senate Bill S5238A

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate


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

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Actions

view actions (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 17, 2016 referred to transportation
delivered to assembly
passed senate
May 10, 2016 amended on third reading 5238a
May 09, 2016 advanced to third reading
May 05, 2016 2nd report cal.
May 04, 2016 1st report cal.653
Jan 06, 2016 referred to transportation
returned to senate
died in assembly
Jun 18, 2015 referred to transportation
delivered to assembly
passed senate
ordered to third reading cal.1828
Jun 09, 2015 reported and committed to rules
May 08, 2015 referred to transportation

Votes

view votes

May 4, 2016 - Transportation committee Vote

S5238
17
0
committee
17
Aye
0
Nay
0
Aye with Reservations
0
Absent
2
Excused
0
Abstained
show committee vote details

Jun 18, 2015 - Rules committee Vote

S5238
25
0
committee
25
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Jun 9, 2015 - Transportation committee Vote

S5238
17
0
committee
17
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Co-Sponsors

S5238 - Details

See Assembly Version of this Bill:
A7646
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: S2303, A3114, A4795
2019-2020: S4089, A6012

S5238 - 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.

S5238 - Sponsor Memo

S5238 - Bill Text download pdf

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

                                  5238

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               May 8, 2015
                               ___________

Introduced  by  Sen.  MURPHY -- 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 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

S5238A (ACTIVE) - Details

See Assembly Version of this Bill:
A7646
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: S2303, A3114, A4795
2019-2020: S4089, A6012

S5238A (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.

S5238A (ACTIVE) - Sponsor Memo

S5238A (ACTIVE) - Bill Text download pdf

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

                                 5238--A
    Cal. No. 653

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               May 8, 2015
                               ___________

Introduced  by  Sens. MURPHY, CARLUCCI, LARKIN -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Trans-
  portation -- recommitted to the Committee on Transportation in accord-
  ance  with  Senate  Rule  6,  sec.  8  -- reported favorably from said
  committee, ordered to first and second  report,  ordered  to  a  third
  reading,  amended  and  ordered  reprinted, retaining its place in the
  order of third reading

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

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

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