NY State Senate Bill 2009-S34

Senate Bill S34

2009-2010 Legislative Session

Authorizes the county of Nassau to establish a demonstration program to monitor compliance with traffic control indications

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Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to transportation
Jan 07, 2009	referred to transportation

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2009-S34 (ACTIVE) - Details

See Assembly Version of this Bill:: A3825
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1111-a, V & T L

2009-S34 (ACTIVE) - Summary

Authorizes the county of Nassau to establish a demonstration program to monitor compliance with traffic control indications; provides such county may impose monetary liability on the owner of a vehicle for failure of an operator thereof to comply with traffic control indications.

2009-S34 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S34

 TITLE OF BILL :
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 Nassau county


 PURPOSE :
This Legislation seeks to prevent the deaths and injuries caused by
motorists running red light by authorizing Nassau county to adopt
local law to implement a program to install photo violation-monitoring
devices at up to fifty intersections.

 SUMMARY OF PROVISIONS :
The bill would amend Section 1111-a of the Vehicle and Traffic Law to
authorize Nassau County to adopt a local law to implement a
demonstration program to install photo violation-monitoring devices at
up to fifty intersections. This program would be similar to the
program that section 1111-a presently authorizes the City of New York
to implement. Like the City, Nassau County would be authorized to
impose monetary liability of up to fifty dollars on the owners of
vehicles shown by a photo violation-monitoring device to fail to
comply with traffic- jurisdiction to adjudicate violations under this
section in Nassau County. As in the City, no liability could be

imposed against owners who did not give their consent to the operation
of their vehicle. But there would be a statutory presumption that
vehicles were operated with owners' consent. Also, as in the City of
New York,  it would be a defense that traffic control indications were
malfunctioning at the time of the alleged violation. Lessors and
rental companies would not be held liable for violations. Vehicle
owners are not prohibited from maintaining actions for indemnification
against operators.  Finally, the bill would require Nassau County,
like the City of New York, to submit an annual program report to the
legislature and Governor. The report will be prepared by the Executive
Director of TPVA.

 JUSTIFICATION :
Aggressive driving, including running red lights, is a significant
reason for a reported increase in the percentage of fatalities
occurring at intersections as noted by the Insurance Institute for
Highway Safety. Red light running accidents are often the worst type
of accident; they often involve speed and right-angle impacts, which
can lead to the most severe injuries. In New York State 30% of
reported vehicular accidents in 1998 occurred at signalized
intersections. Of those, 244 involved fatalities. Of More than 18,000
pedestrian accidents occurring in the same peiord, 33% were at
signalized intersections.

Many cities in the United States already have operational photo
enforcement for catching red light runners, including New York City.
Los Angeles, San Francisco, San Diego, Baltimore, and Washington DC
Photo enforcement of red light running, and in making intersections
safer.

Most significantly, New York City has had a highly successful red
light cameras.  Since January 2006 scoff law enforcement has increased
by one hundred fifty-eight percent.  The data from the New York City
Department of Transportation has demonstrated that the presence of red
light cameras significantly alters the behavior of drivers and
dramatically reduces the number of accidents at affected
intersections. Traffic accidents at intersections are a major public
safety issue in Nassau county and it is beyond doubt that a red light
camera program would provide a significant improvement in traffic
safety with in the County. The Nassau County Traffic Safety Board
reports that three of New York's deadliest roads are Hempstead
Turnpike, Old Country Road and sunrise Highway.

Nassau County is being joined by Suffolk, Westchester and many upstate
counties in the effort to bolster traffic safety.

 LEGISLATIVE HISTORY :
2007-2008: Passed the Senate (S.4296)

 FISCAL IMPLICATIONS :
None to the State.

 EFFECTIVE DATE :
Immediately.

2009-S34 (ACTIVE) - Bill Text download pdf

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

                                   34

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by Sen. FUSCHILLO -- read twice and ordered printed, and when
  printed to be committed 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 Nassau county

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision (a) of section 1111-a of the vehicle and  traf-
fic  law,  as  amended by chapter 658 of the laws of 2006, is amended to
read as follows:
  (a) 1. Notwithstanding any other provision of law, each  city  with  a
population  of  one  million  or  more [is] AND THE COUNTY OF NASSAU ARE
hereby EACH INDIVIDUALLY 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 failure of an  operator
thereof to comply with traffic-control indications in such city OR COUN-
TY in accordance with the provisions of this section. Such demonstration
program  shall  empower  a  city  to install and operate traffic-control
signal photo violation-monitoring devices at no more  than  one  hundred
intersections  within  such  city at any one time AND SHALL EMPOWER SUCH
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.
  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

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

                                                           LBD00922-01-9

S. 34                               2

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.
  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
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 which, by
local law, has authorized the adjudication of such owner liability by  a
parking  violations  bureau,  such schedule shall be promulgated by such
bureau, AND IN NASSAU COUNTY IF, BY LOCAL LAW,  SUCH  COUNTY  AUTHORIZES
ADJUDICATION  OF  SUCH  OWNER LIABILITY BY THE NASSAU COUNTY TRAFFIC AND
PARKING VIOLATIONS AGENCY, SUCH SCHEDULE SHALL  BE  PROMULGATED  BY  THE
BOARD  OF  JUDGES  OF  THE DISTRICT COURT FOR NASSAU COUNTY, PURSUANT TO
SUBDIVISION ONE OF SECTION  TWO  THOUSAND  FOUR  HUNDRED  EIGHT  OF  THE
UNIFORM DISTRICT COURT ACT.  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:

S. 34                               3

  (h)  Adjudication of the liability imposed upon owners by this section
shall be by a traffic violations bureau OR  IN  NASSAU  COUNTY,  BY  THE
NASSAU COUNTY TRAFFIC AND PARKING VIOLATIONS AGENCY established pursuant
to  section  three  hundred  seventy of the general municipal law or, if
there  be  none,  by  the court having jurisdiction over traffic infrac-
tions, except that any city  which  has  established  an  administrative
tribunal to hear and determine complaints of traffic infractions consti-
tuting  parking,  standing  or  stopping  violations  may, by local law,
authorize such adjudication by such tribunal.
  S 5. Paragraph 1 of subdivision (j) 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:
  1.  In  a city OR A COUNTY where the adjudication of liability imposed
upon owners pursuant to this section is by a traffic violations  bureau,
THE  NASSAU  COUNTY  TRAFFIC  AND  PARKING  VIOLATIONS AGENCY 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, THE NASSAU  COUNTY  TRAFFIC  AND
PARKING  VIOLATIONS  AGENCY  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  TRAFFIC  VIOLATIONS  bureau  or  court of the date and time of such
violation, OR WITHIN FORTY-TWO DAYS  AFTER  RECEIVING  NOTICE  FROM  THE
NASSAU COUNTY TRAFFIC AND PARKING VIOLATIONS AGENCY 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  OR  FORTY-TWO 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 vehi-
cle  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.
  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 COUNTY OR city which adopts a demonstration program  pursu-
ant to subdivision (a) of this section, such COUNTY OR city 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] 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.  within  SUCH  COUNTY  OR  each borough of such city, 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 infor-
mation is maintained by the department of motor vehicles of this state;

S. 34                               4

  3. within SUCH COUNTY OR each borough  of  such  city,  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 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 COUNTY OR city from
such adjudications;
  9. expenses incurred by such COUNTY OR city  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.

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Senate Bill S34

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Sponsored By

Charles J. Fuschillo Jr.