S T A T E   O F   N E W   Y O R K
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                                  5911

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 23, 2009
                               ___________

Introduced by M. of A. TOWNS, WALKER, GREENE -- Multi-Sponsored by -- M.
  of A. BENJAMIN -- read once and referred to the Committee on Transpor-
  tation

AN ACT to amend the vehicle and traffic law, in relation to reporting of
  drivers who pass a stopped school bus and the sanctions therefor

  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 1174-a to read as follows:
  S 1174-A. PASSING OF STOPPED SCHOOL BUS; REPORTING BY SCHOOL BUS OPER-
ATORS  AND INDIVIDUALS. (A) THE OPERATOR OF A SCHOOL BUS OR ANY INDIVID-
UAL WHO OBSERVES A VIOLATION OF SECTION ELEVEN HUNDRED  SEVENTY-FOUR  OF
THIS  ARTICLE  MAY  SUBMIT  A  SIGNED  REPORT, ON A FORM PREPARED BY THE
COMMISSIONER, WHICH INDICATES THAT A VIOLATION OCCURRED.    SUCH  REPORT
SHALL INCLUDE BUT NOT BE LIMITED TO THE FOLLOWING INFORMATION:
  1. THE DATE AND APPROXIMATE TIME OF THE VIOLATION;
  2.  A  DESCRIPTION  OF  THE  ALLEGED  VIOLATOR, OR THE IDENTITY OF THE
VIOLATOR, IF KNOWN TO THE SCHOOL BUS OPERATOR OR INDIVIDUAL; AND
  3. THE LICENSE NUMBER AND THE TYPE, MODEL, OR OTHER IDENTIFYING  CHAR-
ACTERISTICS OF THE VEHICLE.
  SUCH  REPORT  SHALL  BE  DELIVERED  TO A LOCAL LAW ENFORCEMENT OFFICER
WITHIN FORTY-EIGHT HOURS, AND SUCH OFFICER SHALL FORWARD A COPY  TO  THE
COMMISSIONER.
  (B)  A DRIVER OF A SCHOOL BUS WHO KNOWINGLY FILES FALSE INFORMATION IN
THE REPORT REQUIRED BY THIS SECTION SHALL BE SUBJECT  TO  THE  DISQUALI-
FICATION SPECIFIED IN PARAGRAPHS (B) AND (C) OF SUBDIVISIONS ONE AND TWO
OF SECTION FIVE HUNDRED NINE-C OF THIS CHAPTER, IN ADDITION TO ANY OTHER
PENALTY PROVIDED BY LAW. ANY INDIVIDUAL WHO KNOWINGLY FILES FALSE INFOR-
MATION  IN  THE  REPORT  REQUIRED  BY THIS SECTION SHALL BE SUBJECT TO A
VIOLATION, PUNISHABLE BY A FINE OF NOT LESS THAN FIFTY DOLLARS NOR  MORE
THAN ONE HUNDRED DOLLARS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08631-01-9
              

A. 5911                             2

  (C) UPON THE REPORT OF THE INFORMATION SPECIFIED IN SUBDIVISION (A) OF
THIS  SECTION, SUCH LAW ENFORCEMENT OFFICER SHALL ISSUE A SUMMONS TO THE
VIOLATOR OR SHALL INITIATE AN INVESTIGATION BASED ON THE INFORMATION  SO
PROVIDED. A NOTICE OF VIOLATION SHALL BE SENT TO THE PERSON OR ENTITY IN
WHOSE  NAME THE VEHICLE IS REGISTERED. THE OWNER OR LESSEE OF SUCH VEHI-
CLE SHALL, UPON RECEIPT OF A NOTICE OF VIOLATION ISSUED BY THE  ENFORCE-
MENT BUREAU OF THE MUNICIPALITY HAVING JURISDICTION, IDENTIFY THE OPERA-
TOR  OF THE VEHICLE AT THE TIME OF THE ALLEGED VIOLATION, TO THE BEST OF
THE OWNER'S OR LESSEE'S ABILITY TO DO SO. FAILURE TO DO SO SHALL CONSTI-
TUTE A VIOLATION OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS  ARTICLE
AND  SUCH  LESSEE  OR  OWNER  SHALL BE SUBJECT TO THE MONETARY PENALTIES
SPECIFIED IN SUCH SECTION.
  (D) 1. A NOTICE OF VIOLATION SHALL BE SENT BY FIRST CLASS MAIL TO EACH
PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF THIS SECTION.
A MANUAL OR AUTOMATIC RECORD OF MAILING PREPARED IN THE ORDINARY  COURSE
OF  BUSINESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THERE-
IN.
  2. A NOTICE OF VIOLATION SHALL CONTAIN THE NAME  AND  ADDRESS  OF  THE
PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF 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.
  3.  A  NOTICE  OF THE VIOLATION SHALL CONTAIN INFORMATION ADVISING THE
PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE OR SHE MAY CONTEST
THE VIOLATION ALLEGED IN THE NOTICE, AND 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.
  (E) ADJUDICATION OF THE VIOLATION PRESCRIBED 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.
  (F)  ANY  REGISTERED OWNER OR REGISTRANT WHICH IS AN AUTOMOBILE RENTAL
OR LEASING COMPANY AND WHICH RECEIVES A NOTIFICATION UNDER THIS  SECTION
SHALL DELIVER OR MAIL A COPY OF THE RENTAL OR LEASING AGREEMENT COVERING
THE VEHICLE ON THAT DATE, WITH THE NAME AND ADDRESS OF THE LESSEE CLEAR-
LY  LEGIBLE,  WITHIN  FIFTEEN  DAYS  TO THE APPROPRIATE MUNICIPAL AGENCY
WHICH ISSUED SUCH NOTICE OF VIOLATION. FAILURE TO SEND SUCH  INFORMATION
WITHIN  THE PRESCRIBED TIME PERIOD SHALL RENDER SUCH REGISTERED OWNER OR
REGISTRANT RESPONSIBLE FOR  THE  MONETARY  PENALTY  PRESCRIBED  IN  THIS
SECTION.
  (G)  IF  A  REGISTRANT,  LESSEE,  OR  OPERATOR  RECEIVES  A  NOTICE OF
VIOLATION AS PRESCRIBED BY THIS SECTION FOR ANY TIME PERIOD DURING WHICH
THE VEHICLE WAS STOLEN, SUCH PERSON SHALL NOT  BE  RESPONSIBLE  FOR  THE
VIOLATION PROVIDING THAT A COPY OF THE POLICE REPORT ON THE STOLEN VEHI-
CLE  IS  FORWARDED  WITHIN FIFTEEN DAYS TO THE ENFORCEMENT BUREAU OF THE
MUNICIPALITY HAVING JURISDICTION. FAILURE TO SEND SUCH INFORMATION WITH-
IN SUCH FIFTEEN DAY TIME PERIOD SHALL RENDER SUCH PERSON RESPONSIBLE FOR
THE MONETARY PENALTY PRESCRIBED BY SECTION ELEVEN  HUNDRED  SEVENTY-FOUR
OF THIS ARTICLE.
  (H) IF THE REGISTRANT OR LESSEE WAS NOT THE OPERATOR OF THE VEHICLE AT
THE TIME OF THE VIOLATION, THE REGISTRANT MAY MAINTAIN A CAUSE OF ACTION
TO  RECOVER  FROM THE OPERATOR ANY PENALTY IMPOSED UNDER THIS SECTION IN
ADDITION TO ANY OTHER DAMAGES  SUFFERED  BY  THE  REGISTRANT  OR  LESSEE
RESULTING FROM THE VIOLATION.

A. 5911                             3

  S  2.  Paragraph  b of subdivision 2 of section 510 of the vehicle and
traffic law is amended by adding a new subparagraph  (xvi)  to  read  as
follows:
  (XVI)  UNTIL  THE  HOLDER  RESPONDS  TO  A  SUMMONS ISSUED PURSUANT TO
SECTION ELEVEN HUNDRED SEVENTY-FOUR-A OF THIS CHAPTER OR  COMPLIES  WITH
THE  FINAL DECISION OF A COURT OR ADMINISTRATIVE TRIBUNAL OF APPROPRIATE
JURISDICTION WITH REGARD TO SUCH SUMMONS.
  S 3. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.