S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2011
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced by M. of A. LENTOL -- read once and referred 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:
   §  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
 VIOLATION  OF  SUBDIVISION (F) OF SECTION EIGHTEEN HUNDRED OF THIS CHAP-
 TER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00504-01-7

 A. 2011                             2
 
   (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.
   4.  THE  NOTICE  OF LIABILITY SHALL BE PREPARED AND MAILED BY THE CITY
 HAVING JURISDICTION OVER THE INTERSECTION WHERE THE VIOLATION  OCCURRED,

 A. 2011                             3
 
 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
   (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

 A. 2011                             4
 
 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 TWENTY. 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.
   § 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.