NY State Senate Bill S2303C

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

Votes

Bill Amendments

Original

C (Active)

Original

C (Active)

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
2021-2022: S252, A7333
2023-2024: S527

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

 BILL NUMBER:  S2303

 TITLE OF BILL :  An act to amend the vehicle and traffic law and the
public officers law, in relation to authorizing local authorities to
establish demonstration programs, implementing railroad grade crossing
monitoring systems by means of photo devices

 PURPOSE :

This bill would allow any local authority to adopt a local law to
implement a program to install and operate railroad grade crossing
photo violation-monitoring devices at any railroad sign or signal.

 SUMMARY OF PROVISIONS :

Section one amends the vehicle and traffic law by adding a new section
135-a to define railroad grade crossing as a location where railroad
tracks intersect a public or private highway, roadway or sidewalk.

Section two amends the vehicle and traffic law by adding a new section
1170-a to establish a demonstration program imposing monetary
liability on the owner of a vehicle for failure of an operator to
comply with section eleven hundred seventy of this article regarding
obedience to signal indicating approach of train. The liability of the
owner shall not exceed one hundred dollars for each violation;
however, the adjudicating authority may provide for an additional

penalty not in excess of twenty-five dollars for each violation for
the failure to respond to a notice of liability within the prescribed
period of time

The demonstration program will utilize necessary technologies to
ensure 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.  However, a
notice of liability will not be dismissed solely because a
photograph(s) allows for the identification of the contents of a
vehicle.

Furthermore, notices of liability are not deemed a conviction as an
operator, so they would result in no points on the owner's driver
license, nor are they used for motor vehicle insurance purposes. The
bill specifies the procedure required to provide notices of liability
to the owner of the vehicle, as well as the required information
contained on the notices. It shall be a defense to liability that the
vehicle was reported to police as stolen prior to the time the
violation occurred, and that the railroad signal indications were
malfunctioning at the time of the alleged violation.

Additionally, any local authority which adopts a demonstration program
must submit an annual report on the result 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 1, 2019, and on the same date in each succeeding year
the program is operable. The report must include, but is not limited
to, the following: a description of the locations where railroad grade
crossing photo violation-monitoring systems were used; the 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 the system; the number, type
and severity of accidents reported at the intersections where a
railroad grade crossing photo violation-monitoring system is used; 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; the total number of
notices of liability issued for violations recorded by the system; the
number of fines and total amount of fines paid after first notice of
liability issued for violations recorded by such system; the number of
violations adjudicated and result of such adjudications including
breakdowns of dispositions made for violations recorded by such
systems; the total amount of revenue realized by such local authority
from such adjudications; expenses incurred by such local authority in
connection with the program; and quality of the adjudication process
and its results.

Section three amends the public officers law to state that the
photographs, microphotographs, videotapes or other recorded images
prepared by the railroad grade crossing photo violation-monitoring
system may not be subject to FOIL requests.

Section four establishes the effective date.

 JUSTIFICATION :

According to Federal Railroad Administration data, accidents at
railroad grade crossings have decreased over the past decade, except
within the borders of the Empire State. Federal data documents that
from 2004-2014 there have been 371 collisions resulting in 63 deaths
and 137 injuries. In 2013 alone there were a total of 28 accidents on
the state's three most prominent commuter rail lines. It has become
increasingly apparent that there is a substantial need for increased
safety measures at railroad grade crossings in the state.

In February of 2015, a northbound Metro-North Railroad passenger train
collided with a sports utility vehicle which had stopped on the
tracks. This tragic accident resulted in the deaths of five passengers
and the driver of the vehicle. The presence of warning devices such as
flashing lights, signs and gates have helped to reduce the number of
catastrophes such as the February crash, but have failed to adequately
deter drivers from failing to adhere to these crucial safety measures.

Additionally, on May 4, 2015, a school bus at Roaring Brook Road
railroad crossing in Westchester County stopped only inches from the
tracks leaving just enough clearance from the passing train to avoid
an accident; however, the driver failed to leave enough room for the
lowering gate causing the bus to become trapped. Since March 2014,
there were thirty-eight tickets issued at this specific crossing for
driving violations. These near miss situations bring much needed
attention to the fact that aggressive or distracted drivers are
failing to comply with safety laws at railroad grade crossings.

This piece of legislation would aid in the effort to decrease the
incidences of vehicular accidents at railroad grade crossings by
providing a mechanism, at the local authorities' option, to deter
driving violations which result in these horrific and costly
collisions. Utilizing the same technology as red light cameras,
railroad grade crossing violation-monitoring systems will fine drivers
who fail to adhere to safety signals indicating an approaching train.
This will incentivize drivers to pay particular attention to signs
indicating appropriate stopping distances from railroad crossings and
thereby prevent serious and deadly accidents.

 LEGISLATIVE HISTORY :

2015-2016: S.5238A - Unanimously passed the Senate

 FISCAL IMPLICATIONS :

None to the state

 EFFECTIVE DATE :
This law shall take effect on the thirtieth day after it shall have
become a law.

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.

                                                           LBD02329-03-7

S. 2303                             2

OF THIS SECTION, THE OWNER OF A VEHICLE SHALL BE LIABLE  FOR  A  PENALTY
IMPOSED  PURSUANT  TO  THIS SECTION IF SUCH VEHICLE WAS USED OR OPERATED
WITH THE PERMISSION OF THE OWNER, EXPRESS OR IMPLIED,  IN  VIOLATION  OF
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.

S. 2303                             3

  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  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

S. 2303                             4

  (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.
  (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;

S. 2303                             5

  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 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

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
2021-2022: S252, A7333
2023-2024: S527

S2303A - Summary

S2303A - Sponsor Memo

 BILL NUMBER:  S2303A

 TITLE OF BILL :  An act to amend the vehicle and traffic law and the
public officers law, in relation to authorizing political subdivisions
and commuter railroads to establish demonstration programs,
implementing railroad grade crossing monitoring systems by means of
photo devices

 PURPOSE :

This bill would authorize political subdivisions and commuter
railroads to establish a demonstration program to install and operate
railroad grade crossing photo violation-monitoring devices at railroad
signs or signals within their jurisdiction.

 SUMMARY OF PROVISIONS :

Section one amends the vehicle and traffic law by adding a new section
1170-a to establish a demonstration program imposing monetary
liability on the owner of a vehicle for failure of an operator to
comply with section eleven hundred seventy of this article regarding
obedience to signal indicating approach of train. The demonstration
program will 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 the
devices will be borne by the political subdivision, a commuter

railroad operating in the political subdivision, or a combination of
both through a memorandum of understanding. The owner liable for a
violation of § 1170 of the Vehicle and Traffic law will be liable for
monetary penalties not to exceed $250 for each violation.
Adjudication of liability will be by the court having jurisdiction
over traffic infractions.

Furthermore, notices of liability are not deemed a conviction as an
operator, so they would result in no points on the owner's driver
license, nor are they used for motor vehicle insurance purposes. It
shall be a defense to liability that the vehicle was reported to
police as stolen prior to the time the violation occurred, and an
affirmative defense that the railroad signal indications were
malfunctioning at the time of the alleged violation.

Additionally, any local authority which adopts a demonstration program
must submit an annual report on the result 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 1, 2019, and on the same date in each succeeding year
the program is operable. The report must include, but is not limited
to, the following: a description of the locations where railroad grade
crossing photo violation-monitoring systems were used; the 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 the system; the number, type
and severity of accidents reported at the intersections where a
railroad grade crossing photo violation-monitoring system is used; 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; the total number of
notices of liability issued for violations recorded by the system; the
number of fines and total amount of fines paid after first notice of
liability issued for violations recorded by such system; the number of
violations adjudicated and result of such adjudications including
breakdowns of dispositions made for violations recorded by such
systems; the total amount of revenue realized by such local authority
from such adjudications; expenses incurred by such local authority in
connection with the program; and quality of the adjudication process
and its results.
Section two amends the vehicle and traffic law by added a new section
1633 regarding railroad grade crossing enforcement of the
demonstration program. These provisions authorize the MTA to implement
this demonstration program. This authorizing language provides the
same provisions established in section one that are applicable to
political subdivisions.

Section three amends the opening paragraph of subdivision 1 of section
1803 of the vehicle and traffic law regarding disposition of fines and
forfeitures to include newly established section 1633 of the vehicle
and traffic law.

Section four amends section 1803 of the vehicle and traffic law by
adding a new subdivision 10 to state that where a commuter railroad
establishes a railroad grade-crossing demonstration program, all
fines, penalties and forfeitures collected will be paid to the city,
village, town or suburban town having jurisdiction of the railroad
grade crossing.

Section five amends the public officers law to state that the
photographs, microphotographs, videotapes or other recorded images
prepared by the railroad grade crossing photo violation-monitoring
system may not be subject to FOIL requests.

Section six establishes the effective date.

 JUSTIFICATION :

According to Federal Railroad Administration data, accidents at
railroad grade crossings have decreased over the past decade, except
within the borders of the Empire State. Federal data documents that
from 2004-2014 there have been 371 collisions resulting in 63 deaths
and 137 injuries. In 2013 alone there were a total of 28 accidents on
the state's three most prominent commuter rail lines. It has become
increasingly apparent that there is a substantial need for increased
safety measures at railroad grade crossings in the state.

In February of 2015, a northbound Metro-North Railroad passenger train
collided with a sports utility vehicle which had stopped on the
tracks. This tragic accident resulted in the deaths of five passengers
and the driver of the vehicle. The presence of warning devices such as
flashing lights, signs and gates have helped to reduce the number of
catastrophes such as the February crash, but have failed to adequately
deter drivers from failing to adhere to these crucial safety measures.

Additionally, on May 4, 2015, a school bus at Roaring Brook Road
railroad crossing in Westchester County stopped only inches from the
tracks leaving just enough clearance from the passing train to avoid
an accident; however, the driver failed to leave enough room for the
lowering gate causing the bus to become trapped. Since March 2014,
there were thirty-eight tickets issued at this specific crossing for
driving violations. These near miss situations bring much needed
attention to the fact that aggressive or distracted drivers are
failing to comply with safety laws at railroad grade crossings.

This piece of legislation would aid in the effort to decrease the
incidences of vehicular accidents at railroad grade crossings by
providing a mechanism for municipalities and the commuter railroad to
deter driving violations, which result in these horrific and costly
collisions. Utilizing the same technology as red light cameras,
railroad grade crossing violation-monitoring systems will fine drivers
who fail to adhere to safety signals indicating an approaching train.
This will incentivize drivers to pay particular attention to signs
indicating appropriate stopping distances from railroad crossings and
thereby prevent serious and deadly accidents.

 LEGISLATIVE HISTORY :

2015-2016: S.5238A - Unanimously passed the Senate

 FISCAL IMPLICATIONS :

Minimal.

 EFFECTIVE DATE :
This law shall take effect on the thirtieth day after it shall have
become a law.

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

                      [ ] is old law to be omitted.
                                                           LBD02329-04-7

S. 2303--A                          2

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, 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

S. 2303--A                          3

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-
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

S. 2303--A                          4

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 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

S. 2303--A                          5

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  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-

S. 2303--A                          6

CLE, PROVIDED THAT THE COMMUTER RAILROAD HAS MADE A REASONABLE EFFORT TO
COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH.
  (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.

S. 2303--A                          7

  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-
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

S. 2303--A                          8

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)  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

S. 2303--A                          9

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  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

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
2021-2022: S252, A7333
2023-2024: S527

S2303B - Summary

S2303B - Sponsor Memo

 BILL NUMBER:  S2303B

 TITLE OF BILL :  An act to amend the vehicle and traffic law and the
public officers law, in relation to authorizing political subdivisions
to establish demonstration programs, implementing railroad grade
crossing monitoring systems by means of photo devices; and providing
for the repeal of such provisions upon expiration thereof

 PURPOSE :

This bill would authorize political subdivisions to establish a
demonstration program to install and operate railroad grade crossing
photo violation-monitoring devices at railroad signs or signals within
their jurisdiction.

 SUMMARY OF PROVISIONS :

Section one amends the vehicle and traffic law by adding a new section
135-a to define railroad grade crossing as a location where railroad
tracks intersect a public or private highway, roadway or sidewalk.

Section two amends the vehicle and traffic law by adding a new section
1170-a to establish a demonstration program imposing monetary
liability on the owner of a vehicle for failure of an operator to
comply with section eleven hundred seventy of this article regarding
obedience to signal indicating approach of train. The liability of the

owner shall not exceed one hundred dollars for each violation;
however, the adjudicating political subdivision may provide for an
additional penalty not in excess of twenty five dollars for each
violation for the failure to respond to a notice of liability within
the prescribed period of time. Further, section two establishes that
the political subdivision, a commuter railroad operating within the
political subdivision, or a combination of both, may be responsible
for the cost of such photo-violation monitoring devices in accordance
with the law or a legal document as it's understood.

The demonstration program will utilize necessary technologies to
ensure 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.  However, a
notice of liability will not be dismissed solely because a
photograph(s) allows for the identification of the contents of a
vehicle.

Furthermore, notices of liability are not deemed a conviction as an
operator, so they would result in no points on the owner's driving
license, nor are they used for motor vehicle insurance purposes. The
bill specifies the procedure required to provide notices of liability
to the owner of the vehicle, as well as the required information
contained on the notices. It shall be a defense to liability that the
vehicle was reported to police as stolen prior to the time the
violation occurred, and that the railroad signal indications were
malfunctioning at the time of the alleged violation.

Additionally, any political subdivision which adopts a demonstration
program must submit an annual report on the result 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 1, 2018, and on the same date in each
succeeding year the program is operable. The report must include, but
is not limited to, the following: a description of the locations where
railroad grade crossing photo violation-monitoring systems were used;
the 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 the system; the
number, type and severity of accidents reported at the intersections
where a railroad grade crossing photo violation-monitoring system is
used; 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; the total
number of notices of liability issued for violations recorded by the
system; the number of fines and total amount of fines paid after first
notice of liability issued for violations recorded by such system; the
number of violations adjudicated and result of such adjudications
including breakdowns of dispositions made for violations recorded by
such systems; the total amount of revenue realized by such political
subdivision from such adjudications; expenses incurred by such
political subdivision in connection with the program; and quality of
the adjudication process and its results.

Section three amends the public officers law to state that the
photographs, microphotographs, videotapes or other recorded images
prepared by the railroad grade crossing photo violation-monitoring
system may not be subject to FOIL requests.

Section four establishes the effective date.

 JUSTIFICATION :

According to Federal Railroad Administration data, accidents at
railroad grade crossings have decreased over the past decade, except
within the borders of the Empire State. Federal data documents that
from 2004-2014 there have been 371 collisions resulting in 63 deaths
and 137 injuries. In 2013 alone there were a total of 28 accidents on
the state's three most prominent commuter rail lines. It has become
increasingly apparent that there is a substantial need for increased
safety measures at railroad grade crossings in the state.

In February of 2015, a northbound Metro-North Railroad passenger train
collided with a sports utility vehicle which had stopped on the
tracks. This tragic accident resulted in the deaths of five passengers
and the driver of the vehicle. The presence of warning devices such as
flashing lights, signs and gates have helped to reduce the number of
catastrophes such as the February crash, but have failed to adequately
deter drivers from failing to adhere to these crucial safety measures.

Additionally, on May 4, 2015, a school bus at Roaring Brook Road
railroad crossing in Westchester County stopped only inches from the
tracks leaving just enough clearance from the passing train to avoid
an accident; however, the driver failed to leave enough room for the
lowering gate causing the bus to become trapped. Since March 2014,
there were thirty-eight tickets issued at this specific crossing for
driving violations. These near miss situations bring much needed
attention to the fact that aggressive or distracted drivers are
failing to comply with safety laws at railroad grade crossings.

This piece of legislation would aid in the effort to decrease the
incidences of vehicular accidents at railroad grade crossings by
providing a mechanism for municipalities and the commuter railroad to
deter driving violations, which result in these horrific and costly
collisions. Utilizing the same technology as red light cameras,
railroad grade crossing violation-monitoring systems will fine drivers
who fail to adhere to safety signals indicating an approaching train.
This will incentivize drivers to pay particular attention to signs
indicating appropriate stopping distances from railroad crossings and
thereby prevent serious and deadly accidents.

 LEGISLATIVE HISTORY :

2015-2016: S.5238A - Unanimously passed the Senate

 FISCAL IMPLICATIONS :
Minimal.

 EFFECTIVE DATE :
This law shall take effect on the thirtieth day after it shall have
become a law and shall expire and be deemed repealed five years after
such effective date.

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

                      [ ] is old law to be omitted.
                                                           LBD02329-08-7

S. 2303--B                          2

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
PURSUANT  TO  THIS  SECTION  SHALL  BE  LIABLE FOR MONETARY PENALTIES IN

S. 2303--B                          3

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
LIABILITY  WAS  ISSUED PURSUANT TO SUBDIVISION (G) OF THIS SECTION SHALL

S. 2303--B                          4

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.

S. 2303--B                          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 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

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
2021-2022: S252, A7333
2023-2024: S527

S2303C (ACTIVE) - Summary

S2303C (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S2303C

SPONSOR: MURPHY
 
TITLE OF BILL:  An act to amend the vehicle and traffic law and the
public officers law, in relation to authorizing political subdivisions
to establish demonstration programs, implementing railroad grade cross-
ing monitoring systems by means of photo devices; and providing for the
repeal of such provisions upon expiration thereof

 
PURPOSE:

This bill would allow any local authority to adopt a local law to imple-
ment a program to install and operate railroad grade crossing photo
violation-monitoring devices at any railroad sign or signal.

 
SUMMARY OF PROVISIONS:

Section one amends the vehicle and traffic law by adding a new section
135-a to define railroad grade crossing as a location where railroad
tracks intersect a public or private highway, roadway or sidewalk.

Section two amends the vehicle and traffic law by adding a new section
1170-a to establish a demonstration program imposing monetary liability
on the owner of a vehicle for failure of an operator to comply with
section eleven hundred seventy of this article regarding obedience to
signal indicating approach of train. The liability of the owner shall
not exceed one hundred dollars for each violation; however, the adjudi-
cating authority may provide for an additional penalty not in excess of
twenty five dollars for each violation for the failure to respond to a
notice of liability within the prescribed period of time.

The demonstration program will utilize necessary technologies to ensure
that photographs produced by such railroad grade crossing photo viola-
tion-monitoring systems shall not include images that identify the driv-
er, the passengers or the contents of the vehicle.  However, a notice of
liability will not be dismissed solely because a photograph(s) allows
for the identification of the contents of a vehicle.

Furthermore, notices of liability are not deemed a conviction as an
operator, so they would result in no points on the owner's driver
license, nor are they used for motor vehicle insurance purposes. The
bill specifies the procedure required to provide notices of liability to
the owner of the vehicle, as well as the required information contained
on the notices. It shall be a defense to liability that the vehicle was
reported to police as stolen prior to the time the violation occurred,
and that the railroad signal indications were malfunctioning at the time
of the alleged violation.

Additionally, any local authority which adopts a demonstration program
must submit an annual report on the result 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 1, 2019, and on the same date in each succeeding year the
program is operable. The report must include, but is not limited to, the
following: a description of the-locations where railroad grade crossing
photo violation-monitoring systems were used; the number, type and
severity of accidents reported at intersections where a railroad grade
crossing photo violation-monitoring system is used for the year preced-
ing the installation of the system; the number, type and severity of
accidents reported at the intersections where a railroad grade crossing
photo violation-monitoring system is used; 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; the total number of notices of liability
issued for violations recorded by the system; the number of fines and
total amount of fines paid after first notice of liability issued for
violations recorded by such system; the number of violations adjudicated
and result of such adjudications including breakdowns of dispositions
made for violations recorded by such systems; the total amount of reven-
ue realized by such local authority from such adjudications; expenses
incurred by such local authority in connection with the program; and
quality of the adjudication process and its results.

Section three amends the public officers law to state that the photo-
graphs, microphotographs, videotapes or other recorded images prepared
by the railroad grade crossing photo violation-monitoring system may not
be subject to FOIL requests.

 
JUSTIFICATION:

According to Federal Railroad Administration data, accidents at railroad
grade crossings have decreased over the past decade, except within the
borders of the Empire State. Federal data documents that from 2004-2014
there have been 371 collisions resulting in 63 deaths and 137 injuries.
In 2013 alone there were a total of 28 accidents on the state's three
most prominent commuter rail lines. It has become increasingly apparent
that there is a substantial need for increased safety measures at rail-
road grade crossings in the state.

In February of 2015, a northbound Metro-North Railroad passenger train
collided with a sports utility vehicle which had stopped on the tracks.
This tragic accident resulted in the deaths of five passengers and the
driver of the vehicle. The presence of warning devices such as flashing
lights, signs and gates have helped to reduce the number of catastrophes
such as the February crash, but have failed to adequately deter drivers
from failing to adhere to these crucial safety measures.

Additionally, on May 4, 2015, a school bus at Roaring Brook Road rail-
road crossing in Westchester County stopped only inches from the tracks
leaving just enough clearance from the passing train to avoid an acci-
dent; however, the driver failed to leave enough room for the lowering
gate causing the bus to become trapped. Since March 2014, there were
thirty-eight tickets issued at this specific crossing for driving
violations. These near miss situations bring much needed attention to
the fact that aggressive or distracted drivers are failing to comply
with safety laws at railroad grade crossings.

This piece of legislation would aid in the effort to decrease the inci-
dences of vehicular accidents at railroad grade crossings by providing a
mechanism for municipalities and the commuter railroad to deter driving
violations, which result in these horrific and costly collisions.
Utilizing the same technology as red light cameras, railroad grade
crossing violation-monitoring systems will fine drivers who fail to
adhere to safety signals indicating an approaching train. This will
incentivize drivers to pay particular attention to signs indicating
appropriate stopping distances from railroad crossings and thereby
prevent serious and deadly accidents.
 
LEGISLATIVE HISTORY:

2015-2016: S.5238A - Unanimously passed the Senate

 
FISCAL IMPLICATIONS:

Minimal.

 
EFFECTIVE DATE:
This law shall take effect on the thirtieth day after it shall have
become a law.

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.

                                                           LBD02329-10-7

S. 2303--C                          2

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
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.

S. 2303--C                          3

  (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
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.

S. 2303--C                          4

  (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
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-

S. 2303--C                          5

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  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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The New York State Senate

senate Bill S2303C

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Archive: Last Bill Status - In Senate Committee Transportation Committee

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Jun 19, 2017 - floor Vote

Floor Vote: Jun 19, 2017

Feb 14, 2017 - Transportation committee Vote

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S2303 - Details

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S2303B - Details

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senate Bill S2303C

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Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

Your Voice

Actions

Votes

Jun 19, 2017 - floor Vote

Floor Vote: Jun 19, 2017

Feb 14, 2017 - Transportation committee Vote

Committee Vote: Feb 14, 2017

Bill Amendments

Co-Sponsors

S2303 - Details

S2303 - Summary

S2303 - Sponsor Memo

S2303 - Bill Text download pdf

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S2303A - Details

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S2303B - Details

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S2303C (ACTIVE) - Details

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