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

                                   875

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to truck weight
  photo-monitoring systems in cities with a population of one million or
  more

  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 a new
section 1642-a to read as follows:
  S 1642-A. OWNER LIABILITY FOR  FAILURE  OF  OPERATOR  TO  COMPLY  WITH
NO-THRU  TRUCK  INDICATIONS.  (A) NOTWITHSTANDING ANY OTHER PROVISION OF
LAW, EACH CITY WITH A POPULATION  OF  ONE  MILLION  OR  MORE  IS  HEREBY
AUTHORIZED  AND  EMPOWERED  TO  ADOPT AND AMEND A LOCAL LAW OR ORDINANCE
ESTABLISHING A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON  THE
OWNER  OF  A  VEHICLE  FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH
NO-THRU TRUCK INDICATIONS IN SUCH CITY IN ACCORDANCE WITH THE PROVISIONS
OF THIS SECTION. SUCH DEMONSTRATION PROGRAM  SHALL  EMPOWER  A  CITY  TO
INSTALL  AND  OPERATE  TRUCK  WEIGHT PHOTO-MONITORING DEVICES AT NO MORE
THAN FIFTY INTERSECTIONS WITHIN SUCH CITY AT ANY ONE TIME.
  (B) IN ANY CITY 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  DRIVING  THROUGH  A  PROHIBITED  NO-TRUCK ZONE DESIGNATED
PURSUANT TO SUBDIVISION (F) OF SECTION EIGHTEEN HUNDRED OF THIS CHAPTER,
AND SUCH VIOLATION IS EVIDENCED BY INFORMATION  OBTAINED  FROM  A  TRUCK
WEIGHT  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03121-01-1
              

S. 875                              2

VIOLATION OF SUBDIVISION (F) OF SECTION EIGHTEEN HUNDRED OF  THIS  CHAP-
TER.
  (C)  FOR  PURPOSES  OF  THIS  SECTION,  "OWNER" SHALL HAVE THE MEANING
PROVIDED IN ARTICLE TWO-B OF THIS CHAPTER. FOR PURPOSES OF THIS SECTION,
"TRUCK WEIGHT VIOLATION-MONITORING SYSTEM" SHALL MEAN A  VEHICLE  SENSOR
INSTALLED  TO  WORK  IN  CONJUNCTION WITH A VEHICLE SCALE WHICH AUTOMAT-
ICALLY 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 (F) OF SECTION EIGHTEEN
HUNDRED OF THIS CHAPTER.
  (D) A CERTIFICATE, SWORN TO OR AFFIRMED BY A  TECHNICIAN  EMPLOYED  BY
THE  CITY IN WHICH THE CHARGED VIOLATION OCCURRED, OR A FACSIMILE THERE-
OF, BASED UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR
OTHER RECORDED IMAGES PRODUCED BY A  TRUCK  WEIGHT  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 (F) OF SECTION
EIGHTEEN HUNDRED OF THIS CHAPTER PURSUANT TO A LOCAL  LAW  OR  ORDINANCE
ADOPTED  PURSUANT TO THIS SECTION SHALL BE LIABLE FOR MONETARY PENALTIES
IN ACCORDANCE WITH A SCHEDULE OF FINES AND PENALTIES TO BE SET FORTH  IN
SUCH  LOCAL LAW OR ORDINANCE, EXCEPT THAT IN A CITY WHICH, BY LOCAL LAW,
HAS AUTHORIZED THE ADJUDICATION OF SUCH OWNER  LIABILITY  BY  A  PARKING
VIOLATIONS  BUREAU,  SUCH  SCHEDULE SHALL BE PROMULGATED BY SUCH BUREAU.
THE LIABILITY OF THE OWNER PURSUANT TO THIS  SECTION  SHALL  NOT  EXCEED
FIFTY DOLLARS FOR EACH VIOLATION; PROVIDED, HOWEVER, THAT SUCH LOCAL LAW
OR  ORDINANCE  MAY  PROVIDE  FOR  AN ADDITIONAL PENALTY NOT IN EXCESS OF
TWENTY-FIVE DOLLARS FOR EACH VIOLATION FOR THE FAILURE TO RESPOND  TO  A
NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME PERIOD.
  (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
(F)  OF  SECTION  EIGHTEEN  HUNDRED  OF  THIS  CHAPTER  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
(F) OF SECTION  EIGHTEEN  HUNDRED  OF  THIS  CHAPTER  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.

S. 875                              3

  4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED  BY  THE  CITY
HAVING  JURISDICTION OVER THE INTERSECTION WHERE THE VIOLATION OCCURRED,
OR BY ANY OTHER ENTITY AUTHORIZED BY THE CITY TO PREPARE AND  MAIL  SUCH
NOTIFICATION OF VIOLATION.
  (H)  ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION
SHALL BE BY A TRAFFIC VIOLATIONS BUREAU ESTABLISHED PURSUANT TO  SECTION
THREE HUNDRED SEVENTY OF THE GENERAL MUNICIPAL LAW OR, IF THERE BE NONE,
BY  THE  COURT HAVING JURISDICTION OVER TRAFFIC INFRACTIONS, EXCEPT THAT
ANY CITY WHICH HAS ESTABLISHED AN ADMINISTRATIVE TRIBUNAL  TO  HEAR  AND
DETERMINE COMPLAINTS OF TRAFFIC INFRACTIONS CONSTITUTING PARKING, STAND-
ING  OR  STOPPING  VIOLATIONS  MAY, BY LOCAL LAW, AUTHORIZE SUCH ADJUDI-
CATION BY SUCH TRIBUNAL.
  (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 (F) OF SECTION
EIGHTEEN HUNDRED OF THIS CHAPTER PURSUANT TO THIS SECTION THAT THE VEHI-
CLE HAD BEEN REPORTED TO THE POLICE AS STOLEN  PRIOR  TO  THE  TIME  THE
VIOLATION  OCCURRED AND HAD NOT BEEN RECOVERED BY SUCH TIME; OR THAT THE
VEHICLE WAS MAKING A LEGITIMATE DELIVERY WITHIN THE AREA.  FOR  PURPOSES
OF  ASSERTING  THE  DEFENSES  PROVIDED  BY  THIS SUBDIVISION IT SHALL BE
SUFFICIENT THAT A CERTIFIED COPY OF THE  POLICE  REPORT  ON  THE  STOLEN
VEHICLE  OR A COPY OF AN INVOICE OR SOME OTHER PROOF OF DELIVERY BE SENT
BY FIRST CLASS MAIL TO  THE  TRAFFIC  VIOLATIONS  BUREAU,  COURT  HAVING
JURISDICTION OR PARKING VIOLATIONS BUREAU.
  (J)  1.  IN  A  CITY  WHERE THE ADJUDICATION OF LIABILITY IMPOSED UPON
OWNERS PURSUANT TO THIS SECTION IS BY A TRAFFIC VIOLATIONS BUREAU  OR  A
COURT  HAVING  JURISDICTION,  AN  OWNER  WHO IS A LESSOR OF A VEHICLE TO
WHICH A NOTICE OF LIABILITY WAS ISSUED PURSUANT TO  SUBDIVISION  (G)  OF
THIS SECTION SHALL NOT BE LIABLE FOR THE VIOLATION OF SUBDIVISION (F) OF
SECTION  EIGHTEEN HUNDRED OF THIS CHAPTER, PROVIDED THAT HE OR SHE SENDS
TO THE TRAFFIC VIOLATIONS BUREAU OR COURT HAVING JURISDICTION A COPY  OF
THE  RENTAL, LEASE OR OTHER SUCH CONTRACT DOCUMENT COVERING SUCH VEHICLE
ON THE DATE OF THE VIOLATION, WITH THE NAME AND ADDRESS  OF  THE  LESSEE
CLEARLY  LEGIBLE,  WITHIN  THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM
THE BUREAU OR COURT OF THE DATE AND TIME  OF  SUCH  VIOLATION,  TOGETHER
WITH  THE  OTHER INFORMATION CONTAINED IN THE ORIGINAL NOTICE OF LIABIL-
ITY. FAILURE TO SEND SUCH INFORMATION WITHIN SUCH THIRTY-SEVEN DAY  TIME
PERIOD  SHALL RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED BY THIS
SECTION. WHERE THE LESSOR COMPLIES WITH THE  PROVISIONS  OF  THIS  PARA-
GRAPH, 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  (F)  OF
SECTION  EIGHTEEN  HUNDRED  OF THIS CHAPTER PURSUANT TO THIS SECTION AND
SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (G) OF  THIS
SECTION.
  2.  (I) IN A CITY WHICH, BY LOCAL LAW, HAS AUTHORIZED THE ADJUDICATION
OF LIABILITY IMPOSED UPON OWNERS BY THIS SECTION BY A PARKING VIOLATIONS
BUREAU, AN OWNER WHO IS A LESSOR OF A  VEHICLE  TO  WHICH  A  NOTICE  OF
LIABILITY  WAS  ISSUED PURSUANT TO SUBDIVISION (G) OF THIS SECTION SHALL
NOT BE LIABLE FOR THE VIOLATION OF SUBDIVISION (F) OF  SECTION  EIGHTEEN
HUNDRED OF THIS CHAPTER, PROVIDED THAT:
  (A)  PRIOR  TO  THE VIOLATION, THE LESSOR HAS FILED WITH THE BUREAU IN
ACCORDANCE WITH THE PROVISIONS OF SECTION  TWO  HUNDRED  THIRTY-NINE  OF
THIS CHAPTER; AND

S. 875                              4

  (B) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE BUREAU OF
THE  DATE  AND  TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFORMATION
CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY, THE LESSOR SUBMITS TO THE
BUREAU THE CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE IDENTI-
FIED  IN THE NOTICE OF LIABILITY AT THE TIME OF SUCH VIOLATION, TOGETHER
WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL, LEASE OR
OTHER CONTRACT DOCUMENT, AS MAY BE REASONABLY  REQUIRED  BY  THE  BUREAU
PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE.
  (II)  FAILURE  TO  COMPLY  WITH CLAUSE (B) OF SUBPARAGRAPH (I) OF THIS
PARAGRAPH SHALL RENDER THE OWNER LIABLE FOR THE  PENALTY  PRESCRIBED  IN
THIS SECTION.
  (III) WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF THIS PARAGRAPH,
THE LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH VIOLATION SHALL BE DEEMED
TO  BE  THE OWNER OF SUCH VEHICLE FOR PURPOSES OF THIS SECTION, SHALL BE
SUBJECT TO LIABILITY FOR SUCH VIOLATION PURSUANT  TO  THIS  SECTION  AND
SHALL  BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (G) OF THIS
SECTION.
  (K) IF THE OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (F) OF  SECTION
EIGHTEEN  HUNDRED  OF  THIS CHAPTER 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.
  (L)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
OF AN OPERATOR OF A VEHICLE FOR ANY  VIOLATION  OF  SUBDIVISION  (F)  OF
SECTION EIGHTEEN HUNDRED OF THIS CHAPTER.
  (M)  IN  ANY  CITY  WHICH  ADOPTS  A DEMONSTRATION PROGRAM PURSUANT TO
SUBDIVISION (A) OF THIS SECTION, SUCH CITY SHALL SUBMIT A REPORT ON  THE
RESULTS  OF  THE  USE  OF  A TRUCK WEIGHT PHOTO-MONITORING SYSTEM TO THE
GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER  OF  THE
ASSEMBLY  BY  MARCH  FIRST,  TWO  THOUSAND  SIXTEEN.   SUCH REPORT SHALL
INCLUDE, BUT NOT BE LIMITED TO:
  1. A DESCRIPTION OF THE LOCATIONS WHERE TRUCK WEIGHT  PHOTO-MONITORING
SYSTEMS WERE USED;
  2.  THE  NUMBER OF VIOLATIONS RECORDED AT EACH INTERSECTION AND IN THE
AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS;
  3. THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED;
  4. THE NUMBER OF FINES AND TOTAL AMOUNT  OF  FINES  PAID  AFTER  FIRST
NOTICE OF LIABILITY;
  5.  THE  NUMBER  OF VIOLATIONS ADJUDICATED AND RESULTS OF SUCH ADJUDI-
CATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE;
  6. THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH CITY; AND
  7. QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately the  addition,  amend-
ment,  and/or  repeal of any rule or regulation necessary for the timely
implementation of this act on its effective date is hereby authorized to
be made on or before such effective date.