPOWER SUCH CITY TO INSTALL AND  OPERATE  TRAFF-
IC-CONTROL  SIGNAL  PHOTO  VIOLATION-MONITORING  DEVICES AT NO MORE THAN
TWENTY INTERSECTIONS WITHIN SUCH CITY 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-
CLE, PROVIDED THAT SUCH CITY HAS MADE A REASONABLE EFFORT TO COMPLY WITH
THE PROVISIONS OF THIS PARAGRAPH.
  (B) IN ANY SUCH CITY WHICH HAS ADOPTED A LOCAL LAW OR ORDINANCE PURSU-
ANT 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10656-01-3

S. 5010                             2

IMPLIED, IN VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEV-
EN  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.
  (C) FOR PURPOSES OF THIS  SECTION,  "OWNER"  SHALL  HAVE  THE  MEANING
PROVIDED IN ARTICLE TWO-B OF THIS CHAPTER. FOR PURPOSES OF THIS SECTION,
"TRAFFIC-CONTROL  SIGNAL PHOTO VIOLATION-MONITORING SYSTEM" SHALL MEAN A
VEHICLE SENSOR INSTALLED TO WORK IN CONJUNCTION WITH  A  TRAFFIC-CONTROL
SIGNAL WHICH AUTOMATICALLY PRODUCES TWO OR MORE PHOTOGRAPHS, TWO OR MORE
MICROPHOTOGRAPHS,  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 ELEVEN OF THIS ARTICLE.
  (D)  A  CERTIFICATE,  SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY
THE CITY OF MT. VERNON 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 TRAFFIC-CONTROL
SIGNAL PHOTO VIOLATION-MONITORING SYSTEM, SHALL BE PRIMA FACIE  EVIDENCE
OF THE FACTS CONTAINED THEREIN. ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDE-
OTAPE  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 IF SUCH CITY BY  LOCAL
LAW HAS AUTHORIZED THE ADJUDICATION OF SUCH OWNER LIABILITY BY A PARKING
VIOLATIONS  BUREAU,  SUCH  SCHEDULE SHALL BE PROMULGATED BY SUCH BUREAU.
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.
  (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 ELEVEN 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 ELEVEN 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.

S. 5010                             3

  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 CITY OF
MT. VERNON, OR BY ANY OTHER ENTITY AUTHORIZED BY SUCH  CITY  TO  PREPARE
AND MAIL SUCH NOTIFICATION OF VIOLATION.
  (H)  ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION
SHALL BE BY A TRAFFIC VIOLATIONS BUREAU ESTABLISHED PURSUANT TO  SECTION
THREE HUNDRED SEVENTY OF THE GENERAL MUNICIPAL LAW OR, IF THERE BE NONE,
BY  THE  COURT HAVING JURISDICTION OVER TRAFFIC INFRACTIONS, EXCEPT THAT
IF SUCH CITY HAS ESTABLISHED AN  ADMINISTRATIVE  TRIBUNAL  TO  HEAR  AND
DETERMINE COMPLAINTS OF TRAFFIC INFRACTIONS CONSTITUTING PARKING, STAND-
ING  OR  STOPPING VIOLATIONS SUCH CITY MAY, BY LOCAL LAW, AUTHORIZE SUCH
ADJUDICATION BY SUCH TRIBUNAL.
  (I) IF AN OWNER RECEIVES  A  NOTICE  OF  LIABILITY  PURSUANT  TO  THIS
SECTION FOR ANY TIME PERIOD DURING WHICH THE VEHICLE WAS REPORTED TO THE
POLICE  DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE A VALID DEFENSE TO
AN ALLEGATION OF LIABILITY FOR A VIOLATION OF SUBDIVISION (D) OF SECTION
ELEVEN HUNDRED ELEVEN 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 SUFFI-
CIENT THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE  STOLEN  VEHICLE
BE  SENT  BY  FIRST  CLASS  MAIL TO THE TRAFFIC VIOLATIONS BUREAU, COURT
HAVING JURISDICTION OR PARKING VIOLATIONS BUREAU.
  (J) 1. IN SUCH CITY WHERE THE ADJUDICATION OF LIABILITY  IMPOSED  UPON
OWNERS  PURSUANT  TO THIS SECTION IS BY A TRAFFIC VIOLATIONS BUREAU 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 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 BUREAU OR COURT OF THE DATE AND TIME OF SUCH VIOLATION, TOGETH-
ER  WITH  THE  OTHER  INFORMATION  CONTAINED  IN  THE ORIGINAL NOTICE OF
LIABILITY. FAILURE TO SEND SUCH INFORMATION WITHIN SUCH THIRTY-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 ELEVEN OF THIS ARTICLE PURSUANT TO THIS
SECTION AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO  SUBDIVISION
(G) OF THIS SECTION.
  2.  (I)  IN  SUCH CITY WHICH, BY LOCAL LAW, HAS AUTHORIZED THE ADJUDI-
CATION OF LIABILITY IMPOSED UPON OWNERS BY THIS  SECTION  BY  A  PARKING
VIOLATIONS  BUREAU,  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:

S. 5010                             4

  (A) PRIOR TO THE VIOLATION, THE LESSOR HAS FILED WITH  THE  BUREAU  IN
ACCORDANCE  WITH  THE  PROVISIONS  OF SECTION TWO HUNDRED THIRTY-NINE OF
THIS CHAPTER; AND
  (B) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE BUREAU OF
THE  DATE  AND  TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFORMATION
CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY, THE LESSOR SUBMITS TO THE
BUREAU THE CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE IDENTI-
FIED IN THE NOTICE OF LIABILITY AT THE TIME OF SUCH VIOLATION,  TOGETHER
WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL, LEASE OR
OTHER  CONTRACT  DOCUMENT,  AS  MAY BE REASONABLY REQUIRED BY THE BUREAU
PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE.
  (II) FAILURE TO COMPLY WITH CLAUSE (B) OF  SUBPARAGRAPH  (I)  OF  THIS
PARAGRAPH  SHALL  RENDER  THE OWNER LIABLE FOR THE PENALTY PRESCRIBED IN
THIS SECTION.
  (III) 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  SUCH VIOLATION PURSUANT TO THIS SECTION AND
SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (G) OF  THIS
SECTION.
  (K)  1.  IF  THE  OWNER  LIABLE  FOR A VIOLATION OF SUBDIVISION (D) OF
SECTION ELEVEN HUNDRED ELEVEN 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.
  2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO OWNER OF  A
VEHICLE  SHALL  BE  SUBJECT  TO A MONETARY FINE IMPOSED PURSUANT TO THIS
SECTION IF THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH-
OUT THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR FAILED TO OBEY  A
TRAFFIC-CONTROL INDICATION. FOR PURPOSES OF THIS SUBDIVISION THERE SHALL
BE  A  PRESUMPTION  THAT THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH
VEHICLE WITH THE CONSENT OF THE OWNER AT THE TIME SUCH  OPERATOR  FAILED
TO OBEY A TRAFFIC-CONTROL INDICATION.
  (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 ELEVEN OF THIS ARTICLE.
  (M)  IN ANY SUCH CITY WHICH ADOPTS A DEMONSTRATION PROGRAM PURSUANT TO
SUBDIVISION (A) OF THIS SECTION, SUCH 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 PRESIDENT OF
THE SENATE AND THE SPEAKER OF THE ASSEMBLY ON OR BEFORE JUNE FIRST,  TWO
THOUSAND  FOURTEEN 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. 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 INFORMATION IS MAINTAINED BY THE DEPARTMENT OF MOTOR
VEHICLES OF THIS STATE;
  3. 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;

S. 5010                             5

  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 CITY FROM SUCH ADJUDI-
CATIONS;
  9. EXPENSES INCURRED BY SUCH CITY IN CONNECTION WITH THE PROGRAM; AND
  10. QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
  (N)  IT  SHALL  BE  A  DEFENSE TO ANY   PROSECUTION FOR A VIOLATION OF
SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE  PURSU-
ANT  TO  A  LOCAL LAW OR ORDINANCE ADOPTED PURSUANT TO THIS SECTION THAT
SUCH TRAFFIC-CONTROL INDICATIONS WERE MALFUNCTIONING AT THE TIME OF  THE
ALLEGED VIOLATION.
  S 2. This act shall take effect immediately.

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