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Assembly Bill A3989

2017-2018 Legislative Session

Provides a defense for those directed by officers or in funeral processions regarding red light cameras

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Archive: Last Bill Status - In Assembly Committee

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2017-A3989 (ACTIVE) - Details

Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§1111-a, 1111-b, 1111-d & 1111-e, V & T L

2017-A3989 (ACTIVE) - Summary

Provides a defense for those directed by officers or in funeral processions regarding red light cameras.

2017-A3989 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3989
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 Introduced  by M. of A. NOLAN -- read once and referred to the Committee
   on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to providing  a
   defense for those in funeral processions regarding red light cameras
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 3 of subdivision (g) of  section  1111-a  of  the
 vehicle and traffic law, as added by chapter 746 of the laws of 1988, is
 amended and a new subdivision (o) is added to read as follows:
   3.  The  notice  of  liability  shall contain information advising the
 person charged of the manner and the time in which he  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  AS  WELL  AS
 INSTRUCTIONS  ON  HOW  TO  CONTEST  THE  FINE BY MAIL PROVIDING PROOF OR
 PROOFS SPECIFIED IN SUBDIVISION (O) OF THIS SECTION.
   (O) IT SHALL BE A DEFENSE TO ANY PROSECUTION FOR A VIOLATION OF SUBDI-
 VISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT  TO
 A LOCAL LAW OR ORDINANCE ADOPTED PURSUANT TO THIS SECTION THAT THE VEHI-
 CLE  WAS  OBEYING THE DIRECTION OF A POLICE OR PEACE OFFICER OR WAS PART
 OF A FUNERAL PROCESSION. THE OWNER OF  THE  VEHICLE  SHALL  BE  ABLE  TO
 CONTEST THE VIOLATION BY MAIL SENDING ONE OF THE FOLLOWING PROOFS TO THE
 TRAFFIC VIOLATIONS BUREAU: A LETTER FROM THE CITY'S POLICE DEPARTMENT OR
 LOCAL  PRECINCT, OR IN THE CASE OF A FUNERAL PROCESSION, A LETTER FROM A
 FUNERAL HOME, NOTING THE TIME, DATE AND LOCATION OF  THE  FUNERAL  PROC-
 ESSION.
   §  2.  Paragraph  3  of subdivision (g) and subdivision (o) of section
 1111-b of the vehicle and traffic law, as added by  chapter  19  of  the
 laws of 2009, are amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07039-02-7

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