senate Bill S7647

Signed By Governor
2013-2014 Legislative Session

Extends provisions of law relating to adjudications and owner liability for a violation of traffic-control signal indications in Nassau county

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Archive: Last Bill Status Via A9803 - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 22, 2014 signed chap.133
Jul 11, 2014 delivered to governor
Jun 20, 2014 returned to assembly
passed senate
home rule request
3rd reading cal.1099
substituted for s7647
Jun 20, 2014 substituted by a9803
Jun 09, 2014 advanced to third reading
Jun 03, 2014 2nd report cal.
Jun 02, 2014 1st report cal.1099
May 23, 2014 referred to investigations and government operations

Votes

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Jun 2, 2014 - Investigations and Government Operations committee Vote

S7647
6
1
committee
6
Aye
1
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Investigations and Government Operations Committee Vote: Jun 2, 2014

nay (1)
aye wr (2)

S7647 - Bill Details

See Assembly Version of this Bill:
A9803
Law Section:
Motor Vehicles
Laws Affected:
Amd ยง10, Chap 19 of 2009

S7647 - Bill Texts

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Extends provisions of law relating to adjudications and owner liability for a violation of traffic-control signal indications in Nassau county.

view sponsor memo
BILL NUMBER:S7647

TITLE OF BILL: An act to amend chapter 19 of the laws of 2009,
amending the vehicle and traffic law and other laws relating to
adjudications and owner liability for a violation of traffic-control
signal indications, in relation to extending the provisions of such
chapter

PURPOSE:

To prevent the deaths and injuries caused by motorists running red
lights, by Authorizing Nassau County to adopt a local law to implement
a program to install photo violation-monitoring devices at up to fifty
intersections.

SUMMARY OF SPECIFIC PROVISIONS:

This bill authorizes Nassau County to adopt a local law or ordinance
to establish a demonstration program imposing monetary liability on
vehicle owners for an operator's failure to comply with
traffic-control signals at up to fifty intersections at any one time
within and under the jurisdiction of Nassau County. Such demonstration
program would be for a period of five years.

The bill establishes requirements for due process, including
provisions for the evidence of liability and its availability to
defendants, requirements governing the content of notices of
liability, or "NOLs", the method by which NOLs must be sent to vehicle
owners, and providing for the adjudication of violations in the court
having jurisdiction over traffic infractions. The Nassau County
Traffic and Parking Violations Agency is authorized to assist the
Nassau County District Court. in the disposition and administration of
the liability of owners for such violations.

It authorizes the imposition of a maximum $50 civil penalty for a
violation and no more than $25 for failure to respond. It also directs
the Commissioner of Motor Vehicles to deny an application for an
original or renewal registration if he/she has certification that the
applicant failed to appear or comply with rules and regulations
following entry of a final decision for three or more NOLs and/or
parking violations within 18 months. The bill also contains provisions
for relief from liability for owners of leased or rented motor
vehicles.

Demonstration program equipment is subject to section 103 of the
general municipal law, and the bill requires the use of necessary
technologies to ensure, to the extent practicable, that photographs
produced by such violation-monitoring systems do not include images
identifying the driver, passengers or contents of a vehicle, and are
exempt from FOIL recorded images.

The bill deems that NOLs would not be a conviction as an operator and
thus would not be included on the owner's driver's license record, and
prohibits the use of findings of liability for motor vehicle insurance
purposes. Additionally, it provides as valid defenses that the vehicle
was reported stolen and had not been recovered prior to the time the
violation occurred, or that the traffic signal was malfunctioning at


the time of the alleged violation. Finally, it requires the County to
submit an annual report on the demonstration program to the Governor
and Legislature.

JUSTIFICATION:

Aggressive driving, including running red lights, is a significant
reason for a reported increase in the percentage of fatalities
occurring at intersections as noted by the Insurance Institute for
Highway Safety. Red light running accidents are often the worst type
of accident; they often involve speed and right-angle impacts, which
can lead to the most severe injuries. In New York State 30% of
reported vehicular accidents in 1998 occurred at signalized
intersections. Of those, 244 involved fatalities. Of more than 18,000
pedestrian accidents occurring in the same period, 33% were at
signalized intersections.

Many cities in the United Stated already have operational photo
enforcement for catching red light runners, including New York City,
Los Angeles, San Francisco, San Diego, Baltimore, and Washington,
D.C., resulting in safer intersections.

Most significantly, New York City has had a highly successful red
light camera program. Since January 2006 scofflaw enforcement has
increased by one hundred fifty-eight percent. The data from the New
York City Department of Transportation has demonstrated that the
presence of red light cameras significantly alters the behavior of
drivers and dramatically reduces the number of accidents at affected
intersections. Traffic accidents at intersections are a major public
safety issue in Nassau County and it is beyond doubt that red light
camera program would provide a significant improvement in traffic
safety within the County. The Nassau County Traffic Safety Board
reports that three of New York's deadliest roads are Hempstead
Turnpike, Old Country Road and Sunrise Highway.

PRIOR LEGISLATIVE HISTORY:

Similar legislation: 2007-08: A7181-A, A7329

FISCAL IMPLICATIONS:

Undetermined

EFFECTIVE DATE:

Immediately.

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

                                  7647

                            I N  S E N A T E

                              May 23, 2014
                               ___________

Introduced  by COMMITTEE ON RULES -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Investigations  and
  Government Operations

AN ACT to amend chapter 19 of the laws of 2009, amending the vehicle and
  traffic law and other laws relating to adjudications and owner liabil-
  ity for a violation of traffic-control signal indications, in relation
  to extending the provisions of such chapter

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

  Section 1. Section 10 of chapter 19 of the laws of 2009, amending  the
vehicle  and  traffic  law  and other laws relating to adjudications and
owner liability for a violation of traffic-control  signal  indications,
is amended to read as follows:
  S  10.  This act shall take effect on the thirtieth day after it shall
have become a law and shall expire December 1,  [2014]  2019  when  upon
such  date the provisions of this act shall be deemed repealed; provided
that 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;
provided  that the amendments to the opening paragraph and paragraph (c)
of subdivision 1 of section 1809 of the vehicle and traffic law made  by
section  four  of this act shall be subject to the expiration and rever-
sion of such subdivision pursuant to chapter 166 of the laws of 1991, as
amended, when upon such date the provisions of section five of this  act
shall take effect; provided, however, that the amendments to the opening
paragraph  of  subdivision  1 of section 1809 of the vehicle and traffic
law made by section five of this act shall not affect the expiration  of
such subdivision and shall expire therewith; provided, however, that the
amendments  to subdivision 2 of section 371 of the general municipal law
made by section seven 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15350-01-4

S. 7647                             2

shall remain in full force and effect  only  until  December  1,  [2014]
2019.
  S 2. This act shall take effect immediately.

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