Senate Bill S2303C

2017-2018 Legislative Session

Authorizes political subdivisions and commuter railroads to establish owner liability for failure of an operator of a motor vehicle to obey a signal indicating the approach of a train

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Archive: Last Bill Status - In Senate Committee Transportation Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2017-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

2017-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.

2017-S2303 - Sponsor Memo

2017-S2303 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2303
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2017
                                ___________
 
 Introduced  by  Sens. MURPHY, CARLUCCI, LARKIN -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Trans-
   portation
 
 AN ACT to amend the vehicle and traffic law and the public officers law,
   in  relation  to  authorizing  local  authorities  to establish demon-
   stration programs, implementing  railroad  grade  crossing  monitoring
   systems by means of photo devices
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The vehicle and traffic law is  amended  by  adding  a  new
 section 1170-a to read as follows:
   § 1170-A. OWNER LIABILITY FOR FAILURE OF OPERATOR TO OBEY SIGNAL INDI-
 CATING APPROACH OF TRAIN.  (A) 1. NOTWITHSTANDING ANY OTHER PROVISION OF
 LAW, ANY LOCAL AUTHORITY IS HEREBY AUTHORIZED AND EMPOWERED TO ADOPT AND
 AMEND  A LOCAL LAW, ORDINANCE OR RESOLUTION ESTABLISHING A DEMONSTRATION
 PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR  FAIL-
 URE OF AN OPERATOR THEREOF TO COMPLY WITH SECTION ELEVEN HUNDRED SEVENTY
 OF  THIS  ARTICLE.  SUCH  DEMONSTRATION  PROGRAM  SHALL  EMPOWER A LOCAL
 AUTHORITY TO INSTALL AND OPERATE RAILROAD GRADE  CROSSING  PHOTO  VIOLA-
 TION-MONITORING DEVICES AT ANY RAILROAD SIGN OR SIGNAL.
   2.  SUCH DEMONSTRATION PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES TO
 ENSURE, TO THE EXTENT PRACTICABLE, THAT  PHOTOGRAPHS  PRODUCED  BY  SUCH
 RAILROAD  GRADE  CROSSING  PHOTO  VIOLATION-MONITORING SYSTEMS SHALL NOT
 INCLUDE IMAGES THAT IDENTIFY THE DRIVER, THE PASSENGERS OR THE  CONTENTS
 OF  THE  VEHICLE.  PROVIDED, HOWEVER, THAT NO NOTICE OF LIABILITY ISSUED
 PURSUANT TO THIS SECTION SHALL BE DISMISSED SOLELY BECAUSE A  PHOTOGRAPH
 OR  PHOTOGRAPHS  ALLOW FOR THE IDENTIFICATION OF THE CONTENTS OF A VEHI-
 CLE, PROVIDED THAT SUCH LOCAL AUTHORITY HAS MADE A REASONABLE EFFORT  TO
 COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH.
   (B)  WITHIN  THE  JURISDICTION  OF  ANY SUCH LOCAL AUTHORITY WHICH HAS
 ADOPTED A LOCAL LAW, ORDINANCE OR RESOLUTION PURSUANT TO SUBDIVISION (A)
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2017-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

2017-S2303A - Summary

Authorizes political subdivisions and commuter railroads to establish owner liability for failure of an operator of a motor vehicle to obey a signal indicating the approach of a train utilizing photo monitoring devices.

2017-S2303A - Sponsor Memo

2017-S2303A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2303--A
     Cal. No. 219
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2017
                                ___________
 
 Introduced  by  Sens. MURPHY, CARLUCCI, LARKIN -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Trans-
   portation  -- reported favorably from said committee, ordered to first
   report, amended on first  report,  ordered  to  a  second  report  and
   ordered reprinted, retaining its place in the order of second report
 
 AN ACT to amend the vehicle and traffic law and the public officers law,
   in  relation  to authorizing political subdivisions and commuter rail-
   roads to establish demonstration programs, implementing railroad grade
   crossing monitoring systems by means of photo devices
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  vehicle  and  traffic law is amended by adding a new
 section 1170-a to read as follows:
   § 1170-A. OWNER LIABILITY FOR FAILURE OF OPERATOR TO OBEY SIGNAL INDI-
 CATING APPROACH OF TRAIN.  (A) 1. NOTWITHSTANDING ANY OTHER PROVISION OF
 LAW, ANY POLITICAL SUBDIVISION IS HEREBY  AUTHORIZED  AND  EMPOWERED  TO
 ADOPT  AND  AMEND  A  LOCAL  LAW, ORDINANCE OR RESOLUTION ESTABLISHING A
 DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY  ON  THE  OWNER  OF  A
 VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SECTION ELEVEN
 HUNDRED  SEVENTY  OF  THIS  ARTICLE.  SUCH  DEMONSTRATION  PROGRAM SHALL
 EMPOWER A POLITICAL SUBDIVISION TO INSTALL AND  OPERATE  RAILROAD  GRADE
 CROSSING  PHOTO  VIOLATION-MONITORING  DEVICES  AT  ANY RAILROAD SIGN OR
 SIGNAL WITHIN ITS JURISDICTION.  THE COST OF SUCH PHOTO  VIOLATION-MONI-
 TORING  DEVICES  MAY  BE  BORNE BY THE POLITICAL SUBDIVISION, A COMMUTER
 RAILROAD OPERATING WITHIN THE POLITICAL SUBDIVISION, OR A COMBINATION OF
 BOTH SUCH POLITICAL SUBDIVISION AND  COMMUTER  RAILROAD  PURSUANT  TO  A
 MEMORANDUM OF UNDERSTANDING.
   2.  SUCH DEMONSTRATION PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES TO
 ENSURE, TO THE EXTENT PRACTICABLE, THAT  PHOTOGRAPHS  PRODUCED  BY  SUCH
 RAILROAD  GRADE  CROSSING  PHOTO  VIOLATION-MONITORING SYSTEMS SHALL NOT
 INCLUDE IMAGES THAT IDENTIFY THE DRIVER, THE PASSENGERS OR THE  CONTENTS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

co-Sponsors

2017-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

2017-S2303B - Summary

Authorizes political subdivisions and commuter railroads to establish owner liability for failure of an operator of a motor vehicle to obey a signal indicating the approach of a train utilizing photo monitoring devices.

2017-S2303B - Sponsor Memo

2017-S2303B - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2303--B
     Cal. No. 219
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2017
                                ___________
 
 Introduced  by  Sens. MURPHY, CARLUCCI, LARKIN -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Trans-
   portation  -- reported favorably from said committee, ordered to first
   report, amended on first  report,  ordered  to  a  second  report  and
   ordered  reprinted,  retaining its place in the order of second report
   -- ordered to a third reading, amended and ordered reprinted,  retain-
   ing its place in the order of third reading
 
 AN ACT to amend the vehicle and traffic law and the public officers law,
   in  relation to authorizing political subdivisions to establish demon-
   stration programs, implementing  railroad  grade  crossing  monitoring
   systems  by  means  of  photo devices; and providing for the repeal of
   such provisions upon expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 135-a of the vehicle and traffic law, as added by
 chapter 501 of the laws of 2016, is amended to read as follows:
   § 135-a. Railroad grade crossing. A location where [a  public  highway
 or  private  road,  including associated sidewalks, crosses one or more]
 railroad tracks [at grade] INTERSECT A PUBLIC OR PRIVATE HIGHWAY,  ROAD-
 WAY OR SIDEWALK.
   §  2.  The  vehicle and traffic law is amended by adding a new section
 1170-a to read as follows:
    § 1170-A. OWNER LIABILITY FOR FAILURE  OF  OPERATOR  TO  OBEY  SIGNAL
 INDICATING  APPROACH  OF  TRAIN.    (A)  1.  NOTWITHSTANDING  ANY  OTHER
 PROVISION OF LAW, ANY POLITICAL SUBDIVISION  IS  HEREBY  AUTHORIZED  AND
 EMPOWERED TO ADOPT AND AMEND A LOCAL LAW, ORDINANCE OR RESOLUTION ESTAB-
 LISHING A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER
 OF  A  VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SECTION
 ELEVEN HUNDRED SEVENTY OF THIS ARTICLE. SUCH DEMONSTRATION PROGRAM SHALL
 EMPOWER A POLITICAL SUBDIVISION TO INSTALL AND  OPERATE  RAILROAD  GRADE
 CROSSING  PHOTO  VIOLATION-MONITORING  DEVICES  AT  ANY RAILROAD SIGN OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

co-Sponsors

2017-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

2017-S2303C (ACTIVE) - Summary

Authorizes political subdivisions and commuter railroads to establish owner liability for failure of an operator of a motor vehicle to obey a signal indicating the approach of a train utilizing photo monitoring devices.

2017-S2303C (ACTIVE) - Sponsor Memo

2017-S2303C (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2303--C
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2017
                                ___________
 
 Introduced  by  Sens. MURPHY, CARLUCCI, LARKIN -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Trans-
   portation  -- reported favorably from said committee, ordered to first
   report, amended on first  report,  ordered  to  a  second  report  and
   ordered  reprinted,  retaining its place in the order of second report
   -- ordered to a third reading, amended and ordered reprinted,  retain-
   ing  its  place  in  the  order of third reading -- recommitted to the
   Committee on Transportation in accordance with Senate Rule 6,  sec.  8
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee
 
 AN ACT to amend the vehicle and traffic law and the public officers law,
   in relation to authorizing political subdivisions to establish  demon-
   stration  programs,  implementing  railroad  grade crossing monitoring
   systems by means of photo devices; and providing  for  the  repeal  of
   such provisions upon expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Section 135-a of the vehicle and traffic law, as added  by
 chapter 501 of the laws of 2016, is amended to read as follows:
   §  135-a.  Railroad grade crossing. A location where [a public highway
 or private road, including associated sidewalks, crosses  one  or  more]
 railroad  tracks [at grade] INTERSECT A PUBLIC OR PRIVATE HIGHWAY, ROAD-
 WAY OR SIDEWALK.
   § 2. The vehicle and traffic law is amended by adding  a  new  section
 1170-a to read as follows:
    §  1170-A.  OWNER  LIABILITY  FOR  FAILURE OF OPERATOR TO OBEY SIGNAL
 INDICATING  APPROACH  OF  TRAIN.    (A)  1.  NOTWITHSTANDING  ANY  OTHER
 PROVISION  OF  LAW,  ANY  POLITICAL SUBDIVISION IS HEREBY AUTHORIZED AND
 EMPOWERED TO ADOPT AND AMEND A LOCAL LAW, ORDINANCE OR RESOLUTION ESTAB-
 LISHING A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER
 OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY  WITH  SECTION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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