senate Bill S645

2009-2010 Legislative Session

Authorizes a photo monitoring program in the town of Newburgh imposing liability for maximum speed limit violations

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2010 referred to transportation
Jan 12, 2009 referred to transportation

S645 - Bill Details

See Assembly Version of this Bill:
A6703
Current Committee:
Law Section:
Vehicle and Traffic Law

S645 - Bill Texts

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BILL NUMBER: S645

TITLE OF BILL :
An act to amend the vehicle and traffic law, in relation to
establishing the civil liability of vehicle owners for maximum speed
limit violations in the town of Newburgh, Orange county


PURPOSE :
This bill was requested by the Town of Newburgh, to grant such
municipality the authority to adopt a local law to establish a photo
radar monitoring demonstration program.

SUMMARY OF PROVISIONS :
Section 1: This bill adds Vehicle and Traffic Law section 1180-b to
authorize the Town of Newburgh to establish a photo radar monitoring
demonstration program. This program would allow the Town to utilize a
photo radar monitoring program as an automobile speed enforcement tool
and authorize the town to impose fines fix those caught speeding
through intersections or traveling over the speed limit on selected
sections of town highways.

The owner of a vehicle shall be liable for any fine if the vehicle was
used or operated with the owner's permission. Service of the violation
will be by first class mail. Failure to contest the violation will be
deemed an admission of liability. Valid defenses to owner liability
include a duly reported theft of the vehicle or the owner has leased
the vehicle to another party. If the vehicle owner was not the
operator of such vehicle at the time of the infraction, such owner can
maintain an action for indemnification against the operator.

EXISTING LAW :
Other municipalities have been granted the authority to establish such
demonstration programs.

JUSTIFICATION :
The photo radar program uses a low powered Doppler radar unit coupled
to a motorized camera and flash unit. The camera is activated only
when motorists travel above a preset speed threshold. A summons is
then sent to the registered owner of the vehicle. The operational
speed and accuracy of the photo radar system is accurate. The radar
can detect a vehicle's speed approximately 50 feet away, and will
trigger the camera which will take a photograph of the speeding
vehicle. The photo will show the front of the vehicle, the driver's
face and other pertinent information from the computer.

LEGISLATIVE HISTORY :
S.1580 of 2007/2008

FISCAL IMPLICATIONS :
None.

LOCAL FISCAL IMPLICATIONS :
None.

EFFECTIVE DATE :
120 days after it shall have become law.
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