S T A T E   O F   N E W   Y O R K
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                                  7333

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 30, 2009
                               ___________

Introduced  by  M.  of  A.  EDDINGTON,  FIELDS, SWEENEY -- read once and
  referred to the Committee on Transportation

AN ACT to amend the vehicle and traffic law and the public officers law,
  in relation to adjudications and owner liability for  a  violation  of
  traffic-control  signal  indications  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. Paragraph a of subdivision 5-a of section 401 of the vehi-
cle and traffic law, as amended by chapter 496  of  the  laws  of  1990,
subparagraph (i) as designated and subparagraph (ii) as added by chapter
373 of the laws of 1994, is amended to read as follows:
  a.  (i)  If  at  the time of application for a registration or renewal
thereof there is  a  certification  from  a  court,  parking  violations
bureau, traffic and parking violations agency or administrative tribunal
of  appropriate  jurisdiction  or administrative tribunal of appropriate
jurisdiction that the registrant or his OR HER representative failed  to
appear  on the return date or any subsequent adjourned date or failed to
comply with the rules and  regulations  of  an  administrative  tribunal
following  entry  of a final decision in response to a total of three or
more summonses or other process in the aggregate, issued within an eigh-
teen month period, charging either  that  (i)  such  motor  vehicle  was
parked, stopped or standing, or that such motor vehicle was operated for
hire  by  the registrant or his OR HER agent without being licensed as a
motor vehicle for hire by the appropriate local authority, in  violation
of  any of the provisions of this chapter or of any law, ordinance, rule
or regulation made by a local  authority  or  (ii)  the  registrant  was
liable  in  accordance  with  section  eleven hundred eleven-a OR ELEVEN
HUNDRED ELEVEN-B of this chapter for a violation of subdivision  (d)  of
section  eleven  hundred eleven of this chapter, the commissioner or his
OR HER agent shall deny the registration or  renewal  application  until
the  applicant  provides  proof  from  the  court,  traffic  and parking
violations agency or administrative tribunal  wherein  the  charges  are
pending  that an appearance or answer has been made or in the case of an

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10849-02-9

A. 7333                             2

administrative tribunal that he OR SHE has complied with the  rules  and
regulations  of said tribunal following entry of a final decision. Where
an application is denied pursuant to this section, the commissioner may,
in  his OR HER discretion, deny a registration or renewal application to
any other person for the same vehicle and may  deny  a  registration  or
renewal  application  for any other motor vehicle registered in the name
of the applicant where the commissioner has determined that such  regis-
trant's  intent  has  been to evade the purposes of this subdivision and
where the commissioner has  reasonable  grounds  to  believe  that  such
registration  or  renewal will have the effect of defeating the purposes
of this subdivision. Such denial shall only remain in effect as long  as
the  summonses  remain  unanswered,  or in the case of an administrative
tribunal, the registrant fails to comply with the rules and  regulations
following entry of a final decision.
  (ii)  For purposes of this paragraph, the term "motor vehicle operated
for hire" shall mean and include a taxicab, livery, coach, limousine  or
tow truck.
  S  2. Paragraph a of subdivision 5-a of section 401 of the vehicle and
traffic law, as separately amended by chapters 339 and 592 of  the  laws
of 1987, is amended to read as follows:
  a. If at the time of application for a registration or renewal thereof
there  is  a  certification  from  a court or administrative tribunal of
appropriate jurisdiction that the registrant or  his  OR  HER  represen-
tative  failed  to appear on the return date or any subsequent adjourned
date or failed to comply with the rules and regulations of  an  adminis-
trative  tribunal  following  entry of a final decision in response to A
TOTAL OF three or more summonses or  other  process  IN  THE  AGGREGATE,
issued  within  an  eighteen month period, charging EITHER that (I) such
motor vehicle was parked, stopped or standing, or that such motor  vehi-
cle  was operated for hire by the registrant or his OR HER agent without
being licensed as a motor vehicle for  hire  by  the  appropriate  local
authority,  in  violation of any of the provisions of this chapter or of
any law, ordinance, rule or regulation made by a local authority OR (II)
THE REGISTRANT WAS LIABLE IN  ACCORDANCE  WITH  SECTION  ELEVEN  HUNDRED
ELEVEN-B  OF  THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (D) OF SECTION
ELEVEN HUNDRED ELEVEN OF THIS CHAPTER, the commissioner or  his  OR  HER
agent  shall  deny  the  registration  or  renewal application until the
applicant provides proof from the court or administrative tribunal wher-
ein the charges are pending that an appearance or answer has  been  made
or in the case of an administrative tribunal that he OR SHE has complied
with  the  rules  and  regulations of said tribunal following entry of a
final decision. Where an application is denied pursuant to this section,
the commissioner may, in his OR HER discretion, deny a  registration  or
renewal  application  to  any  other person for the same vehicle and may
deny a registration or renewal application for any other  motor  vehicle
registered  in  the  name  of  the  applicant where the commissioner has
determined that such registrant's intent has been to evade the  purposes
of this subdivision and where the commissioner has reasonable grounds to
believe  that  such  registration  or  renewal  will  have the effect of
defeating the purposes of  this  subdivision.  Such  denial  shall  only
remain  in  effect as long as the summonses remain unanswered, or in the
case of an administrative tribunal, the registrant fails to comply  with
the rules and regulations following entry of a final decision.
  S  3.  The  vehicle and traffic law is amended by adding a new section
1111-b to read as follows:

A. 7333                             3

  S 1111-B. OWNER LIABILITY FOR  FAILURE  OF  OPERATOR  TO  COMPLY  WITH
TRAFFIC-CONTROL  INDICATIONS. (A) 1. 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 LIABILITY ON THE OWNER OF A VEHICLE FOR FAIL-
URE 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 SUCH COUNTY TO INSTALL AND OPERATE
TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING  DEVICES  AT  NO  MORE
THAN FIFTY INTERSECTIONS WITHIN AND UNDER THE JURISDICTION OF SUCH COUN-
TY AT ANY ONE TIME.
  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 COUNTY HAS MADE A REASONABLE EFFORT TO COMPLY
WITH THE PROVISIONS OF THIS PARAGRAPH.
  (B) IN ANY SUCH 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.
  (C) FOR PURPOSES OF THIS  SECTION,  "OWNER"  SHALL  HAVE  THE  MEANING
PROVIDED IN ARTICLE TWO-B OF THIS CHAPTER. FOR PURPOSES OF THIS SECTION,
"TRAFFIC-CONTROL  SIGNAL PHOTO VIOLATION-MONITORING SYSTEM" SHALL MEAN A
VEHICLE SENSOR INSTALLED TO WORK IN CONJUNCTION WITH  A  TRAFFIC-CONTROL
SIGNAL WHICH AUTOMATICALLY PRODUCES TWO OR MORE PHOTOGRAPHS, TWO OR MORE
MICROPHOTOGRAPHS,  A  VIDEOTAPE OR OTHER RECORDED IMAGES OF EACH VEHICLE
AT THE TIME IT IS USED OR OPERATED IN VIOLATION OF  SUBDIVISION  (D)  OF
SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE.
  (D)  A  CERTIFICATE,  SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY
SUFFOLK COUNTY IN WHICH THE CHARGED VIOLATION OCCURRED, OR  A  FACSIMILE
THEREOF,  BASED  UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDE-
OTAPE 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. THE LIABILITY OF THE OWNER PURSU-
ANT TO THIS SECTION SHALL NOT EXCEED FIFTY DOLLARS FOR  EACH  VIOLATION;
PROVIDED,  HOWEVER,  THAT SUCH LOCAL LAW OR ORDINANCE MAY PROVIDE FOR AN

A. 7333                             4

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.
  (F)  AN IMPOSITION OF LIABILITY UNDER A LOCAL LAW OR ORDINANCE ADOPTED
PURSUANT TO 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.
  (G) 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  OF  SUBDIVISION
(D)  OF  SECTION  ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO THIS
SECTION. PERSONAL DELIVERY ON THE OWNER SHALL NOT BE REQUIRED. A  MANUAL
OR  AUTOMATIC RECORD OF MAILING PREPARED IN THE ORDINARY COURSE OF BUSI-
NESS 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 OF SUBDIVISION
(D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE  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.
  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 LIABIL-
ITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
  4. THE NOTICE OF LIABILITY SHALL BE PREPARED  AND  MAILED  BY  SUFFOLK
COUNTY  OR  BY ANY OTHER ENTITY AUTHORIZED BY SUCH COUNTY TO PREPARE AND
MAIL SUCH NOTIFICATION OF VIOLATION.
  (H) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS  SECTION
SHALL BE BY THE COURT HAVING JURISDICTION OVER TRAFFIC INFRACTIONS.
  (I)  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 SUBDIVISION (D) OF SECTION
ELEVEN  HUNDRED ELEVEN OF THIS ARTICLE 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 TO THE COURT HAVING JURISDICTION.
  (J) AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF LIABIL-
ITY  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 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 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 THIR-
TY-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

A. 7333                             5

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.
  (K)  1.  IF  THE  OWNER  LIABLE  FOR A VIOLATION OF SUBDIVISION (D) OF
SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE 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.
  2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO OWNER OF  A
VEHICLE  SHALL  BE  SUBJECT  TO A MONETARY FINE IMPOSED PURSUANT TO THIS
SECTION IF THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH-
OUT THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR FAILED TO OBEY  A
TRAFFIC-CONTROL INDICATION. FOR PURPOSES OF THIS SUBDIVISION THERE SHALL
BE  A  PRESUMPTION  THAT THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH
VEHICLE WITH THE CONSENT OF THE OWNER AT THE TIME SUCH  OPERATOR  FAILED
TO OBEY A TRAFFIC-CONTROL INDICATION.
  (L)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
OF AN OPERATOR OF A VEHICLE FOR ANY  VIOLATION  OF  SUBDIVISION  (D)  OF
SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE.
  (M)  WHEN A COUNTY HAS ESTABLISHED A DEMONSTRATION PROGRAM PURSUANT TO
THIS SECTION, ALL FINES AND PENALTIES COLLECTED UNDER SUCH PROGRAM SHALL
BE MADE TO THE COUNTY TREASURER WITHIN THE FIRST TEN DAYS OF  THE  MONTH
FOLLOWING COLLECTION.
  (N)  IN  ANY SUCH COUNTY WHICH ADOPTS A DEMONSTRATION PROGRAM PURSUANT
TO SUBDIVISION (A) OF THIS SECTION, SUCH 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 PRESIDENT  OF
THE  SENATE AND THE SPEAKER OF THE ASSEMBLY ON OR BEFORE JUNE FIRST, TWO
THOUSAND TEN 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. THE AGGREGATE 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. THE AGGREGATE 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;
  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;
  7.  THE  NUMBER  OF VIOLATIONS ADJUDICATED AND RESULTS OF SUCH ADJUDI-
CATIONS INCLUDING BREAKDOWNS OF DISPOSITION MADE FOR VIOLATIONS RECORDED
BY SUCH SYSTEMS;
  8. THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH COUNTY;
  9. EXPENSES INCURRED BY SUCH COUNTY IN CONNECTION  WITH  THE  PROGRAM;
AND
  10. QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.

A. 7333                             6

  (O) IT SHALL BE A DEFENSE TO ANY PROSECUTION FOR A VIOLATION OF SUBDI-
VISION  (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO
A LOCAL LAW OR ORDINANCE ADOPTED PURSUANT  TO  THIS  SECTION  THAT  SUCH
TRAFFIC-CONTROL  INDICATIONS  WERE  MALFUNCTIONING  AT  THE  TIME OF THE
ALLEGED VIOLATION.
  S  4.  The  opening  paragraph  and  paragraph (c) of subdivision 1 of
section 1809 of the vehicle and traffic law, as amended by section 2  of
part  DD  of  chapter  56  of  the  laws of 2008, are amended to read as
follows:
  Whenever proceedings in an administrative tribunal or a court of  this
state  result  in  a  conviction  for an offense under this chapter or a
traffic infraction under this chapter, or a local law,  ordinance,  rule
or  regulation  adopted  pursuant  to this chapter, other than a traffic
infraction involving standing, stopping, or  parking  or  violations  by
pedestrians or bicyclists, or other than an adjudication of liability of
an  owner  for  a violation of subdivision (d) of section eleven hundred
eleven of  this  chapter  in  accordance  with  section  eleven  hundred
eleven-a  of this chapter, OR OTHER THAN AN ADJUDICATION OF LIABILITY OF
AN OWNER FOR A VIOLATION OF SUBDIVISION (D) OF  SECTION  ELEVEN  HUNDRED
ELEVEN  OF  THIS  CHAPTER  IN  ACCORDANCE  WITH  SECTION  ELEVEN HUNDRED
ELEVEN-B OF THIS CHAPTER, there shall be levied a crime  victim  assist-
ance fee and a mandatory surcharge, in addition to any sentence required
or permitted by law, in accordance with the following schedule:
  (c)  Whenever  proceedings in an administrative tribunal or a court of
this state result in a conviction for  an  offense  under  this  chapter
other than a crime pursuant to section eleven hundred ninety-two of this
chapter,  or  a  traffic  infraction under this chapter, or a local law,
ordinance, rule or regulation adopted pursuant to  this  chapter,  other
than  a  traffic  infraction involving standing, stopping, or parking or
violations by pedestrians or bicyclists, or other than  an  adjudication
of  liability  of an owner for a violation of subdivision (d) of section
eleven hundred eleven of this chapter in accordance with section  eleven
hundred  eleven-a  of  this  chapter,  OR  OTHER THAN AN ADJUDICATION OF
LIABILITY OF AN OWNER FOR A VIOLATION  OF  SUBDIVISION  (D)  OF  SECTION
ELEVEN  HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED ELEVEN-B OF THIS CHAPTER, or other than an  infraction  pursuant
to article nine of this chapter or other than an adjudication of liabil-
ity  of an owner for a violation of toll collection regulations pursuant
to section two thousand nine hundred eighty-five of the public  authori-
ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
hundred  seventy-four of the laws of nineteen hundred fifty, there shall
be levied a crime victim assistance fee in the amount  of  five  dollars
and  a  mandatory  surcharge,  in  addition  to any sentence required or
permitted by law, in the amount of fifty-five dollars.
  S 5. The opening paragraph of subdivision 1 of  section  1809  of  the
vehicle  and traffic law, as amended by chapter 190 of the laws of 1990,
is amended to read as follows:
  Whenever proceedings in an administrative tribunal or a court of  this
state result in a conviction for a crime under this chapter or a traffic
infraction  under this chapter, or a local law, ordinance, rule or regu-
lation adopted pursuant to this chapter, other than a traffic infraction
involving standing, stopping, parking  or  motor  vehicle  equipment  or
violations  by  pedestrians or bicyclists, or other than an adjudication
of liability of an owner for a violation of subdivision (d)  of  section
eleven  hundred eleven of this chapter in accordance with section eleven
hundred eleven-a of this chapter,  OR  OTHER  THAN  AN  ADJUDICATION  OF

A. 7333                             7

LIABILITY  OF  AN  OWNER  FOR  A VIOLATION OF SUBDIVISION (D) OF SECTION
ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION  ELEVEN
HUNDRED  ELEVEN-B  OF  THIS  CHAPTER,  there shall be levied a mandatory
surcharge,  in addition to any sentence required or permitted by law, in
the amount of twenty-five dollars.
  S 6. Paragraph a of subdivision 1 of section 1809-e of the vehicle and
traffic law, as amended by section 1 of part EE of  chapter  56  of  the
laws of 2008, is amended to read as follows:
  a.    Notwithstanding any other provision of law, whenever proceedings
in a court or an administrative tribunal  of  this  state  result  in  a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic  infraction  under  this chapter, or a local law, ordinance, rule or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists, and except an adjudication of liability of an  owner  for  a
violation  of  subdivision  (d) of section eleven hundred eleven of this
chapter in accordance with section eleven hundred eleven-a of this chap-
ter, AND EXCEPT AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION
OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS  CHAPTER  IN
ACCORDANCE  WITH  SECTION  ELEVEN  HUNDRED ELEVEN-B OF THIS CHAPTER, and
except an adjudication of liability of an owner for a violation of  toll
collection  regulations  pursuant  to  section two thousand nine hundred
eighty-five  of  the  public  authorities  law  or  sections  sixteen-a,
sixteen-b  and  sixteen-c  of  chapter seven hundred seventy-four of the
laws of nineteen hundred fifty, there shall be levied in addition to any
sentence, penalty or other surcharge required or permitted  by  law,  an
additional surcharge of twenty dollars.
  S 7. Subdivision 2 of section 87 of the public officers law is amended
by adding a new paragraph (k) to read as follows:
  (K)  ARE  PHOTOGRAPHS,  MICROPHOTOGRAPHS,  VIDEOTAPE OR OTHER RECORDED
IMAGES PREPARED UNDER AUTHORITY OF SECTION ELEVEN  HUNDRED  ELEVEN-B  OF
THE VEHICLE AND TRAFFIC LAW.
  S  8.  The  purchase or lease of equipment for a demonstration program
established pursuant to section 1111-b of the vehicle  and  traffic  law
shall be subject to the provisions of section 103 of the general munici-
pal law.
  S  9.  This  act shall take effect on the thirtieth day after it shall
have become a law and shall expire December 1, 2014 when upon such  date
the  provisions  of this act shall be deemed repealed; provided that the
amendments to paragraph a of subdivision 5-a of section 401 of the vehi-
cle and traffic law made by section one of this act shall be subject  to
the expiration and reversion of such paragraph pursuant to section 17 of
chapter  746  of  the  laws of 1988, as amended, when upon such date the
provisions of section two of this act shall take effect;  provided  that
the amendments to the opening paragraph and paragraph (c) of subdivision
1 of section 1809 of the vehicle and traffic law made by section four of
this act shall be subject to the expiration and reversion of such subdi-
vision  pursuant  to  chapter  166 of the laws of 1991, as amended, when
upon such date the provisions of section five of  this  act  shall  take
effect;  provided, however, that the amendments to the opening paragraph
of subdivision 1 of section 1809 of the vehicle and traffic law made  by
section  five of this act shall not affect the expiration of such subdi-
vision and shall expire therewith; and provided, further, that any  such
local  laws  as may be enacted pursuant to this act shall remain in full
force and effect only until December 1, 2014.