S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    493
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to truck weight
   photo-monitoring systems in cities with a population of one million or
   more

   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 1642-b to read as follows:
   § 1642-B. OWNER LIABILITY FOR  FAILURE  OF  OPERATOR  TO  COMPLY  WITH
 NO-THRU  TRUCK  INDICATIONS.  (A) NOTWITHSTANDING ANY OTHER PROVISION OF
 LAW, EACH CITY WITH A POPULATION  OF  ONE  MILLION  OR  MORE  IS  HEREBY
 AUTHORIZED  AND  EMPOWERED  TO  ADOPT AND AMEND A LOCAL LAW OR ORDINANCE
 ESTABLISHING A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON  THE
 OWNER  OF  A  VEHICLE  FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH
 NO-THRU TRUCK INDICATIONS IN SUCH CITY IN ACCORDANCE WITH THE PROVISIONS
 OF THIS SECTION. SUCH DEMONSTRATION PROGRAM  SHALL  EMPOWER  A  CITY  TO
 INSTALL  AND  OPERATE  TRUCK  WEIGHT PHOTO-MONITORING DEVICES AT NO MORE
 THAN FIFTY INTERSECTIONS WITHIN SUCH CITY AT ANY ONE TIME.
   (B) IN ANY CITY WHICH HAS ADOPTED A LOCAL LAW OR ORDINANCE PURSUANT TO
 SUBDIVISION (A) 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  DRIVING  THROUGH  A  PROHIBITED  NO-TRUCK ZONE DESIGNATED
 PURSUANT TO SUBDIVISION (F) OF SECTION EIGHTEEN HUNDRED OF THIS CHAPTER,
 AND SUCH VIOLATION IS EVIDENCED BY INFORMATION  OBTAINED  FROM  A  TRUCK
 WEIGHT  VIOLATION-MONITORING SYSTEM; PROVIDED HOWEVER THAT NO OWNER OF A
 VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED PURSUANT TO  THIS  SECTION
 WHERE  THE OPERATOR OF SUCH VEHICLE HAS BEEN CONVICTED OF THE UNDERLYING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00504-01-7

 S. 493                              2
 
 VIOLATION OF SUBDIVISION (F) OF SECTION EIGHTEEN HUNDRED OF  THIS  CHAP-
 TER.
   (C)  FOR  PURPOSES  OF  THIS  SECTION,  "OWNER" SHALL HAVE THE MEANING
 PROVIDED IN ARTICLE TWO-B OF THIS CHAPTER. FOR PURPOSES OF THIS SECTION,
 "TRUCK WEIGHT VIOLATION-MONITORING SYSTEM" SHALL MEAN A  VEHICLE  SENSOR
 INSTALLED  TO  WORK  IN  CONJUNCTION WITH A VEHICLE SCALE WHICH AUTOMAT-
 ICALLY 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 SUBDIVISION (F) OF SECTION EIGHTEEN
 HUNDRED OF THIS CHAPTER.
   (D) A CERTIFICATE, SWORN TO OR AFFIRMED BY A  TECHNICIAN  EMPLOYED  BY
 THE  CITY IN WHICH THE CHARGED VIOLATION OCCURRED, OR A FACSIMILE THERE-
 OF, BASED UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR
 OTHER RECORDED IMAGES PRODUCED BY A  TRUCK  WEIGHT  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 OR ORDINANCE ADOPTED PURSUANT TO THIS SECTION.
   (E)  AN  OWNER  LIABLE  FOR  A VIOLATION OF SUBDIVISION (F) OF SECTION
 EIGHTEEN HUNDRED OF THIS CHAPTER PURSUANT TO A LOCAL  LAW  OR  ORDINANCE
 ADOPTED  PURSUANT TO THIS SECTION SHALL BE LIABLE FOR MONETARY PENALTIES
 IN ACCORDANCE WITH A SCHEDULE OF FINES AND PENALTIES TO BE SET FORTH  IN
 SUCH  LOCAL LAW OR ORDINANCE, EXCEPT THAT IN A CITY WHICH, BY LOCAL LAW,
 HAS AUTHORIZED THE ADJUDICATION OF SUCH OWNER  LIABILITY  BY  A  PARKING
 VIOLATIONS  BUREAU,  SUCH  SCHEDULE SHALL BE PROMULGATED BY SUCH BUREAU.
 THE LIABILITY OF THE OWNER PURSUANT TO THIS  SECTION  SHALL  NOT  EXCEED
 FIFTY DOLLARS FOR EACH VIOLATION; PROVIDED, HOWEVER, THAT SUCH LOCAL LAW
 OR  ORDINANCE  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 TIME PERIOD.
   (F)  AN IMPOSITION OF LIABILITY UNDER A LOCAL LAW OR ORDINANCE 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  SUBDIVISION
 (F)  OF  SECTION  EIGHTEEN  HUNDRED  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 BUSI-
 NESS 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 SUBDIVISION
 (F) OF SECTION  EIGHTEEN  HUNDRED  OF  THIS  CHAPTER  PURSUANT  TO  THIS
 SECTION,  THE  REGISTRATION  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 PERSONS CHARGED THAT FAILURE TO  CONTEST
 IN  THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF LIABIL-
 ITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.

 S. 493                              3
 
   4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED  BY  THE  CITY
 HAVING  JURISDICTION OVER THE INTERSECTION WHERE THE VIOLATION OCCURRED,
 OR BY ANY OTHER ENTITY AUTHORIZED BY THE CITY TO PREPARE AND  MAIL  SUCH
 NOTIFICATION OF VIOLATION.
   (H)  ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION
 SHALL BE BY A TRAFFIC VIOLATIONS BUREAU ESTABLISHED PURSUANT TO  SECTION
 THREE HUNDRED SEVENTY OF THE GENERAL MUNICIPAL LAW OR, IF THERE BE NONE,
 BY  THE  COURT HAVING JURISDICTION OVER TRAFFIC INFRACTIONS, EXCEPT THAT
 ANY CITY WHICH HAS ESTABLISHED AN ADMINISTRATIVE TRIBUNAL  TO  HEAR  AND
 DETERMINE COMPLAINTS OF TRAFFIC INFRACTIONS CONSTITUTING PARKING, STAND-
 ING  OR  STOPPING  VIOLATIONS  MAY, BY LOCAL LAW, AUTHORIZE SUCH ADJUDI-
 CATION 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 THE
 POLICE  DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE A VALID DEFENSE TO
 AN ALLEGATION OF LIABILITY FOR A VIOLATION OF SUBDIVISION (F) OF SECTION
 EIGHTEEN HUNDRED 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; OR THAT THE
 VEHICLE WAS MAKING A LEGITIMATE DELIVERY WITHIN THE AREA.  FOR  PURPOSES
 OF  ASSERTING  THE  DEFENSES  PROVIDED  BY  THIS SUBDIVISION IT SHALL BE
 SUFFICIENT THAT A CERTIFIED COPY OF THE  POLICE  REPORT  ON  THE  STOLEN
 VEHICLE  OR A COPY OF AN INVOICE OR SOME OTHER PROOF OF DELIVERY BE SENT
 BY FIRST CLASS MAIL TO  THE  TRAFFIC  VIOLATIONS  BUREAU,  COURT  HAVING
 JURISDICTION OR PARKING VIOLATIONS BUREAU.
   (J)  1.  IN  A  CITY  WHERE THE ADJUDICATION OF LIABILITY IMPOSED UPON
 OWNERS PURSUANT TO THIS SECTION IS BY A TRAFFIC VIOLATIONS BUREAU  OR  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 SUBDIVISION (F) OF
 SECTION  EIGHTEEN HUNDRED OF THIS CHAPTER, PROVIDED THAT HE OR SHE SENDS
 TO THE TRAFFIC VIOLATIONS BUREAU OR COURT HAVING JURISDICTION 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 BUREAU OR COURT OF THE DATE AND TIME  OF  SUCH  VIOLATION,  TOGETHER
 WITH  THE  OTHER INFORMATION CONTAINED IN THE ORIGINAL NOTICE OF LIABIL-
 ITY. 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  PARA-
 GRAPH, 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  SUBDIVISION  (F)  OF
 SECTION  EIGHTEEN  HUNDRED  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 A CITY WHICH, BY LOCAL LAW, 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 SUBDIVISION (F) OF  SECTION  EIGHTEEN
 HUNDRED 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

 S. 493                              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) IF THE OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (F) OF  SECTION
 EIGHTEEN  HUNDRED  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.
   (L)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
 OF AN OPERATOR OF A VEHICLE FOR ANY  VIOLATION  OF  SUBDIVISION  (F)  OF
 SECTION EIGHTEEN HUNDRED OF THIS CHAPTER.
   (M)  IN  ANY  CITY  WHICH  ADOPTS  A DEMONSTRATION PROGRAM PURSUANT TO
 SUBDIVISION (A) OF THIS SECTION, SUCH CITY SHALL SUBMIT A REPORT ON  THE
 RESULTS  OF  THE  USE  OF  A TRUCK WEIGHT PHOTO-MONITORING SYSTEM TO THE
 GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER  OF  THE
 ASSEMBLY BY MARCH FIRST, TWO THOUSAND TWENTY. SUCH REPORT SHALL INCLUDE,
 BUT NOT BE LIMITED TO:
   1.  A DESCRIPTION OF THE LOCATIONS WHERE TRUCK WEIGHT PHOTO-MONITORING
 SYSTEMS WERE USED;
   2. THE NUMBER OF VIOLATIONS RECORDED AT EACH INTERSECTION AND  IN  THE
 AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS;
   3. THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED;
   4.  THE  NUMBER  OF  FINES  AND TOTAL AMOUNT OF FINES PAID AFTER FIRST
 NOTICE OF LIABILITY;
   5. THE NUMBER OF VIOLATIONS ADJUDICATED AND RESULTS  OF  SUCH  ADJUDI-
 CATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE;
   6. THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH CITY; AND
   7. QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
   § 2. This act shall take effect on the one hundred eightieth day after
 it  shall  have become a law. Effective immediately the addition, amend-
 ment, and/or repeal of any rule or regulation necessary for  the  timely
 implementation of this act on its effective date is hereby authorized to
 be made on or before such effective date.