NY State Assembly Bill A4795C

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 (8)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 28, 2018	print number 4795c
Feb 28, 2018	amend and recommit to transportation
Jan 03, 2018	referred to transportation
Jun 06, 2017	print number 4795b
Jun 06, 2017	amend (t) and recommit to transportation
Mar 07, 2017	print number 4795a
Mar 07, 2017	amend (t) and recommit to transportation
Feb 03, 2017	referred to transportation

Bill Amendments

Original

C (Active)

Original

C (Active)

A4795 - Details

See Senate Version of this Bill:: S2303
Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §135-a, add §1170-a, V & T L; amd §87, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A7646, S5238
2019-2020: A6012, S4089
2021-2022: A7333, S252
2023-2024: S527

A4795 - Summary

Authorizes political subdivisions and commuter railroads 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.

A4795 - Bill Text download pdf


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

                                  4795

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2017
                               ___________

Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
  tee 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 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-
CLE, PROVIDED THAT SUCH LOCAL AUTHORITY HAS MADE A REASONABLE EFFORT  TO
COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH.
  (B)  WITHIN  THE  JURISDICTION  OF  ANY SUCH LOCAL AUTHORITY WHICH HAS
ADOPTED A LOCAL LAW, ORDINANCE OR RESOLUTION PURSUANT TO SUBDIVISION (A)
OF THIS SECTION, THE OWNER OF A VEHICLE SHALL BE LIABLE  FOR  A  PENALTY

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

                                                           LBD02329-03-7

A. 4795                             2

IMPOSED  PURSUANT  TO  THIS SECTION IF SUCH VEHICLE WAS USED OR OPERATED
WITH THE PERMISSION OF THE OWNER, EXPRESS OR IMPLIED,  IN  VIOLATION  OF
SECTION  ELEVEN  HUNDRED  SEVENTY OF THIS ARTICLE, AND SUCH VIOLATION IS
EVIDENCED  BY  INFORMATION OBTAINED FROM A RAILROAD GRADE CROSSING PHOTO
VIOLATION-MONITORING SYSTEM; PROVIDED, HOWEVER, THAT NO OWNER OF A VEHI-
CLE 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 SECTION ELEVEN HUNDRED SEVENTY 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,
"RAILROAD GRADE CROSSING PHOTO VIOLATION-MONITORING SYSTEM" SHALL MEAN A
VEHICLE SENSOR INSTALLED TO WORK IN CONJUNCTION WITH A RAILROAD SIGN  OR
SIGNAL WHICH AUTOMATICALLY 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  SECTION  ELEVEN
HUNDRED SEVENTY OF THIS ARTICLE.
  (D)  A  CERTIFICATE,  SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY
THE LOCAL AUTHORITY IN  WHICH  THE  CHARGED  VIOLATION  OCCURRED,  OR  A
FACSIMILE  THEREOF,  BASED  UPON  INSPECTION OF PHOTOGRAPHS, MICROPHOTO-
GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY A RAILROAD  GRADE
CROSSING   PHOTO  VIOLATION-MONITORING  SYSTEM,  SHALL  BE  PRIMA  FACIE
EVIDENCE OF THE FACTS CONTAINED THEREIN.  ANY  PHOTOGRAPHS,  MICROPHOTO-
GRAPHS,  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, ORDINANCE OR
RESOLUTION ADOPTED PURSUANT TO THIS SECTION.
  (E) AN OWNER LIABLE FOR A VIOLATION OF SECTION ELEVEN HUNDRED  SEVENTY
OF THIS ARTICLE PURSUANT TO A LOCAL LAW, ORDINANCE OR RESOLUTION ADOPTED
PURSUANT  TO  THIS  SECTION  SHALL  BE  LIABLE FOR MONETARY PENALTIES IN
ACCORDANCE WITH A SCHEDULE OF FINES AND PENALTIES TO BE  ESTABLISHED  IN
SUCH  LOCAL  LAW,  ORDINANCE  OR  RESOLUTION. THE LIABILITY OF THE OWNER
PURSUANT TO THIS SECTION SHALL NOT EXCEED ONE HUNDRED DOLLARS  FOR  EACH
VIOLATION; PROVIDED, HOWEVER, THAT AN ADJUDICATING AUTHORITY MAY PROVIDE
FOR  AN  ADDITIONAL  PENALTY OF NOT IN EXCESS OF TWENTY-FIVE DOLLARS FOR
EACH VIOLATION FOR THE FAILURE TO RESPOND TO A NOTICE OF LIABILITY WITH-
IN THE PRESCRIBED PERIOD OF TIME.
  (F) AN IMPOSITION OF LIABILITY UNDER A LOCAL LAW, ORDINANCE OR  RESOL-
UTION  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 SECTION ELEV-
EN  HUNDRED  SEVENTY 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 BUSINESS 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 SECTION ELEV-
EN  HUNDRED SEVENTY OF THIS ARTICLE PURSUANT TO THIS SECTION, THE REGIS-
TRATION 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

A. 4795                             3

THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO
CONTAIN  A  WARNING TO ADVISE THE PERSON 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 LOCAL
AUTHORITY, OR BY ANY OTHER ENTITY AUTHORIZED BY SUCH LOCAL AUTHORITY  TO
PREPARE AND MAIL SUCH NOTIFICATION OF VIOLATION.
  (H)  ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION
SHALL BE BY THE COURT  HAVING  JURISDICTION  OVER  TRAFFIC  INFRACTIONS,
EXCEPT  THAT  IF  SUCH LOCAL AUTHORITY HAS ESTABLISHED AN ADMINISTRATIVE
TRIBUNAL TO HEAR AND DETERMINE COMPLAINTS OF TRAFFIC INFRACTIONS CONSTI-
TUTING PARKING, STANDING OR STOPPING  VIOLATIONS  SUCH  LOCAL  AUTHORITY
MAY, BY LOCAL LAW, AUTHORIZE SUCH ADJUDICATION 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  A
LAW  ENFORCEMENT  AGENCY  AS  HAVING  BEEN  STOLEN,  IT SHALL BE A VALID
DEFENSE TO AN ALLEGATION OF LIABILITY FOR A VIOLATION OF SECTION  ELEVEN
HUNDRED  SEVENTY OF THIS ARTICLE 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. FOR PURPOSES
OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION IT SHALL BE SUFFI-
CIENT  THAT A CERTIFIED COPY OF A POLICE REPORT ON THE STOLEN VEHICLE BE
SENT BY FIRST CLASS MAIL TO THE COURT  HAVING  JURISDICTION  OR  PARKING
VIOLATIONS BUREAU.
  (J)  1.  IN  SUCH  LOCAL AUTHORITY WHERE THE ADJUDICATION OF LIABILITY
IMPOSED UPON OWNERS PURSUANT TO THIS SECTION IS BY A COURT HAVING JURIS-
DICTION, 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 SECTION  ELEVEN  HUNDRED  SEVENTY  OF
THIS  ARTICLE,  PROVIDED THAT HE OR SHE SENDS TO THE COURT HAVING JURIS-
DICTION 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 COURT OF THE DATE AND TIME OF SUCH VIOLATION,
TOGETHER 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 SECTION
ELEVEN HUNDRED SEVENTY 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 SUCH LOCAL AUTHORITY WHICH 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 SECTION ELEVEN HUNDRED SEVENTY 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

A. 4795                             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)  1.  IF THE OWNER LIABLE FOR A VIOLATION OF SECTION ELEVEN HUNDRED
SEVENTY 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.
  2.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO OWNER OF A
VEHICLE SHALL BE SUBJECT TO A MONETARY FINE  IMPOSED  PURSUANT  TO  THIS
SECTION IF THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH-
OUT  THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR FAILED TO OBEY A
RAILROAD SIGN OR SIGNAL  INDICATING  THE  APPROACH  OF  A  TRAIN.    FOR
PURPOSES OF THIS SUBDIVISION THERE SHALL BE A PRESUMPTION THAT THE OPER-
ATOR  OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH THE CONSENT OF THE
OWNER AT THE TIME SUCH OPERATOR FAILED TO OBEY A RAILROAD SIGN OR SIGNAL
INDICATING THE APPROACH OF A TRAIN.
  (L) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE  LIABILITY
OF  AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF SECTION ELEVEN HUNDRED
SEVENTY OF THIS ARTICLE.
  (M) IN ANY SUCH LOCAL AUTHORITY WHICH ADOPTS A  DEMONSTRATION  PROGRAM
PURSUANT  TO SUBDIVISION (A) OF THIS SECTION, SUCH LOCAL AUTHORITY SHALL
SUBMIT AN ANNUAL REPORT ON THE RESULTS OF THE USE OF  A  RAILROAD  GRADE
CROSSING  PHOTO  VIOLATION-MONITORING SYSTEM TO THE GOVERNOR, THE TEMPO-
RARY PRESIDENT OF THE SENATE AND THE  SPEAKER  OF  THE  ASSEMBLY  ON  OR
BEFORE  JUNE  FIRST,  TWO THOUSAND NINETEEN AND ON THE SAME DATE IN EACH
SUCCEEDING YEAR IN WHICH THE DEMONSTRATION  PROGRAM  IS  OPERABLE.  SUCH
REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:
  1.  A DESCRIPTION OF THE LOCATIONS WHERE RAILROAD GRADE CROSSING PHOTO
VIOLATION-MONITORING SYSTEMS WERE USED;
  2. THE AGGREGATE NUMBER, TYPE AND SEVERITY OF  ACCIDENTS  REPORTED  AT
INTERSECTIONS WHERE A RAILROAD GRADE CROSSING PHOTO VIOLATION-MONITORING
SYSTEM  IS  USED FOR THE YEAR PRECEDING THE INSTALLATION OF SUCH SYSTEM,
TO THE EXTENT THE INFORMATION IS MAINTAINED BY THE DEPARTMENT;
  3. THE AGGREGATE NUMBER, TYPE AND SEVERITY OF  ACCIDENTS  REPORTED  AT
INTERSECTIONS WHERE A RAILROAD GRADE CROSSING PHOTO VIOLATION-MONITORING
SYSTEM  IS  USED,  TO  THE  EXTENT  THE INFORMATION IS MAINTAINED BY THE
DEPARTMENT;
  4. THE NUMBER OF VIOLATIONS RECORDED  AT  EACH  INTERSECTION  WHERE  A
RAILROAD GRADE CROSSING PHOTO VIOLATION-MONITORING SYSTEM IS USED AND IN
THE AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS;
  5.  THE  TOTAL  NUMBER  OF  NOTICES OF LIABILITY ISSUED FOR VIOLATIONS
RECORDED BY SUCH SYSTEMS;
  6. THE NUMBER OF FINES AND TOTAL AMOUNT  OF  FINES  PAID  AFTER  FIRST
NOTICE OF LIABILITY ISSUED FOR VIOLATIONS RECORDED BY SUCH SYSTEMS;

A. 4795                             5

  7.  THE  NUMBER  OF VIOLATIONS ADJUDICATED AND RESULTS OF SUCH ADJUDI-
CATIONS  INCLUDING  BREAKDOWNS  OF  DISPOSITIONS  MADE  FOR   VIOLATIONS
RECORDED BY SUCH SYSTEMS;
  8.  THE  TOTAL AMOUNT OF REVENUE REALIZED BY SUCH LOCAL AUTHORITY FROM
SUCH ADJUDICATIONS;
  9. EXPENSES INCURRED BY SUCH LOCAL AUTHORITY IN  CONNECTION  WITH  THE
PROGRAM; AND
  10. QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
  (N)  IT  SHALL  BE  A  DEFENSE  TO  ANY PROSECUTION FOR A VIOLATION OF
SECTION ELEVEN HUNDRED SEVENTY OF THIS ARTICLE PURSUANT TO A  LOCAL  LAW
OR  ORDINANCE  ADOPTED PURSUANT TO THIS SECTION THAT THE RAILROAD SIGNAL
INDICATIONS WERE MALFUNCTIONING AT THE TIME OF THE ALLEGED VIOLATION.
  § 2. Subdivision 2 of section 87 of the public officers law is amended
by adding a new paragraph (p) to read as follows:
  (P) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS,  VIDEOTAPE  OR  OTHER  RECORDED
IMAGES  PREPARED UNDER THE AUTHORITY OF SECTION ELEVEN HUNDRED SEVENTY-A
OF THE VEHICLE AND TRAFFIC LAW.
  § 3. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

Co-Sponsors

A4795A - Details

See Senate Version of this Bill:: S2303
Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §135-a, add §1170-a, V & T L; amd §87, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A7646, S5238
2019-2020: A6012, S4089
2021-2022: A7333, S252
2023-2024: S527

A4795A - Summary

A4795A - Bill Text download pdf


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

                                 4795--A

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2017
                               ___________

Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
  tee  on  Transportation -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the vehicle and traffic law and the public officers law,
  in relation to authorizing political subdivisions and  commuter  rail-
  roads to establish demonstration 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 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  POLITICAL  SUBDIVISION  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 FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SECTION ELEVEN
HUNDRED SEVENTY  OF  THIS  ARTICLE.  SUCH  DEMONSTRATION  PROGRAM  SHALL
EMPOWER  A  POLITICAL  SUBDIVISION TO INSTALL AND OPERATE RAILROAD GRADE
CROSSING PHOTO VIOLATION-MONITORING DEVICES  AT  ANY  RAILROAD  SIGN  OR
SIGNAL  WITHIN ITS JURISDICTION.  THE COST OF SUCH PHOTO VIOLATION-MONI-
TORING DEVICES MAY BE BORNE BY THE  POLITICAL  SUBDIVISION,  A  COMMUTER
RAILROAD OPERATING WITHIN THE POLITICAL SUBDIVISION, OR A COMBINATION OF
BOTH  SUCH  POLITICAL  SUBDIVISION  AND  COMMUTER RAILROAD PURSUANT TO A
MEMORANDUM OF UNDERSTANDING.
  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

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

                                                           LBD02329-05-7

A. 4795--A                          2

OR PHOTOGRAPHS ALLOW FOR THE IDENTIFICATION OF THE CONTENTS OF  A  VEHI-
CLE,  PROVIDED  THAT  SUCH  POLITICAL  SUBDIVISION HAS MADE A REASONABLE
EFFORT TO COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH.
  (B)  WITHIN  THE  JURISDICTION OF ANY SUCH POLITICAL SUBDIVISION WHICH
HAS ADOPTED A LOCAL LAW, ORDINANCE OR RESOLUTION PURSUANT TO SUBDIVISION
(A) OF THIS SECTION, THE OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENAL-
TY IMPOSED PURSUANT TO THIS SECTION IF SUCH VEHICLE WAS USED OR OPERATED
WITH THE PERMISSION OF THE OWNER, EXPRESS OR IMPLIED,  IN  VIOLATION  OF
SECTION  ELEVEN  HUNDRED  SEVENTY OF THIS ARTICLE, AND SUCH VIOLATION IS
EVIDENCED BY INFORMATION OBTAINED FROM A RAILROAD GRADE  CROSSING  PHOTO
VIOLATION-MONITORING SYSTEM; PROVIDED, HOWEVER, THAT NO OWNER OF A VEHI-
CLE 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 SECTION ELEVEN HUNDRED SEVENTY OF THIS ARTICLE.
  (C) FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL  HAVE  THE
FOLLOWING MEANINGS:
  1.  "OWNER"  SHALL  HAVE THE MEANING PROVIDED IN ARTICLE TWO-B OF THIS
CHAPTER.
  2. "RAILROAD GRADE CROSSING PHOTO VIOLATION-MONITORING  SYSTEM"  SHALL
MEAN  A  VEHICLE SENSOR INSTALLED TO WORK IN CONJUNCTION WITH A RAILROAD
SIGN OR SIGNAL WHICH AUTOMATICALLY 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 SECTION ELEV-
EN HUNDRED SEVENTY OF THIS ARTICLE.
  3.  "POLITICAL SUBDIVISION" SHALL MEAN A COUNTY, CITY, TOWN OR VILLAGE
LOCATED WITHIN THE METROPOLITAN  COMMUTER  TRANSPORTATION  DISTRICT,  AS
DEFINED  IN  SECTION  TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES
LAW.
  4. "COMMUTER RAILROAD" SHALL MEAN A RAILROAD OWNED AND OPERATED BY THE
METROPOLITAN TRANSPORTATION AUTHORITY, LOCATED WITHIN  THE  METROPOLITAN
COMMUTER  TRANSPORTATION  DISTRICT, AS DEFINED IN SECTION TWELVE HUNDRED
SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW.
  (D) A CERTIFICATE, SWORN TO OR AFFIRMED BY A  TECHNICIAN  EMPLOYED  BY
THE  COMMUTER  RAILROAD  OR  BY  THE  POLITICAL SUBDIVISION IN WHICH THE
CHARGED  VIOLATION  OCCURRED,  OR  A  FACSIMILE  THEREOF,   BASED   UPON
INSPECTION OF PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED
IMAGES  PRODUCED BY A RAILROAD GRADE CROSSING PHOTO 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, ORDINANCE OR RESOLUTION ADOPTED PURSUANT TO THIS SECTION.
  (E) AN OWNER LIABLE FOR A VIOLATION OF SECTION ELEVEN HUNDRED  SEVENTY
OF THIS ARTICLE PURSUANT TO A LOCAL LAW, ORDINANCE OR RESOLUTION ADOPTED
PURSUANT  TO  THIS  SECTION  SHALL  BE  LIABLE FOR MONETARY PENALTIES IN
ACCORDANCE WITH A SCHEDULE OF FINES AND PENALTIES TO BE  ESTABLISHED  IN
SUCH  LOCAL  LAW,  ORDINANCE  OR  RESOLUTION. THE LIABILITY OF THE OWNER
PURSUANT TO THIS SECTION SHALL NOT EXCEED TWO HUNDRED FIFTY DOLLARS  FOR
EACH  VIOLATION;  PROVIDED,  HOWEVER, THAT AN ADJUDICATING AUTHORITY MAY
PROVIDE FOR AN ADDITIONAL PENALTY OF NOT IN EXCESS OF FIFTY DOLLARS  FOR
EACH VIOLATION FOR THE FAILURE TO RESPOND TO A NOTICE OF LIABILITY WITH-
IN THE PRESCRIBED PERIOD OF TIME.
  (F)  AN IMPOSITION OF LIABILITY UNDER A LOCAL LAW, ORDINANCE OR RESOL-
UTION 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

A. 4795--A                          3

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 SECTION ELEV-
EN  HUNDRED  SEVENTY 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 BUSINESS 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 SECTION ELEV-
EN  HUNDRED SEVENTY OF THIS ARTICLE PURSUANT TO THIS SECTION, THE REGIS-
TRATION 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 PERSON 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 POLI-
TICAL SUBDIVISION, OR BY ANY OTHER ENTITY AUTHORIZED BY  SUCH  POLITICAL
SUBDIVISION TO PREPARE AND MAIL SUCH NOTIFICATION OF VIOLATION.
  (H)  ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION
SHALL BE BY THE COURT  HAVING  JURISDICTION  OVER  TRAFFIC  INFRACTIONS,
EXCEPT THAT IF SUCH POLITICAL SUBDIVISION HAS ESTABLISHED AN ADMINISTRA-
TIVE  TRIBUNAL  TO  HEAR AND DETERMINE COMPLAINTS OF TRAFFIC INFRACTIONS
CONSTITUTING PARKING, STANDING OR  STOPPING  VIOLATIONS  SUCH  POLITICAL
SUBDIVISION  MAY,  BY  LOCAL  LAW,  AUTHORIZE  SUCH ADJUDICATION 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 A
LAW ENFORCEMENT AGENCY AS HAVING  BEEN  STOLEN,  IT  SHALL  BE  A  VALID
DEFENSE  TO AN ALLEGATION OF LIABILITY FOR A VIOLATION OF SECTION ELEVEN
HUNDRED SEVENTY OF THIS ARTICLE 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. FOR PURPOSES
OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION IT SHALL BE SUFFI-
CIENT THAT A CERTIFIED COPY OF A POLICE REPORT ON THE STOLEN VEHICLE  BE
SENT  BY  FIRST  CLASS  MAIL TO THE COURT HAVING JURISDICTION OR PARKING
VIOLATIONS BUREAU.
  (J) 1. IN SUCH POLITICAL SUBDIVISION WHERE THE ADJUDICATION OF LIABIL-
ITY IMPOSED UPON OWNERS PURSUANT TO THIS SECTION IS BY  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 SECTION  ELEVEN  HUNDRED  SEVENTY  OF
THIS  ARTICLE,  PROVIDED THAT HE OR SHE SENDS TO THE COURT HAVING JURIS-
DICTION 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 COURT OF THE DATE AND TIME OF SUCH VIOLATION,
TOGETHER 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

A. 4795--A                          4

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 SECTION
ELEVEN  HUNDRED  SEVENTY  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 ANY POLITICAL SUBDIVISION WHICH HAS AUTHORIZED THE ADJUDI-
CATION 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 SECTION ELEVEN HUNDRED
SEVENTY 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
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) 1. IF THE OWNER LIABLE FOR A VIOLATION OF SECTION  ELEVEN  HUNDRED
SEVENTY 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.
  2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO OWNER OF  A
VEHICLE  SHALL  BE  SUBJECT  TO A MONETARY FINE IMPOSED PURSUANT TO THIS
SECTION IF THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH-
OUT THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR FAILED TO  COMPLY
WITH  SECTION  ELEVEN  HUNDRED SEVENTY OF THIS ARTICLE.  FOR PURPOSES OF
THIS SUBDIVISION THERE SHALL BE A PRESUMPTION THAT THE OPERATOR OF  SUCH
VEHICLE  WAS OPERATING SUCH VEHICLE WITH THE CONSENT OF THE OWNER AT THE
TIME SUCH OPERATOR FAILED TO COMPLY WITH SECTION ELEVEN HUNDRED  SEVENTY
OF THIS ARTICLE.
  (L)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF SECTION ELEVEN  HUNDRED
SEVENTY OF THIS ARTICLE.
  (M)  IN  ANY  SUCH  POLITICAL SUBDIVISION WHICH ADOPTS A DEMONSTRATION
PROGRAM PURSUANT TO SUBDIVISION (A)  OF  THIS  SECTION,  SUCH  POLITICAL
SUBDIVISION SHALL SUBMIT AN ANNUAL REPORT ON THE RESULTS OF THE USE OF A
RAILROAD  GRADE CROSSING PHOTO VIOLATION-MONITORING SYSTEM TO THE GOVER-
NOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEM-
BLY ON OR BEFORE JUNE FIRST, TWO THOUSAND NINETEEN AND ON THE SAME  DATE
IN  EACH SUCCEEDING YEAR IN WHICH THE DEMONSTRATION PROGRAM IS OPERABLE.
SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:

A. 4795--A                          5

  1. A DESCRIPTION OF THE LOCATIONS WHERE RAILROAD GRADE CROSSING  PHOTO
VIOLATION-MONITORING SYSTEMS WERE USED;
  2.  THE  AGGREGATE  NUMBER, TYPE AND SEVERITY OF ACCIDENTS REPORTED AT
INTERSECTIONS WHERE A RAILROAD GRADE CROSSING PHOTO VIOLATION-MONITORING
SYSTEM IS USED FOR THE YEAR PRECEDING THE INSTALLATION OF  SUCH  SYSTEM,
TO THE EXTENT THE INFORMATION IS MAINTAINED BY THE DEPARTMENT;
  3.  THE  AGGREGATE  NUMBER, TYPE AND SEVERITY OF ACCIDENTS REPORTED AT
INTERSECTIONS WHERE A RAILROAD GRADE CROSSING PHOTO VIOLATION-MONITORING
SYSTEM IS USED, TO THE EXTENT  THE  INFORMATION  IS  MAINTAINED  BY  THE
DEPARTMENT;
  4.  THE  NUMBER  OF  VIOLATIONS  RECORDED AT EACH INTERSECTION WHERE A
RAILROAD GRADE CROSSING PHOTO VIOLATION-MONITORING SYSTEM IS USED AND IN
THE AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS;
  5. THE TOTAL NUMBER OF NOTICES  OF  LIABILITY  ISSUED  FOR  VIOLATIONS
RECORDED BY SUCH SYSTEMS;
  6.  THE  NUMBER  OF  FINES  AND TOTAL AMOUNT OF FINES PAID AFTER FIRST
NOTICE OF LIABILITY ISSUED FOR VIOLATIONS RECORDED BY SUCH SYSTEMS;
  7. THE NUMBER OF VIOLATIONS ADJUDICATED AND RESULTS  OF  SUCH  ADJUDI-
CATIONS   INCLUDING  BREAKDOWNS  OF  DISPOSITIONS  MADE  FOR  VIOLATIONS
RECORDED BY SUCH SYSTEMS;
  8. THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH POLITICAL  SUBDIVISION
FROM SUCH ADJUDICATIONS;
  9.  EXPENSES INCURRED BY SUCH POLITICAL SUBDIVISION IN CONNECTION WITH
THE PROGRAM; AND
  10. QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
  (N) IT SHALL BE AN  AFFIRMATIVE  DEFENSE  TO  ANY  PROSECUTION  FOR  A
VIOLATION  OF SECTION ELEVEN HUNDRED SEVENTY OF THIS ARTICLE PURSUANT TO
A LOCAL LAW OR ORDINANCE ADOPTED PURSUANT TO THIS SECTION THAT THERE  IS
VERIFIED EVIDENCE THAT THE RAILROAD SIGNAL INDICATIONS WERE MALFUNCTION-
ING AT THE TIME OF THE ALLEGED VIOLATION.
  §  2.   The vehicle and traffic law is amended by adding a new section
1633 to read as follows:
  § 1633. RAILROAD GRADE CROSSING  ENFORCEMENT;  DEMONSTRATION  PROGRAM.
(A)  1.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
LONG ISLAND RAIL ROAD AND THE METRO-NORTH COMMUTER RAILROAD (HEREINAFTER
REFERRED TO IN THIS SECTION AS "COMMUTER RAILROADS", ARE HEREBY  AUTHOR-
IZED  AND  EMPOWERED TO IMPLEMENT A DEMONSTRATION PROGRAM IMPOSING MONE-
TARY LIABILITY ON THE OWNER OF A VEHICLE  FOR  FAILURE  OF  AN  OPERATOR
THEREOF  TO  COMPLY WITH SECTION ELEVEN HUNDRED SEVENTY OF THIS CHAPTER.
SUCH DEMONSTRATION PROGRAM  SHALL  EMPOWER  THE  COMMUTER  RAILROADS  TO
INSTALL  AND  OPERATE RAILROAD GRADE CROSSING PHOTO VIOLATION-MONITORING
DEVICES AT ANY RAILROAD SIGN OR SIGNAL WITHIN THEIR RESPECTIVE JURISDIC-
TIONS. A VIOLATION OF SECTION ELEVEN HUNDRED  SEVENTY  OF  THIS  CHAPTER
RECORDED  PURSUANT  TO  THE PROVISIONS OF THIS SECTION SHALL BE DEEMED A
TRAFFIC INFRACTION, AND ADJUDICATION OF SUCH TRAFFIC INFRACTION  AGAINST
THE OWNER SHALL BE IN ACCORDANCE WITH THE PROVISIONS OF THIS CHAPTER.
  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-
CLE, PROVIDED THAT THE COMMUTER RAILROAD HAS MADE A REASONABLE EFFORT TO
COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH.

A. 4795--A                          6

  (B) WITHIN THE JURISDICTION OF ANY SUCH COMMUTER RAILROAD PURSUANT  TO
SUBDIVISION (A) OF THIS SECTION, AND SUBJECT TO THE ADJUDICATORY PROCESS
OF  THE  APPROPRIATE POLITICAL SUBDIVISION, 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 SECTION ELEVEN HUNDRED SEVENTY OF THIS CHAPTER,
AND SUCH VIOLATION IS EVIDENCED BY INFORMATION OBTAINED FROM A  RAILROAD
GRADE  CROSSING  PHOTO  VIOLATION-MONITORING  SYSTEM; PROVIDED, HOWEVER,
THAT NO OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED  PURSU-
ANT  TO  THIS  SECTION  WHERE  THE  OPERATOR  OF  SUCH  VEHICLE HAS BEEN
CONVICTED OF THE UNDERLYING VIOLATION OF SECTION ELEVEN HUNDRED  SEVENTY
OF THIS CHAPTER.
  (C)  FOR  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
  1. "OWNER" SHALL HAVE THE MEANING PROVIDED IN ARTICLE  TWO-B  OF  THIS
CHAPTER.
  2.  "RAILROAD  GRADE CROSSING PHOTO VIOLATION-MONITORING SYSTEM" SHALL
MEAN A VEHICLE SENSOR INSTALLED TO WORK IN CONJUNCTION WITH  A  RAILROAD
SIGN OR SIGNAL WHICH AUTOMATICALLY 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 SECTION ELEV-
EN HUNDRED SEVENTY OF THIS CHAPTER.
  3. "POLITICAL SUBDIVISION" SHALL MEAN A COUNTY, CITY, TOWN OR  VILLAGE
LOCATED IN THE METROPOLITAN COMMUTER TRANSPORTATION DISTRICT, AS DEFINED
IN SECTION TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW.
  (D)  A  CERTIFICATE,  SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY
THE COMMUTER RAILROAD WHERE THE CHARGED VIOLATION OCCURRED, OR A FACSIM-
ILE THEREOF, BASED UPON  INSPECTION  OF  PHOTOGRAPHS,  MICROPHOTOGRAPHS,
VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY A RAILROAD GRADE CROSSING
PHOTO  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 LAW.
  (E)  AN OWNER LIABLE FOR A VIOLATION OF SECTION ELEVEN HUNDRED SEVENTY
OF THIS CHAPTER PURSUANT TO  A  RAILROAD  GRADE  CROSSING  DEMONSTRATION
PROJECT  ADOPTED  PURSUANT  TO THIS SECTION SHALL BE LIABLE FOR MONETARY
PENALTIES NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS  FOR  EACH  VIOLATION;
PROVIDED,  HOWEVER,  THAT  AN  ADJUDICATING AUTHORITY MAY PROVIDE FOR AN
ADDITIONAL PENALTY OF NOT IN EXCESS OF FIFTY DOLLARS FOR EACH  VIOLATION
FOR  THE  FAILURE  TO  RESPOND  TO  A  NOTICE  OF  LIABILITY  WITHIN THE
PRESCRIBED PERIOD OF TIME.
  (F) AN IMPOSITION OF LIABILITY 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 VEHI-
CLE 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 SECTION ELEV-
EN HUNDRED SEVENTY 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 BUSINESS  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 SECTION ELEV-
EN HUNDRED SEVENTY OF THIS CHAPTER PURSUANT TO THIS SECTION, THE  REGIS-

A. 4795--A                          7

TRATION  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 PERSON 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  COMMU-
TER  RAILROAD,  OR BY ANY OTHER ENTITY AUTHORIZED BY SUCH COMMUTER RAIL-
ROAD TO PREPARE AND MAIL SUCH NOTIFICATION OF VIOLATION.
  (H) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS  SECTION
SHALL  BE  BY  THE  COURT  HAVING JURISDICTION OVER TRAFFIC INFRACTIONS,
EXCEPT THAT IF A POLITICAL SUBDIVISION HAS ESTABLISHED AN ADMINISTRATIVE
TRIBUNAL TO HEAR AND DETERMINE COMPLAINTS OF TRAFFIC INFRACTIONS CONSTI-
TUTING PARKING, STANDING OR STOPPING VIOLATIONS SUCH POLITICAL  SUBDIVI-
SION MAY, BY LOCAL LAW, AUTHORIZE SUCH ADJUDICATION 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  A
LAW  ENFORCEMENT  AGENCY  AS  HAVING  BEEN  STOLEN,  IT SHALL BE A VALID
DEFENSE TO AN ALLEGATION OF LIABILITY FOR A VIOLATION OF SECTION  ELEVEN
HUNDRED  SEVENTY 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. FOR PURPOSES
OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION IT SHALL BE SUFFI-
CIENT  THAT A CERTIFIED COPY OF A POLICE REPORT ON THE STOLEN VEHICLE BE
SENT BY FIRST CLASS MAIL TO THE COURT  HAVING  JURISDICTION  OR  PARKING
VIOLATIONS BUREAU.
  (J)  1. IN ANY POLITICAL SUBDIVISION WHERE THE ADJUDICATION OF LIABIL-
ITY IMPOSED UPON OWNERS PURSUANT TO THIS SECTION IS BY  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 SECTION  ELEVEN  HUNDRED  SEVENTY  OF
THIS  CHAPTER,  PROVIDED THAT HE OR SHE SENDS TO THE COURT HAVING JURIS-
DICTION 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 COURT OF THE DATE AND TIME OF SUCH VIOLATION,
TOGETHER 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 SECTION
ELEVEN HUNDRED SEVENTY 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 ANY POLITICAL SUBDIVISION WHICH HAS AUTHORIZED  THE  ADJUDI-
CATION  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 SECTION ELEVEN  HUNDRED
SEVENTY OF THIS CHAPTER, PROVIDED THAT:

A. 4795--A                          8

  (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
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)  1.  IF THE OWNER LIABLE FOR A VIOLATION OF SECTION ELEVEN HUNDRED
SEVENTY 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.
  2.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO OWNER OF A
VEHICLE SHALL BE SUBJECT TO A MONETARY FINE  IMPOSED  PURSUANT  TO  THIS
SECTION IF THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH-
OUT  THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR FAILED TO OBEY A
RAILROAD SIGN OR SIGNAL INDICATING THE APPROACH OF A TRAIN. FOR PURPOSES
OF THIS SUBDIVISION THERE SHALL BE A PRESUMPTION THAT  THE  OPERATOR  OF
SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH THE CONSENT OF THE OWNER AT
THE TIME SUCH OPERATOR FAILED TO OBEY A RAILROAD SIGN OR SIGNAL INDICAT-
ING THE APPROACH OF A TRAIN.
  (L)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF SECTION ELEVEN  HUNDRED
SEVENTY OF THIS CHAPTER.
  (M)  WHERE A COMMUTER RAILROAD ADOPTS A DEMONSTRATION PROGRAM PURSUANT
TO SUBDIVISION (A) OF THIS SECTION, SUCH RAILROAD SHALL SUBMIT AN ANNUAL
REPORT ON THE RESULTS OF THE USE OF  A  RAILROAD  GRADE  CROSSING  PHOTO
VIOLATION-MONITORING  SYSTEM TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF
THE SENATE AND THE SPEAKER OF THE ASSEMBLY ON OR BEFORE JUNE FIRST,  TWO
THOUSAND SEVENTEEN AND ON THE SAME DATE IN EACH SUCCEEDING YEAR IN WHICH
THE  DEMONSTRATION  PROGRAM  IS OPERABLE. SUCH REPORT SHALL INCLUDE, BUT
NOT BE LIMITED TO:
  1. A DESCRIPTION OF THE LOCATIONS WHERE RAILROAD GRADE CROSSING  PHOTO
VIOLATION-MONITORING SYSTEMS WERE USED;
  2.  THE  AGGREGATE  NUMBER, TYPE AND SEVERITY OF ACCIDENTS REPORTED AT
INTERSECTIONS WHERE A RAILROAD GRADE CROSSING PHOTO VIOLATION-MONITORING
SYSTEM IS USED FOR THE YEAR PRECEDING THE INSTALLATION OF  SUCH  SYSTEM,
TO THE EXTENT THE INFORMATION IS MAINTAINED BY THE DEPARTMENT;
  3.  THE  AGGREGATE  NUMBER, TYPE AND SEVERITY OF ACCIDENTS REPORTED AT
INTERSECTIONS WHERE A RAILROAD GRADE CROSSING PHOTO VIOLATION-MONITORING
SYSTEM IS USED, TO THE EXTENT  THE  INFORMATION  IS  MAINTAINED  BY  THE
DEPARTMENT;

A. 4795--A                          9

  4.  THE  NUMBER  OF  VIOLATIONS  RECORDED AT EACH INTERSECTION WHERE A
RAILROAD GRADE CROSSING PHOTO VIOLATION-MONITORING SYSTEM IS USED AND IN
THE AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS;
  5.  THE  TOTAL  NUMBER  OF  NOTICES OF LIABILITY ISSUED FOR VIOLATIONS
RECORDED BY SUCH SYSTEMS;
  6. THE NUMBER OF FINES AND TOTAL AMOUNT  OF  FINES  PAID  AFTER  FIRST
NOTICE OF LIABILITY ISSUED FOR VIOLATIONS RECORDED BY SUCH SYSTEMS;
  7.  THE  NUMBER  OF VIOLATIONS ADJUDICATED AND RESULTS OF SUCH ADJUDI-
CATIONS  INCLUDING  BREAKDOWNS  OF  DISPOSITIONS  MADE  FOR   VIOLATIONS
RECORDED BY SUCH SYSTEMS;
  8.  THE  TOTAL  AMOUNT OF REVENUE REALIZED BY ALL APPLICABLE POLITICAL
SUBDIVISIONS FROM SUCH ADJUDICATIONS;
  9. EXPENSES INCURRED BY SUCH THE COMMUTER RAILROAD IN CONNECTION  WITH
THE PROGRAM; AND
  10. QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
  (N)  IT  SHALL  BE  AN  AFFIRMATIVE  DEFENSE  TO ANY PROSECUTION FOR A
VIOLATION OF SECTION ELEVEN HUNDRED SEVENTY OF THIS CHAPTER PURSUANT  TO
A  LOCAL LAW OR ORDINANCE ADOPTED PURSUANT TO THIS SECTION THAT THERE IS
VERIFIED EVIDENCE THAT THE RAILROAD SIGNAL INDICATIONS WERE MALFUNCTION-
ING AT THE TIME OF THE ALLEGED VIOLATION.
  § 3. The opening paragraph of subdivision 1 of  section  1803  of  the
vehicle  and traffic law, as amended by chapter 385 of the laws of 1999,
is amended to read as follows:
  Except as otherwise  provided  in  subdivision  five  of  section  two
hundred  twenty-seven  [of  this chapter and as provided in section] AND
SECTIONS eleven hundred ninety-seven AND SIXTEEN HUNDRED THIRTY-THREE of
this chapter, section ninety of the  state  finance  law,  and  sections
fourteen-f  and  one  hundred forty of the transportation law, all fines
and penalties collected under a sentence or judgment of conviction of  a
violation  of this chapter or of any act relating to the use of highways
by motor vehicles or trailers, now in force or hereafter enacted,  shall
be distributed in the following manner:
  §  4. Section 1803 of the vehicle and traffic law is amended by adding
a new subdivision 10 to read as follows:
  10. WHERE A COMMUTER RAILROAD ESTABLISHES  A  RAILROAD  GRADE-CROSSING
DEMONSTRATION  PROGRAM  PURSUANT TO SECTION SIXTEEN HUNDRED THIRTY-THREE
OF THIS CHAPTER, ALL FINES, PENALTIES AND FORFEITURES COLLECTED PURSUANT
TO SUCH SECTION SHALL BE PAID TO THE CITY,  VILLAGE,  TOWN  OR  SUBURBAN
TOWN HAVING JURISDICTION OF THE RAILROAD GRADE CROSSING.
  § 5. Subdivision 2 of section 87 of the public officers law is amended
by adding a new paragraph (p) to read as follows:
  (P)  ARE  PHOTOGRAPHS,  MICROPHOTOGRAPHS,  VIDEOTAPE OR OTHER RECORDED
IMAGES PREPARED UNDER THE AUTHORITY OF SECTION ELEVEN HUNDRED  SEVENTY-A
OR SIXTEEN HUNDRED THIRTY-THREE OF THE VEHICLE AND TRAFFIC LAW.
  §  6.  This  act shall take effect on the thirtieth day after it shall
have become a law.

Co-Sponsors

A4795B - Details

See Senate Version of this Bill:: S2303
Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §135-a, add §1170-a, V & T L; amd §87, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A7646, S5238
2019-2020: A6012, S4089
2021-2022: A7333, S252
2023-2024: S527

A4795B - Summary

A4795B - Bill Text download pdf


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

                                 4795--B

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2017
                               ___________

Introduced  by  M. of A. ABINANTI, BUCHWALD -- read once and referred to
  the Committee on Transportation -- committee discharged, bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  again  reported from said committee with amendments, ordered reprinted
  as amended and recommitted to said committee

AN ACT to amend the vehicle and traffic law and the public officers law,
  in relation to authorizing political subdivisions to establish  demon-
  stration  programs,  implementing  railroad  grade crossing monitoring
  systems by means of photo devices; 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.  Section 135-a of the vehicle and traffic law, as added  by
chapter 501 of the laws of 2016, is amended to read as follows:
  §  135-a.  Railroad grade crossing. A location where [a public highway
or private road, including associated sidewalks, crosses  one  or  more]
railroad  tracks [at grade] INTERSECT A PUBLIC OR PRIVATE HIGHWAY, ROAD-
WAY 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
INDICATING  APPROACH  OF  TRAIN.    (A)  1.  NOTWITHSTANDING  ANY  OTHER
PROVISION  OF  LAW,  ANY  POLITICAL SUBDIVISION IS HEREBY AUTHORIZED AND
EMPOWERED TO ADOPT AND AMEND A LOCAL LAW, ORDINANCE OR RESOLUTION ESTAB-
LISHING A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER
OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY  WITH  SECTION
ELEVEN HUNDRED SEVENTY OF THIS ARTICLE. SUCH DEMONSTRATION PROGRAM SHALL
EMPOWER  A  POLITICAL  SUBDIVISION TO INSTALL AND OPERATE RAILROAD GRADE
CROSSING PHOTO VIOLATION-MONITORING DEVICES  AT  ANY  RAILROAD  SIGN  OR
SIGNAL  WITHIN  ITS JURISDICTION. THE COST OF SUCH PHOTO VIOLATION-MONI-
TORING DEVICES MAY BE BORNE BY THE  POLITICAL  SUBDIVISION,  A  COMMUTER

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

                                                           LBD02329-09-7

A. 4795--B                          2

RAILROAD OPERATING WITHIN THE POLITICAL SUBDIVISION, OR A COMBINATION OF
BOTH  SUCH  POLITICAL  SUBDIVISION  AND  COMMUTER RAILROAD PURSUANT TO A
MEMORANDUM OF UNDERSTANDING.
  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-
CLE, PROVIDED THAT SUCH POLITICAL  SUBDIVISION  HAS  MADE  A  REASONABLE
EFFORT TO COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH.
  (B)  WITHIN  THE  JURISDICTION OF ANY SUCH POLITICAL SUBDIVISION WHICH
HAS ADOPTED A LOCAL LAW, ORDINANCE OR RESOLUTION PURSUANT TO SUBDIVISION
(A) OF THIS SECTION, THE OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENAL-
TY IMPOSED PURSUANT TO THIS SECTION IF SUCH VEHICLE WAS USED OR OPERATED
WITH THE PERMISSION OF THE OWNER, EXPRESS OR IMPLIED,  IN  VIOLATION  OF
SECTION  ELEVEN  HUNDRED  SEVENTY OF THIS ARTICLE, AND SUCH VIOLATION IS
EVIDENCED BY INFORMATION OBTAINED FROM A RAILROAD GRADE  CROSSING  PHOTO
VIOLATION-MONITORING SYSTEM; PROVIDED, HOWEVER, THAT NO OWNER OF A VEHI-
CLE 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 SECTION ELEVEN HUNDRED SEVENTY OF THIS ARTICLE.
  (C) FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL  HAVE  THE
FOLLOWING MEANINGS:
  1.  "OWNER"  SHALL  HAVE THE MEANING PROVIDED IN ARTICLE TWO-B OF THIS
CHAPTER.
  2. "RAILROAD GRADE CROSSING PHOTO VIOLATION-MONITORING  SYSTEM"  SHALL
MEAN  A  VEHICLE SENSOR INSTALLED TO WORK IN CONJUNCTION WITH A RAILROAD
SIGN OR SIGNAL WHICH AUTOMATICALLY 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 SECTION ELEV-
EN HUNDRED SEVENTY OF THIS ARTICLE.
  3.  "POLITICAL SUBDIVISION" SHALL MEAN A COUNTY, CITY, TOWN OR VILLAGE
LOCATED WITHIN THE METROPOLITAN  COMMUTER  TRANSPORTATION  DISTRICT,  AS
DEFINED  IN  SECTION  TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES
LAW.
  4. "COMMUTER RAILROAD" SHALL MEAN A RAILROAD OWNED AND OPERATED BY THE
METROPOLITAN TRANSPORTATION AUTHORITY AND LOCATED WITHIN  THE  METROPOL-
ITAN  COMMUTER  TRANSPORTATION  DISTRICT,  AS  DEFINED IN SECTION TWELVE
HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW.
  (D) A CERTIFICATE, SWORN TO OR AFFIRMED BY A  TECHNICIAN  EMPLOYED  BY
THE  POLITICAL SUBDIVISION IN WHICH THE CHARGED VIOLATION OCCURRED, OR A
FACSIMILE THEREOF, BASED UPON  INSPECTION  OF  PHOTOGRAPHS,  MICROPHOTO-
GRAPHS,  VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY A RAILROAD GRADE
CROSSING  PHOTO  VIOLATION-MONITORING  SYSTEM,  SHALL  BE  PRIMA   FACIE
EVIDENCE  OF  THE  FACTS CONTAINED THEREIN. ANY PHOTOGRAPHS, MICROPHOTO-
GRAPHS, 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,  ORDINANCE  OR
RESOLUTION ADOPTED PURSUANT TO THIS SECTION.
  (E)  AN OWNER LIABLE FOR A VIOLATION OF SECTION ELEVEN HUNDRED SEVENTY
OF THIS ARTICLE PURSUANT TO A LOCAL LAW, ORDINANCE OR RESOLUTION ADOPTED
PURSUANT TO THIS SECTION SHALL  BE  LIABLE  FOR  MONETARY  PENALTIES  IN
ACCORDANCE  WITH  A SCHEDULE OF FINES AND PENALTIES TO BE ESTABLISHED IN
SUCH LOCAL LAW, ORDINANCE OR RESOLUTION.  THE  LIABILITY  OF  THE  OWNER

A. 4795--B                          3

PURSUANT  TO  THIS SECTION SHALL NOT EXCEED ONE HUNDRED DOLLARS FOR EACH
VIOLATION; PROVIDED, HOWEVER, THAT AN ADJUDICATING AUTHORITY MAY PROVIDE
FOR AN ADDITIONAL PENALTY OF NOT IN EXCESS OF  TWENTY-FIVE  DOLLARS  FOR
EACH VIOLATION FOR THE FAILURE TO RESPOND TO A NOTICE OF LIABILITY WITH-
IN THE PRESCRIBED PERIOD OF TIME.
  (F)  AN IMPOSITION OF LIABILITY UNDER A LOCAL LAW, ORDINANCE OR RESOL-
UTION 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 SECTION ELEV-
EN HUNDRED SEVENTY 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 BUSINESS  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 SECTION ELEV-
EN HUNDRED SEVENTY OF THIS ARTICLE PURSUANT TO THIS SECTION, THE  REGIS-
TRATION  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 PERSON 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  POLI-
TICAL  SUBDIVISION,  OR BY ANY OTHER ENTITY AUTHORIZED BY SUCH POLITICAL
SUBDIVISION TO PREPARE AND MAIL SUCH NOTIFICATION OF VIOLATION.
  (H) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS  SECTION
SHALL  BE  BY  THE  COURT  HAVING JURISDICTION OVER TRAFFIC INFRACTIONS,
EXCEPT THAT IF SUCH POLITICAL SUBDIVISION HAS ESTABLISHED AN ADMINISTRA-
TIVE TRIBUNAL TO HEAR AND DETERMINE COMPLAINTS  OF  TRAFFIC  INFRACTIONS
CONSTITUTING  PARKING,  STANDING  OR  STOPPING VIOLATIONS SUCH POLITICAL
SUBDIVISION MAY, BY LOCAL  LAW,  AUTHORIZE  SUCH  ADJUDICATION  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  A
LAW  ENFORCEMENT  AGENCY  AS  HAVING  BEEN  STOLEN,  IT SHALL BE A VALID
DEFENSE TO AN ALLEGATION OF LIABILITY FOR A VIOLATION OF SECTION  ELEVEN
HUNDRED  SEVENTY OF THIS ARTICLE 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. FOR PURPOSES
OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION IT SHALL BE SUFFI-
CIENT  THAT A CERTIFIED COPY OF A POLICE REPORT ON THE STOLEN VEHICLE BE
SENT BY FIRST CLASS MAIL TO THE COURT  HAVING  JURISDICTION  OR  PARKING
VIOLATIONS BUREAU.
  (J) 1. IN SUCH POLITICAL SUBDIVISION WHERE THE ADJUDICATION OF LIABIL-
ITY  IMPOSED  UPON  OWNERS PURSUANT TO THIS SECTION IS BY 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 SECTION ELEVEN HUNDRED SEVENTY OF
THIS ARTICLE, PROVIDED THAT HE OR SHE SENDS TO THE COURT  HAVING  JURIS-

A. 4795--B                          4

DICTION  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 COURT OF THE DATE AND TIME OF SUCH VIOLATION,
TOGETHER 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 SECTION
ELEVEN HUNDRED SEVENTY 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 SUCH POLITICAL SUBDIVISION WHICH HAS AUTHORIZED THE  ADJUDI-
CATION  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 SECTION ELEVEN  HUNDRED
SEVENTY 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
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)  1.  IF THE OWNER LIABLE FOR A VIOLATION OF SECTION ELEVEN HUNDRED
SEVENTY 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.
  2.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO OWNER OF A
VEHICLE SHALL BE SUBJECT TO A MONETARY FINE  IMPOSED  PURSUANT  TO  THIS
SECTION IF THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH-
OUT  THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR FAILED TO OBEY A
RAILROAD SIGN OR SIGNAL  INDICATING  THE  APPROACH  OF  A  TRAIN.    FOR
PURPOSES OF THIS SUBDIVISION THERE SHALL BE A PRESUMPTION THAT THE OPER-
ATOR  OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH THE CONSENT OF THE
OWNER AT THE TIME SUCH OPERATOR FAILED TO OBEY A RAILROAD SIGN OR SIGNAL
INDICATING THE APPROACH OF A TRAIN.
  (L) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE  LIABILITY
OF  AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF SECTION ELEVEN HUNDRED
SEVENTY OF THIS ARTICLE.

A. 4795--B                          5

  (M) IN ANY SUCH POLITICAL SUBDIVISION  WHICH  ADOPTS  A  DEMONSTRATION
PROGRAM  PURSUANT  TO  SUBDIVISION  (A)  OF THIS SECTION, SUCH POLITICAL
SUBDIVISION SHALL SUBMIT AN ANNUAL REPORT ON THE RESULTS OF THE USE OF A
RAILROAD GRADE CROSSING PHOTO VIOLATION-MONITORING SYSTEM TO THE  GOVER-
NOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEM-
BLY  ON OR BEFORE JUNE FIRST, TWO THOUSAND EIGHTEEN AND ON THE SAME DATE
IN EACH SUCCEEDING YEAR IN WHICH THE DEMONSTRATION PROGRAM IS  OPERABLE.
SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:
  1.  A DESCRIPTION OF THE LOCATIONS WHERE RAILROAD GRADE CROSSING PHOTO
VIOLATION-MONITORING SYSTEMS WERE USED;
  2. THE AGGREGATE NUMBER, TYPE AND SEVERITY OF  ACCIDENTS  REPORTED  AT
INTERSECTIONS WHERE A RAILROAD GRADE CROSSING PHOTO VIOLATION-MONITORING
SYSTEM  IS  USED FOR THE YEAR PRECEDING THE INSTALLATION OF SUCH SYSTEM,
TO THE EXTENT THE INFORMATION IS MAINTAINED BY THE DEPARTMENT;
  3. THE AGGREGATE NUMBER, TYPE AND SEVERITY OF  ACCIDENTS  REPORTED  AT
INTERSECTIONS WHERE A RAILROAD GRADE CROSSING PHOTO VIOLATION-MONITORING
SYSTEM  IS  USED,  TO  THE  EXTENT  THE INFORMATION IS MAINTAINED BY THE
DEPARTMENT;
  4. THE NUMBER OF VIOLATIONS RECORDED  AT  EACH  INTERSECTION  WHERE  A
RAILROAD GRADE CROSSING PHOTO VIOLATION-MONITORING SYSTEM IS USED AND IN
THE AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS;
  5.  THE  TOTAL  NUMBER  OF  NOTICES OF LIABILITY ISSUED FOR VIOLATIONS
RECORDED BY SUCH SYSTEMS;
  6. THE NUMBER OF FINES AND TOTAL AMOUNT  OF  FINES  PAID  AFTER  FIRST
NOTICE OF LIABILITY ISSUED FOR VIOLATIONS RECORDED BY SUCH SYSTEMS;
  7.  THE  NUMBER  OF VIOLATIONS ADJUDICATED AND RESULTS OF SUCH ADJUDI-
CATIONS  INCLUDING  BREAKDOWNS  OF  DISPOSITIONS  MADE  FOR   VIOLATIONS
RECORDED BY SUCH SYSTEMS;
  8.  THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH POLITICAL SUBDIVISION
FROM SUCH ADJUDICATIONS;
  9. EXPENSES INCURRED BY SUCH POLITICAL SUBDIVISION IN CONNECTION  WITH
THE PROGRAM; AND
  10. QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
  (N)  IT  SHALL  BE  A  DEFENSE  TO  ANY PROSECUTION FOR A VIOLATION OF
SECTION ELEVEN HUNDRED SEVENTY OF THIS ARTICLE PURSUANT TO A  LOCAL  LAW
OR  ORDINANCE  ADOPTED PURSUANT TO THIS SECTION THAT THE RAILROAD SIGNAL
INDICATIONS WERE MALFUNCTIONING AT THE TIME OF THE ALLEGED VIOLATION.
  § 3. Subdivision 2 of section 87 of the public officers law is amended
by adding a new paragraph (p) to read as follows:
  (P) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS,  VIDEOTAPE  OR  OTHER  RECORDED
IMAGES  PREPARED UNDER THE AUTHORITY OF SECTION ELEVEN HUNDRED SEVENTY-A
OF THE VEHICLE AND TRAFFIC LAW.
  § 4. This act shall take effect on the thirtieth day  after  it  shall
have become a law, and shall expire and be deemed repealed 5 years after
such effective date.

Co-Sponsors

A4795C (ACTIVE) - Details

See Senate Version of this Bill:: S2303
Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §135-a, add §1170-a, V & T L; amd §87, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A7646, S5238
2019-2020: A6012, S4089
2021-2022: A7333, S252
2023-2024: S527

A4795C (ACTIVE) - Summary

A4795C (ACTIVE) - Bill Text download pdf


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

                                 4795--C

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2017
                               ___________

Introduced  by  M.  of A. ABINANTI, BUCHWALD, McDONOUGH -- read once and
  referred to the Committee on Transportation --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee -- again  reported  from  said  committee  with  amendments,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  recommitted to the Committee  on  Transportation  in  accordance  with
  Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the vehicle and traffic law and the public officers law,
  in  relation to authorizing political subdivisions to establish demon-
  stration programs, implementing  railroad  grade  crossing  monitoring
  systems  by  means  of  photo devices; 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.  Section 135-a of the vehicle and traffic law, as added by
chapter 501 of the laws of 2016, is amended to read as follows:
  § 135-a. Railroad grade crossing. A location where [a  public  highway
or  private  road,  including associated sidewalks, crosses one or more]
railroad tracks [at grade] INTERSECT A PUBLIC OR PRIVATE HIGHWAY,  ROAD-
WAY 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
INDICATING  APPROACH  OF  TRAIN.    (A)  1.  NOTWITHSTANDING  ANY  OTHER
PROVISION OF LAW, ANY POLITICAL SUBDIVISION  IS  HEREBY  AUTHORIZED  AND
EMPOWERED TO ADOPT AND AMEND A LOCAL LAW, ORDINANCE OR RESOLUTION ESTAB-
LISHING A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER
OF  A  VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SECTION
ELEVEN HUNDRED SEVENTY OF THIS ARTICLE. SUCH DEMONSTRATION PROGRAM SHALL
EMPOWER A POLITICAL SUBDIVISION TO INSTALL AND  OPERATE  RAILROAD  GRADE

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

                                                           LBD02329-11-7

A. 4795--C                          2

CROSSING  PHOTO  VIOLATION-MONITORING  DEVICES  AT  ANY RAILROAD SIGN OR
SIGNAL WITHIN ITS JURISDICTION. THE COST OF SUCH  PHOTO  VIOLATION-MONI-
TORING  DEVICES  MAY  BE  BORNE BY THE POLITICAL SUBDIVISION, A COMMUTER
RAILROAD OPERATING WITHIN THE POLITICAL SUBDIVISION, OR A COMBINATION OF
BOTH  SUCH  POLITICAL  SUBDIVISION  AND  COMMUTER RAILROAD PURSUANT TO A
MEMORANDUM OF UNDERSTANDING.
  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-
CLE,  PROVIDED  THAT  SUCH  POLITICAL  SUBDIVISION HAS MADE A REASONABLE
EFFORT TO COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH.
  (B) WITHIN THE JURISDICTION OF ANY SUCH  POLITICAL  SUBDIVISION  WHICH
HAS ADOPTED A LOCAL LAW, ORDINANCE OR RESOLUTION PURSUANT TO SUBDIVISION
(A) OF THIS SECTION, THE OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENAL-
TY IMPOSED PURSUANT TO THIS SECTION IF SUCH VEHICLE WAS USED OR OPERATED
WITH  THE  PERMISSION  OF THE OWNER, EXPRESS OR IMPLIED, IN VIOLATION OF
SECTION ELEVEN HUNDRED SEVENTY OF THIS ARTICLE, AND  SUCH  VIOLATION  IS
EVIDENCED  BY  INFORMATION OBTAINED FROM A RAILROAD GRADE CROSSING PHOTO
VIOLATION-MONITORING SYSTEM; PROVIDED, HOWEVER, THAT NO OWNER OF A VEHI-
CLE 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 SECTION ELEVEN HUNDRED SEVENTY OF THIS ARTICLE.
  (C)  FOR  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
  1. "OWNER" SHALL HAVE THE MEANING PROVIDED IN ARTICLE  TWO-B  OF  THIS
CHAPTER.
  2.  "RAILROAD  GRADE CROSSING PHOTO VIOLATION-MONITORING SYSTEM" SHALL
MEAN A VEHICLE SENSOR INSTALLED TO WORK IN CONJUNCTION WITH  A  RAILROAD
SIGN OR SIGNAL WHICH AUTOMATICALLY 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 SECTION ELEV-
EN HUNDRED SEVENTY OF THIS ARTICLE.
  3. "POLITICAL SUBDIVISION" SHALL MEAN A COUNTY, CITY, TOWN OR  VILLAGE
LOCATED  WITHIN  THE  METROPOLITAN  COMMUTER TRANSPORTATION DISTRICT, AS
DEFINED IN SECTION TWELVE HUNDRED SIXTY-TWO OF  THE  PUBLIC  AUTHORITIES
LAW.
  4. "COMMUTER RAILROAD" SHALL MEAN A RAILROAD OWNED AND OPERATED BY THE
METROPOLITAN  TRANSPORTATION  AUTHORITY AND LOCATED WITHIN THE METROPOL-
ITAN COMMUTER TRANSPORTATION DISTRICT,  AS  DEFINED  IN  SECTION  TWELVE
HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW.
  (D)  A  CERTIFICATE,  SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY
THE POLITICAL SUBDIVISION IN WHICH THE CHARGED VIOLATION OCCURRED, OR  A
FACSIMILE  THEREOF,  BASED  UPON  INSPECTION OF PHOTOGRAPHS, MICROPHOTO-
GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY A RAILROAD  GRADE
CROSSING   PHOTO  VIOLATION-MONITORING  SYSTEM,  SHALL  BE  PRIMA  FACIE
EVIDENCE OF THE FACTS CONTAINED THEREIN.  ANY  PHOTOGRAPHS,  MICROPHOTO-
GRAPHS,  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, ORDINANCE OR
RESOLUTION ADOPTED PURSUANT TO THIS SECTION.
  (E) AN OWNER LIABLE FOR A VIOLATION OF SECTION ELEVEN HUNDRED  SEVENTY
OF THIS ARTICLE PURSUANT TO A LOCAL LAW, ORDINANCE OR RESOLUTION ADOPTED

A. 4795--C                          3

PURSUANT  TO  THIS  SECTION  SHALL  BE  LIABLE FOR MONETARY PENALTIES IN
ACCORDANCE WITH A SCHEDULE OF FINES AND PENALTIES TO BE  ESTABLISHED  IN
SUCH  LOCAL  LAW,  ORDINANCE  OR  RESOLUTION. THE LIABILITY OF THE OWNER
PURSUANT  TO  THIS SECTION SHALL NOT EXCEED ONE HUNDRED DOLLARS FOR EACH
VIOLATION; PROVIDED, HOWEVER, THAT AN ADJUDICATING AUTHORITY MAY PROVIDE
FOR AN ADDITIONAL PENALTY OF NOT IN EXCESS OF  TWENTY-FIVE  DOLLARS  FOR
EACH VIOLATION FOR THE FAILURE TO RESPOND TO A NOTICE OF LIABILITY WITH-
IN THE PRESCRIBED PERIOD OF TIME.
  (F)  AN IMPOSITION OF LIABILITY UNDER A LOCAL LAW, ORDINANCE OR RESOL-
UTION 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 SECTION ELEV-
EN HUNDRED SEVENTY 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 BUSINESS  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 SECTION ELEV-
EN HUNDRED SEVENTY OF THIS ARTICLE PURSUANT TO THIS SECTION, THE  REGIS-
TRATION  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 PERSON 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  POLI-
TICAL  SUBDIVISION,  OR BY ANY OTHER ENTITY AUTHORIZED BY SUCH POLITICAL
SUBDIVISION TO PREPARE AND MAIL SUCH NOTIFICATION OF VIOLATION.
  (H) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS  SECTION
SHALL  BE  BY  THE  COURT  HAVING JURISDICTION OVER TRAFFIC INFRACTIONS,
EXCEPT THAT IF SUCH POLITICAL SUBDIVISION HAS ESTABLISHED AN ADMINISTRA-
TIVE TRIBUNAL TO HEAR AND DETERMINE COMPLAINTS  OF  TRAFFIC  INFRACTIONS
CONSTITUTING  PARKING,  STANDING  OR  STOPPING VIOLATIONS SUCH POLITICAL
SUBDIVISION MAY, BY LOCAL  LAW,  AUTHORIZE  SUCH  ADJUDICATION  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  A
LAW  ENFORCEMENT  AGENCY  AS  HAVING  BEEN  STOLEN,  IT SHALL BE A VALID
DEFENSE TO AN ALLEGATION OF LIABILITY FOR A VIOLATION OF SECTION  ELEVEN
HUNDRED  SEVENTY OF THIS ARTICLE 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. FOR PURPOSES
OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION IT SHALL BE SUFFI-
CIENT  THAT A CERTIFIED COPY OF A POLICE REPORT ON THE STOLEN VEHICLE BE
SENT BY FIRST CLASS MAIL TO THE COURT  HAVING  JURISDICTION  OR  PARKING
VIOLATIONS BUREAU.
  (J) 1. IN SUCH POLITICAL SUBDIVISION WHERE THE ADJUDICATION OF LIABIL-
ITY  IMPOSED  UPON  OWNERS PURSUANT TO THIS SECTION IS BY A COURT HAVING
JURISDICTION, AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF

A. 4795--C                          4

LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION (G) OF THIS  SECTION  SHALL
NOT  BE  LIABLE  FOR  THE VIOLATION OF SECTION ELEVEN HUNDRED SEVENTY OF
THIS ARTICLE, PROVIDED THAT HE OR SHE SENDS TO THE COURT  HAVING  JURIS-
DICTION  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 COURT OF THE DATE AND TIME OF SUCH  VIOLATION,
TOGETHER  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  SECTION
ELEVEN  HUNDRED  SEVENTY  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 SUCH POLITICAL SUBDIVISION WHICH HAS AUTHORIZED THE ADJUDI-
CATION 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 SECTION ELEVEN HUNDRED
SEVENTY 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
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) 1. IF THE OWNER LIABLE FOR A VIOLATION OF SECTION  ELEVEN  HUNDRED
SEVENTY 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.
  2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO OWNER OF  A
VEHICLE  SHALL  BE  SUBJECT  TO A MONETARY FINE IMPOSED PURSUANT TO THIS
SECTION IF THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH-
OUT THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR FAILED TO OBEY  A
RAILROAD  SIGN  OR  SIGNAL  INDICATING  THE  APPROACH  OF A TRAIN.   FOR
PURPOSES OF THIS SUBDIVISION THERE SHALL BE A PRESUMPTION THAT THE OPER-
ATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH THE CONSENT OF  THE
OWNER AT THE TIME SUCH OPERATOR FAILED TO OBEY A RAILROAD SIGN OR SIGNAL
INDICATING THE APPROACH OF A TRAIN.

A. 4795--C                          5

  (L)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF SECTION ELEVEN  HUNDRED
SEVENTY OF THIS ARTICLE.
  (M)  IN  ANY  SUCH  POLITICAL SUBDIVISION WHICH ADOPTS A DEMONSTRATION
PROGRAM PURSUANT TO SUBDIVISION (A)  OF  THIS  SECTION,  SUCH  POLITICAL
SUBDIVISION SHALL SUBMIT AN ANNUAL REPORT ON THE RESULTS OF THE USE OF A
RAILROAD  GRADE CROSSING PHOTO VIOLATION-MONITORING SYSTEM TO THE GOVER-
NOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEM-
BLY ON OR BEFORE JUNE FIRST, TWO THOUSAND NINETEEN AND ON THE SAME  DATE
IN  EACH SUCCEEDING YEAR IN WHICH THE DEMONSTRATION PROGRAM IS OPERABLE.
SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:
  1. A DESCRIPTION OF THE LOCATIONS WHERE RAILROAD GRADE CROSSING  PHOTO
VIOLATION-MONITORING SYSTEMS WERE USED;
  2.  THE  AGGREGATE  NUMBER, TYPE AND SEVERITY OF ACCIDENTS REPORTED AT
INTERSECTIONS WHERE A RAILROAD GRADE CROSSING PHOTO VIOLATION-MONITORING
SYSTEM IS USED FOR THE YEAR PRECEDING THE INSTALLATION OF  SUCH  SYSTEM,
TO THE EXTENT THE INFORMATION IS MAINTAINED BY THE DEPARTMENT;
  3.  THE  AGGREGATE  NUMBER, TYPE AND SEVERITY OF ACCIDENTS REPORTED AT
INTERSECTIONS WHERE A RAILROAD GRADE CROSSING PHOTO VIOLATION-MONITORING
SYSTEM IS USED, TO THE EXTENT  THE  INFORMATION  IS  MAINTAINED  BY  THE
DEPARTMENT;
  4.  THE  NUMBER  OF  VIOLATIONS  RECORDED AT EACH INTERSECTION WHERE A
RAILROAD GRADE CROSSING PHOTO VIOLATION-MONITORING SYSTEM IS USED AND IN
THE AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS;
  5. THE TOTAL NUMBER OF NOTICES  OF  LIABILITY  ISSUED  FOR  VIOLATIONS
RECORDED BY SUCH SYSTEMS;
  6.  THE  NUMBER  OF  FINES  AND TOTAL AMOUNT OF FINES PAID AFTER FIRST
NOTICE OF LIABILITY ISSUED FOR VIOLATIONS RECORDED BY SUCH SYSTEMS;
  7. THE NUMBER OF VIOLATIONS ADJUDICATED AND RESULTS  OF  SUCH  ADJUDI-
CATIONS   INCLUDING  BREAKDOWNS  OF  DISPOSITIONS  MADE  FOR  VIOLATIONS
RECORDED BY SUCH SYSTEMS;
  8. THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH POLITICAL  SUBDIVISION
FROM SUCH ADJUDICATIONS;
  9.  EXPENSES INCURRED BY SUCH POLITICAL SUBDIVISION IN CONNECTION WITH
THE PROGRAM; AND
  10. QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
  (N) IT SHALL BE A DEFENSE  TO  ANY  PROSECUTION  FOR  A  VIOLATION  OF
SECTION  ELEVEN  HUNDRED SEVENTY OF THIS ARTICLE PURSUANT TO A LOCAL LAW
OR ORDINANCE ADOPTED PURSUANT TO THIS SECTION THAT THE  RAILROAD  SIGNAL
INDICATIONS WERE MALFUNCTIONING AT THE TIME OF THE ALLEGED VIOLATION.
  § 3. Subdivision 2 of section 87 of the public officers law is amended
by adding a new paragraph (p) to read as follows:
  (P)  ARE  PHOTOGRAPHS,  MICROPHOTOGRAPHS,  VIDEOTAPE OR OTHER RECORDED
IMAGES PREPARED UNDER THE AUTHORITY OF SECTION ELEVEN HUNDRED  SEVENTY-A
OF THE VEHICLE AND TRAFFIC LAW.
  §  4.  This  act shall take effect on the thirtieth day after it shall
have become a law, and shall expire and be deemed repealed 5 years after
such effective date.

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assembly Bill A4795C

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