S T A T E   O F   N E W   Y O R K
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                                   417

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of A. KAVANAGH, MILLMAN -- read once and referred to
  the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in  relation  to  a  demon-
  stration  program  relating  to  the  installation of roadside and bus
  mounted bus lane and bus stop enforcement cameras; 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. The vehicle and traffic law is  amended  by  adding  a  new
section 223-a to read as follows:
  S  223-A.  BUS LANE/BUS STOP ENFORCEMENT CAMERA DEMONSTRATION PROGRAM.
1.   NOTWITHSTANDING ANY OTHER PROVISION OF  LAW,  THE  COMMISSIONER  IS
HEREBY  AUTHORIZED  AND  EMPOWERED TO ESTABLISH A DEMONSTRATION PROGRAM,
WITHIN ANY CITY WITH A POPULATION OF ONE MILLION OR MORE, IMPOSING MONE-
TARY LIABILITY ON THE OWNER OF A VEHICLE  FOR  FAILURE  OF  AN  OPERATOR
THEREOF  TO  COMPLY WITH APPLICABLE BUS LANE AND BUS STOP PRIORITY LAWS.
THE PUBLIC TRANSPORTATION AUTHORITY OPERATING  IN  ANY  SUCH  CITY,  FOR
PURPOSES  OF  IMPLEMENTATION  OF  SUCH  PROGRAM,  SHALL BE AUTHORIZED TO
INSTALL AND OPERATE ROADSIDE AND BUS  MOUNTED  BUS  LANE  AND  BUS  STOP
ENFORCEMENT  CAMERAS  ON  NO  MORE  THAN  ONE  HUNDRED BUSES OR ROADSIDE
LOCATIONS OPERATED BY SUCH PUBLIC TRANSPORTATION AUTHORITY.
  2. THE OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED PURSU-
ANT TO THIS SECTION IF SUCH  VEHICLE  WAS  USED  OR  OPERATED  WITH  THE
PERMISSION OF THE OWNER, EXPRESS OR IMPLIED, IN VIOLATION OF ANY RULE OR
REGULATION  RELATING  TO  USE  OF A BUS LANE OR BUS STOP AS ADOPTED BY A
CITY PURSUANT TO  PARAGRAPH  THIRTEEN  OF  SUBDIVISION  (A)  OF  SECTION
SIXTEEN  HUNDRED  FORTY-TWO  OF  THIS  CHAPTER,  AND  SUCH  VIOLATION IS
EVIDENCED BY INFORMATION OBTAINED FROM A BUS LANE OR BUS  STOP  ENFORCE-
MENT CAMERA; PROVIDED HOWEVER THAT NO OWNER OF A VEHICLE SHALL BE LIABLE
FOR  A  PENALTY  IMPOSED  PURSUANT TO THIS SECTION WHERE THE OPERATOR OF

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

                                                           LBD00486-01-9

A. 417                              2

SUCH VEHICLE HAS BEEN CONVICTED OF THE UNDERLYING VIOLATION OF ANY  RULE
OR REGULATION ADOPTED BY A CITY PURSUANT TO PARAGRAPH THIRTEEN OF SUBDI-
VISION (A) OF SECTION SIXTEEN HUNDRED FORTY-TWO OF THIS CHAPTER.
  3. FOR PURPOSES OF THIS SECTION, "OWNER" SHALL MEAN ANY PERSON, CORPO-
RATION,  PARTNERSHIP, FIRM, AGENCY, ASSOCIATION, LESSOR, OR ORGANIZATION
WHO AT THE TIME OF THE ISSUANCE OF A NOTICE  OF  VIOLATION  IN  WHICH  A
VEHICLE IS OPERATED:
  (A) IS THE BENEFICIAL OR EQUITABLE OWNER OF SUCH VEHICLE; OR
  (B) HAS TITLE TO SUCH VEHICLE; OR
  (C) IS THE REGISTRANT OR CO-REGISTRANT OF SUCH VEHICLE WHICH IS REGIS-
TERED  WITH  THE DEPARTMENT OF MOTOR VEHICLES OF THIS STATE OR ANY OTHER
STATE, TERRITORY, DISTRICT, PROVINCE, NATION OR OTHER JURISDICTION; OR
  (D) USES SUCH VEHICLE IN ITS VEHICLE RENTING AND/OR LEASING  BUSINESS;
OR
  (E)  IS  AN  OWNER  OF  SUCH VEHICLE AS DEFINED BY SECTION ONE HUNDRED
TWENTY-EIGHT OF THIS CHAPTER OR SUBDIVISION (G)  OF  SECTION  TWENTY-ONE
HUNDRED ONE OF THIS CHAPTER.
  4.  FOR  PURPOSES  OF THIS SECTION, "BUS LANE AND BUS STOP ENFORCEMENT
CAMERA" SHALL MEAN A DEVICE INSTALLED ON A BUS OR  A  ROADSIDE  LOCATION
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 VIOLATION OF ANY RULE OR REGULATION
RELATING TO USE OF BUS LANES OR BUS STOPS AS ADOPTED BY A CITY  PURSUANT
TO  PARAGRAPH  THIRTEEN  OF  SUBDIVISION  (A) OF SECTION SIXTEEN HUNDRED
FORTY-TWO OF THIS CHAPTER.
  5. A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY THE
DEPARTMENT, OR A FACSIMILE THEREOF,  BASED  UPON  INSPECTION  OF  PHOTO-
GRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY
A  BUS  LANE  ENFORCEMENT  CAMERA,  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 IMPOSED PURSUANT TO THIS SECTION.
  6.  AN OWNER LIABLE FOR A VIOLATION OF ANY RULE OR REGULATION RELATING
TO THE USE OF BUS LANES OR BUS STOP ADOPTED BY A CITY PURSUANT TO  PARA-
GRAPH  THIRTEEN  OF SUBDIVISION (A) OF SECTION SIXTEEN HUNDRED FORTY-TWO
OF THIS CHAPTER PURSUANT TO THIS SECTION SHALL BE  LIABLE  FOR  MONETARY
PENALTIES  IN  ACCORDANCE  WITH  A SCHEDULE OF FINES AND PENALTIES TO BE
PROMULGATED BY SUCH CITY OR A DEPARTMENT THEREOF. THE LIABILITY  OF  THE
OWNER PURSUANT TO THIS SECTION SHALL NOT EXCEED THE ESTABLISHED FINE FOR
EACH  VIOLATION;  PROVIDED  HOWEVER  THAT  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. SUCH
CITY  OR  DEPARTMENT  THEREOF SHALL ADJUDICATE LIABILITY IMPOSED BY THIS
SECTION.
  7. AN IMPOSITION OF LIABILITY UNDER 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.
  8. (A) A NOTICE OF LIABILITY SHALL BE SENT  WITHIN  SIX  DAYS  OF  THE
ALLEGED  VIOLATION  BY  FIRST  CLASS  MAIL  TO EACH PERSON ALLEGED TO BE
LIABLE AS AN OWNER FOR A VIOLATION OF ANY RULE OR REGULATION RELATING TO
THE USE OF BUS LANES OR BUS STOPS ADOPTED BY A  CITY PURSUANT  TO  PARA-
GRAPH  THIRTEEN  OF SUBDIVISION (A) OF SECTION SIXTEEN HUNDRED FORTY-TWO
OF THIS CHAPTER PURSUANT TO THIS SECTION. PERSONAL SERVICE ON THE  OWNER

A. 417                              3

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.
  (B)  A  NOTICE  OF LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE
PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF ANY  RULE  OR
REGULATION  RELATING  TO  THE USE OF BUS LANES OR BUS STOPS ADOPTED BY A
CITY PURSUANT TO  PARAGRAPH  THIRTEEN  OF  SUBDIVISION  (A)  OF  SECTION
SIXTEEN  HUNDRED FORTY-TWO OF THIS CHAPTER PURSUANT TO THIS SECTION, THE
REGISTRATION NUMBER OF THE  VEHICLE  INVOLVED  IN  SUCH  VIOLATION,  THE
LOCATION  WHERE  SUCH  VIOLATION  TOOK  PLACE, THE DATE AND TIME OF SUCH
VIOLATION AND THE IDENTIFICATION NUMBER OF THE CAMERA WHICH RECORDED THE
VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER.
  (C) THE NOTICE OF LIABILITY SHALL  CONTAIN  INFORMATION  ADVISING  THE
PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE OR SHE MAY CONTEST
THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO
CONTAIN  A WARNING TO ADVISE THE PERSONS CHARGED THAT FAILURE TO CONTEST
IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF  LIABIL-
ITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
  (D)  THE  NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE CITY
OR ITS DESIGNEE.
  9. IF AN OWNER RECEIVES A NOTICE OF LIABILITY PURSUANT TO THIS SECTION
FOR ANY TIME PERIOD DURING WHICH THE VEHICLE WAS REPORTED TO THE  POLICE
DEPARTMENT  AS  HAVING  BEEN  STOLEN,  IT SHALL BE A VALID DEFENSE TO AN
ALLEGATION OF LIABILITY FOR A VIOLATION OF ANY RULE OR REGULATION RELAT-
ING TO THE USE OF BUS LANES OR BUS STOPS ADOPTED BY A CITY  PURSUANT  TO
PARAGRAPH  THIRTEEN OF SUBDIVISION (A) OF SECTION SIXTEEN HUNDRED FORTY-
TWO OF THIS CHAPTER PURSUANT TO THIS SECTION THAT THE VEHICLE  HAD  BEEN
REPORTED  TO  THE  POLICE  AS  STOLEN  PRIOR  TO  THE TIME THE VIOLATION
OCCURRED AND HAD NOT BEEN  RECOVERED  BY  SUCH  TIME.  FOR  PURPOSES  OF
ASSERTING  THE  DEFENSE  PROVIDED BY THIS SUBDIVISION IT SHALL BE SUFFI-
CIENT THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE  STOLEN  VEHICLE
BE  SENT  BY  FIRST CLASS MAIL, RETURN RECEIPT REQUESTED, TO THE CITY OR
ITS DESIGNEE.
  10. IF THE OWNER LIABLE FOR A VIOLATION  OF  ANY  RULE  OR  REGULATION
RELATING TO THE USE OF BUS LANES OR BUS STOPS ADOPTED BY A CITY PURSUANT
TO  PARAGRAPH  THIRTEEN  OF  SUBDIVISION  (A) OF SECTION SIXTEEN HUNDRED
FORTY-TWO OF THIS CHAPTER 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.
  11. AN OWNER OF A VEHICLE TO WHICH A NOTICE OF  LIABILITY  WAS  ISSUED
PURSUANT TO SUBDIVISION EIGHT OF THIS SECTION SHALL NOT BE LIABLE IF THE
MOTORIST DRIVING OR STOPPING IN A BUS LANE OR BUS STOP WHILE:
  (A)  YIELDING    RIGHT  OF  WAY TO AN EMERGENCY VEHICLE WITH ACTIVATED
WARNING LIGHTS OR SIREN,
  (B) AT THE DIRECTION OF LAW ENFORCEMENT OR EMERGENCY SERVICE OFFICIALS
OR OTHER GOVERNMENT OFFICIALS AUTHORIZED TO STOP OR DIRECT TRAFFIC, OR
  (C) WHEN AVOIDING ROAD OBSTRUCTIONS OR CONSTRUCTION OR OTHER HAZARDS.
  12. AN APPEAL OF AN ADJUDICATION OF LIABILITY PURSUANT TO THIS SECTION
MAY BE TAKEN IN ACCORDANCE WITH THE APPLICABLE  PROVISIONS  RELATING  TO
ADJUDICATION OF TRAFFIC INFRACTIONS IN SUCH CITY.
  13.  (A)  AN  OWNER  WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF
LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION EIGHT OF THIS SECTION SHALL
NOT BE LIABLE FOR THE VIOLATION OF ANY RULE OR  REGULATION  RELATING  TO
THE  USE  OF  BUS LANES OR BUS STOPS ADOPTED BY A CITY PURSUANT TO PARA-
GRAPH THIRTEEN OF SUBDIVISION (A) OF SECTION SIXTEEN  HUNDRED  FORTY-TWO
OF THIS CHAPTER PROVIDED THAT:

A. 417                              4

  (I)  PRIOR  TO  THE VIOLATION THE LESSOR HAS FILED WITH THE BUREAU AND
PAID THE REQUIRED FILING  FEE  IN  ACCORDANCE  WITH  THE  PROVISIONS  OF
SECTION TWO HUNDRED THIRTY-NINE OF THIS TITLE; AND
  (II)  WITHIN  THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE OF THE DATE AND
TIME OF A LIABILITY, TOGETHER WITH THE OTHER  INFORMATION  CONTAINED  IN
THE  ORIGINAL  NOTICE OF LIABILITY, THE LESSOR SUBMITS TO THE BUREAU THE
CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE IDENTIFIED IN  THE
NOTICE  OF  LIABILITY  AT THE TIME OF SUCH VIOLATION, TOGETHER WITH SUCH
OTHER ADDITIONAL INFORMATION CONTAINED IN  THE  RENTAL  LEASE  OR  OTHER
CONTRACT  DOCUMENT, AS MAY BE REASONABLY REQUIRED BY THE BUREAU PURSUANT
TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE.
  (B) FAILURE TO COMPLY WITH THE PROVISIONS OF  THIS  SUBDIVISION  SHALL
RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED IN THIS SECTION.
  (C) WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF THIS SUBDIVISION,
THE LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH VIOLATION SHALL BE DEEMED
TO  BE  THE OWNER OF SUCH VEHICLE FOR PURPOSES OF THIS SECTION, SHALL BE
SUBJECT TO LIABILITY FOR SUCH VIOLATION PURSUANT  TO  THIS  SECTION  AND
SHALL  BE  SENT  A  NOTICE OF LIABILITY PURSUANT TO SUBDIVISION EIGHT OF
THIS SECTION.
  14. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE  LIABILITY
OF AN OPERATOR OF A VEHICLE  FOR ANY VIOLATION OF ANY RULE OR REGULATION
ADOPTED  BY  A CITY PURSUANT TO PARAGRAPH THIRTEEN OF SUBDIVISION (A) OF
SECTION SIXTEEN HUNDRED FORTY-TWO OF THIS CHAPTER.
  15. ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND NINE AND DECEMBER
THIRTY-FIRST, TWO THOUSAND TEN THE CHAIR OF  THE  PUBLIC  TRANSPORTATION
AUTHORITY  OPERATING  IN  A  CITY WHERE A DEMONSTRATION PROJECT HAS BEEN
IMPLEMENTED PURSUANT TO THIS SECTION SHALL SUBMIT A  WRITTEN  REPORT  TO
THE  GOVERNOR,  THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF
THE ASSEMBLY ON THE RESULTS OF SAID DEMONSTRATION PROGRAM.  SUCH  REPORT
SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (A)  A  DESCRIPTION  OF  THE  LOCATIONS  WHERE  BUS  LANE AND BUS STOP
ENFORCEMENT CAMERAS WERE USED;
  (B) THE NUMBER OF VIOLATIONS RECORDED IN THE  AGGREGATE  ON  A  DAILY,
WEEKLY AND MONTHLY BASIS;
  (C) THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED;
  (D)  THE  NUMBER  OF  FINES AND TOTAL AMOUNT OF FINES PAID AFTER FIRST
NOTICE OF LIABILITY;
  (E) THE NUMBER OF VIOLATIONS ADJUDICATED AND RESULTS OF  SUCH  ADJUDI-
CATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE;
  (F) THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH CITY; AND
  (G) THE QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law and shall expire and be deemed repealed three
years  after such effective date; provided that any rules or regulations
necessary for the timely implementation of this act are authorized to be
made on or before such effective date.