S T A T E O F N E W Y O R K
________________________________________________________________________
3608
2009-2010 Regular Sessions
I N A S S E M B L Y
January 27, 2009
___________
Introduced by M. of A. EDDINGTON, SWEENEY -- read once and referred to
the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to establishing
a demonstration program imposing monetary liability on the owner of a
vehicle for failure of an operator thereof to comply with traffic
control indications in Suffolk county
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph 2 of subdivision (a) of section 1111-a of the
vehicle and traffic law, as added by chapter 658 of the laws of 2006, is
amended and a new paragraph 3 is added to read as follows:
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 OR COUNTY has made a reasonable effort to
comply with the provisions of this paragraph.
3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE COUNTY OF SUFFOLK
IS HEREBY AUTHORIZED AND EMPOWERED TO ADOPT AND AMEND A LOCAL LAW OR
ORDINANCE ESTABLISHING A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABIL-
ITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO
COMPLY WITH TRAFFIC-CONTROL INDICATIONS IN SUCH COUNTY IN ACCORDANCE
WITH THE PROVISIONS OF THIS SECTION. SUCH DEMONSTRATION PROGRAM SHALL
EMPOWER A COUNTY TO INSTALL AND OPERATE TRAFFIC-CONTROL SIGNAL PHOTO
VIOLATION-MONITORING DEVICES AT NO MORE THAN FIFTY INTERSECTIONS WITHIN
SUCH COUNTY AT ANY ONE TIME.
S 2. Subdivisions (b), (d) and (e) of section 1111-a of the vehicle
and traffic law, subdivisions (b) and (d) as amended by chapter 658 of
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04573-01-9
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the laws of 2006 and subdivision (e) as amended by chapter 479 of the
laws of 1994, are amended to read as follows:
(b) In any city OR COUNTY which has adopted a local law or ordinance
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, in violation of subdivision (d) of section eleven hundred
eleven 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.
(d) A certificate, sworn to or affirmed by a technician employed by
the city OR COUNTY in which the charged violation occurred, or a facsim-
ile thereof, based upon inspection of photographs, microphotographs,
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, videotape or
other recorded images evidencing such a violation shall be available for
inspection in any proceeding to adjudicate the liability for such
violation pursuant to a local law or ordinance adopted pursuant to this
section.
(e) An owner liable for a violation of subdivision (d) of section
eleven hundred 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 in a city OR COUNTY
which, by local law, has authorized the adjudication of such owner
liability by a parking violations bureau, such schedule shall be promul-
gated 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.
S 3. Paragraph 4 of subdivision (g) of section 1111-a of the vehicle
and traffic law, as added by chapter 746 of the laws of 1988, is amended
to read as follows:
4. The notice of liability shall be prepared and mailed by the city OR
COUNTY having jurisdiction over the intersection where the violation
occurred, or by any other entity authorized by the city OR COUNTY to
prepare and mail such notification of violation.
S 4. Subdivision (h) of section 1111-a of the vehicle and traffic law,
as added by chapter 746 of the laws of 1988, is amended to read as
follows:
(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
any city OR COUNTY which has established an administrative tribunal to
hear and determine complaints of traffic infractions constituting park-
ing, standing or stopping violations may, by local law, authorize such
adjudication by such tribunal.
S 5. Paragraph 1 and the opening paragraph of subparagraph (i) of
paragraph 2 of subdivision (j) of section 1111-a of the vehicle and
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traffic law, as added by chapter 746 of the laws of 1988, are amended to
read as follows:
1. In a city OR COUNTY 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.
In a city OR COUNTY 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 6. Subdivision (m) of section 1111-a of the vehicle and traffic law,
as amended by chapter 658 of the laws of 2006, is amended to read as
follows:
(m) In any city OR COUNTY which adopts a demonstration program pursu-
ant to subdivision (a) of this section, such city OR COUNTY 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 presi-
dent of the senate and the speaker of the assembly on or before June
first, two thousand seven 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. within each borough of such city OR WITHIN EACH COUNTY, the aggre-
gate 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. within each borough of such city OR WITHIN EACH COUNTY, the aggre-
gate 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;
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;
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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 OR COUNTY from
such adjudications;
9. expenses incurred by such city OR COUNTY in connection with the
program; and
10. quality of the adjudication process and its results.
S 7. This act shall take effect immediately, provided, however, the
amendments to section 1111-a of the vehicle and traffic law made by this
act shall not affect the repeal of such section and shall be deemed
repealed therewith.