Relates to owner liability for failure of operator to comply with traffic control indications
download bill text pdf| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jan 04, 2012 |
referred to transportation |
S T A T E O F N E W Y O R K
________________________________________________________________________
8881
I N A S S E M B L Y
(PREFILED)
January 4, 2012
___________
Introduced by M. of A. CASTELLI -- read once and referred to the Commit-
tee on Transportation
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 such
provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph a of subdivision 5-a of section 401 of the vehi-
cle and traffic law, as separately amended by chapters 19, 20, 21, 22,
23 and 383 of the laws of 2009 and subparagraph (i) as amended by
section 1 of part SS of chapter 57 of the laws of 2010, is amended to
read as follows:
a. (i) If at the time of application for a registration or renewal
thereof there is a certification from a court, parking violations
bureau, traffic and parking violations agency or administrative tribunal
of appropriate jurisdiction or administrative tribunal of appropriate
jurisdiction that the registrant or his or her representative failed to
appear on the return date or any subsequent adjourned date or failed to
comply with the rules and regulations of an administrative tribunal
following entry of a final decision in response to a total of three or
more summonses or other process in the aggregate, issued within an eigh-
teen month period, charging either that: (i) such motor vehicle was
parked, stopped or standing, or that such motor vehicle was operated for
hire by the registrant or his or her agent without being licensed as a
motor vehicle for hire by the appropriate local authority, in violation
of any of the provisions of this chapter or of any law, ordinance, rule
or regulation made by a local authority; or (ii) the registrant was
liable in accordance with section eleven hundred eleven-a [of this chap-
ter or section], eleven hundred eleven-b OR ELEVEN HUNDRED ELEVEN-D 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 chapter for a
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13707-01-2
A. 8881 2
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 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
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.
(ii) For purposes of this paragraph, the term "motor vehicle operated
for hire" shall mean and include a taxicab, livery, coach, limousine or
tow truck.
S 2. Paragraph a of subdivision 5-a of section 401 of the vehicle and
traffic law, as 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 OR ELEVEN HUNDRED ELEVEN-D 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 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 or administrative tribunal wher-
ein the charges are pending that an appearance or answer has been made
or in the case of an administrative tribunal that he or she has complied
with the rules and regulations of said tribunal following entry of a
final decision. Where an application is denied pursuant to this section,
the commissioner may, in his or her discretion, deny a registration or
renewal application to any other person for the same vehicle and may
deny a registration or renewal application for any other motor vehicle
registered in the name of the applicant where the commissioner has
determined that such registrant's intent has been to evade the purposes
of this subdivision and where the commissioner has reasonable grounds to
A. 8881 3
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: (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 ACCORD-
ANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D 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 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 or administrative tribunal wher-
ein the charges are pending that an appearance or answer has been made
or in the case of an administrative tribunal that he or she has complied
with the rules and regulations of said tribunal following entry of a
final decision. Where an application is denied pursuant to this section,
the commissioner may, in his or her discretion, deny a registration or
renewal application to any other person for the same vehicle and may
deny a registration or renewal application for any other motor vehicle
registered in the name of the applicant where the commissioner has
determined that such registrant's intent has been to evade the purposes
of this subdivision and where the commissioner has reasonable grounds to
believe that such registration or renewal will have the effect of
defeating the purposes of this subdivision. Such denial shall only
remain in effect as long as the summonses remain unanswered, or in the
case of an administrative tribunal, the registrant fails to comply with
the rules and regulations following entry of a final decision.
S 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
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: (I) 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
A. 8881 4
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-D OF THIS CHAPTER FOR A VIOLATION OF
SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER, the
commissioner or his agent shall deny the registration or renewal appli-
cation until the applicant provides proof from the court or administra-
tive 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 follow-
ing entry of a final decision. Where an application is denied pursuant
to this section, the commissioner may, in his discretion, deny a regis-
tration or renewal application to any other person for the same vehicle
and may deny a registration or renewal application for any other motor
vehicle registered in the name of the applicant where the commissioner
has determined that such registrant's intent has been to evade the
purposes of this subdivision and where the commissioner has reasonable
grounds to believe that such registration or renewal will have the
effect of defeating the purposes of this subdivision. Such denial shall
only remain in effect as long as the summonses remain unanswered, or in
the case of an administrative tribunal, the registrant fails to comply
with the rules and regulations following entry of a final decision.
S 5. The vehicle and traffic law is amended by adding a new section
1111-d 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 TOWN OF BEDFORD IN THE COUNTY OF WESTCHESTER 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 TOWN IN ACCORDANCE WITH THE
PROVISIONS OF THIS SECTION. SUCH DEMONSTRATION PROGRAM SHALL EMPOWER
SUCH TOWN TO INSTALL AND OPERATE TRAFFIC-CONTROL SIGNAL PHOTO VIOLA-
TION-MONITORING DEVICES AT NO MORE THAN TWENTY-FIVE INTERSECTIONS WITHIN
SUCH TOWN 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 TOWN HAS MADE A REASONABLE EFFORT TO COMPLY WITH
THE PROVISIONS OF THIS PARAGRAPH.
(B) IN ANY SUCH TOWN WHICH HAS ADOPTED A LOCAL LAW OR ORDINANCE PURSU-
ANT 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 ELEV-
EN 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.
A. 8881 5
(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
THE TOWN OF BEDFORD IN WHICH THE CHARGED VIOLATION OCCURRED, OR A
FACSIMILE THEREOF, BASED UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTO-
GRAPHS, 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, VIDE-
OTAPE 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 MAY CONTEST THE
LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO
CONTAIN A WARNING TO ADVISE THE PERSONS CHARGED THAT FAILURE TO CONTEST
IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF LIABIL-
ITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE TOWN OF
BEDFORD OR BY ANY OTHER ENTITY AUTHORIZED BY SUCH TOWN TO PREPARE AND
MAIL SUCH NOTIFICATION OF VIOLATION.
A. 8881 6
(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 TOWN HAS ESTABLISHED A DEMONSTRATION PROGRAM PURSUANT TO
THIS SECTION, ALL FINES AND PENALTIES COLLECTED UNDER SUCH PROGRAM SHALL
BE MADE TO THE TREASURER OF SUCH TOWN WITHIN THE FIRST TEN DAYS OF THE
MONTH FOLLOWING COLLECTION.
(N) IN ANY SUCH TOWN WHICH ADOPTS A DEMONSTRATION PROGRAM PURSUANT TO
SUBDIVISION (A) OF THIS SECTION, SUCH TOWN 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 TWELVE AND ON THE SAME DATE IN EACH SUCCEEDING YEAR IN WHICH
A. 8881 7
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 TOWN;
9. EXPENSES INCURRED BY SUCH TOWN 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, ELEVEN HUNDRED ELEVEN-B OR 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-b of this chap-
ter], 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 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
A. 8881 8
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, ELEVEN HUNDRED ELEVEN-B OR 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-b of this
chapter], or other than an infraction pursuant to article nine of this
chapter or other than an adjudication of liability of an owner for a
violation of toll collection regulations pursuant to section two thou-
sand nine hundred eighty-five of the public authorities law or sections
sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
of the laws of nineteen hundred fifty 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, ELEVEN HUNDRED ELEVEN-B OR 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-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, 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
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 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 mandatory surcharge, in addition to any sentence
required or permitted by law, in the amount of seventeen dollars.
A. 8881 9
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, 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, 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. Paragraph a of subdivision 1 of section 1809-e of the vehicle
and traffic law, as amended by section 11 of part II of chapter 59 of
the laws of 2010, is amended to read as follows:
a. Notwithstanding any other provision of law, whenever proceedings in
a court or an administrative tribunal of this state result in a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic infraction under this chapter, or a local law, ordinance, rule or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists, and except an adjudication of liability of an owner for a
violation of subdivision (d) of section eleven hundred eleven of this
chapter in accordance with section eleven hundred eleven-a, ELEVEN
HUNDRED ELEVEN-B OR ELEVEN HUNDRED ELEVEN-D of this chapter[, and except
an adjudication of liability of an owner for a violation of subdivision
(d) of section eleven hundred eleven of this chapter in accordance with
section eleven hundred eleven-b of this chapter], and except an adjudi-
cation in accordance with section eleven hundred eleven-c of this chap-
ter of a violation of a bus lane restriction as defined in such section,
and except an adjudication of liability of an owner for a violation of
toll collection regulations pursuant to section two thousand nine
hundred eighty-five of the public authorities law or sections sixteen-a,
sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
laws of nineteen hundred fifty, there shall be levied in addition to any
sentence, penalty or other surcharge required or permitted by law, an
additional surcharge of twenty dollars.
S 11. Paragraph a of subdivision 1 of section 1809-e of the vehicle
and traffic law, as amended by section 11-a of part II of chapter 59 of
the laws of 2010, is amended to read as follows:
a. Notwithstanding any other provision of law, whenever proceedings in
a court or an administrative tribunal of this state result in a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic infraction under this chapter, or a local law, ordinance, rule or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists, and except an adjudication of liability of an owner for a
violation of subdivision (d) of section eleven hundred eleven of this
chapter in accordance with section eleven hundred eleven-a OR ELEVEN
HUNDRED ELEVEN-D of this chapter, and except an adjudication in accord-
ance with section eleven hundred eleven-c of this chapter of a violation
of a bus lane restriction as defined in such section, and except an
adjudication of liability of an owner for a violation of toll collection
A. 8881 10
regulations pursuant to section two thousand nine hundred eighty-five of
the public authorities law or sections sixteen-a, sixteen-b and
sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
hundred fifty, there shall be levied in addition to any sentence, penal-
ty or other surcharge required or permitted by law, an additional
surcharge of twenty dollars.
S 12. Paragraph a of subdivision 1 of section 1809-e of the vehicle
and traffic law, as amended by section 1 of part EE of chapter 56 of the
laws of 2008, is amended to read as follows:
a. Notwithstanding any other provision of law, whenever proceedings in
a court or an administrative tribunal of this state result in a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic infraction under this chapter, or a local law, ordinance, rule or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists, and except an adjudication of liability of an owner for a
violation of subdivision (d) of section eleven hundred eleven of this
chapter in accordance with section eleven hundred eleven-a OR ELEVEN
HUNDRED ELEVEN-D of this chapter, and except an adjudication of liabil-
ity of an owner for a violation of toll collection regulations pursuant
to section two thousand nine hundred eighty-five of the public authori-
ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
hundred seventy-four of the laws of nineteen hundred fifty, there shall
be levied in addition to any sentence, penalty or other surcharge
required or permitted by law, an additional surcharge of twenty dollars.
S 13. Subdivision 2 of section 87 of the public officers law is
amended by adding a new paragraph (m) to read as follows:
(M) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED
IMAGES PREPARED UNDER AUTHORITY OF SECTION ELEVEN HUNDRED ELEVEN-D OF
THE VEHICLE AND TRAFFIC LAW.
S 14. The purchase or lease of equipment for a demonstration program
established pursuant to section 1111-b of the vehicle and traffic law
shall be subject to the provisions of section 103 of the general munici-
pal law.
S 15. The act shall take effect on the thirtieth day after it shall
have become a law and shall expire December 1, 2016 when upon such date
the provisions of this act shall be deemed repealed; provided that:
(a) the amendments to paragraph a of subdivision 5-a of section 401 of
the vehicle and traffic law made by section one of this act shall be
subject to the expiration and reversion of such paragraph pursuant to
section 17 of chapter 746 of the laws of 1988, as amended, when upon
such date the provisions of section two of this act shall take effect;
(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 be
subject to the expiration and reversion of such paragraph pursuant to
sections 1 of chapters 19 and 23 of the laws of 2009 and sections 17 of
chapters 20, 21, 22 and 383 of the laws of 2009, as amended, 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 be
subject to the expiration and reversion of such paragraph pursuant to
section 14 of part II of chapter 59 of the laws of 2010, as amended,
when upon such date the provisions of section four of this act shall
take effect;
A. 8881 11
(d) the amendments to the opening paragraph and paragraph (c) of
subdivision 1 of section 1809 of the vehicle and traffic law made by
section six of this act shall be subject to the expiration and reversion
of such paragraphs pursuant to section 10 of chapter 19 of the laws of
2009, sections 24 of chapters 20 and 383 of the laws of 2009, sections
22 of chapters 21 and 22 of the laws of 2009 and section 9 of chapter 23
of the laws of 2009, as amended, 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 be subject to the
expiration and reversion of such subdivision pursuant to section 17 of
chapter 746 of the laws of 1988, section 10 of chapter 19 of the laws of
2009, sections 24 of chapters 20 and 383 of the laws of 2009, sections
22 of chapters 21 and 22 of the laws of 2009, section 9 of chapter 23 of
the laws of 2009, as amended, 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 be subject to the
expiration and reversion of such subdivision pursuant to section 17 of
chapter 746 of the laws of 1988, as amended, when upon such date the
provisions of section nine of this act shall take effect;
(g) the amendments to paragraph a of subdivision 1 of section 1809-e
of the vehicle and traffic law made by section ten of this act shall be
subject to the expiration and reversion of such paragraph when upon such
date the provisions of section eleven of this act shall take effect;
(h) the amendments to paragraph a of subdivision 1 of section 1809-e
of the vehicle and traffic law made by section eleven of this act shall
be subject to the expiration and reversion of such paragraph pursuant to
section 14 of part II of chapter 59 of the laws of 2010, as amended,
when upon such date the provisions of section twelve of this act shall
take effect; and
(i) any such local laws as may be enacted pursuant to this act shall
remain in full force and effect only until December 1, 2016.
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