assembly Bill A3114

2017-2018 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 - 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 (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to transportation
Jan 26, 2017 referred to transportation

Co-Sponsors

A3114 (ACTIVE) - Details

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:
2015-2016: A7646
2019-2020: A6012

A3114 (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.

A3114 (ACTIVE) - Bill Text download pdf


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

                                  3114

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            January 26, 2017
                               ___________

Introduced  by  M. of A. ABINANTI, BUCHWALD -- read once and referred 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:
  § 135-A. RAILROAD GRADE CROSSING. A  LOCATION  WHERE  RAILROAD  TRACKS
INTERSECT A PUBLIC OR PRIVATE HIGHWAY, ROADWAY OR SIDEWALK.
  §  2.  The  vehicle and traffic law is amended by adding a new section
1170-a to read as follows:
  § 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.
                                                           LBD02329-02-7