Senate Bill S3513

2009-2010 Legislative Session

Relates to a program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to transportation
Mar 20, 2009	referred to transportation

2009-S3513 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1111-a, rpld sub (m), V & T L; amd §17, Chap 746 of 1988; amd §19-210, rpld sub (o), NYC Ad Cd; amd §2, LL 46 NYC 1989

2009-S3513 (ACTIVE) - Summary

Relates to a program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with traffic control indications in certain counties and cities and to the civil liability of vehicle owners for traffic control signal violations; repeals certain provisions of the vehicle and traffic law and the administrative code of the city of New York relating to an owner liability demonstration program.

2009-S3513 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3513

 TITLE OF BILL :

An act to amend the vehicle and traffic law and the administrative
code of the city of New York, in relation to a program imposing
monetary liability on the owner of a vehicle for failure of an
operator thereof to comply with traffic control indications in certain
counties and cities; to amend chapter 746 of the laws of 1988 amending
the vehicle and traffic law, the general municipal law and the public
officers law relating to the civil liability of vehicle owners for
traffic control signal violations, in relation to the effectiveness of
such chapter; to amend local law number 46 of the city of New York for
the year 1989 amending the administrative code of the city of New
York, relating to civil liability of vehicle owners for traffic
control signal violations, in relation to the effectiveness thereof;
and to repeal certain provisions of the vehicle and traffic law and
the administrative code of the city of New York relating to an owner
liability demonstration program


 PURPOSE :

This bill would expand the Red Light Camera Traffic Safety Program
currently authorized for New York City and extend authorization for
the program to the cities of Buffalo, Rochester, Syracuse and Yonkers,

as well as Nassau and Suffolk counties.

 SUMMARY OF PROVISIONS :

The bill would expand the Red Light Camera Traffic Safety Program
currently authorized for New York City and extend authorization for
the program to the cities of Buffalo, Rochester, Syracuse and Yonkers,
as well as Nassau and Suffolk counties.

The current Red Light Camera Traffic Safety Program would be modified
as follows:

** The maximum fine would be increased from $50 to $100 for each
violation.

** The number of intersections in which cameras can be installed would
no longer be capped at 100, and instead become a local determination.

** Statutory authorization for the program would be made permanent
(scheduled to sunset 12/1/09).

** State reporting requirements related to New York City's
demonstration program would be repealed.

 EXISTING LAW :

Currently, only the City of New York is authorized pursuant to section
1111-a of the Vehicle and traffic law to establish a red light camera
enforcement program.

 JUSTIFICATION :

Since the original demonstration program was first authorized in 1993,
red light cameras have played an integral role in New York City's
efforts to enhance public safety. The extended use of these devices
has been shown to dramatically reduce the number of violations
(40%-60%) at intersections being monitored and data show that for the
44 cameras installed after January 1, 2001 there has been a 24%
reduction in all injuries at monitored locations.

 LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

None to New York State.

 LOCAL FISCAL IMPLICATIONS :

This expansion of the Red Light Camera Safety Program is estimated to
raise additional annual revenues of $100 million for New York City in
CFY 2009-10, growing to $233 million by CFY 2011-12, and approximately
$50 million for the other eligible cities and counties combined.

 EFFECTIVE DATE :
Immediately.

2009-S3513 (ACTIVE) - Bill Text download pdf

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

                                  3513

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 20, 2009
                               ___________

Introduced  by Sen. SQUADRON -- 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 and the administrative  code
  of  the  city  of New York, in relation to a program imposing monetary
  liability on the owner of a vehicle for failure of an operator thereof
  to comply with traffic control indications  in  certain  counties  and
  cities;  to amend chapter 746 of the laws of 1988 amending the vehicle
  and traffic law, the general municipal law and the public officers law
  relating to the civil liability of vehicle owners for traffic  control
  signal  violations,  in relation to the effectiveness of such chapter;
  to amend local law number 46 of the city of New York for the year 1989
  amending the administrative code of the city of New York, relating  to
  civil   liability   of  vehicle  owners  for  traffic  control  signal
  violations, in relation to the effectiveness thereof;  and  to  repeal
  certain  provisions of the vehicle and traffic law and the administra-
  tive code of the city of New  York  relating  to  an  owner  liability
  demonstration program

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

  Section 1. Subdivisions (a), (b),  (d),  (e),  (g),  (h)  and  (j)  of
section 1111-a of the vehicle and traffic law, subdivisions (a), (b) and
(d)  as  amended  by chapter 658 of the laws of 2006, subdivision (e) as
amended by chapter 479 of the laws of 1994 and subdivisions (g), (h) and
(j) as added by chapter 746 of the laws of 1988, are amended to read  as
follows:
  (a)  1.  Notwithstanding  any other provision of law, each city with a
population of one [million] HUNDRED TWENTY-FIVE THOUSAND or more [is] OR
COUNTY WITH A POPULATION OF ONE MILLION OR MORE 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 failure of an operator thereof to comply  with  traffic-con-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10401-01-9

S. 3513                             2

trol  indications  in  such  city  OR  COUNTY  in  accordance  with  the
provisions of this section. [Such demonstration program shall empower  a
city to install and operate traffic-control signal photo violation-moni-
toring  devices  at  no  more than one hundred intersections within such
city 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 city OR COUNTY has made a reasonable  effort  to
comply with the provisions of this paragraph.
  (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 A COUNTY WHICH, BY LOCAL LAW, HAS AUTHORIZED THE ADJUDI-
CATION OF SUCH OWNER LIABILITY BY A TRAFFIC AND PARKING VIOLATIONS AGEN-
CY, SUCH SCHEDULE MAY BE PROMULGATED BY  THE  BOARD  OF  JUDGES  OF  THE
DISTRICT  COURT  FOR SUCH COUNTY, PURSUANT TO SUBDIVISION ONE OF SECTION
TWENTY-FOUR HUNDRED EIGHT OR  SUBDIVISION  ONE  OF  SECTION  TWENTY-FOUR
HUNDRED  ELEVEN OF THE UNIFORM DISTRICT COURT ACT.  The liability of the
owner pursuant to this section shall  not  exceed  [fifty]  ONE  HUNDRED
dollars  for  each  violation; provided, however, that such local law or
ordinance may provide for an additional penalty not in excess  of  twen-
ty-five  dollars  for  each  violation  for  the failure to respond to a
notice of liability within the prescribed time period.
  (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

S. 3513                             3

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 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 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.
  (h)  Adjudication of the liability imposed upon owners by this section
shall  be  by  a  traffic  violations  bureau  OR  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  infractions, except that any city OR COUNTY
which has established an administrative tribunal to hear  and  determine
complaints  of  traffic  infractions  constituting  parking, standing or
stopping violations, OR AN ADMINISTRATIVE  TRIBUNAL  TO  ADJUDICATE  THE
LIABILITY  IMPOSED  BY  THIS  SECTION, may, by local law, authorize such
adjudication by such tribunal.  WHEN A COUNTY HAS ESTABLISHED A  PROGRAM
UNDER THIS SECTION, AND WHEN ADJUDICATION IS BY A COURT HAVING JURISDIC-
TION  OVER  TRAFFIC INFRACTIONS, 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.
  (j)  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, A TRAFFIC AND PARKING VIOLATIONS AGENCY or a court having juris-
diction,  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,  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,
TRAFFIC AND PARKING VIOLATIONS AGENCY 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 paragraph, 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 of subdivision (d) of section eleven hundred  eleven  of  this

S. 3513                             4

article pursuant to this section and shall be sent a notice of liability
pursuant to subdivision (g) of this section.
  2.  (i)  In a city OR A COUNTY which, by local law, has authorized the
adjudication of liability imposed upon owners by this section by a park-
ing violations bureau, 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:
  (A)  prior  to  the violation, the lessor has filed with the bureau in
accordance with the provisions of section  two  hundred  thirty-nine  of
this chapter; and
  (B) within thirty-seven days after receiving notice from the bureau 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 identi-
fied 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.
  (ii) Failure to comply with clause (B) of  subparagraph  (i)  of  this
paragraph  shall  render  the owner liable for the penalty prescribed in
this section.
  (iii) 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 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 (g) of  this
section.
  S  2. Subdivision (m) of section 1111-a of the vehicle and traffic law
is REPEALED.
  S 3. Section 17 of chapter 746 of the laws of 1988 amending the  vehi-
cle  and  traffic law, the general municipal law and the public officers
law relating to the  civil  liability  of  vehicle  owners  for  traffic
control  signal  violations,  as  amended  by chapter 667 of the laws of
2004, is amended to read as follows:
  S 17. This act shall take effect on the thirtieth day after  it  shall
have  become  a  law  [and  shall  remain in full force and effect until
December 1, 2009 when upon such date the amendments and provisions  made
by  this act shall be deemed repealed; provided, however, any such local
laws as may be enacted pursuant to this act shall remain in  full  force
and effect only until the expiration on December 1, 2009].
  S  4.  Subdivisions (a), (f) and (n) of section 19-210 of the adminis-
trative code of the city of New York,  subdivision  (a)  as  amended  by
chapter 658 of the laws of 2006, subdivision (f) as amended by local law
number 29 of the city of New York for the year 1994, and subdivision (n)
as  amended  by local law number 25 of the city of New York for the year
1994, are amended to read as follows:
  (a) 1.  Notwithstanding  any  other  provision  of  law,  the  parking
violations  bureau  is  hereby  authorized  and empowered to establish a
[demonstration] program imposing monetary liability on the  owner  of  a
vehicle  for  failure of an operator thereof to comply with traffic-con-
trol indications in accordance with the provisions of this section. [The
department of transportation, for purposes  of  implementation  of  such
program,  shall  be  authorized  to  install and operate traffic-control
signal photo violation-monitoring devices at no more  than  one  hundred
intersections at any one time.]

S. 3513                             5

  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 city has made a reasonable effort to comply with
the provisions of this paragraph.
  (f) An owner liable for a violation  of  subdivision  (d)  of  section
eleven  hundred  eleven  of the vehicle and traffic law pursuant to this
section shall be liable for monetary  penalties  in  accordance  with  a
schedule  of  fines  and penalties to be promulgated by such bureau. The
liability of the owner pursuant to this section shall not exceed [fifty]
ONE HUNDRED dollars for  each  violation;  provided  however  that  such
bureau  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. Such bureau shall adju-
dicate liability imposed by this section.
  (n) On or before September 1, 1989, and every four months  thereafter,
until such time as the [demonstration] program authorized in subdivision
(a)  hereof  shall be fully operational, the commissioner of transporta-
tion shall submit a written report to the council on the status of  said
[demonstration]  program.  Such report shall include, but not be limited
to, the locations selected for inclusion in the [demonstration]  program
and  the  cost  to the city, both individually and collectively, of each
location included in such [demonstration] project.
  S 5. Subdivision (o) of section 19-210 of the administrative  code  of
the city of New York is REPEALED.
  S  6. Section 2 of local law number 46 of the city of New York for the
year 1989 amending the administrative code  of  the  city  of  New  York
relating to civil liability of vehicle owners for traffic control signal
violations, as amended by chapter 667 of the laws of 2004, is amended to
read as follows:
  S 2. This local law shall take effect immediately [and shall expire on
December 1, 2009].
  S 7. This act shall take effect immediately.

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Senate Bill S3513

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

Actions

2009-S3513 (ACTIVE) - Details

2009-S3513 (ACTIVE) - Summary

2009-S3513 (ACTIVE) - Sponsor Memo

2009-S3513 (ACTIVE) - Bill Text download pdf

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Sponsored By

Daniel L. Squadron

Archive: Last Bill Status - In Senate Committee Transportation Committee

Actions

2009-S3513 (ACTIVE) - Details

2009-S3513 (ACTIVE) - Summary

2009-S3513 (ACTIVE) - Sponsor Memo

2009-S3513 (ACTIVE) - Bill Text download pdf

Comments