senate Bill S6918

Relates to establishing in the counties of Nassau and Suffolk a demonstration program implementing speed violation monitoring systems in school speed zones by means of photo 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

  • 31 / Mar / 2014
    • REFERRED TO RULES
  • 30 / Apr / 2014
    • ORDERED TO THIRD READING CAL.488
  • 30 / Apr / 2014
    • SUBSTITUTED BY A9206

Summary

Relates to establishing in the counties of Nassau and Suffolk a demonstration program implementing speed violation monitoring systems in school speed zones by means of photo devices; relates to photo speed violation monitoring systems in school speed zones in the city of NY; provides for the repeal of such provisions upon expiration thereof.

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Bill Details

See Assembly Version of this Bill:
A9206
Versions:
S6918
Legislative Cycle:
2013-2014
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§401, 1809, 1809-e & 1180-b, add §1180-c, V & T L; amd §87, Pub Off L; amd §371, Gen Muni L

Sponsor Memo

BILL NUMBER:S6918

TITLE OF BILL: An act to amend the vehicle and traffic law, the
public officers law and the general municipal law, in relation to
establishing in the counties of Nassau and Suffolk a demonstration
program implementing speed violation monitoring systems in school
speed zones by means of photo devices, and in relation to photo speed
violation monitoring systems in school speed zones in the city of New
York; and providing for the repeal of such provisions upon expiration
thereof

PURPOSE OR GENERAL IDEA OF BILL:

To reduce incidents of speeding in school zones in order to better
protect schoolchildren.

SUMMARY OF SPECIFIC PROVISIONS:

The bill would authorize the counties of Nassau and Suffolk to each
establish a four-year pilot program to impose monetary liability on
vehicle owners for the failure of vehicle operators to comply with
maximum posted speed limits in school speed zones during school days
and school activities. These counties would be authorized to use photo
speed violation monitoring systems within one school speed zone per
school district in the counties.

Additionally, the bill would expand the number of school speed zones
in which the City of New York would be authorized to use speed cameras
in its demonstration program by an additional 120, for a total of 140.

JUSTIFICATION:

The safety of schoolchildren around our schools is of paramount
importance. In an effort to assess the effectiveness and impact in New
York of automated enforcement systems on deterring drivers from
speeding on streets where schools are located and thereby increase the
safety of schoolchildren, the Legislature last year authorized the
City of New York to implement a pilot program for the use of photo
speed enforcement in up to twenty school zones. This bill would expand
the size of this pilot program by expanding the number of school speed
zones eligible for automated speed enforcement to a total of 140. The
bill also would authorize the counties of Nassau and Suffolk to
implement pilot programs for the use of photo speed violation
monitoring systems in one school speed zone per school district in
each county (69 in Suffolk County and 56 in Nassau County). While
there have been a variety of studies over the years on automated
enforcement, the National Highway Traffic Safety Administration has
found that only a few studies were "well-controlled." By authorizing a
greater number of cameras in New York City as well as pilot programs
in Nassau and Suffolk Counties, this bill is intended to provide New
York-specific information on speed camera performance and to reduce
incidents of speeding at locations targeted to protect some of our
most vulnerable residents, our schoolchildren.

PRIOR LEGISLATIVE HISTORY:

New bill.


FISCAL IMPLICATIONS:

None to the State.

EFFECTIVE DATE:

30th day after enactment, to expire and be deemed repealed four years
after such date.

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

                                  6918

                            I N  S E N A T E

                             March 31, 2014
                               ___________

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

AN ACT to amend the vehicle and traffic law, the public officers law and
  the general municipal law, in relation to establishing in the counties
  of Nassau and  Suffolk  a  demonstration  program  implementing  speed
  violation  monitoring  systems in school speed zones by means of photo
  devices, and in relation to photo speed violation  monitoring  systems
  in  school  speed zones in the city of New York; and providing for the
  repeal of such provisions upon expiration thereof

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

  Section  1.  Subparagraph  (i)  of  paragraph  a of subdivision 5-a of
section 401 of the vehicle and traffic law, as amended by section  9  of
chapter 189 of the laws of 2013, is amended to read as follows:
  (i) If at the time of application for a registration or renewal there-
of  there  is  a  certification from a court, parking violations bureau,
traffic and parking violations  agency  or  administrative  tribunal  of
appropriate  jurisdiction  [or  administrative  tribunal  of appropriate
jurisdiction] that the registrant or his or her representative failed to
appear on the return date or any subsequent adjourned date or failed  to
comply  with  the  rules  and  regulations of an administrative tribunal
following entry of a final decision in response to a total of  three  or
more summonses or other process in the aggregate, issued within an eigh-
teen  month  period,  charging  either  that: (i) such motor vehicle was
parked, stopped or standing, or that such motor vehicle was operated for
hire by the registrant or his or her agent without being licensed  as  a
motor  vehicle for hire by the appropriate local authority, in violation
of any of the provisions of this chapter or of any law, ordinance,  rule
or  regulation  made  by  a  local authority; or (ii) the registrant was
liable in accordance with section eleven hundred eleven-a of this  chap-
ter  or  section eleven hundred eleven-b of this chapter for a violation
of subdivision (d) of section eleven hundred eleven of this chapter;  or
(iii)  the  registrant  was  liable  in  accordance  with section eleven
hundred eleven-c  of  this  chapter  for  a  violation  of  a  bus  lane

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14587-01-4

S. 6918                             2

restriction  as  defined  in  such  section,  or (iv) the registrant was
liable in accordance with section eleven hundred eighty-b of this  chap-
ter  for a violation of subdivision (c) or (d) of section eleven hundred
eighty  of  this chapter, OR (V) THE REGISTRANT WAS LIABLE IN ACCORDANCE
WITH SECTION ELEVEN HUNDRED EIGHTY-C OF THIS CHAPTER FOR A VIOLATION  OF
SUBDIVISION (C) OR (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER,
the  commissioner  or  his  or  her agent shall deny the registration or
renewal application until the applicant provides proof from  the  court,
traffic and parking violations agency or administrative tribunal wherein
the charges are pending that an appearance or answer has been made or in
the  case of an administrative tribunal that he or she has complied with
the rules and regulations of said tribunal following entry  of  a  final
decision.  Where  an application is denied pursuant to this section, the
commissioner may, in his or  her  discretion,  deny  a  registration  or
renewal  application  to  any  other person for the same vehicle and may
deny a registration or renewal application for any other  motor  vehicle
registered  in  the  name  of  the  applicant where the commissioner has
determined that such registrant's intent has been to evade the  purposes
of this subdivision and where the commissioner has reasonable grounds to
believe  that  such  registration  or  renewal  will  have the effect of
defeating the purposes of  this  subdivision.  Such  denial  shall  only
remain  in  effect as long as the summonses remain unanswered, or in the
case of an administrative tribunal, the registrant fails to comply  with
the rules and regulations following entry of a final decision.
  S  1-a.   Paragraph a of subdivision 5-a of section 401 of the vehicle
and traffic law, as amended by section 9-a of chapter 189 of the laws of
2013, is amended to read as follows:
  a. If at the time of application for a registration or renewal thereof
there is a certification from a  court  or  administrative  tribunal  of
appropriate  jurisdiction  that  the  registrant or his or her represen-
tative failed to appear on the return date or any  subsequent  adjourned
date  or  failed to comply with the rules and regulations of an adminis-
trative tribunal following entry of a final decision in  response  to  a
total  of  three  or  more  summonses or other process in the aggregate,
issued within an eighteen month period, charging either that:  (i)  such
motor  vehicle was parked, stopped or standing, or that such motor vehi-
cle was operated for hire by the registrant or his or her agent  without
being  licensed  as  a  motor  vehicle for hire by the appropriate local
authority, in violation of any of the provisions of this chapter  or  of
any  law,  ordinance,  rule  or regulation made by a local authority; or
(ii) the registrant was liable in accordance with section eleven hundred
eleven-b of this chapter for a violation of subdivision (d)  of  section
eleven  hundred  eleven  of  this  chapter;  or (iii) the registrant was
liable in accordance with section eleven hundred eleven-c of this  chap-
ter  for  a  violation  of  a  bus  lane  restriction as defined in such
section; or (iv) the registrant was liable in  accordance  with  section
eleven  hundred  eighty-b of this chapter for a violation of subdivision
(b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
ter; OR (V) THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION  ELEVEN
HUNDRED  EIGHTY-C  OF  THIS  CHAPTER FOR A VIOLATION OF SUBDIVISION (B),
(C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF  THIS  CHAPTER,
the  commissioner  or  his  or  her agent shall deny the registration or
renewal application until the applicant provides proof from the court or
administrative tribunal wherein the charges are pending that an  appear-
ance  or answer has been made or in the case of an administrative tribu-
nal that he or she has complied with the rules and regulations  of  said

S. 6918                             3

tribunal  following  entry  of a final decision. Where an application is
denied pursuant to this section, the commissioner may,  in  his  or  her
discretion,  deny  a  registration  or  renewal application to any other
person  for  the  same  vehicle  and  may deny a registration or renewal
application for any other motor vehicle registered in the  name  of  the
applicant  where  the commissioner has determined that such registrant's
intent has been to evade the purposes of this subdivision and where  the
commissioner has reasonable grounds to believe that such registration or
renewal  will have the effect of defeating the purposes of this subdivi-
sion. Such denial shall only remain in effect as long as  the  summonses
remain  unanswered,  or  in  the case of an administrative tribunal, the
registrant fails to comply with  the  rules  and  regulations  following
entry of a final decision.
  S  1-b.  Paragraph  a of subdivision 5-a of section 401 of the vehicle
and traffic law, as amended by section 9-b of chapter 189 of the laws of
2013, is amended to read as follows:
  a. If at the time of application for a registration or renewal thereof
there is a certification from a  court  or  administrative  tribunal  of
appropriate  jurisdiction  that  the  registrant or his or her represen-
tative failed to appear on the return date or any  subsequent  adjourned
date  or  failed to comply with the rules and regulations of an adminis-
trative tribunal following entry of a  final  decision  in  response  to
three  or  more  summonses  or  other process, issued within an eighteen
month period, charging that such motor vehicle was  parked,  stopped  or
standing, or that such motor vehicle was operated for hire by the regis-
trant  or his or her agent without being licensed as a motor vehicle for
hire by the appropriate local authority, in  violation  of  any  of  the
provisions  of this chapter or of any law, ordinance, rule or regulation
made by a local authority or the registrant  was  liable  in  accordance
with  section eleven hundred eleven-c of this chapter for a violation of
a bus lane restriction as defined in such section, or the registrant was
liable in accordance with section eleven hundred eighty-b of this  chap-
ter  for a violation of subdivision (b), (c), (d), (f) or (g) of section
eleven hundred eighty of this chapter, OR THE REGISTRANT WAS  LIABLE  IN
ACCORDANCE  WITH  SECTION  ELEVEN HUNDRED EIGHTY-C OF THIS CHAPTER FOR A
VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR  (G)  OF  SECTION  ELEVEN
HUNDRED  EIGHTY  OF  THIS  CHAPTER, the commissioner or his or her agent
shall deny the registration or renewal application until  the  applicant
provides  proof  from  the  court or administrative tribunal wherein the
charges are pending that an appearance or answer has been made or in the
case of an administrative tribunal that he or she has complied with  the
rules  and regulations of said tribunal following entry of a final deci-
sion. Where an application is  denied  pursuant  to  this  section,  the
commissioner  may,  in  his  or  her  discretion, deny a registration or
renewal application to any other person for the  same  vehicle  and  may
deny  a  registration or renewal application for any other motor vehicle
registered in the name of  the  applicant  where  the  commissioner  has
determined  that such registrant's intent has been to evade the purposes
of this subdivision and where the commissioner has reasonable grounds to
believe that such registration  or  renewal  will  have  the  effect  of
defeating  the  purposes  of  this  subdivision.  Such denial shall only
remain in effect as long as the summonses remain unanswered, or  in  the
case  of an administrative tribunal, the registrant fails to comply with
the rules and regulations following entry of a final decision.

S. 6918                             4

  S 1-c. Paragraph a of subdivision 5-a of section 401  of  the  vehicle
and traffic law, as amended by section 9-c of chapter 189 of the laws of
2013, is amended to read as follows:
  a. If at the time of application for a registration or renewal thereof
there  is  a  certification  from  a court or administrative tribunal of
appropriate jurisdiction  that  the  registrant  or  his  representative
failed  to appear on the return date or any subsequent adjourned date or
failed to comply with the rules and  regulations  of  an  administrative
tribunal  following  entry  of  a final decision in response to three or
more summonses or other process, issued within an eighteen month period,
charging that such motor vehicle was parked,  stopped  or  standing,  or
that  such  motor vehicle was operated for hire by the registrant or his
agent without being licensed as a motor vehicle for hire by  the  appro-
priate  local  authority,  in violation of any of the provisions of this
chapter or of any law, ordinance, rule or regulation  made  by  a  local
authority, or the registrant was liable in accordance with section elev-
en  hundred  eighty-b of this chapter for violations of subdivision (b),
(c), (d), (f) or (g) of section eleven hundred eighty of  this  chapter,
OR  THE  REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
EIGHTY-C OF THIS CHAPTER FOR VIOLATIONS OF SUBDIVISION  (B),  (C),  (D),
(F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER, the commis-
sioner  or  his agent shall deny the registration or renewal application
until the applicant provides proof  from  the  court  or  administrative
tribunal  wherein  the  charges are pending that an appearance or answer
has been made or in the case of an administrative tribunal that  he  has
complied with the rules and regulations of said tribunal following entry
of  a  final  decision.  Where an application is denied pursuant to this
section, the commissioner may, in his discretion, deny a registration or
renewal application to any other person for the  same  vehicle  and  may
deny  a  registration or renewal application for any other motor vehicle
registered in the name of  the  applicant  where  the  commissioner  has
determined  that such registrant's intent has been to evade the purposes
of this subdivision and where the commissioner has reasonable grounds to
believe that such registration  or  renewal  will  have  the  effect  of
defeating  the  purposes  of  this  subdivision.  Such denial shall only
remain in effect as long as the summonses remain unanswered, or  in  the
case  of an administrative tribunal, the registrant fails to comply with
the rules and regulations following entry of a final decision.
  S 1-d. Paragraph a of subdivision 5-a of section 401  of  the  vehicle
and  traffic  law,  as separately amended by chapters 339 and 592 of the
laws of 1987, is amended to read as follows:
  a. If at the time of application for a registration or renewal thereof
there is a certification from a  court  or  administrative  tribunal  of
appropriate  jurisdiction  that  the  registrant  or  his representative
failed to appear on the return date or any subsequent adjourned date  or
failed  to  comply  with  the rules and regulations of an administrative
tribunal following entry of a final decision in  response  to  three  or
more summonses or other process, issued within an eighteen month period,
charging  that  such  motor  vehicle was parked, stopped or standing, or
that such motor vehicle was operated for hire by the registrant  or  his
agent  without  being licensed as a motor vehicle for hire by the appro-
priate local authority, in violation of any of the  provisions  of  this
chapter  or  of  any  law, ordinance, rule or regulation made by a local
authority, OR THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION ELEV-
EN HUNDRED EIGHTY-C OF THIS CHAPTER FOR VIOLATIONS OF  SUBDIVISION  (B),
(C),  (D),  (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER,

S. 6918                             5

the commissioner or his agent shall deny  the  registration  or  renewal
application  until the applicant provides proof from the court or admin-
istrative tribunal wherein the charges are pending that an appearance or
answer  has  been made or in the case of an administrative tribunal that
he has complied with the rules and regulations of said tribunal  follow-
ing  entry  of a final decision. Where an application is denied pursuant
to this section, the commissioner may, in his discretion, deny a  regis-
tration  or renewal application to any other person for the same vehicle
and may deny a registration or renewal application for any  other  motor
vehicle  registered  in the name of the applicant where the commissioner
has determined that such registrant's  intent  has  been  to  evade  the
purposes  of  this subdivision and where the commissioner has reasonable
grounds to believe that such  registration  or  renewal  will  have  the
effect  of defeating the purposes of this subdivision. Such denial shall
only remain in effect as long as the summonses remain unanswered, or  in
the  case  of an administrative tribunal, the registrant fails to comply
with the rules and regulations following entry of a final decision.
  S 2. The vehicle and traffic law is amended by adding  a  new  section
1180-c to read as follows:
  S  1180-C.  OWNER  LIABILITY  FOR  FAILURE  OF OPERATOR TO COMPLY WITH
CERTAIN POSTED MAXIMUM SPEED LIMITS. (A) 1.  NOTWITHSTANDING  ANY  OTHER
PROVISION  OF LAW, THE COUNTIES OF NASSAU AND SUFFOLK ARE HEREBY AUTHOR-
IZED TO ESTABLISH A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON
THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH
POSTED MAXIMUM SPEED LIMITS IN A SCHOOL SPEED ZONE WITHIN  THE  COUNTIES
(I) WHEN A SCHOOL SPEED LIMIT IS IN EFFECT AS PROVIDED IN PARAGRAPHS ONE
AND  TWO  OF  SUBDIVISION  (C)  OF SECTION ELEVEN HUNDRED EIGHTY OF THIS
ARTICLE OR (II) WHEN OTHER SPEED LIMITS ARE IN  EFFECT  AS  PROVIDED  IN
SUBDIVISION  (B),  (D),  (F)  OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF
THIS ARTICLE DURING THE FOLLOWING  TIMES:  (A)  ON  SCHOOL  DAYS  DURING
SCHOOL  HOURS AND ONE HOUR BEFORE AND ONE HOUR AFTER THE SCHOOL DAY, AND
(B) A PERIOD DURING STUDENT ACTIVITIES AT THE SCHOOL AND  UP  TO  THIRTY
MINUTES  IMMEDIATELY  BEFORE  AND UP TO THIRTY MINUTES IMMEDIATELY AFTER
SUCH STUDENT ACTIVITIES. SUCH DEMONSTRATION PROGRAM  SHALL  EMPOWER  THE
COUNTIES  TO  INSTALL PHOTO SPEED VIOLATION MONITORING SYSTEMS WITHIN NO
MORE THAN ONE SCHOOL SPEED ZONE PER SCHOOL DISTRICT WITHIN  EACH  COUNTY
AT ANY ONE TIME AND TO OPERATE SUCH SYSTEMS WITHIN SUCH ZONES (III) WHEN
A  SCHOOL SPEED LIMIT IS IN EFFECT AS PROVIDED IN PARAGRAPHS ONE AND TWO
OF SUBDIVISION (C) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS  ARTICLE  OR
(IV)  WHEN  OTHER  SPEED LIMITS ARE IN EFFECT AS PROVIDED IN SUBDIVISION
(B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY  OF  THIS  ARTICLE
DURING  THE  FOLLOWING TIMES: (A) ON SCHOOL DAYS DURING SCHOOL HOURS AND
ONE HOUR BEFORE AND ONE HOUR AFTER THE SCHOOL  DAY,  AND  (B)  A  PERIOD
DURING  STUDENT  ACTIVITIES AT THE SCHOOL AND UP TO THIRTY MINUTES IMME-
DIATELY BEFORE AND UP TO THIRTY MINUTES IMMEDIATELY AFTER  SUCH  STUDENT
ACTIVITIES.  IN  SELECTING  A  SCHOOL SPEED ZONE IN WHICH TO INSTALL AND
OPERATE A PHOTO SPEED VIOLATION MONITORING SYSTEM,  THE  COUNTIES  SHALL
CONSIDER  CRITERIA  INCLUDING,  BUT NOT LIMITED TO THE SPEED DATA, CRASH
HISTORY, AND THE ROADWAY GEOMETRY APPLICABLE TO SUCH SCHOOL SPEED ZONE.
  2. NO PHOTO SPEED VIOLATION MONITORING  SYSTEM  SHALL  BE  USED  IN  A
SCHOOL SPEED ZONE UNLESS (I) ON THE DAY IT IS TO BE USED IT HAS SUCCESS-
FULLY  PASSED A SELF-TEST OF ITS FUNCTIONS; AND (II) IT HAS UNDERGONE AN
ANNUAL CALIBRATION CHECK PERFORMED PURSUANT TO PARAGRAPH  FOUR  OF  THIS
SUBDIVISION.  THE  COUNTIES MAY INSTALL SIGNS GIVING NOTICE THAT A PHOTO
SPEED VIOLATION MONITORING SYSTEM IS IN USE TO  BE  MOUNTED  ON  ADVANCE
WARNING  SIGNS NOTIFYING MOTOR VEHICLE OPERATORS OF SUCH UPCOMING SCHOOL

S. 6918                             6

SPEED ZONE AND/OR ON SPEED LIMIT SIGNS  APPLICABLE  WITHIN  SUCH  SCHOOL
SPEED ZONE, IN CONFORMANCE WITH STANDARDS ESTABLISHED IN THE MUTCD.
  3.  OPERATORS  OF  PHOTO SPEED VIOLATION MONITORING SYSTEMS SHALL HAVE
COMPLETED TRAINING IN THE PROCEDURES FOR SETTING UP, TESTING, AND  OPER-
ATING  SUCH  SYSTEMS. EACH SUCH OPERATOR SHALL COMPLETE AND SIGN A DAILY
SET-UP LOG FOR EACH SUCH SYSTEM THAT HE OR SHE OPERATES THAT (I)  STATES
THE  DATE  AND  TIME WHEN, AND THE LOCATION WHERE, THE SYSTEM WAS SET UP
THAT DAY, AND (II) STATES THAT SUCH OPERATOR SUCCESSFULLY PERFORMED, AND
THE SYSTEM PASSED, THE SELF-TESTS OF  SUCH  SYSTEM  BEFORE  PRODUCING  A
RECORDED  IMAGE  THAT DAY. THE COUNTIES SHALL RETAIN EACH SUCH DAILY LOG
UNTIL THE LATER OF THE DATE ON WHICH THE PHOTO SPEED VIOLATION  MONITOR-
ING  SYSTEM TO WHICH IT APPLIES HAS BEEN PERMANENTLY REMOVED FROM USE OR
THE FINAL RESOLUTION OF ALL CASES INVOLVING NOTICES OF LIABILITY  ISSUED
BASED  ON  PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEO OR OTHER RECORDED IMAGES
PRODUCED BY SUCH SYSTEM.
  4. EACH PHOTO SPEED VIOLATION MONITORING SYSTEM SHALL UNDERGO AN ANNU-
AL CALIBRATION CHECK PERFORMED BY AN INDEPENDENT CALIBRATION  LABORATORY
WHICH  SHALL  ISSUE  A  SIGNED  CERTIFICATE OF CALIBRATION. THE COUNTIES
SHALL KEEP EACH SUCH ANNUAL CERTIFICATE OF CALIBRATION ON FILE UNTIL THE
FINAL RESOLUTION OF ALL CASES INVOLVING A  NOTICE  OF  LIABILITY  ISSUED
DURING  SUCH  YEAR  WHICH  WERE  BASED ON PHOTOGRAPHS, MICROPHOTOGRAPHS,
VIDEOTAPE  OR  OTHER  RECORDED  IMAGES  PRODUCED  BY  SUCH  PHOTO  SPEED
VIOLATION MONITORING SYSTEM.
  5. (I) SUCH DEMONSTRATION PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES
TO  ENSURE,  TO  THE  EXTENT  PRACTICABLE, THAT PHOTOGRAPHS, MICROPHOTO-
GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY SUCH PHOTO  SPEED
VIOLATION  MONITORING SYSTEMS SHALL NOT INCLUDE IMAGES THAT IDENTIFY THE
DRIVER, THE PASSENGERS, OR THE CONTENTS OF THE VEHICLE. PROVIDED, HOWEV-
ER, THAT NO NOTICE OF LIABILITY ISSUED PURSUANT TO THIS SECTION SHALL BE
DISMISSED SOLELY BECAUSE SUCH A PHOTOGRAPH,  MICROPHOTOGRAPH,  VIDEOTAPE
OR OTHER RECORDED IMAGE ALLOWS FOR THE IDENTIFICATION OF THE DRIVER, THE
PASSENGERS, OR THE CONTENTS OF VEHICLES WHERE EITHER COUNTY, AS APPLICA-
BLE, SHOWS THAT IT MADE REASONABLE EFFORTS TO COMPLY WITH THE PROVISIONS
OF THIS PARAGRAPH IN SUCH CASE.
  (II)  PHOTOGRAPHS,  MICROPHOTOGRAPHS,  VIDEOTAPE OR ANY OTHER RECORDED
IMAGE FROM A PHOTO SPEED VIOLATION MONITORING SYSTEM SHALL  BE  FOR  THE
EXCLUSIVE USE OF EACH SUCH COUNTY FOR THE PURPOSE OF THE ADJUDICATION OF
LIABILITY  IMPOSED PURSUANT TO THIS SECTION AND OF THE OWNER RECEIVING A
NOTICE OF LIABILITY PURSUANT TO THIS SECTION, AND SHALL BE DESTROYED  BY
EACH SUCH COUNTY UPON THE FINAL RESOLUTION OF THE NOTICE OF LIABILITY TO
WHICH  SUCH  PHOTOGRAPHS,  MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED
IMAGES RELATE, OR ONE YEAR FOLLOWING THE DATE OF ISSUANCE OF SUCH NOTICE
OF LIABILITY, WHICHEVER IS LATER. NOTWITHSTANDING THE PROVISIONS OF  ANY
OTHER  LAW, RULE OR REGULATION TO THE CONTRARY, PHOTOGRAPHS, MICROPHOTO-
GRAPHS, VIDEOTAPE OR  ANY  OTHER  RECORDED  IMAGE  FROM  A  PHOTO  SPEED
VIOLATION MONITORING SYSTEM SHALL NOT BE OPEN TO THE PUBLIC, NOR SUBJECT
TO  CIVIL  OR  CRIMINAL  PROCESS  OR DISCOVERY, NOR USED BY ANY COURT OR
ADMINISTRATIVE OR ADJUDICATORY BODY IN ANY ACTION OR PROCEEDING  THEREIN
EXCEPT  THAT  WHICH  IS  NECESSARY  FOR  THE ADJUDICATION OF A NOTICE OF
LIABILITY ISSUED PURSUANT TO THIS  SECTION,  AND  NO  PUBLIC  ENTITY  OR
EMPLOYEE,  OFFICER  OR  AGENT  THEREOF  SHALL DISCLOSE SUCH INFORMATION,
EXCEPT THAT SUCH PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR  ANY  OTHER
RECORDED IMAGES FROM SUCH SYSTEMS:
  (A) SHALL BE AVAILABLE FOR INSPECTION AND COPYING AND USE BY THE MOTOR
VEHICLE  OWNER AND OPERATOR FOR SO LONG AS SUCH PHOTOGRAPHS, MICROPHOTO-

S. 6918                             7

GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES ARE REQUIRED TO BE MAINTAINED
OR ARE MAINTAINED BY SUCH PUBLIC ENTITY, EMPLOYEE, OFFICER OR AGENT; AND
  (B)  (1)  SHALL BE FURNISHED WHEN DESCRIBED IN A SEARCH WARRANT ISSUED
BY A COURT AUTHORIZED TO ISSUE SUCH A SEARCH WARRANT PURSUANT TO ARTICLE
SIX HUNDRED NINETY OF THE CRIMINAL PROCEDURE  LAW  OR  A  FEDERAL  COURT
AUTHORIZED  TO ISSUE SUCH A SEARCH WARRANT UNDER FEDERAL LAW, WHERE SUCH
SEARCH WARRANT STATES THAT THERE IS REASONABLE  CAUSE  TO  BELIEVE  SUCH
INFORMATION  CONSTITUTES  EVIDENCE  OF,  OR TENDS TO DEMONSTRATE THAT, A
MISDEMEANOR OR FELONY OFFENSE WAS COMMITTED IN  THIS  STATE  OR  ANOTHER
STATE,  OR  THAT A PARTICULAR PERSON PARTICIPATED IN THE COMMISSION OF A
MISDEMEANOR OR FELONY OFFENSE IN THIS STATE OR ANOTHER STATE,  PROVIDED,
HOWEVER, THAT IF SUCH OFFENSE WAS AGAINST THE LAWS OF ANOTHER STATE, THE
COURT  SHALL ONLY ISSUE A WARRANT IF THE CONDUCT COMPRISING SUCH OFFENSE
WOULD, IF OCCURRING IN THIS STATE, CONSTITUTE A  MISDEMEANOR  OR  FELONY
AGAINST THE LAWS OF THIS STATE; AND
  (2) SHALL BE FURNISHED IN RESPONSE TO A SUBPOENA DUCES TECUM SIGNED BY
A  JUDGE  OF  COMPETENT  JURISDICTION AND ISSUED PURSUANT TO ARTICLE SIX
HUNDRED TEN OF THE CRIMINAL PROCEDURE LAW OR A JUDGE OR MAGISTRATE OF  A
FEDERAL  COURT  AUTHORIZED  TO  ISSUE  SUCH A SUBPOENA DUCES TECUM UNDER
FEDERAL LAW, WHERE THE JUDGE FINDS AND THE SUBPOENA STATES THAT THERE IS
REASONABLE CAUSE TO BELIEVE SUCH INFORMATION IS RELEVANT AND MATERIAL TO
THE PROSECUTION, OR THE DEFENSE, OR THE INVESTIGATION BY  AN  AUTHORIZED
LAW  ENFORCEMENT OFFICIAL, OF THE ALLEGED COMMISSION OF A MISDEMEANOR OR
FELONY IN THIS STATE OR ANOTHER STATE, PROVIDED, HOWEVER, THAT  IF  SUCH
OFFENSE  WAS AGAINST THE LAWS OF ANOTHER STATE, SUCH JUDGE OR MAGISTRATE
SHALL ONLY ISSUE SUCH SUBPOENA IF THE CONDUCT  COMPRISING  SUCH  OFFENSE
WOULD, IF OCCURRING IN THIS STATE, CONSTITUTE A MISDEMEANOR OR FELONY IN
THIS STATE; AND
  (3)  MAY,  IF LAWFULLY OBTAINED PURSUANT TO THIS CLAUSE AND CLAUSE (A)
OF THIS SUBPARAGRAPH AND OTHERWISE ADMISSIBLE, BE USED IN SUCH  CRIMINAL
ACTION OR PROCEEDING.
  (B)  IF  THE  COUNTIES OF NASSAU AND SUFFOLK ESTABLISH A DEMONSTRATION
PROGRAM 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, WITHIN A SCHOOL SPEED ZONE IN VIOLATION OF SUBDIVI-
SION (C) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE OR DURING  THE
TIMES  AUTHORIZED  PURSUANT  TO  SUBDIVISION  (A)  OF  THIS  SECTION  IN
VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN  HUNDRED
EIGHTY  OF  THIS  ARTICLE, SUCH VEHICLE WAS TRAVELING AT A SPEED OF MORE
THAN TEN MILES PER HOUR ABOVE THE POSTED SPEED LIMIT  IN  EFFECT  WITHIN
SUCH  SCHOOL  SPEED ZONE, AND SUCH VIOLATION IS EVIDENCED BY INFORMATION
OBTAINED FROM A PHOTO SPEED VIOLATION MONITORING SYSTEM; PROVIDED HOWEV-
ER 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 (B), (C), (D),  (F)
OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
  (C)  FOR  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
  1. "MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES" OR "MUTCD"  SHALL  MEAN
THE  MANUAL  AND  SPECIFICATIONS FOR A UNIFORM SYSTEM OF TRAFFIC CONTROL
DEVICES MAINTAINED BY THE COMMISSIONER  OF  TRANSPORTATION  PURSUANT  TO
SECTION SIXTEEN HUNDRED EIGHTY OF THIS CHAPTER;
  2.  "OWNER"  SHALL  HAVE THE MEANING PROVIDED IN ARTICLE TWO-B OF THIS
CHAPTER.

S. 6918                             8

  3. "PHOTO SPEED VIOLATION MONITORING  SYSTEM"  SHALL  MEAN  A  VEHICLE
SENSOR  INSTALLED  TO  WORK IN CONJUNCTION WITH A SPEED MEASURING DEVICE
WHICH AUTOMATICALLY PRODUCES TWO OR MORE PHOTOGRAPHS, TWO OR MORE MICRO-
PHOTOGRAPHS, A VIDEOTAPE OR OTHER RECORDED IMAGES OF EACH VEHICLE AT THE
TIME  IT  IS  USED  OR  OPERATED  IN A SCHOOL SPEED ZONE IN VIOLATION OF
SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN  HUNDRED  EIGHTY
OF THIS ARTICLE IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION; AND
  4.  "SCHOOL  SPEED ZONE" SHALL MEAN A DISTANCE NOT TO EXCEED ONE THOU-
SAND THREE HUNDRED TWENTY FEET ON A HIGHWAY PASSING A  SCHOOL  BUILDING,
ENTRANCE OR EXIT OF A SCHOOL ABUTTING ON THE HIGHWAY.
  (D)  A  CERTIFICATE,  SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY
THE COUNTIES OF NASSAU OR SUFFOLK AS APPLICABLE, OR A FACSIMILE THEREOF,
BASED UPON INSPECTION OF  PHOTOGRAPHS,  MICROPHOTOGRAPHS,  VIDEOTAPE  OR
OTHER  RECORDED  IMAGES  PRODUCED  BY A PHOTO SPEED 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 INCLUDE AT LEAST  TWO  DATE  AND  TIME
STAMPED  IMAGES  OF  THE REAR OF THE MOTOR VEHICLE THAT INCLUDE THE SAME
STATIONARY OBJECT NEAR THE MOTOR VEHICLE  AND  SHALL  BE  AVAILABLE  FOR
INSPECTION  REASONABLY IN ADVANCE OF AND AT ANY PROCEEDING TO ADJUDICATE
THE LIABILITY FOR SUCH VIOLATION PURSUANT TO THIS SECTION.
  (E) AN OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (B), (C), (D),  (F)
OR  (G)  OF  SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO A
DEMONSTRATION PROGRAM ESTABLISHED PURSUANT  TO  THIS  SECTION  SHALL  BE
LIABLE FOR MONETARY PENALTIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND
PENALTIES  TO BE PROMULGATED BY THE TRAFFIC AND PARKING VIOLATIONS AGEN-
CIES OF THE COUNTIES OF NASSAU AND SUFFOLK. THE LIABILITY OF  THE  OWNER
PURSUANT  TO  THIS  SECTION  SHALL  NOT  EXCEED  FIFTY  DOLLARS FOR EACH
VIOLATION;  PROVIDED,  HOWEVER,  THAT  EACH  SUCH  TRAFFIC  AND  PARKING
VIOLATIONS AGENCY 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 THE DEMONSTRATION PROGRAM  ESTAB-
LISHED  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
(B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTI-
CLE  PURSUANT  TO  THIS  SECTION,  WITHIN FOURTEEN BUSINESS DAYS IF SUCH
OWNER IS A RESIDENT OF THIS STATE AND WITHIN FORTY-FIVE BUSINESS DAYS IF
SUCH OWNER IS A NON-RESIDENT. PERSONAL DELIVERY ON THE OWNER  SHALL  NOT
BE  REQUIRED.  A  MANUAL  OR AUTOMATIC RECORD OF MAILING PREPARED IN THE
ORDINARY COURSE OF BUSINESS 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
(B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTI-
CLE  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, THE IDENTIFICATION NUMBER OF
THE  CAMERA  WHICH  RECORDED  THE  VIOLATION  OR  OTHER DOCUMENT LOCATOR
NUMBER, AT LEAST TWO DATE AND TIME STAMPED IMAGES OF  THE  REAR  OF  THE
MOTOR  VEHICLE  THAT  INCLUDE  THE SAME STATIONARY OBJECT NEAR THE MOTOR
VEHICLE, AND THE CERTIFICATE CHARGING THE LIABILITY.

S. 6918                             9

  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 PROMINENT WARNING TO ADVISE THE PERSON CHARGED THAT FAIL-
URE TO CONTEST IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMIS-
SION OF LIABILITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
  4.  THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE COUNTY
OF NASSAU OR SUFFOLK, AS APPLICABLE, OR BY ANY OTHER  ENTITY  AUTHORIZED
BY SUCH COUNTIES TO PREPARE AND MAIL SUCH NOTICE OF LIABILITY.
  (H)  ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS OF 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 OR THE NUMBER PLATE
OR  PLATES  OF  SUCH  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 (B), (C), (D), (F) OR (G) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO  THIS  SECTION
THAT  THE VEHICLE OR THE NUMBER PLATE OR PLATES OF SUCH 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
OR NUMBER PLATE OR PLATES OF SUCH VEHICLE BE SENT BY FIRST CLASS MAIL TO
THE COURT HAVING JURISDICTION IN SUCH COUNTIES.
  (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 (B), (C), (D), (F) OR (G) 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  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 (B), (C), (D), (F) OR (G)  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)  1.  IF THE OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (C) OR (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.
  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 OPERATED SUCH
VEHICLE IN VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION
ELEVEN HUNDRED EIGHTY OF THIS ARTICLE. FOR PURPOSES OF THIS  SUBDIVISION
THERE SHALL BE A PRESUMPTION THAT THE OPERATOR OF SUCH VEHICLE WAS OPER-
ATING SUCH VEHICLE WITH THE CONSENT OF THE OWNER AT THE TIME SUCH OPERA-

S. 6918                            10

TOR OPERATED SUCH VEHICLE IN VIOLATION OF SUBDIVISION (B), (C), (D), (F)
OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
  (L)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF SUBDIVISION (C) OR  (D)
OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
  (M)  NOTWITHSTANDING  ANY LAW TO THE CONTRARY, THE NET PROCEEDS OF ANY
PENALTY AFTER EXPENSES OF ADMINISTRATION, RESULTING FROM A  PHOTO  SPEED
VIOLATION  MONITORING  SYSTEM USED IN THE COURSE OF THIS PROGRAM LOCATED
ON A VILLAGE MAINTAINED STREET OR HIGHWAY WITHIN THE  COUNTY  OF  NASSAU
SHALL INURE TO SAID VILLAGE.
  (N)  IF  EITHER COUNTY ADOPTS A DEMONSTRATION PROGRAM PURSUANT TO THIS
SECTION IT SHALL CONDUCT A STUDY AND SUBMIT A REPORT ON THE  RESULTS  OF
THE USE OF PHOTO DEVICES TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE
SENATE AND THE SPEAKER OF THE ASSEMBLY. SUCH REPORT SHALL INCLUDE:
  1. THE LOCATIONS WHERE AND DATES WHEN PHOTO SPEED VIOLATION MONITORING
SYSTEMS WERE USED;
  2.  THE  AGGREGATE  NUMBER,  TYPE AND SEVERITY OF CRASHES, FATALITIES,
INJURIES AND PROPERTY DAMAGE REPORTED  WITHIN  ALL  SCHOOL  SPEED  ZONES
WITHIN  SUCH  COUNTY, TO THE EXTENT THE INFORMATION IS MAINTAINED BY THE
DEPARTMENT OF MOTOR VEHICLES OF THIS STATE;
  3. THE AGGREGATE NUMBER, TYPE AND  SEVERITY  OF  CRASHES,  FATALITIES,
INJURIES  AND  PROPERTY  DAMAGE REPORTED WITHIN SCHOOL SPEED ZONES WHERE
PHOTO SPEED VIOLATION MONITORING SYSTEMS WERE USED, TO  THE  EXTENT  THE
INFORMATION  IS  MAINTAINED  BY THE DEPARTMENT OF MOTOR VEHICLES OF THIS
STATE;
  4. THE NUMBER OF VIOLATIONS RECORDED WITHIN  ALL  SCHOOL  SPEED  ZONES
WITHIN  SUCH  COUNTY,  IN  THE  AGGREGATE ON A DAILY, WEEKLY AND MONTHLY
BASIS;
  5. THE NUMBER OF VIOLATIONS RECORDED WITHIN  EACH  SCHOOL  SPEED  ZONE
WHERE  A  PHOTO SPEED VIOLATION MONITORING SYSTEM IS USED, IN THE AGGRE-
GATE ON A DAILY, WEEKLY AND MONTHLY BASIS;
  6. THE NUMBER OF VIOLATIONS RECORDED WITHIN  ALL  SCHOOL  SPEED  ZONES
WITHIN SUCH COUNTY THAT WERE:
  (I)  MORE  THAN  TEN  BUT NOT MORE THAN TWENTY MILES PER HOUR OVER THE
POSTED SPEED LIMIT;
  (II) MORE THAN TWENTY BUT NOT MORE THAN THIRTY MILES PER HOUR OVER THE
POSTED SPEED LIMIT;
  (III) MORE THAN THIRTY BUT NOT MORE THAN FORTY MILES PER HOUR OVER THE
POSTED SPEED LIMIT; AND
  (IV) MORE THAN FORTY MILES PER HOUR OVER THE POSTED SPEED LIMIT;
  7. THE NUMBER OF VIOLATIONS RECORDED WITHIN  EACH  SCHOOL  SPEED  ZONE
WHERE A PHOTO SPEED VIOLATION MONITORING SYSTEM IS USED THAT WERE:
  (I)  MORE  THAN  TEN  BUT NOT MORE THAN TWENTY MILES PER HOUR OVER THE
POSTED SPEED LIMIT;
  (II) MORE THAN TWENTY BUT NOT MORE THAN THIRTY MILES PER HOUR OVER THE
POSTED SPEED LIMIT;
  (III) MORE THAN THIRTY BUT NOT MORE THAN FORTY MILES PER HOUR OVER THE
POSTED SPEED LIMIT; AND
  (IV) MORE THAN FORTY MILES PER HOUR OVER THE POSTED SPEED LIMIT;
  8. THE TOTAL NUMBER OF NOTICES  OF  LIABILITY  ISSUED  FOR  VIOLATIONS
RECORDED BY SUCH SYSTEMS;
  9.  THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID AFTER THE FIRST
NOTICE OF LIABILITY ISSUED FOR VIOLATIONS RECORDED BY SUCH SYSTEMS;
  10. THE NUMBER OF VIOLATIONS ADJUDICATED AND THE RESULTS OF SUCH ADJU-
DICATIONS INCLUDING  BREAKDOWNS  OF  DISPOSITIONS  MADE  FOR  VIOLATIONS
RECORDED BY SUCH SYSTEMS;

S. 6918                            11

  11.  THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH COUNTY IN CONNECTION
WITH THE PROGRAM;
  12.  THE  EXPENSES  INCURRED  BY  SUCH  COUNTY  IN CONNECTION WITH THE
PROGRAM; AND
  13. THE QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
  (O) IT SHALL BE A DEFENSE TO ANY PROSECUTION FOR A VIOLATION OF SUBDI-
VISION (B), (C), (D), (F) OR (G) OF SECTION  ELEVEN  HUNDRED  EIGHTY  OF
THIS  ARTICLE  PURSUANT  TO THIS SECTION THAT SUCH PHOTO SPEED VIOLATION
MONITORING  SYSTEM  WAS  MALFUNCTIONING  AT  THE  TIME  OF  THE  ALLEGED
VIOLATION.
  S  3.  The  opening  paragraph  and  paragraph (c) of subdivision 1 of
section 1809 of the vehicle and traffic law, as amended by section 11 of
chapter 189 of the laws of 2013, are amended to read as follows:
  Whenever proceedings in an administrative tribunal or a court of  this
state  result  in  a  conviction  for an offense under this chapter or a
traffic infraction under this chapter, or a local law,  ordinance,  rule
or  regulation  adopted  pursuant  to this chapter, other than a traffic
infraction involving standing, stopping, or  parking  or  violations  by
pedestrians or bicyclists, or other than an adjudication of liability of
an  owner  for  a violation of subdivision (d) of section eleven hundred
eleven of  this  chapter  in  accordance  with  section  eleven  hundred
eleven-a  of this chapter, or other than an adjudication of liability of
an owner for a violation of subdivision (d) of  section  eleven  hundred
eleven  of  this  chapter  in  accordance  with  section  eleven hundred
eleven-b of this chapter, or other than an  adjudication  in  accordance
with  section eleven hundred eleven-c of this chapter for a violation of
a bus lane restriction as defined in such  section,  or  other  than  an
adjudication  of  liability  of  an owner for a violation of subdivision
(b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
ter in accordance with section eleven hundred eighty-b of this  chapter,
OR  OTHER  THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION
OF SUBDIVISION (B), (C), (D), (F)  OR  (G)  OF  SECTION  ELEVEN  HUNDRED
EIGHTY  OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT-
Y-C OF THIS CHAPTER, there shall be levied a crime victim assistance fee
and a mandatory surcharge, in  addition  to  any  sentence  required  or
permitted by law, in accordance with the following schedule:
  (c)  Whenever  proceedings in an administrative tribunal or a court of
this state result in a conviction for  an  offense  under  this  chapter
other than a crime pursuant to section eleven hundred ninety-two of this
chapter,  or  a  traffic  infraction under this chapter, or a local law,
ordinance, rule or regulation adopted pursuant to  this  chapter,  other
than  a  traffic  infraction involving standing, stopping, or parking or
violations by pedestrians or bicyclists, or other than  an  adjudication
of  liability  of an owner for a violation of subdivision (d) of section
eleven hundred eleven of this chapter in accordance with section  eleven
hundred  eleven-a  of  this  chapter,  or  other than an adjudication of
liability of an owner for a violation  of  subdivision  (d)  of  section
eleven  hundred eleven of this chapter in accordance with section eleven
hundred eleven-b of this chapter, or other than an  infraction  pursuant
to article nine of this chapter or other than an adjudication of liabil-
ity  of an owner for a violation of toll collection regulations pursuant
to section two thousand nine hundred eighty-five of the public  authori-
ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
hundred seventy-four of the laws of nineteen hundred fifty or other than
an  adjudication  in  accordance with section eleven hundred eleven-c of
this chapter for a violation of a bus lane  restriction  as  defined  in

S. 6918                            12

such section, or other than an adjudication of liability of an owner for
a  violation  of subdivision (b), (c), (d), (f) or (g) of section eleven
hundred eighty of this chapter in accordance with section eleven hundred
eighty-b  of this chapter, OR OTHER THAN AN ADJUDICATION OF LIABILITY OF
AN OWNER FOR A VIOLATION OF SUBDIVISION (B), (C), (D),  (F)  OR  (G)  OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION
ELEVEN  HUNDRED  EIGHTY-C OF THIS CHAPTER, there shall be levied a crime
victim assistance fee in the amount of  five  dollars  and  a  mandatory
surcharge,  in addition to any sentence required or permitted by law, in
the amount of fifty-five dollars.
  S 3-a. Subdivision 1 of section 1809 of the vehicle and  traffic  law,
as  amended  by  section  11-a  of  chapter  189 of the laws of 2013, is
amended to read as follows:
  1. Whenever proceedings in an administrative tribunal or  a  court  of
this  state  result  in a conviction for a crime under this chapter or a
traffic infraction under this chapter, or a local law,  ordinance,  rule
or  regulation  adopted  pursuant  to this chapter, other than a traffic
infraction involving standing, stopping, parking or motor vehicle equip-
ment or violations by pedestrians or bicyclists, or other than an  adju-
dication  of liability of an owner for a violation of subdivision (d) of
section eleven hundred eleven of this chapter in accordance with section
eleven hundred eleven-a of this chapter, or other than  an  adjudication
of  liability  of an owner for a violation of subdivision (d) of section
eleven hundred eleven of this chapter in accordance with section  eleven
hundred  eleven-b  of  this  chapter,  or  other than an adjudication in
accordance with section eleven hundred eleven-c of this  chapter  for  a
violation of a bus lane restriction as defined in such section, or other
than  an adjudication of liability of an owner for a violation of subdi-
vision (b), (c), (d), (f) or (g) of section  eleven  hundred  eighty  of
this  chapter in accordance with section eleven hundred eighty-b of this
chapter, OR OTHER THAN AN ADJUDICATION OF LIABILITY OF AN  OWNER  FOR  A
VIOLATION  OF  SUBDIVISION  (B),  (C), (D), (F) OR (G) OF SECTION ELEVEN
HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
EIGHTY-C OF THIS CHAPTER, there shall be levied a  mandatory  surcharge,
in  addition to any sentence required or permitted by law, in the amount
of twenty-five dollars.
  S 3-b. Subdivision 1 of section 1809 of the vehicle and  traffic  law,
as  amended  by  section  11-b  of  chapter  189 of the laws of 2013, is
amended to read as follows:
  1. Whenever proceedings in an administrative tribunal or  a  court  of
this  state  result  in a conviction for a crime under this chapter or a
traffic infraction under this chapter other than  a  traffic  infraction
involving  standing,  stopping,  parking  or  motor vehicle equipment or
violations by pedestrians or bicyclists, or other than  an  adjudication
in accordance with section eleven hundred eleven-c of this chapter for a
violation of a bus lane restriction as defined in such section, or other
than  an adjudication of liability of an owner for a violation of subdi-
vision (b), (c), (d), (f) or (g) of section  eleven  hundred  eighty  of
this  chapter in accordance with section eleven hundred eighty-b of this
chapter, OR OTHER THAN AN ADJUDICATION OF LIABILITY OF AN  OWNER  FOR  A
VIOLATION  OF  SUBDIVISION  (B),  (C), (D), (F) OR (G) OF SECTION ELEVEN
HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
EIGHTY-C OF THIS CHAPTER, there shall be levied a  mandatory  surcharge,
in  addition to any sentence required or permitted by law, in the amount
of seventeen dollars.

S. 6918                            13

  S 3-c. Subdivision 1 of section 1809 of the vehicle and  traffic  law,
as  amended  by  section  11-c  of  chapter  189 of the laws of 2013, is
amended to read as follows:
  1.  Whenever  proceedings  in an administrative tribunal or a court of
this state result in a conviction for a crime under this  chapter  or  a
traffic  infraction  under  this chapter other than a traffic infraction
involving standing, stopping, parking  or  motor  vehicle  equipment  or
violations  by  pedestrians or bicyclists, or other than an adjudication
of liability of an owner for a violation of subdivision (b),  (c),  (d),
(f)  or  (g) of section eleven hundred eighty of this chapter in accord-
ance with section eleven hundred eighty-b of this chapter, OR OTHER THAN
AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF  SUBDIVISION
(B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAP-
TER  IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-C OF THIS CHAPTER,
there shall be levied a mandatory surcharge, in addition to any sentence
required or permitted by law, in the amount of seventeen dollars.
  S 3-d. Subdivision 1 of section 1809 of the vehicle and  traffic  law,
as  separately  amended by chapter 16 of the laws of 1983 and chapter 62
of the laws of 1989, is amended to read as follows:
  1. Whenever proceedings in an administrative tribunal or  a  court  of
this  state  result  in a conviction for a crime under this chapter or a
traffic infraction under this chapter other than  a  traffic  infraction
involving  standing,  stopping,  parking  or  motor vehicle equipment or
violations by pedestrians or bicyclists, OR OTHER THAN  AN  ADJUDICATION
OF  LIABILITY  OF AN OWNER FOR A VIOLATION OF SUBDIVISION (B), (C), (D),
(F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER  IN  ACCORD-
ANCE  WITH  SECTION ELEVEN HUNDRED EIGHTY-C OF THIS CHAPTER, there shall
be levied a mandatory surcharge, in addition to any sentence required or
permitted by law, in the amount of seventeen dollars.
  S 4. Paragraph a of subdivision 1 of section 1809-e of the vehicle and
traffic law, as amended by section 12-a of chapter 189 of  the  laws  of
2013, is amended to read as follows:
  a. Notwithstanding any other provision of law, whenever proceedings in
a  court  or  an  administrative  tribunal  of  this  state  result in a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic infraction under this chapter, or a local law,  ordinance,  rule  or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists,  and  except  an adjudication of liability of an owner for a
violation of subdivision (d) of section eleven hundred  eleven  of  this
chapter in accordance with section eleven hundred eleven-a of this chap-
ter, and except an adjudication of liability of an owner for a violation
of  subdivision  (d) of section eleven hundred eleven of this chapter in
accordance with section eleven hundred eleven-b  of  this  chapter,  and
except  an  adjudication  in  accordance  with  section  eleven  hundred
eleven-c of this chapter of a violation of a  bus  lane  restriction  as
defined  in such section, and [expect] EXCEPT an adjudication of liabil-
ity of an owner for a violation of subdivision (b), (c), (d), (f) or (g)
of section eleven hundred eighty of  this  chapter  in  accordance  with
section  eleven  hundred eighty-b of this chapter, AND EXCEPT AN ADJUDI-
CATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (B), (C),
(D), (F) OR (G) OF SECTION ELEVEN HUNDRED  EIGHTY  OF  THIS  CHAPTER  IN
ACCORDANCE  WITH  SECTION  ELEVEN  HUNDRED EIGHTY-C OF THIS CHAPTER, and
except an adjudication of liability of an owner for a violation of  toll
collection  regulations  pursuant  to  section two thousand nine hundred

S. 6918                            14

eighty-five  of  the  public  authorities  law  or  sections  sixteen-a,
sixteen-b  and  sixteen-c  of  chapter seven hundred seventy-four of the
laws of nineteen hundred fifty, there shall be levied in addition to any
sentence,  penalty  or  other surcharge required or permitted by law, an
additional surcharge of twenty-eight dollars.
  S 4-a. Paragraph a of subdivision 1 of section 1809-e of  the  vehicle
and  traffic  law, as amended by section 12-b of chapter 189 of the laws
of 2013, is amended to read as follows:
  a. Notwithstanding any other provision of law, whenever proceedings in
a court or  an  administrative  tribunal  of  this  state  result  in  a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic  infraction  under  this chapter, or a local law, ordinance, rule or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists, and except an adjudication of liability of an  owner  for  a
violation  of  subdivision  (d) of section eleven hundred eleven of this
chapter in accordance with section eleven hundred eleven-a of this chap-
ter, and except  an  adjudication  in  accordance  with  section  eleven
hundred  eleven-c  of  this  chapter  of  a  violation  of  a  bus  lane
restriction as defined in such section, and except  an  adjudication  of
liability  of an owner for a violation of subdivision (b), (c), (d), (f)
or (g) of section eleven hundred eighty of this  chapter  in  accordance
with  section  eleven  hundred  eighty-b  of this chapter, AND EXCEPT AN
ADJUDICATION OF LIABILITY OF AN OWNER FOR  A  VIOLATION  OF  SUBDIVISION
(B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAP-
TER  IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-C OF THIS CHAPTER,
and except an adjudication of liability of an owner for a  violation  of
toll  collection  regulations  pursuant  to  section  two  thousand nine
hundred eighty-five of the public authorities law or sections sixteen-a,
sixteen-b and sixteen-c of chapter seven  hundred  seventy-four  of  the
laws of nineteen hundred fifty, there shall be levied in addition to any
sentence,  penalty  or  other surcharge required or permitted by law, an
additional surcharge of twenty-eight dollars.
  S 4-b. Paragraph a of subdivision 1 of section 1809-e of  the  vehicle
and  traffic  law, as amended by section 12-c of chapter 189 of the laws
of 2013, is amended to read as follows:
  a. Notwithstanding any other provision of law, whenever proceedings in
a court or  an  administrative  tribunal  of  this  state  result  in  a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic  infraction  under  this chapter, or a local law, ordinance, rule or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists, and except an adjudication of liability of an  owner  for  a
violation  of  subdivision  (d) of section eleven hundred eleven of this
chapter in accordance with section eleven hundred eleven-a of this chap-
ter, and except an adjudication of liability of an owner for a violation
of subdivision (b), (c), (d), (f)  or  (g)  of  section  eleven  hundred
eighty  of this chapter in accordance with section eleven hundred eight-
y-b of this chapter, AND EXCEPT AN ADJUDICATION OF LIABILITY OF AN OWNER
FOR A VIOLATION OF SUBDIVISION (B), (C), (D),  (F)  OR  (G)  OF  SECTION
ELEVEN  HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED EIGHTY-C OF THIS CHAPTER, and except an adjudication of  liabil-
ity  of an owner for a violation of toll collection regulations pursuant
to section two thousand nine hundred eighty-five of the public  authori-

S. 6918                            15

ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
hundred  seventy-four of the laws of nineteen hundred fifty, there shall
be levied in addition  to  any  sentence,  penalty  or  other  surcharge
required  or  permitted  by law, an additional surcharge of twenty-eight
dollars.
  S 4-c. Paragraph a of subdivision 1 of section 1809-e of  the  vehicle
and  traffic  law,  as added by section 5 of part C of chapter 55 of the
laws of 2013, is amended to read as follows:
  a. Notwithstanding any other provision of law, whenever proceedings in
a court or  an  administrative  tribunal  of  this  state  result  in  a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic  infraction  under  this chapter, or a local law, ordinance, rule or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists, and except an adjudication of liability of an  owner  for  a
violation  of  subdivision  (d) of section eleven hundred eleven of this
chapter in accordance with section eleven hundred eleven-a of this chap-
ter, AND EXCEPT AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION
OF SUBDIVISION (B), (C), (D), (F)  OR  (G)  OF  SECTION  ELEVEN  HUNDRED
EIGHTY  OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT-
Y-C OF THIS CHAPTER, and except an adjudication of liability of an owner
for a violation of toll collection regulations pursuant to  section  two
thousand  nine  hundred  eighty-five  of  the  public authorities law or
sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred
seventy-four  of  the  laws  of  nineteen  hundred fifty, there shall be
levied in addition to any sentence, penalty or other surcharge  required
or permitted by law, an additional surcharge of twenty-eight dollars.
  S 5. Subdivision 2 of section 87 of the public officers law is amended
by adding a new paragraph (n) to read as follows:
  (N)  ARE  PHOTOGRAPHS,  MICROPHOTOGRAPHS,  VIDEOTAPE OR OTHER RECORDED
IMAGES PREPARED UNDER THE AUTHORITY OF SECTION ELEVEN  HUNDRED  EIGHTY-C
OF THE VEHICLE AND TRAFFIC LAW.
  S  6.  Subdivision  2  of section 371 of the general municipal law, as
amended by section 21 of part G of chapter 58 of the laws  of  2012,  is
amended to read as follows:
  2.  The Nassau county traffic and parking violations agency, as estab-
lished, may be authorized to assist the Nassau county district court  in
the disposition and administration of infractions of traffic and parking
laws,  ordinances, rules and regulations and the liability of owners for
violations of subdivision (d) of section eleven hundred  eleven  of  the
vehicle  and  traffic  law  in  accordance  with  section eleven hundred
eleven-b of such law[,] AND THE LIABILITY OF OWNERS  FOR  VIOLATIONS  OF
SUBDIVISION  (B),  (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY
OF THE VEHICLE AND TRAFFIC LAW IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
EIGHTY-C OF SUCH LAW, except that such agency shall not  have  jurisdic-
tion  over  (a)  the traffic infraction defined under subdivision one of
section eleven hundred ninety-two of the vehicle and  traffic  law;  (b)
the  traffic infraction defined under subdivision five of section eleven
hundred ninety-two of the vehicle and traffic  law;  (c)  the  violation
defined under paragraph (b) of subdivision four of section fourteen-f of
the  transportation  law  and  the violation defined under clause (b) of
subparagraph (iii) of paragraph c of  subdivision  two  of  section  one
hundred  forty  of  the  transportation  law; (d) the traffic infraction
defined under section three hundred ninety-seven-a of  the  vehicle  and
traffic  law and the traffic infraction defined under subdivision (g) of

S. 6918                            16

section eleven hundred eighty of the vehicle and traffic  law;  (e)  any
misdemeanor or felony; or (f) any offense that is part of the same crim-
inal  transaction, as that term is defined in subdivision two of section
40.10  of  the criminal procedure law, as a violation of subdivision one
of section eleven hundred ninety-two of the vehicle and traffic  law,  a
violation  of  subdivision  five of section eleven hundred ninety-two of
the vehicle and traffic law, a violation of paragraph (b) of subdivision
four of section fourteen-f of the transportation  law,  a  violation  of
clause  (b)  of  subparagraph (iii) of paragraph d of subdivision two of
section one hundred forty of the  transportation  law,  a  violation  of
section  three  hundred ninety-seven-a of the vehicle and traffic law, a
violation of subdivision (g) of section eleven  hundred  eighty  of  the
vehicle and traffic law or any misdemeanor or felony.
  S  7.  Subdivision  2  of section 371 of the general municipal law, as
amended by chapter 388 of the laws  of  2012,  is  amended  to  read  as
follows:
  2.  The Nassau county traffic and parking violations agency, as estab-
lished, may be authorized to assist the Nassau  county  district  court,
and  the Suffolk county traffic and parking violations agency, as estab-
lished, may be authorized to assist the Suffolk county  district  court,
in  the  disposition  and  administration  of infractions of traffic and
parking laws, ordinances, rules and regulations  and  the  liability  of
owners for violations of subdivision (d) of section eleven hundred elev-
en  of  the  vehicle  and  traffic law in accordance with section eleven
hundred eleven-b  of  such  law[,]  AND  THE  LIABILITY  OF  OWNERS  FOR
VIOLATIONS  OF  SUBDIVISION  (B), (C), (D), (F) OR (G) OF SECTION ELEVEN
HUNDRED EIGHTY OF THE VEHICLE AND TRAFFIC LAW IN ACCORDANCE WITH SECTION
ELEVEN HUNDRED EIGHTY-C OF SUCH LAW, except that such agencies shall not
have jurisdiction over (a) the traffic infraction defined under subdivi-
sion one of section eleven hundred ninety-two of the vehicle and traffic
law; (b) the  traffic  infraction  defined  under  subdivision  five  of
section  eleven  hundred  ninety-two of the vehicle and traffic law; (c)
the violation defined under paragraph (b) of subdivision four of section
fourteen-f of the transportation law and  the  violation  defined  under
clause  (b)  of  subparagraph (iii) of paragraph c of subdivision two of
section one hundred forty of the transportation  law;  (d)  the  traffic
infraction  defined  under  section  three hundred ninety-seven-a of the
vehicle and traffic law and the traffic infraction defined under  subdi-
vision  (g)  of section eleven hundred eighty of the vehicle and traffic
law; (e) any misdemeanor or felony; or (f) any offense that is  part  of
the  same  criminal  transaction, as that term is defined in subdivision
two of section 40.10 of the criminal procedure law, as  a  violation  of
subdivision  one of section eleven hundred ninety-two of the vehicle and
traffic law, a violation of subdivision five of section  eleven  hundred
ninety-two  of the vehicle and traffic law, a violation of paragraph (b)
of subdivision four of section fourteen-f of the transportation  law,  a
violation of clause (b) of subparagraph (iii) of paragraph c of subdivi-
sion  two  of  section  one  hundred  forty of the transportation law, a
violation of section three hundred ninety-seven-a  of  the  vehicle  and
traffic  law,  a  violation of subdivision (g) of section eleven hundred
eighty of the vehicle and traffic law or any misdemeanor or felony.
  S 8. Subdivision 3 of section 371 of the  general  municipal  law,  as
amended  by  chapter  496  of  the  laws  of 1990, is amended to read as
follows:
  3. A person charged with an infraction which shall be disposed  of  by
either  a  traffic  violations  bureau  or the Nassau county traffic and

S. 6918                            17

parking violations agency, may be permitted to answer, within  a  speci-
fied time, at the traffic violations bureau, and in Nassau county at the
traffic  and  parking  violations agency, either in person or by written
power  of attorney in such form as may be prescribed in the ordinance or
local law creating the bureau or agency, by  paying  a  prescribed  fine
and,  in  writing,  waiving  a  hearing in court, pleading guilty to the
charge or admitting liability as an owner for the violation of  subdivi-
sion  (d)  of  section  eleven hundred eleven of the vehicle and traffic
law, OR ADMITTING LIABILITY AS AN OWNER FOR THE VIOLATION OF SUBDIVISION
(B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THE  VEHI-
CLE  AND  TRAFFIC LAW, as the case may be, and authorizing the person in
charge of the bureau or agency to enter such a  plea  or  admission  and
accept payment of said fine. Acceptance of the prescribed fine and power
of  attorney  by the bureau or agency shall be deemed complete satisfac-
tion for the violation or of the liability, and the  violator  or  owner
liable  for  a  violation  of  subdivision (d) of section eleven hundred
eleven of the vehicle and traffic law OR OWNER LIABLE FOR A VIOLATION OF
SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN  HUNDRED  EIGHTY
OF THE VEHICLE AND TRAFFIC LAW shall be given a receipt which so states.
If  a  person  charged  with  a  traffic  violation  does  not answer as
hereinbefore prescribed, within a designated time, the bureau or  agency
may  cause a complaint to be entered against him forthwith and a warrant
to be issued for his  arrest  and  appearance  before  the  court,  such
summons  to be predicated upon the personal service of said summons upon
the person charged with the infraction. Any person who shall have  been,
within  the  preceding  twelve  months,  guilty  of  a number of parking
violations in excess of such maximum number as may be designated by  the
court,  or  of  three  or more violations other than parking violations,
shall not be permitted to appear and answer to a subsequent violation at
the traffic violations bureau or agency, but must appear in court  at  a
time  specified by the bureau or agency. Such bureau or agency shall not
be authorized to deprive a person of his right to counsel or to  prevent
him  from exercising his right to appear in court to answer to, explain,
or defend any charge of a violation of any traffic law, ordinance,  rule
or regulation.
  S  9.  Subdivision  3  of section 371 of the general municipal law, as
amended by chapter 388 of the laws  of  2012,  is  amended  to  read  as
follows:
  3.  A  person charged with an infraction which shall be disposed of by
either a traffic violations bureau, the Nassau county traffic and  park-
ing  violations  agency,  or  the  Suffolk  county  traffic  and parking
violations agency may be permitted to answer, within a  specified  time,
at  the  traffic  violations bureau, in Nassau county at the traffic and
parking violations agency and in Suffolk county at the traffic and park-
ing violations agency, either in person or by written power of  attorney
in such form as may be prescribed in the ordinance or local law creating
the bureau or agency, by paying a prescribed fine and, in writing, waiv-
ing  a  hearing  in  court,  pleading  guilty to the charge or admitting
liability as an owner for the violation of subdivision  (d)  of  section
eleven  hundred  eleven  of  the  vehicle  and traffic law, OR ADMITTING
LIABILITY AS AN OWNER FOR THE VIOLATION OF SUBDIVISION  (B),  (C),  (D),
(F)  OR  (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THE VEHICLE AND TRAFFIC
LAW, as the case may be, and authorizing the person  in  charge  of  the
bureau or agency to enter such a plea or admission and accept payment of
said  fine.  Acceptance  of the prescribed fine and power of attorney by
the bureau or agency shall  be  deemed  complete  satisfaction  for  the

S. 6918                            18

violation  or  of  the liability, and the violator or owner liable for a
violation of subdivision (d) of section eleven  hundred  eleven  of  the
vehicle  and  traffic law OR OWNER LIABLE FOR A VIOLATION OF SUBDIVISION
(B),  (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THE VEHI-
CLE AND TRAFFIC LAW shall be given a  receipt  which  so  states.  If  a
person  charged with a traffic violation does not answer as hereinbefore
prescribed, within a designated time, the bureau or agency may  cause  a
complaint to be entered against him forthwith and a warrant to be issued
for his arrest and appearance before the court, such summons to be pred-
icated upon the personal service of said summons upon the person charged
with  the infraction. Any person who shall have been, within the preced-
ing twelve months, guilty of a number of parking violations in excess of
such maximum number as may be designated by the court, or  of  three  or
more violations other than parking violations, shall not be permitted to
appear  and  answer  to a subsequent violation at the traffic violations
bureau or agency, but must appear in court at a time  specified  by  the
bureau  or  agency.  Such  bureau  or  agency shall not be authorized to
deprive a person of his right to counsel or to prevent him from exercis-
ing his right to appear in court to answer to, explain,  or  defend  any
charge of a violation of any traffic law, ordinance, rule or regulation.
  S  10.  The purchase or lease of equipment for a demonstration program
pursuant to section 1180-c of the  vehicle  and  traffic  law  shall  be
subject to the provisions of section 103 of the general municipal law.
  S  11. Paragraph 1 of subdivision (a) of section 1180-b of the vehicle
and traffic law, as added by chapter 189 of the laws of 2013, is amended
to read as follows:
  1. Notwithstanding any other provision of law, the city of New York is
hereby authorized to establish a demonstration program imposing monetary
liability on the owner of a vehicle for failure of an  operator  thereof
to comply with posted maximum speed limits in a school speed zone within
the city (i) when a school speed limit is in effect as provided in para-
graphs  one  and two of subdivision (c) of section eleven hundred eighty
of this article or (ii)  when  other  speed  limits  are  in  effect  as
provided  in  subdivision (b), (d), (f) or (g) of section eleven hundred
eighty of this article during the following times: (A)  on  school  days
during  school  hours  and one hour before and one hour after the school
day, and (B) a period during student activities at the school and up  to
thirty  minutes  immediately before and up to thirty minutes immediately
after such student activities. Such demonstration program shall  empower
the  city  to install photo speed violation monitoring systems within no
more than [twenty] ONE HUNDRED FORTY school speed zones within the  city
at any one time and to operate such systems within such zones (iii) when
a  school speed limit is in effect as provided in paragraphs one and two
of subdivision (c) of section eleven hundred eighty of this  article  or
(iv)  when  other  speed limits are in effect as provided in subdivision
(b), (d), (f) or (g) of section eleven hundred eighty  of  this  article
during  the  following times: (A) on school days during school hours and
one hour before and one hour after the school  day,  and  (B)  a  period
during  student  activities at the school and up to thirty minutes imme-
diately before and up to thirty minutes immediately after  such  student
activities.  In  selecting  a  school speed zone in which to install and
operate a photo  speed  violation  monitoring  system,  the  city  shall
consider  criteria  including,  but not limited to the speed data, crash
history, and the roadway geometry applicable to such school speed zone.
  S 12. This act shall take effect on the thirtieth day after  it  shall
have  become  a  law  and shall expire 4 years after such effective date

S. 6918                            19

when upon such date the provisions of this act shall be deemed repealed;
and provided further that any rules necessary for the implementation  of
this  act  on  its effective date shall be promulgated on or before such
effective date, provided that:
  (a)  the  amendments to subparagraph (i) of paragraph a of subdivision
5-a of section 401 of the vehicle and traffic law made by section one of
this act shall not affect the expiration of such paragraph and shall  be
deemed  to  expire  therewith,  when  upon  such  date the provisions of
section one-a of this act shall take effect;
  (b) the amendments to paragraph a of subdivision 5-a of section 401 of
the vehicle and traffic law made by section one-a of this act shall  not
affect  the  expiration  of such paragraph and shall be deemed to expire
therewith, when upon such date the provisions of section one-b  of  this
act shall take effect;
  (c) the amendments to paragraph a of subdivision 5-a of section 401 of
the  vehicle and traffic law made by section one-b of this act shall not
affect the expiration of such paragraph and shall be  deemed  to  expire
therewith,  when  upon such date the provisions of section one-c of this
act shall take effect;
  (d) the amendments to paragraph a of subdivision 5-a of section 401 of
the vehicle and traffic law made by section one-c of this act shall  not
affect  the  expiration  of such paragraph and shall be deemed to expire
therewith, when upon such date the provisions of section one-d  of  this
act shall take effect;
  (e) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section three of this act shall not affect the expi-
ration of such subdivision and shall be deemed to expire therewith, when
upon  such date the provisions of section three-a of this act shall take
effect;
  (f) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section three-a of this act  shall  not  affect  the
expiration  of such subdivision and shall be deemed to expire therewith,
when upon such date the provisions of section three-b of this act  shall
take effect;
  (g) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic  law  made  by  section three-b of this act shall not affect the
expiration of such subdivision and shall be deemed to expire  therewith,
when  upon such date the provisions of section three-c of this act shall
take effect;
  (h) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section three-c of this act  shall  not  affect  the
expiration  of such subdivision and shall be deemed to expire therewith,
when upon such date the provisions of section three-d of this act  shall
take effect;
  (i)  the  amendments to paragraph a of subdivision 1 of section 1809-e
of the vehicle and traffic law made by section four of  this  act  shall
not  affect  the  expiration  of  such  paragraph and shall be deemed to
expire therewith, when upon such date the provisions of  section  four-a
of this act shall take effect;
  (j)  the  amendments to paragraph a of subdivision 1 of section 1809-e
of the vehicle and traffic law made by section four-a of this act  shall
not  affect  the  expiration  of  such  paragraph and shall be deemed to
expire therewith, when upon such date the provisions of  section  four-b
of this act shall take effect;
  (k)  the  amendments to paragraph a of subdivision 1 of section 1809-e
of the vehicle and traffic law made by section four-b of this act  shall

S. 6918                            20

not  affect  the  expiration  of  such  paragraph and shall be deemed to
expire therewith, when upon such date the provisions of  section  four-c
of this act shall take effect;
  (l)  the  amendments  to  subdivision  2 of section 371 of the general
municipal law made by section seven of this act shall take  effect  only
in  the  event that the county of Suffolk shall have by local law estab-
lished a traffic and parking violations agency;
  (m) the amendments to subdivision 3 of  section  371  of  the  general
municipal law made by section nine of this act shall take effect only in
the event that the county of Suffolk shall have by local law established
a traffic and parking violations agency;
  (n) the amendments to section 371 of the general municipal law made by
sections  six,  seven,  eight  and nine of this act shall not affect the
expiration of such section and shall be deemed to expire therewith; and
  (o) the amendments to subdivision (a) of section 1180-b of the vehicle
and traffic law made by section eleven of this act shall not affect  the
repeal of such section and shall be deemed repealed therewith.

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