S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2100
 
                        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 civil
   liability of vehicle owners for maximum  speed  limit  violations  and
   providing for the repeal of such provisions upon expiration thereof

   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 1180-d to read as follows:
   § 1180-D. OWNER LIABILITY FOR FAILURE OF OPERATOR TO COMPLY WITH MAXI-
 MUM  SPEED  LIMITS. (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 MAXIMUM SPEED
 LIMITS IN SUCH CITY IN ACCORDANCE WITH THE PROVISIONS OF  THIS  SECTION.
 SUCH DEMONSTRATION PROGRAM SHALL EMPOWER THE CITY OF NEW YORK TO INSTALL
 AND  OPERATE A PHOTO RADAR DEVICE ON MCGUINNESS BOULEVARD IN THE BOROUGH
 OF BROOKLYN WITHIN SUCH CITY.
   (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  SUBDIVISION  (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS
 ARTICLE, AND SUCH VIOLATION IS EVIDENCED BY INFORMATION OBTAINED FROM  A
 PHOTO RADAR 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 SUBDI-
 VISION (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
   (C)  FOR  PURPOSES  OF  THIS  SECTION,  "OWNER" SHALL HAVE THE MEANING
 PROVIDED IN ARTICLE TWO-B OF THIS CHAPTER. FOR PURPOSES OF THIS SECTION,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02366-01-7

 A. 2100                             2
 
 "PHOTO RADAR SYSTEM" SHALL MEAN A SPEED  CAMERA  INSTALLED  TO  WORK  IN
 CONJUNCTION  WITH  DOPPLER  RADAR AND A COMPUTER MONITORING SYSTEM WHICH
 AUTOMATICALLY PRODUCES TWO OR MORE PHOTOGRAPHS, TWO OR MORE  MICROPHOTO-
 GRAPHS, A VIDEOTAPE OR OTHER RECORDED IMAGES OF EACH VEHICLE AT THE TIME
 IT IS USED OR OPERATED IN VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN
 HUNDRED EIGHTY OF THIS ARTICLE.
   (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 PHOTO RADAR SYSTEM, SHALL BE PRIMA
 FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN. ANY  PHOTOGRAPHS,  MICRO-
 PHOTOGRAPHS,  VIDEOTAPE  OR  OTHER  RECORDED  IMAGES  EVIDENCING  SUCH A
 VIOLATION SHALL BE AVAILABLE FOR INSPECTION IN ANY PROCEEDING TO ADJUDI-
 CATE THE LIABILITY FOR SUCH VIOLATION PURSUANT TO A LOCAL LAW  OR  ORDI-
 NANCE ADOPTED PURSUANT TO THIS SECTION.
   (E)  AN  OWNER  LIABLE  FOR  A VIOLATION OF SUBDIVISION (D) OF SECTION
 ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO A LOCAL LAW  OR  ORDI-
 NANCE  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 ONE HUNDRED 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
 (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE  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
 (D)  OF  SECTION  ELEVEN HUNDRED EIGHTY OF THIS ARTICLE 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,
 OR  BY  ANY OTHER ENTITY AUTHORIZED BY THE CITY TO PREPARE AND MAIL SUCH
 NOTIFICATION OF VIOLATION.

 A. 2100                             3
 
   (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 (D) OF SECTION
 ELEVEN  HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO THIS SECTION THAT THE
 VEHICLE HAD BEEN REPORTED TO THE POLICE AS STOLEN PRIOR TO THE TIME  THE
 VIOLATION OCCURRED AND HAD NOT BEEN RECOVERED BY SUCH TIME. FOR PURPOSES
 OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION IT SHALL BE SUFFI-
 CIENT  THAT  A CERTIFIED COPY OF THE POLICE REPORT ON THE STOLEN VEHICLE
 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 (D) OF
 SECTION  ELEVEN  HUNDRED EIGHTY OF THIS ARTICLE, 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, TOGETH-
 ER WITH THE OTHER  INFORMATION  CONTAINED  IN  THE  ORIGINAL  NOTICE  OF
 LIABILITY. 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
 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 THE VIOLATION OF SUBDIVISION
 (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE  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 (D) OF SECTION ELEVEN
 HUNDRED EIGHTY OF THIS ARTICLE, 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
 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

 A. 2100                             4
 
 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 (D) OF  SECTION
 ELEVEN  HUNDRED  EIGHTY OF THIS ARTICLE 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  (D)  OF
 SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
   (M)  THE  PHOTO  RADAR  DEVICES INSTALLED AND OPERATED PURSUANT TO THE
 DEMONSTRATION  PROGRAM,  ESTABLISHED  UNDER  SUBDIVISION  (A)  OF   THIS
 SECTION,  SHALL  BE  USED SOLELY FOR THE PURPOSES OF CARRYING OUT PHOTO-
 MONITORING FOR SUCH DEMONSTRATION PROGRAM.
   (N) ANY CITY WHICH ADOPTS A DEMONSTRATION PROGRAM PURSUANT TO SUBDIVI-
 SION (A) OF THIS SECTION SHALL SUBMIT A REPORT ON THE RESULTS OF THE USE
 OF A PHOTO RADAR SYSTEM TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF  THE
 SENATE  AND  THE  SPEAKER  OF  THE ASSEMBLY BY MARCH FIRST, TWO THOUSAND
 EIGHTEEN.  SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:
   1. A DESCRIPTION OF THE LOCATIONS WHERE PHOTO RADAR SYSTEMS WERE USED;
   2. THE NUMBER OF VIOLATIONS RECORDED AT EACH SUCH LOCATION 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 thirtieth day after it shall
 have become a law and shall remain in full force and  effect  for  three
 years  after  such  effective date when upon such date the provisions of
 this act shall be deemed repealed; provided,  however,  any  such  local
 laws  as  may be enacted pursuant to this act shall remain in full force
 and effect only until the expiration of three years from such  effective
 date.