Assembly Bill A10588B

2011-2012 Legislative Session

Relates to owner liability for failure of operator to comply with traffic control indications, and provides for repeal of provisions

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Archive: Last Bill Status - In Assembly 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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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 18, 2012	print number 10588b
Jun 18, 2012	amend (t) and recommit to transportation
Jun 12, 2012	print number 10588a
Jun 12, 2012	amend and recommit to transportation
Jun 07, 2012	referred to transportation

Bill Amendments

co-Sponsors

2011-A10588 - Details

Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §§1111-d & 1111-e, amd §§401 & 1809, V & T L; amd §88, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A1902
2015-2016: A5674

2011-A10588 - Summary

Relates to owner liability for failure of operator to comply with traffic control indications in the villages of Hempstead and Freeport.

2011-A10588 - Bill Text download pdf

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

                                  10588

                          I N  A S S E M B L Y

                              June 7, 2012
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Hooper) --
  read once and referred to the Committee on Transportation

AN ACT to amend the vehicle  and  traffic  law,  in  relation  to  owner
  liability for failure of operator to comply with traffic control indi-
  cations;  and providing for the repeal of such provisions upon expira-
  tion thereof

  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 two new
sections 1111-d and 1111-e to read as follows:
  S 1111-D. OWNER LIABILITY FOR  FAILURE  OF  OPERATOR  TO  COMPLY  WITH
TRAFFIC-CONTROL INDICATIONS.  (A) 1. NOTWITHSTANDING ANY OTHER PROVISION
OF  LAW,  THE  VILLAGE  OF  HEMPSTEAD  IN THE COUNTY OF NASSAU 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-CONTROL  INDICATIONS  IN  SUCH  VILLAGE  IN  ACCORDANCE WITH THE
PROVISIONS OF THIS SECTION. SUCH  DEMONSTRATION  PROGRAM  SHALL  EMPOWER
SUCH  VILLAGE TO INSTALL AND OPERATE TRAFFIC-CONTROL SIGNAL PHOTO VIOLA-
TION-MONITORING DEVICES AT NO MORE THAN FIFTEEN INTERSECTIONS WITHIN AND
UNDER THE JURISDICTION OF SUCH VILLAGE 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 VILLAGE HAS MADE A REASONABLE EFFORT  TO  COMPLY
WITH THE PROVISIONS OF THIS PARAGRAPH.
  (B)  IN  ANY  SUCH  VILLAGE 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

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

                                                           LBD15991-01-2

A. 10588                            2

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
HEMPSTEAD VILLAGE 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. 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
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

A. 10588                            3

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 VILLAGE OF
HEMPSTEAD OR BY ANY OTHER ENTITY AUTHORIZED BY SUCH VILLAGE  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
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 VILLAGE HAS ESTABLISHED A DEMONSTRATION PROGRAM PURSUANT TO
THIS SECTION, ALL FINES AND PENALTIES COLLECTED UNDER SUCH PROGRAM SHALL
BE MADE TO THE VILLAGE TREASURER WITHIN THE FIRST TEN DAYS OF THE  MONTH
FOLLOWING  COLLECTION  AND  DEPOSITED INTO A SEPARATE DESIGNATED ACCOUNT
AND SHALL NOT BE COMMINGLED WITH ANY OTHER  MONIES  IN  CUSTODY  OF  THE

A. 10588                            4

VILLAGE  TREASURER. ALL FINES AND PENALTIES COLLECTED IN SUCH DESIGNATED
ACCOUNT WILL BE ALLOCATED AS FOLLOWS: (I) FIFTEEN PERCENT  FOR  EXPENSES
INCURRED  IN CONNECTION TO THE PROGRAM; (II) FIFTEEN PERCENT FOR VILLAGE
REAL  PROPERTY  TAX  RELIEF; AND (III) SEVENTY PERCENT FOR VILLAGE YOUTH
SERVICES.
  (N) IN ANY SUCH VILLAGE WHICH ADOPTS A DEMONSTRATION PROGRAM  PURSUANT
TO  SUBDIVISION (A) OF THIS SECTION, SUCH VILLAGE 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  THIRTEEN 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 VILLAGE;
  9. EXPENSES INCURRED BY SUCH VILLAGE IN CONNECTION WITH  THE  PROGRAM;
AND
  10. QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
  (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 1111-E. OWNER LIABILITY FOR  FAILURE  OF  OPERATOR  TO  COMPLY  WITH
TRAFFIC-CONTROL INDICATIONS.  (A) 1. NOTWITHSTANDING ANY OTHER PROVISION
OF  LAW,  THE  VILLAGE  OF  FREEPORT  IN  THE COUNTY OF NASSAU 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-CONTROL  INDICATIONS  IN  SUCH  VILLAGE  IN  ACCORDANCE WITH THE
PROVISIONS OF THIS SECTION. SUCH  DEMONSTRATION  PROGRAM  SHALL  EMPOWER
SUCH  VILLAGE TO INSTALL AND OPERATE TRAFFIC-CONTROL SIGNAL PHOTO VIOLA-
TION-MONITORING DEVICES AT NO MORE THAN FIFTEEN INTERSECTIONS WITHIN AND
UNDER THE JURISDICTION OF SUCH VILLAGE AT ANY ONE TIME.
  2. SUCH DEMONSTRATION PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES  TO
ENSURE,  TO  THE  EXTENT  PRACTICABLE, THAT PHOTOGRAPHS PRODUCED BY SUCH

A. 10588                            5

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 VILLAGE HAS MADE A REASONABLE EFFORT TO COMPLY
WITH THE PROVISIONS OF THIS PARAGRAPH.
  (B) IN ANY SUCH VILLAGE 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
FREEPORT VILLAGE 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
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

A. 10588                            6

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 VILLAGE OF
FREEPORT OR BY ANY OTHER ENTITY AUTHORIZED BY SUCH  VILLAGE  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
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

A. 10588                            7

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 VILLAGE HAS ESTABLISHED A DEMONSTRATION PROGRAM PURSUANT TO
THIS SECTION, ALL FINES AND PENALTIES COLLECTED UNDER SUCH PROGRAM SHALL
BE  MADE TO THE VILLAGE TREASURER WITHIN THE FIRST TEN DAYS OF THE MONTH
FOLLOWING COLLECTION AND DEPOSITED INTO A  SEPARATE  DESIGNATED  ACCOUNT
AND  SHALL  NOT  BE  COMMINGLED  WITH ANY OTHER MONIES IN CUSTODY OF THE
VILLAGE TREASURER. ALL FINES AND PENALTIES COLLECTED IN SUCH  DESIGNATED
ACCOUNT  WILL  BE ALLOCATED AS FOLLOWS: (I) FIFTEEN PERCENT FOR EXPENSES
INCURRED IN CONNECTION TO THE PROGRAM; (II) FIFTEEN PERCENT FOR  VILLAGE
REAL  PROPERTY  TAX  RELIEF; AND (III) SEVENTY PERCENT FOR VILLAGE YOUTH
SERVICES.
  (N) IN ANY SUCH VILLAGE WHICH ADOPTS A DEMONSTRATION PROGRAM  PURSUANT
TO  SUBDIVISION (A) OF THIS SECTION, SUCH VILLAGE 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  THIRTEEN 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 VILLAGE;
  9. EXPENSES INCURRED BY SUCH VILLAGE IN CONNECTION WITH  THE  PROGRAM;
AND
  10. QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
  (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.

A. 10588                            8

  S 2. This act shall take effect on the thirtieth day  after  it  shall
have  become a law and shall expire December 1, 2017 when upon such date
the provisions of this act shall be deemed repealed.

co-Sponsors

2011-A10588A - Details

Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §§1111-d & 1111-e, amd §§401 & 1809, V & T L; amd §88, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A1902
2015-2016: A5674

2011-A10588A - Summary

Relates to owner liability for failure of operator to comply with traffic control indications in the villages of Hempstead and Freeport.

2011-A10588A - Bill Text download pdf

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

                                10588--A

                          I N  A S S E M B L Y

                              June 7, 2012
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Hooper) --
  read once and referred to the Committee on Transportation -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the vehicle  and  traffic  law,  in  relation  to  owner
  liability for failure of operator to comply with traffic control indi-
  cations;  and providing for the repeal of such provisions upon expira-
  tion thereof

  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 two new
sections 1111-d and 1111-e to read as follows:
  S 1111-D. OWNER LIABILITY FOR  FAILURE  OF  OPERATOR  TO  COMPLY  WITH
TRAFFIC-CONTROL INDICATIONS.  (A) 1. NOTWITHSTANDING ANY OTHER PROVISION
OF  LAW,  THE  VILLAGE  OF  HEMPSTEAD  IN THE COUNTY OF NASSAU 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-CONTROL  INDICATIONS  IN  SUCH  VILLAGE  IN  ACCORDANCE WITH THE
PROVISIONS OF THIS SECTION. SUCH  DEMONSTRATION  PROGRAM  SHALL  EMPOWER
SUCH  VILLAGE TO INSTALL AND OPERATE TRAFFIC-CONTROL SIGNAL PHOTO VIOLA-
TION-MONITORING DEVICES AT NO MORE THAN FIFTEEN INTERSECTIONS WITHIN AND
UNDER THE JURISDICTION OF SUCH VILLAGE 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 VILLAGE HAS MADE A REASONABLE EFFORT  TO  COMPLY
WITH THE PROVISIONS OF THIS PARAGRAPH.
  (B)  IN  ANY  SUCH  VILLAGE WHICH HAS ADOPTED A LOCAL LAW OR ORDINANCE
PURSUANT TO SUBDIVISION (A) OF THIS SECTION,  THE  OWNER  OF  A  VEHICLE

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

                                                           LBD15991-04-2

A. 10588--A                         2

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
HEMPSTEAD VILLAGE 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. 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
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.

A. 10588--A                         3

  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 VILLAGE  OF
HEMPSTEAD  OR  BY ANY OTHER ENTITY AUTHORIZED BY SUCH VILLAGE 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
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 VILLAGE HAS ESTABLISHED A DEMONSTRATION PROGRAM PURSUANT TO
THIS SECTION, ALL FINES AND PENALTIES COLLECTED UNDER SUCH PROGRAM SHALL

A. 10588--A                         4

BE  MADE TO THE VILLAGE TREASURER WITHIN THE FIRST TEN DAYS OF THE MONTH
FOLLOWING COLLECTION AND DEPOSITED INTO A  SEPARATE  DESIGNATED  ACCOUNT
AND  SHALL  NOT  BE  COMMINGLED  WITH ANY OTHER MONIES IN CUSTODY OF THE
VILLAGE  TREASURER. ALL FINES AND PENALTIES COLLECTED IN SUCH DESIGNATED
ACCOUNT WILL BE ALLOCATED AS FOLLOWS: (I) FIFTEEN PERCENT  FOR  EXPENSES
INCURRED  IN CONNECTION TO THE PROGRAM; (II) FIFTEEN PERCENT FOR VILLAGE
REAL PROPERTY TAX RELIEF; AND (III) SEVENTY PERCENT  FOR  VILLAGE  YOUTH
AND  SENIOR  SERVICES.    THE  PARENT  AGENCY  SHALL BE DOMICILED IN THE
VILLAGE OF HEMPSTEAD WHERE ANY RECIPIENT OF SUCH SERVICES SHALL  PROVIDE
PROOF  OF  RESIDENCY.    A  VILLAGE  OF HEMPSTEAD RED LIGHT CAMERA STATE
LEGISLATIVE AUDIT REVIEW COMMITTEE IS HEREBY ESTABLISHED,  COMPRISED  OF
SEVEN  MEMBERS.  SUCH  PANEL  SHALL  BE  COMPRISED OF THE FOLLOWING: ONE
MEMBER APPOINTED BY THE TOWN COUNCIL MEMBER OF THE TOWN OF HEMPSTEAD WHO
REPRESENTS THE VILLAGE OF HEMPSTEAD; ONE MEMBER APPOINTED BY  THE  MAYOR
OF  THE  VILLAGE OF HEMPSTEAD; ONE MEMBER APPOINTED BY THE NASSAU COUNTY
LEGISLATOR WHO REPRESENTS THE LARGEST PORTION,  BY  POPULATION,  OF  THE
VILLAGE  OF  HEMPSTEAD;  TWO  MEMBERS  APPOINTED  BY THE SENATE; AND TWO
MEMBERS APPOINTED BY THE ASSEMBLY.  SUCH PANEL APPOINTEES  SHALL  REPRE-
SENT THE FOLLOWING: AN ADMINISTRATOR OF A LOCAL YOUTH OR SENIOR SERVICES
AGENCY;  A  PARENT  RESIDENT  WHOSE CHILD OR CHILDREN PARTICIPATE IN THE
SYSTEM AND USE AGENCY SERVICES; A SENIOR CITIZEN; A RECOGNIZED COMMUNITY
ACTIVIST; A MEMBER OF THE CLERGY; A MEMBER OF  THE  BUSINESS  COMMUNITY;
AND A REPRESENTATIVE FROM THE VILLAGE OF HEMPSTEAD POLICE DEPARTMENT. NO
ELECTED  OFFICIAL  SHALL  SERVE ON SUCH PANEL.  SUCH PANEL SHALL PREPARE
AND SUBMIT AN ANNUAL REPORT TO THE STATE COMPTROLLER ON WHO RECEIVED AND
THE AMOUNTS OF SUCH FUNDS.
  (N) IN ANY SUCH VILLAGE WHICH ADOPTS A DEMONSTRATION PROGRAM  PURSUANT
TO  SUBDIVISION (A) OF THIS SECTION, SUCH VILLAGE 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  THIRTEEN 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, FOR EACH YEAR AFTER INSTALLATION OF SUCH SYSTEM, 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;

A. 10588--A                         5

  8. THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH VILLAGE;
  9.  EXPENSES  INCURRED BY SUCH VILLAGE IN CONNECTION WITH THE PROGRAM;
AND
  10. QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
  (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  1111-E.  OWNER  LIABILITY  FOR  FAILURE  OF OPERATOR TO COMPLY WITH
TRAFFIC-CONTROL INDICATIONS.  (A) 1. NOTWITHSTANDING ANY OTHER PROVISION
OF LAW, THE VILLAGE OF FREEPORT  IN  THE  COUNTY  OF  NASSAU  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-CONTROL INDICATIONS IN  SUCH  VILLAGE  IN  ACCORDANCE  WITH  THE
PROVISIONS  OF  THIS  SECTION.  SUCH DEMONSTRATION PROGRAM SHALL EMPOWER
SUCH VILLAGE TO INSTALL AND OPERATE TRAFFIC-CONTROL SIGNAL PHOTO  VIOLA-
TION-MONITORING DEVICES AT NO MORE THAN FIFTEEN INTERSECTIONS WITHIN AND
UNDER THE JURISDICTION OF SUCH VILLAGE 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 VILLAGE HAS MADE A REASONABLE EFFORT TO COMPLY
WITH THE PROVISIONS OF THIS PARAGRAPH.
  (B) IN ANY SUCH VILLAGE 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
FREEPORT VILLAGE 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

A. 10588--A                         6

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
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 VILLAGE OF
FREEPORT OR BY ANY OTHER ENTITY AUTHORIZED BY SUCH  VILLAGE  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

A. 10588--A                         7

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
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 VILLAGE HAS ESTABLISHED A DEMONSTRATION PROGRAM PURSUANT TO
THIS SECTION, ALL FINES AND PENALTIES COLLECTED UNDER SUCH PROGRAM SHALL
BE MADE TO THE VILLAGE TREASURER WITHIN THE FIRST TEN DAYS OF THE  MONTH
FOLLOWING  COLLECTION  AND  DEPOSITED INTO A SEPARATE DESIGNATED ACCOUNT
AND SHALL NOT BE COMMINGLED WITH ANY OTHER  MONIES  IN  CUSTODY  OF  THE
VILLAGE  TREASURER. ALL FINES AND PENALTIES COLLECTED IN SUCH DESIGNATED
ACCOUNT WILL BE ALLOCATED AS FOLLOWS: (I) FIFTEEN PERCENT  FOR  EXPENSES
INCURRED  IN CONNECTION TO THE PROGRAM; (II) FIFTEEN PERCENT FOR VILLAGE
REAL PROPERTY TAX RELIEF; AND (III) SEVENTY PERCENT  FOR  VILLAGE  YOUTH
AND SENIOR SERVICES. THE PARENT AGENCY SHALL BE DOMICILED IN THE VILLAGE
OF  FREEPORT WHERE ANY RECIPIENT OF SUCH SERVICES SHALL PROVIDE PROOF OF
RESIDENCY.  A VILLAGE OF FREEPORT RED  LIGHT  CAMERA  STATE  LEGISLATIVE
AUDIT  REVIEW  COMMITTEE  IS  HEREBY  ESTABLISHED,  COMPRISED  OF  SEVEN
MEMBERS. SUCH PANEL SHALL BE COMPRISED  OF  THE  FOLLOWING:  ONE  MEMBER
APPOINTED BY THE TOWN COUNCIL MEMBER WHO REPRESENTS THE LARGEST PORTION,
BY  POPULATION,  OF  FREEPORT;  ONE MEMBER APPOINTED BY THE MAYOR OF THE
VILLAGE OF FREEPORT; ONE MEMBER APPOINTED BY THE NASSAU COUNTY  LEGISLA-
TOR  WHO  REPRESENTS THE LARGEST PORTION OF THE VILLAGE OF FREEPORT; TWO
MEMBERS APPOINTED BY THE SENATE; AND TWO MEMBERS APPOINTED BY THE ASSEM-
BLY.  SUCH PANEL APPOINTEES SHALL REPRESENT THE FOLLOWING:  AN  ADMINIS-
TRATOR  OF  A  LOCAL  YOUTH OR SENIOR SERVICES AGENCY; A PARENT RESIDENT
WHOSE CHILD OR  CHILDREN  PARTICIPATE  IN  THE  SYSTEM  AND  USE  AGENCY
SERVICES; A SENIOR CITIZEN; A RECOGNIZED COMMUNITY ACTIVIST; A MEMBER OF
THE  CLERGY;  A  MEMBER  OF THE BUSINESS COMMUNITY; AND A REPRESENTATIVE
FROM THE VILLAGE OF FREEPORT  POLICE  DEPARTMENT.  NO  ELECTED  OFFICIAL
SHALL SERVE ON SUCH PANEL.  SUCH PANEL SHALL PREPARE AND SUBMIT AN ANNU-
AL  REPORT  TO  THE STATE COMPTROLLER ON WHO RECEIVED AND THE AMOUNTS OF
SUCH FUNDS.

A. 10588--A                         8

  (N) IN ANY SUCH VILLAGE WHICH ADOPTS A DEMONSTRATION PROGRAM  PURSUANT
TO  SUBDIVISION (A) OF THIS SECTION, SUCH VILLAGE 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 THIRTEEN 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, FOR EACH YEAR AFTER INSTALLATION OF SUCH SYSTEM, 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 VILLAGE;
  9.  EXPENSES  INCURRED BY SUCH VILLAGE IN CONNECTION WITH THE PROGRAM;
AND
  10. QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
  (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  2.  This  act shall take effect on the thirtieth day after it shall
have become a law and shall expire December 1, 2017 when upon such  date
the provisions of this act shall be deemed repealed.

co-Sponsors

2011-A10588B (ACTIVE) - Details

Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §§1111-d & 1111-e, amd §§401 & 1809, V & T L; amd §88, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A1902
2015-2016: A5674

2011-A10588B (ACTIVE) - Summary

Relates to owner liability for failure of operator to comply with traffic control indications in the villages of Hempstead and Freeport.

2011-A10588B (ACTIVE) - Bill Text download pdf

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

                                10588--B

                          I N  A S S E M B L Y

                              June 7, 2012
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Hooper) --
  read once and referred to the Committee on Transportation -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee -- again reported from said  committee  with  amend-
  ments, ordered reprinted as amended and recommitted to said committee

AN ACT to amend the vehicle and traffic law and the public officers law,
  in  relation to owner liability for failure of operator to comply with
  traffic control indications; and providing for the repeal  of  certain
  provisions upon expiration thereof

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

  Section 1. Subparagraph (i) of  paragraph  a  of  subdivision  5-a  of
section  401  of the vehicle and traffic law, as amended by section 1 of
part SS of chapter 57 of the  laws  of  2010,  is  amended  to  read  as
follows:
  (i) If at the time of application for a registration or renewal there-
of  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 [of this chap-
ter  or],  section  eleven  hundred  eleven-b,  SECTION  ELEVEN  HUNDRED
ELEVEN-D OR ELEVEN HUNDRED ELEVEN-E of this chapter for a  violation  of
subdivision  (d)  of  section  eleven hundred eleven of this chapter; or

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

                                                           LBD15991-06-2

A. 10588--B                         2

(iii) the registrant  was  liable  in  accordance  with  section  eleven
hundred  eleven-c  of  this  chapter  for  a  violation  of  a  bus lane
restriction as defined in such section, 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  administra-
tive tribunal that he or she has complied with the rules and regulations
of  said tribunal following entry of a final decision. Where an applica-
tion 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 subdivi-
sion. 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  2. Paragraph a of subdivision 5-a of section 401 of the vehicle and
traffic law, as amended by section 8-a of part II of chapter 59  of  the
laws of 2010, 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;  or  (iii)  the  registrant  was
liable  in accordance with section eleven hundred eleven-c of this chap-
ter for a violation of  a  bus  lane  restriction  as  defined  in  such
section;  OR  (IV)  THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION
ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER FOR A VIOLATION  OF  SUBDIVISION
(D)  OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER; OR (V) THE REGIS-
TRANT WAS LIABLE IN ACCORDANCE WITH SECTION ELEVEN HUNDRED  ELEVEN-E  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  wherein  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  deci-
sion.  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

A. 10588--B                         3

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. Paragraph a of subdivision 5-a of section 401 of the vehicle and
traffic law, as amended by section 8-b of part II of chapter 59  of  the
laws of 2010, 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
three or more summonses or other  process,  issued  within  an  eighteen
month  period,  charging  that such motor vehicle was parked, stopped or
standing, or that such motor vehicle was operated for hire by the regis-
trant 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 the registrant was liable in accordance
with section eleven hundred eleven-c of this chapter for a violation  of
a bus lane restriction as defined in such section; OR THE REGISTRANT WAS
LIABLE  IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAP-
TER FOR A VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED  ELEVEN
OF THIS CHAPTER; OR THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION
ELEVEN  HUNDRED  ELEVEN-E 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  wherein  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 follow-
ing  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  commis-
sioner  has  determined  that such registrant's intent has been to evade
the purposes of this subdivision and where the commissioner has  reason-
able  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  4. 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  representative
failed  to appear on the return date or any subsequent adjourned date or

A. 10588--B                         4

failed to comply with the rules and  regulations  of  an  administrative
tribunal  following  entry  of  a final decision in response to three or
more summonses or other process, issued within an eighteen month period,
charging  that  such  motor  vehicle was parked, stopped or standing, or
that such motor vehicle was operated for hire by the registrant  or  his
agent  without  being licensed as a motor vehicle for hire by the appro-
priate 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 THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION ELEV-
EN HUNDRED ELEVEN-D OF THIS CHAPTER FOR A VIOLATION OF  SUBDIVISION  (D)
OF  SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER; OR THE REGISTRANT WAS
LIABLE IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-E OF THIS  CHAP-
TER  FOR A VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN
OF THIS CHAPTER, the commissioner or his agent shall deny the  registra-
tion  or renewal application until the applicant provides proof from the
court or administrative tribunal wherein the charges are pending that an
appearance or answer has been made or in the case of  an  administrative
tribunal  that  he  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
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 subdivi-
sion. 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 5. The vehicle and traffic law is amended by adding two new sections
1111-d and 1111-e to read as follows:
  S  1111-D.  OWNER  LIABILITY  FOR  FAILURE  OF OPERATOR TO COMPLY WITH
TRAFFIC-CONTROL INDICATIONS.  (A) 1. NOTWITHSTANDING ANY OTHER PROVISION
OF LAW, THE VILLAGE OF HEMPSTEAD IN  THE  COUNTY  OF  NASSAU  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-CONTROL INDICATIONS IN  SUCH  VILLAGE  IN  ACCORDANCE  WITH  THE
PROVISIONS  OF  THIS  SECTION.  SUCH DEMONSTRATION PROGRAM SHALL EMPOWER
SUCH VILLAGE TO INSTALL AND OPERATE TRAFFIC-CONTROL SIGNAL PHOTO  VIOLA-
TION-MONITORING DEVICES AT NO MORE THAN FIFTEEN INTERSECTIONS WITHIN AND
UNDER THE JURISDICTION OF SUCH VILLAGE 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 VILLAGE HAS MADE A REASONABLE EFFORT TO COMPLY
WITH THE PROVISIONS OF THIS PARAGRAPH.
  (B) IN ANY SUCH VILLAGE 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

A. 10588--B                         5

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
HEMPSTEAD  VILLAGE 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. 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
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

A. 10588--B                         6

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 VILLAGE OF
HEMPSTEAD OR BY ANY OTHER ENTITY AUTHORIZED BY SUCH VILLAGE  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
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 VILLAGE HAS ESTABLISHED A DEMONSTRATION PROGRAM PURSUANT TO
THIS SECTION, ALL FINES AND PENALTIES COLLECTED UNDER SUCH PROGRAM SHALL
BE MADE TO THE VILLAGE TREASURER WITHIN THE FIRST TEN DAYS OF THE  MONTH
FOLLOWING  COLLECTION  AND  DEPOSITED INTO A SEPARATE DESIGNATED ACCOUNT

A. 10588--B                         7

AND SHALL NOT BE COMMINGLED WITH ANY OTHER  MONIES  IN  CUSTODY  OF  THE
VILLAGE  TREASURER. ALL FINES AND PENALTIES COLLECTED IN SUCH DESIGNATED
ACCOUNT WILL BE ALLOCATED AS FOLLOWS: (I) FIFTEEN PERCENT  FOR  EXPENSES
INCURRED  IN CONNECTION TO THE PROGRAM; (II) FIFTEEN PERCENT FOR VILLAGE
REAL PROPERTY TAX RELIEF; AND (III) SEVENTY PERCENT  FOR  VILLAGE  YOUTH
AND  SENIOR  SERVICES.   SUCH MONIES SHALL BE IN ADDITION TO ANY FUNDING
PROVIDED BY THE COUNTY.  THE PARENT AGENCY OF THE PROVIDERS OF YOUTH AND
SENIOR SERVICES SHALL BE DOMICILED IN THE VILLAGE OF HEMPSTEAD WHERE ANY
RECIPIENT OF SUCH SERVICES SHALL PROVIDE PROOF OF RESIDENCY.  THE  STATE
COMPTROLLER MAY REVIEW AND PROVIDE WRITTEN COMMENTS ON THE DEMONSTRATION
PROGRAM PURSUANT TO SUBDIVISION (A) OF THIS SECTION.
  (N)  IN ANY SUCH VILLAGE WHICH ADOPTS A DEMONSTRATION PROGRAM PURSUANT
TO SUBDIVISION (A) OF THIS SECTION, SUCH VILLAGE 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 THIRTEEN 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, FOR EACH YEAR AFTER INSTALLATION OF SUCH SYSTEM, 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 VILLAGE;
  9.  EXPENSES  INCURRED BY SUCH VILLAGE IN CONNECTION WITH THE PROGRAM;
AND
  10. QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
  (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  1111-E.  OWNER  LIABILITY  FOR  FAILURE  OF OPERATOR TO COMPLY WITH
TRAFFIC-CONTROL INDICATIONS.  (A) 1. NOTWITHSTANDING ANY OTHER PROVISION
OF LAW, THE VILLAGE OF FREEPORT  IN  THE  COUNTY  OF  NASSAU  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

A. 10588--B                         8

TRAFFIC-CONTROL INDICATIONS IN  SUCH  VILLAGE  IN  ACCORDANCE  WITH  THE
PROVISIONS  OF  THIS  SECTION.  SUCH DEMONSTRATION PROGRAM SHALL EMPOWER
SUCH VILLAGE TO INSTALL AND OPERATE TRAFFIC-CONTROL SIGNAL PHOTO  VIOLA-
TION-MONITORING DEVICES AT NO MORE THAN FIFTEEN INTERSECTIONS WITHIN AND
UNDER THE JURISDICTION OF SUCH VILLAGE 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 VILLAGE HAS MADE A REASONABLE EFFORT TO COMPLY
WITH THE PROVISIONS OF THIS PARAGRAPH.
  (B) IN ANY SUCH VILLAGE 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
FREEPORT VILLAGE 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
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

A. 10588--B                         9

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 VILLAGE OF
FREEPORT OR BY ANY OTHER ENTITY AUTHORIZED BY SUCH  VILLAGE  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
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

A. 10588--B                        10

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 VILLAGE HAS ESTABLISHED A DEMONSTRATION PROGRAM PURSUANT TO
THIS SECTION, ALL FINES AND PENALTIES COLLECTED UNDER SUCH PROGRAM SHALL
BE MADE TO THE VILLAGE TREASURER WITHIN THE FIRST TEN DAYS OF THE  MONTH
FOLLOWING  COLLECTION  AND  DEPOSITED INTO A SEPARATE DESIGNATED ACCOUNT
AND SHALL NOT BE COMMINGLED WITH ANY OTHER  MONIES  IN  CUSTODY  OF  THE
VILLAGE  TREASURER. ALL FINES AND PENALTIES COLLECTED IN SUCH DESIGNATED
ACCOUNT WILL BE ALLOCATED AS FOLLOWS: (I) FIFTEEN PERCENT  FOR  EXPENSES
INCURRED  IN CONNECTION TO THE PROGRAM; (II) FIFTEEN PERCENT FOR VILLAGE
REAL PROPERTY TAX RELIEF; AND (III) SEVENTY PERCENT  FOR  VILLAGE  YOUTH
AND  SENIOR  SERVICES.   SUCH MONIES SHALL BE IN ADDITION TO ANY FUNDING
PROVIDED BY THE COUNTY.  THE PARENT AGENCY OF THE PROVIDERS OF YOUTH AND
SENIOR SERVICES SHALL BE DOMICILED IN THE VILLAGE OF FREEPORT WHERE  ANY
RECIPIENT  OF SUCH SERVICES SHALL PROVIDE PROOF OF RESIDENCY.  THE STATE
COMPTROLLER MAY REVIEW AND PROVIDE WRITTEN COMMENTS ON THE DEMONSTRATION
PROGRAM PURSUANT TO SUBDIVISION (A) OF THIS SECTION.
  (N) IN ANY SUCH VILLAGE WHICH ADOPTS A DEMONSTRATION PROGRAM  PURSUANT
TO  SUBDIVISION (A) OF THIS SECTION, SUCH VILLAGE 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  THIRTEEN 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, FOR EACH YEAR AFTER INSTALLATION OF SUCH SYSTEM, 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;

A. 10588--B                        11

  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 VILLAGE;
  9.  EXPENSES  INCURRED BY SUCH VILLAGE IN CONNECTION WITH THE PROGRAM;
AND
  10. QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
  (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  6.  The  opening  paragraph  and  paragraph (c) of subdivision 1 of
section 1809 of the vehicle and traffic law, as amended by section 10 of
part II of chapter 59 of the laws  of  2010,  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, or other than an adjudication in accordance
with section eleven hundred eleven-c of this chapter for a violation  of
a  bus  lane  restriction  as  defined in such section, 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-D OF THIS CHAPTER; OR OTHER THAN AN ADJU-
DICATION 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-E OF THIS CHAPTER, there shall be levied a crime
victim assistance 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 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-D OF THIS CHAPTER;  OR  OTHER  THAN  AN  ADJUDICATION  OF
LIABILITY  OF  AN  OWNER  FOR  A VIOLATION OF SUBDIVISION (D) OF SECTION

A. 10588--B                        12

ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION  ELEVEN
HUNDRED  ELEVEN-E  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 or other than
an  adjudication  in  accordance with section eleven hundred eleven-c of
this chapter for a violation of a bus lane  restriction  as  defined  in
such section, 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  7. Subdivision 1 of section 1809 of the vehicle and traffic law, as
amended by section 10-a of part II of chapter 59 of the laws of 2010, is
amended to read as follows:
  1. 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  regulation  adopted  pursuant  to this chapter, other than a traffic
infraction involving standing, stopping, parking or motor vehicle equip-
ment or violations by pedestrians or bicyclists, or other than an  adju-
dication  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 adjudication in
accordance with section eleven hundred eleven-c of this  chapter  for  a
violation of a bus lane restriction as defined in such section, OR OTHER
THAN  AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDI-
VISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER  IN  ACCORD-
ANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D 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-E 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 8. Subdivision 1 of section 1809 of the vehicle and traffic law,  as
amended by section 10-b of part II of chapter 59 of the laws of 2010, is
amended to read as follows:
  1.  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 other than a traffic infraction
involving standing, stopping, parking  or  motor  vehicle  equipment  or
violations  by  pedestrians or bicyclists, or other than an adjudication
in accordance with section eleven hundred eleven-c of this chapter for a
violation of a bus lane restriction as defined in such section, OR OTHER
THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF  SUBDI-
VISION  (D)  OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN ACCORD-
ANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D 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-E OF THIS CHAPTER, there shall be levied a
mandatory surcharge, in addition to any sentence required  or  permitted
by law, in the amount of seventeen dollars.

A. 10588--B                        13

  S  9. Subdivision 1 of section 1809 of the vehicle and traffic law, as
separately amended by chapter 16 of the laws of 1983 and chapter  62  of
the laws of 1989, is amended to read as follows:
  1.  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 other than a traffic infraction
involving standing, stopping, parking  or  motor  vehicle  equipment  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-D OF THIS CHAPTER; AND EXCEPT AN ADJUDICATION OF  LIABIL-
ITY  OF  AN  OWNER  FOR A VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN
HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
ELEVEN-E OF THIS CHAPTER, there shall be levied a  mandatory  surcharge,
in  addition to any sentence required or permitted by law, in the amount
of seventeen dollars.
  S 10. Subdivision 2 of section  88  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-D  AND
ELEVEN HUNDRED ELEVEN-E OF THE VEHICLE AND TRAFFIC LAW.
  S  11.  The purchase or lease of equipment for a demonstration program
established pursuant to sections 1111-d and 1111-e of  the  vehicle  and
traffic  law  shall  be  subject to the provisions of section 103 of the
general municipal law.
  S 12. This act shall take effect on the thirtieth day after  it  shall
have  become a law and shall expire December 1, 2017 when upon such date
the provisions of such sections shall be deemed repealed; provided that:
  (a) the amendments to subparagraph (i) of paragraph a  of  subdivision
5-a of section 401 of the vehicle and traffic law made by section one of
this  act shall not affect the expiration of such paragraph and shall be
deemed to expire therewith,  when  upon  such  date  the  provisions  of
section two of this act shall take effect;
  (b) the amendments to paragraph a of subdivision 5-a of section 401 of
the  vehicle  and  traffic law made by section two of this act shall not
affect the expiration of such paragraph and shall be  deemed  to  expire
therewith,  when  upon such date the provisions of section three of this
act shall take effect;
  (c) the amendments to paragraph a of subdivision 5-a of section 401 of
the vehicle and traffic law made by section three of this act shall  not
affect  the  expiration  of such paragraph and shall be deemed to expire
therewith, when upon such date the provisions of section  four  of  this
act shall take effect;
  (d) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section six of this act shall not affect the expira-
tion  of  such subdivision and shall be deemed to expire therewith, when
upon such date the provisions of section seven of this  act  shall  take
effect;
  (e) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section seven of this act shall not affect the expi-
ration of such subdivision and shall be deemed to expire therewith, when
upon  such  date  the provisions of section eight of this act shall take
effect;
  (f) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section eight of this act shall not affect the expi-
ration of such subdivision and shall be deemed to expire therewith, when

A. 10588--B                        14

upon such date the provisions of section nine of  this  act  shall  take
effect;
  (g)  the  amendments  to  subdivision  2 of section 371 of the general
municipal law, made by section ten of this  act  shall  not  affect  the
expiration  of such section and shall be deemed to 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,
2017.

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Assembly Bill A10588B

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Sponsored By

Archive: Last Bill Status - In Assembly Committee

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Earlene Hooper

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