senate Bill S240A

2013-2014 Legislative Session

Authorizes certain cities to implement a pilot truck weight photo-monitoring system at certain intersections throughout the city

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

do you support this bill?

Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 28, 2014 print number 240a
amend and recommit to transportation
Jan 08, 2014 referred to transportation
Jan 09, 2013 referred to transportation

Bill Amendments

Original
A (Active)
Original
A (Active)

S240 - Bill Details

See Assembly Version of this Bill:
A3489A
Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add §1642-b, V & T L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S875, A1314
2009-2010: S4220, A5174

S240 - Bill Texts

view summary

Authorizes certain cities to implement a pilot truck weight photo-monitoring system at certain intersections throughout the city; requires owners of trucks to be monetarily liable when an operator of their truck drives the truck on a public highway in violation of a posted "No Truck" zone; establishes certain affirmative defenses.

view sponsor memo
BILL NUMBER:S240

TITLE OF BILL:

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

PURPOSE:

Authorizes certain cities to implement a pilot truck weight
photo-monitoring system at certain intersections throughout the city.

SUMMARY OF PROVISIONS:

The vehicle and traffic law is amended by adding a new section 1642-b
to allow cities of one million or more to create a demonstration
program with the intent of ensuring compliance with no-thru truck
signs. This section establishes fines for violators observed through
a photo-monitoring system.

The bill establishes affirmative defenses available to owners of
noncompliant trucks in cases of theft or when the truck is making a
legitimate delivery in the area.

A report must be submitted by any city that creates a demonstration
program pursuant to this section describing the results of the
program The report must be submitted to the Governor, temporary
president of the Senate, and the speaker of the Assembly.

EXISTING LAW:

Section 1642 of the Vehicle and Traffic Law.

JUSTIFICATION:

This legislation authorizes a city with a population of one million or
more to adopt and amend a local ordinance to enforce prohibitions on
trucks from entering certain areas of the city. The bill provides an
enforcement mechanism that will also generate revenue for the
municipality. 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 given time.

LEGISLATIVE HISTORY:

A.9316 of 2004
A.2435 of 2005-06
A.1717 of 2007-2008
S.4220/A.5174 of 2009-2010
2012: Referred to Transportation

FISCAL IMPLICATIONS:

To be determined.


LOCAL FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect on the one hundred eightieth day after it
shall have become a law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   240

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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-b to read as follows:
  S 1642-B. 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.
                                                           LBD00306-01-3

S. 240                              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. 240                              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. 240                              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.

S240A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A3489A
Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add §1642-b, V & T L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S875, A1314
2009-2010: S4220, A5174

S240A (ACTIVE) - Bill Texts

view summary

Authorizes certain cities to implement a pilot truck weight photo-monitoring system at certain intersections throughout the city; requires owners of trucks to be monetarily liable when an operator of their truck drives the truck on a public highway in violation of a posted "No Truck" zone; establishes certain affirmative defenses.

view sponsor memo
BILL NUMBER:S240A

TITLE OF BILL: 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

PURPOSE: Authorizes certain cities to implement a pilot truck weight
photo-monitoring system at certain intersections throughout the city.

SUMMARY OF PROVISIONS: The vehicle and traffic law is amended by
adding a new section 1642-b to allow cities of one million or more to
create a demonstration program with the intent of ensuring compliance
with no-thru truck signs. This section establishes fines for violators
observed through a photo-monitoring system.

The bill establishes affirmative defenses available to owners of
noncompliant trucks in cases of theft or when the truck is making a
legitimate delivery in the area.

A report must be submitted by any city that creates a demonstration
program pursuant to this section describing the results of the program
The report must be submitted to the Governor, temporary president of
the Senate, and the speaker of the Assembly.

EXISTING LAW:

Section 1642 of the Vehicle and Traffic Law.

JUSTIFICATION: This legislation authorizes a city with a population
of one million or more to adopt and amend a local ordinance to enforce
prohibitions on trucks from entering certain areas of the city. The
bill provides an enforcement mechanism that will also generate revenue
for the municipality. 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 given time.

LEGISLATIVE HISTORY: A.9316 of 2004 A.2435 of 2005-06 A.1717 of
2007-2008 S.4220/A.5174 of 2009-2010 2012: Referred to Transportation

FISCAL IMPLICATIONS: To be determined.

LOCAL FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect on the one hundred
eightieth day after it shall have become a law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 240--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation  --  recom-
  mitted  to  the  Committee on Transportation in accordance with Senate
  Rule  6,  sec.  8  --  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 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-b to read as follows:
  S  1642-B.  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00306-02-4

S. 240--A                           2

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 (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

S. 240--A                           3

IN  THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF LIABIL-
ITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
  4.  THE  NOTICE  OF LIABILITY SHALL BE PREPARED AND MAILED BY THE CITY
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:

S. 240--A                           4

  (A) PRIOR TO THE VIOLATION, THE LESSOR HAS FILED WITH  THE  BUREAU  IN
ACCORDANCE  WITH  THE  PROVISIONS  OF SECTION TWO HUNDRED THIRTY-NINE OF
THIS CHAPTER; AND
  (B) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE BUREAU OF
THE  DATE  AND  TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFORMATION
CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY, THE LESSOR SUBMITS TO THE
BUREAU THE CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE IDENTI-
FIED IN THE NOTICE OF LIABILITY AT THE TIME OF SUCH VIOLATION,  TOGETHER
WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL, LEASE OR
OTHER  CONTRACT  DOCUMENT,  AS  MAY BE REASONABLY REQUIRED BY THE BUREAU
PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE.
  (II) FAILURE TO COMPLY WITH CLAUSE (B) OF  SUBPARAGRAPH  (I)  OF  THIS
PARAGRAPH  SHALL  RENDER  THE OWNER LIABLE FOR THE PENALTY PRESCRIBED IN
THIS SECTION.
  (III) WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF THIS PARAGRAPH,
THE LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH VIOLATION SHALL BE DEEMED
TO BE THE OWNER OF SUCH VEHICLE FOR PURPOSES OF THIS SECTION,  SHALL  BE
SUBJECT  TO  LIABILITY  FOR  SUCH VIOLATION PURSUANT TO THIS SECTION AND
SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (G) OF  THIS
SECTION.
  (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  SEVENTEEN.    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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.