S T A T E O F N E W Y O R K
________________________________________________________________________
479
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
tee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to authorizing
the imposition of monetary penalties upon a registered owner of a
motor vehicle engaged in excessive hornhonking
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 1106 to read as follows:
S 1106. OWNER LIABILITY FOR FAILURE OF OPERATOR TO COMPLY WITH ANY
PROVISION OF LOCAL LAW REGARDING EXCESSIVE NOISE OCCASIONED BY HORNHONK-
ING. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EACH CITY WITH A
POPULATION OF ONE MILLION OR MORE IS HEREBY AUTHORIZED AND EMPOWERED TO
ADOPT AND AMEND A LOCAL LAW OR ORDINANCE IMPOSING MONETARY LIABILITY ON
THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH
ANY PROVISION OF LOCAL LAW REGARDING EXCESSIVE NOISE OCCASIONED BY HORN-
HONKING.
(B) IN ANY CITY 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 ANY PROVISION RELATING THERETO AND SUCH VIOLATION IS
EVIDENCED BY INFORMATION OBTAINED BY A POLICE OFFICER ACTIVELY ENGAGED
IN TRAFFIC CONTROL AND UNDER CIRCUMSTANCES WHERE SUCH OFFICER ELECTS TO
UTILIZE THE PROVISIONS OF THIS SECTION IN LIEU OF PERSONAL SERVICE OF A
SUMMONS UPON AN OPERATOR.
(C) FOR PURPOSES OF THIS SECTION, "OWNER" SHALL HAVE THE MEANING
PROVIDED IN ARTICLE TWO-B OF THIS CHAPTER.
(D) AN OWNER LIABLE FOR A VIOLATION PURSUANT TO A LOCAL LAW OR ORDI-
NANCE ADOPTED PURSUANT TO THIS SECTION SHALL BE LIABLE FOR MONETARY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00427-01-9
A. 479 2
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 WHICH, BY
LOCAL LAW, HAS AUTHORIZED THE ADJUDICATION OF SUCH OWNER LIABILITY BY AN
ENVIRONMENTAL CONTROL BOARD, SUCH SCHEDULE SHALL BE PROMULGATED BY SUCH
BOARD.
(E) 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. 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, THE REGISTRA-
TION NUMBER OF THE VEHICLE INVOLVED IN SUCH VIOLATION, THE LOCATION
WHERE SUCH VIOLATION TOOK PLACE, AND THE DATE AND TIME OF SUCH
VIOLATION.
3. THE NOTICE OF LIABILITY SHALL CONTAIN INFORMATION ADVISING THE
PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE OR SHE MAY CONTEST
THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL
ALSO CONTAIN A WARNING TO ADVISE THE PERSONS CHARGED THAT FAILURE TO
CONTEST IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF
LIABILITY AND THAT A DEFAULT JUDGEMENT MAY BE ENTERED THEREON.
4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE CITY
HAVING JURISDICTION WHERE THE VIOLATION OCCURRED, OR BY ANY OTHER ENTITY
AUTHORIZED BY THE CITY TO PREPARE AND MAIL SUCH NOTIFICATION OF
VIOLATION.
(F) 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 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 SECTION IT SHALL BE SUFFICIENT
THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE STOLEN VEHICLE BE SENT
BY FIRST CLASS MAIL TO THE TRAFFIC VIOLATIONS BUREAU, COURT HAVING
JURISDICTION, PARKING VIOLATIONS BUREAU OR ENVIRONMENTAL CONTROL BOARD.
(G) IN A CITY WHERE THE ADJUDICATION OF LIABILITY IMPOSED UPON OWNERS
PURSUANT TO THIS SECTION IS BY A TRAFFIC VIOLATIONS BUREAU, ENVIRON-
MENTAL CONTROL BOARD OR A COURT HAVING JURISDICTION, AN OWNER WHO IS A
LESSOR PURSUANT TO SUBDIVISION (E) OF THIS SECTION SHALL NOT BE LIABLE,
PROVIDED THAT HE OR SHE SENDS TO THE TRAFFIC VIOLATIONS BUREAU, ENVIRON-
MENTAL CONTROL BOARD 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 LEGI-
BLE, WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE BUREAU,
BOARD OR 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 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 THE VIOLATION AND SHALL BE SENT A NOTICE OF
LIABILITY PURSUANT TO SUBDIVISION (E) OF THIS SECTION.
(H) IF THE OWNER LIABLE FOR A VIOLATION 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.
A. 479 3
(I) A CERTIFICATE, SWORN TO OR AFFIRMED BY A POLICE OFFICER EMPLOYED
BY THE CITY IN WHICH THE CHARGED VIOLATION OCCURRED, OR A FACSIMILE
THEREOF, BASED UPON SUCH OFFICER'S PERSONAL OBSERVATIONS, SHALL BE PRIMA
FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN.
(J) THE PROVISIONS OF THIS SECTION SHALL BE CONTROLLING INSOFAR AS
THEY ARE INCONSISTENT WITH ANY PROVISION OF LAW RELATING TO SERVICE OF
AN APPEARANCE TICKET UPON A PERSON FOR AN ALLEGED VIOLATION OF LAW
RELATING TO THE OPERATION OF A MOTOR VEHICLE.
S 2. This act shall take effect immediately.