assembly Bill A7646A

2015-2016 Legislative Session

Authorizes local authorities to establish owner liability for failure of an operator of a motor vehicle to obey a signal indicating the approach of a train

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Sponsored By

Archive: Last Bill Status - In Assembly Committee


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

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 16, 2016 print number 7646a
May 16, 2016 amend and recommit to transportation
Jan 06, 2016 referred to transportation
May 21, 2015 referred to transportation

Co-Sponsors

A7646 - Details

See Senate Version of this Bill:
S5238
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add §§135-a & 1170-a, V & T L; amd §87, Pub Off L
Versions Introduced in Other Legislative Sessions:
2017-2018: A3114, A4795, S2303
2019-2020: A6012, S4089

A7646 - Summary

Authorizes local authorities to establish owner liability for failure of an operator of a motor vehicle to obey a signal indicating the approach of a train utilizing photo monitoring devices.

A7646 - Bill Text download pdf

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

                                  7646

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 21, 2015
                               ___________

Introduced by M. of A. ABINANTI -- 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  authorizing  local  authorities  to establish demon-
  stration programs, implementing  railroad  grade  crossing  monitoring
  systems by means of photo devices

  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 135-a to read as follows:
  S  135-A.  RAILROAD  GRADE  CROSSING. A LOCATION WHERE RAILROAD TRACKS
INTERSECT A PUBLIC OR PRIVATE HIGHWAY, ROADWAY OR SIDEWALK.
  S 2. The vehicle and traffic law is amended by adding  a  new  section
1170-a to read as follows:
  S 1170-A. OWNER LIABILITY FOR FAILURE OF OPERATOR TO OBEY SIGNAL INDI-
CATING APPROACH OF TRAIN.  (A) 1. NOTWITHSTANDING ANY OTHER PROVISION OF
LAW, ANY LOCAL AUTHORITY IS HEREBY AUTHORIZED AND EMPOWERED TO ADOPT AND
AMEND  A LOCAL LAW, ORDINANCE OR RESOLUTION ESTABLISHING A DEMONSTRATION
PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR  FAIL-
URE OF AN OPERATOR THEREOF TO COMPLY WITH SECTION ELEVEN HUNDRED SEVENTY
OF  THIS  ARTICLE.  SUCH  DEMONSTRATION  PROGRAM  SHALL  EMPOWER A LOCAL
AUTHORITY TO INSTALL AND OPERATE RAILROAD GRADE  CROSSING  PHOTO  VIOLA-
TION-MONITORING DEVICES AT ANY RAILROAD SIGN OR SIGNAL.
  2.  SUCH DEMONSTRATION PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES TO
ENSURE, TO THE EXTENT PRACTICABLE, THAT  PHOTOGRAPHS  PRODUCED  BY  SUCH
RAILROAD  GRADE  CROSSING  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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10847-02-5

Co-Sponsors

A7646A (ACTIVE) - Details

See Senate Version of this Bill:
S5238
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add §§135-a & 1170-a, V & T L; amd §87, Pub Off L
Versions Introduced in Other Legislative Sessions:
2017-2018: A3114, A4795, S2303
2019-2020: A6012, S4089

A7646A (ACTIVE) - Summary

Authorizes local authorities to establish owner liability for failure of an operator of a motor vehicle to obey a signal indicating the approach of a train utilizing photo monitoring devices.

A7646A (ACTIVE) - Bill Text download pdf

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

                                 7646--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 21, 2015
                               ___________

Introduced  by  M. of A. ABINANTI, BUCHWALD -- read once and referred to
  the Committee on Transportation -- recommitted  to  the  Committee  on
  Transportation in accordance with Assembly Rule 3, sec. 2 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the vehicle and traffic law and the public officers law,
  in  relation  to  authorizing  local  authorities  to establish demon-
  stration programs, implementing  railroad  grade  crossing  monitoring
  systems by means of photo devices

  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 135-a to read as follows:
  S  135-A.  RAILROAD  GRADE  CROSSING. A LOCATION WHERE RAILROAD TRACKS
INTERSECT A PUBLIC OR PRIVATE HIGHWAY, ROADWAY OR SIDEWALK.
  S 2. The vehicle and traffic law is amended by adding  a  new  section
1170-a to read as follows:
  S 1170-A. OWNER LIABILITY FOR FAILURE OF OPERATOR TO OBEY SIGNAL INDI-
CATING APPROACH OF TRAIN.  (A) 1. NOTWITHSTANDING ANY OTHER PROVISION OF
LAW, ANY LOCAL AUTHORITY IS HEREBY AUTHORIZED AND EMPOWERED TO ADOPT AND
AMEND  A LOCAL LAW, ORDINANCE OR RESOLUTION ESTABLISHING A DEMONSTRATION
PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR  FAIL-
URE OF AN OPERATOR THEREOF TO COMPLY WITH SECTION ELEVEN HUNDRED SEVENTY
OF  THIS  ARTICLE.  SUCH  DEMONSTRATION  PROGRAM  SHALL  EMPOWER A LOCAL
AUTHORITY TO INSTALL AND OPERATE RAILROAD GRADE  CROSSING  PHOTO  VIOLA-
TION-MONITORING DEVICES AT ANY RAILROAD SIGN OR SIGNAL.
  2.  SUCH DEMONSTRATION PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES TO
ENSURE, TO THE EXTENT PRACTICABLE, THAT  PHOTOGRAPHS  PRODUCED  BY  SUCH
RAILROAD  GRADE  CROSSING  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10847-06-6