senate Bill S2303C

2017-2018 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation 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 (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2018 print number 2303c
Jan 04, 2018 amend and recommit to transportation
Jan 03, 2018 referred to transportation
returned to senate
died in assembly
Jun 19, 2017 referred to transportation
delivered to assembly
passed senate
Jun 05, 2017 amended on third reading (t) 2303b
Mar 01, 2017 advanced to third reading
Feb 28, 2017 2nd report cal.
amended (t) 2303a
Feb 14, 2017 1st report cal.219
Jan 12, 2017 referred to transportation

Co-Sponsors

S2303 - Details

See Assembly Version of this Bill:
A4795
Current Committee:
Senate 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: S5238, A7646
2019-2020: S4089, A6012

S2303 - 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.

S2303 - Sponsor Memo

S2303 - Bill Text download pdf


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

                                  2303

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 12, 2017
                               ___________

Introduced  by  Sens. MURPHY, CARLUCCI, LARKIN -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Trans-
  portation

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)

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

Co-Sponsors

S2303A - Details

See Assembly Version of this Bill:
A4795
Current Committee:
Senate 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: S5238, A7646
2019-2020: S4089, A6012

S2303A - 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.

S2303A - Sponsor Memo

S2303A - Bill Text download pdf


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

                                 2303--A
    Cal. No. 219

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 12, 2017
                               ___________

Introduced  by  Sens. MURPHY, CARLUCCI, LARKIN -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Trans-
  portation  -- reported favorably from said committee, ordered to first
  report, amended on first  report,  ordered  to  a  second  report  and
  ordered reprinted, retaining its place in the order of second report

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Co-Sponsors

S2303B - Details

See Assembly Version of this Bill:
A4795
Current Committee:
Senate 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: S5238, A7646
2019-2020: S4089, A6012

S2303B - 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.

S2303B - Sponsor Memo

S2303B - Bill Text download pdf


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

                                 2303--B
    Cal. No. 219

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 12, 2017
                               ___________

Introduced  by  Sens. MURPHY, CARLUCCI, LARKIN -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Trans-
  portation  -- reported favorably from said committee, ordered to first
  report, amended on first  report,  ordered  to  a  second  report  and
  ordered  reprinted,  retaining its place in the order of second report
  -- ordered to a third reading, amended and ordered reprinted,  retain-
  ing its place in the order of third reading

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Co-Sponsors

S2303C (ACTIVE) - Details

See Assembly Version of this Bill:
A4795
Current Committee:
Senate 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: S5238, A7646
2019-2020: S4089, A6012

S2303C (ACTIVE) - 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.

S2303C (ACTIVE) - Sponsor Memo

S2303C (ACTIVE) - Bill Text download pdf


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

                                 2303--C

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 12, 2017
                               ___________

Introduced  by  Sens. MURPHY, CARLUCCI, LARKIN -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Trans-
  portation  -- reported favorably from said committee, ordered to first
  report, amended on first  report,  ordered  to  a  second  report  and
  ordered  reprinted,  retaining its place in the order of second report
  -- ordered to a third reading, amended and ordered reprinted,  retain-
  ing  its  place  in  the  order of third reading -- recommitted to the
  Committee on Transportation in accordance with Senate Rule 6,  sec.  8
  --  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

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

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