[ ] is old law to be omitted.
LBD15314-01-8
S. 8263 2
times: (A) on school days during school hours and one hour before and
one hour after the school day, and (B) a period during student activ-
ities at the school and up to thirty minutes immediately before and up
to thirty minutes immediately after such student activities. Such demon-
stration program shall empower the counties to install OR DEPLOY photo
speed violation monitoring systems ON THE LONG ISLAND EXPRESSWAY AND
within no more than one school speed zone per school district within
each county at any one time and to operate such systems within such
zones (iii) when a school speed limit is in effect as provided in para-
graphs one and two of subdivision (c) of section eleven hundred eighty
of this article or (iv) when other speed limits are in effect as
provided in subdivision (b), (d), (f) or (g) of section eleven hundred
eighty of this article during the following times: (A) on school days
during school hours and one hour before and one hour after the school
day, and (B) a period during student activities at the school and up to
thirty minutes immediately before and up to thirty minutes immediately
after such student activities. In selecting ZONES ALONG THE LONG ISLAND
EXPRESSWAY AND a school speed zone in which to install and operate a
photo speed violation monitoring system, the counties shall consider
criteria including, but not limited to the speed data, crash history,
and the roadway geometry applicable to such ZONES ALONG THE LONG ISLAND
EXPRESSWAY AND school speed zone.
2. No photo speed violation monitoring system shall be used ON THE
LONG ISLAND EXPRESSWAY AND in a school speed zone unless (i) on the day
it is to be used it has successfully passed a self-test of its func-
tions; and (ii) it has undergone an annual calibration check performed
pursuant to paragraph four of this subdivision. The counties may install
signs giving notice that a photo speed violation monitoring system is in
use to be mounted on advance warning signs notifying motor vehicle oper-
ators of such upcoming [school] speed zone and/or on speed limit signs
applicable within such [school] speed zone, in conformance with stand-
ards established in the MUTCD.
3. Operators of photo speed violation monitoring systems shall have
completed training in the procedures for setting up, testing, and oper-
ating such systems. Each such operator shall complete and sign a daily
set-up log for each such system that he or she operates that (i) states
the date and time when, and the location where, the system was set up
that day, and (ii) states that such operator successfully performed, and
the system passed, the self-tests of such system before producing a
recorded image that day. The counties shall retain each such daily log
until the later of the date on which the photo speed violation monitor-
ing system to which it applies has been permanently removed from use or
the final resolution of all cases involving notices of liability issued
based on photographs, microphotographs, video or other recorded images
produced by such system.
4. Each photo speed violation monitoring system shall undergo an annu-
al calibration check performed by an independent calibration laboratory
which shall issue a signed certificate of calibration. The counties
shall keep each such annual certificate of calibration on file until the
final resolution of all cases involving a notice of liability issued
during such year which were based on photographs, microphotographs,
videotape or other recorded images produced by such photo speed
violation monitoring system.
5. (i) Such demonstration program shall utilize necessary technologies
to ensure, to the extent practicable, that photographs, microphoto-
graphs, videotape or other recorded images produced by such photo speed
S. 8263 3
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 such a photograph, microphotograph,
videotape or other recorded image allows for the identification of the
driver, the passengers, or the contents of vehicles where either county,
as applicable, shows that it made reasonable efforts to comply with the
provisions of this paragraph in such case.
(ii) Photographs, microphotographs, videotape or any other recorded
image from a photo speed violation monitoring system shall be for the
exclusive use of each such county for the purpose of the adjudication of
liability imposed pursuant to this section and of the owner receiving a
notice of liability pursuant to this section, and shall be destroyed by
each such county upon the final resolution of the notice of liability to
which such photographs, microphotographs, videotape or other recorded
images relate, or one year following the date of issuance of such notice
of liability, whichever is later. Notwithstanding the provisions of any
other law, rule or regulation to the contrary, photographs, microphoto-
graphs, videotape or any other recorded image from a photo speed
violation monitoring system shall not be open to the public, nor subject
to civil or criminal process or discovery, nor used by any court or
administrative or adjudicatory body in any action or proceeding therein
except that which is necessary for the adjudication of a notice of
liability issued pursuant to this section, and no public entity or
employee, officer or agent thereof shall disclose such information,
except that such photographs, microphotographs, videotape or any other
recorded images from such systems:
(A) shall be available for inspection and copying and use by the motor
vehicle owner and operator for so long as such photographs, microphoto-
graphs, videotape or other recorded images are required to be maintained
or are maintained by such public entity, employee, officer or agent; and
(B) (1) shall be furnished when described in a search warrant issued
by a court authorized to issue such a search warrant pursuant to article
six hundred ninety of the criminal procedure law or a federal court
authorized to issue such a search warrant under federal law, where such
search warrant states that there is reasonable cause to believe such
information constitutes evidence of, or tends to demonstrate that, a
misdemeanor or felony offense was committed in this state or another
state, or that a particular person participated in the commission of a
misdemeanor or felony offense in this state or another state, provided,
however, that if such offense was against the laws of another state, the
court shall only issue a warrant if the conduct comprising such offense
would, if occurring in this state, constitute a misdemeanor or felony
against the laws of this state; and
(2) shall be furnished in response to a subpoena duces tecum signed by
a judge of competent jurisdiction and issued pursuant to article six
hundred ten of the criminal procedure law or a judge or magistrate of a
federal court authorized to issue such a subpoena duces tecum under
federal law, where the judge finds and the subpoena states that there is
reasonable cause to believe such information is relevant and material to
the prosecution, or the defense, or the investigation by an authorized
law enforcement official, of the alleged commission of a misdemeanor or
felony in this state or another state, provided, however, that if such
offense was against the laws of another state, such judge or magistrate
shall only issue such subpoena if the conduct comprising such offense
S. 8263 4
would, if occurring in this state, constitute a misdemeanor or felony in
this state; and
(3) may, if lawfully obtained pursuant to this clause and clause (A)
of this subparagraph and otherwise admissible, be used in such criminal
action or proceeding.
(b) If the counties of Nassau and Suffolk establish a demonstration
program 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, ON THE LONG ISLAND EXPRESSWAY OR within a school
speed zone in violation of subdivision (c) of section eleven hundred
eighty of this article or during the times authorized pursuant to subdi-
vision (a) of this section in violation of subdivision (b), (d), (f) or
(g) of section eleven hundred eighty of this article, such vehicle was
traveling at a speed of more than FIFTEEN MILES PER HOUR ABOVE THE POST-
ED SPEED LIMIT IN EFFECT ON THE LONG ISLAND EXPRESSWAY OR MORE THAN ten
miles per hour above the posted speed limit in effect within such school
speed zone, and such violation is evidenced by information obtained from
a photo speed 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 violation of subdivision (b), (c), (d), (f) or (g) of
section eleven hundred eighty of this article.
(c) For purposes of this section, the following terms shall have the
following meanings:
1. "manual on uniform traffic control devices" or "MUTCD" shall mean
the manual and specifications for a uniform system of traffic control
devices maintained by the commissioner of transportation pursuant to
section sixteen hundred eighty of this chapter;
2. "owner" shall have the meaning provided in article two-B of this
chapter.
3. "photo speed violation monitoring system" shall mean a vehicle
sensor installed to work in conjunction with a speed measuring device
[which] OR A HANDHELD LIDAR, LIGHT DETECTION AND RANGING, SPEED MEASUR-
ING DEVICE BY A POLICE OFFICER; BOTH OF WHICH WHEN ACTIVATED 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 ON THE LONG ISLAND EXPRESSWAY OR in a school speed zone
in violation of subdivision (b), (c), (d), (f) or (g) of section eleven
hundred eighty of this article in accordance with the provisions of this
section; and
4. "school speed zone" shall mean a distance not to exceed one thou-
sand three hundred twenty feet on a highway passing a school building,
entrance or exit of a school abutting on the highway.
(d) A certificate, sworn to or affirmed by a technician employed by
the counties of Nassau or Suffolk as applicable, or a facsimile thereof,
based upon inspection of photographs, microphotographs, videotape or
other recorded images produced by a photo speed 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 include at least two date and time
stamped images of the FRONT OR rear of the motor vehicle that include
the same stationary object near the motor vehicle and shall be available
for inspection reasonably in advance of and at any proceeding to adjudi-
cate the liability for such violation pursuant to this section.
S. 8263 5
(e) An owner liable for a violation of subdivision (b), (c), (d), (f)
or (g) of section eleven hundred eighty of this article pursuant to a
demonstration program established pursuant to this section shall be
liable for monetary penalties in accordance with a schedule of fines and
penalties to be promulgated by the traffic and parking violations agen-
cies of the counties of Nassau and Suffolk. The liability of the owner
pursuant to this section shall not exceed fifty dollars for each
violation; provided, however, that each such traffic and parking
violations agency 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 the demonstration program estab-
lished 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
(b), (c), (d), (f) or (g) of section eleven hundred eighty of this arti-
cle pursuant to this section, within fourteen business days if such
owner is a resident of this state and within forty-five business days if
such owner is a non-resident. 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 subdivision
(b), (c), (d), (f) or (g) of section eleven hundred eighty of this arti-
cle 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, the identification number of
the camera which recorded the violation or other document locator
number, at least two date and time stamped images of the FRONT OR rear
of the motor vehicle that include the same stationary object near the
motor vehicle, and the certificate charging the liability.
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 prominent warning to advise the person charged that failure to
contest in the manner and time provided shall be deemed an admission of
liability and that a default judgment may be entered thereon.
4. The notice of liability shall be prepared and mailed by the county
of Nassau or Suffolk, as applicable, or by any other entity authorized
by such counties to prepare and mail such notice of liability.
(h) Adjudication of the liability imposed upon owners of this section
shall be by the court having jurisdiction over traffic infractions.
(i) If an owner receives a notice of liability pursuant to this
section for any time period during which the vehicle or the number plate
or plates of such 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 (b), (c), (d), (f) or (g) of
section eleven hundred eighty of this article pursuant to this section
that the vehicle or the number plate or plates of such vehicle 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-
S. 8263 6
cient that a certified copy of the police report on the stolen vehicle
or number plate or plates of such vehicle be sent by first class mail to
the court having jurisdiction in such counties.
(j) An owner who is a lessor of a vehicle to which a notice of liabil-
ity was issued pursuant to subdivision (g) of this section shall not be
liable for the violation of subdivision (b), (c), (d), (f) or (g) of
section eleven hundred eighty of this article, provided that he or she
sends to the 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 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 subdivision (b), (c), (d), (f) or (g) of
section eleven hundred eighty of this article 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 subdivision (c) or (d)
of section eleven hundred eighty 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 operated such
vehicle in violation of subdivision (b), (c), (d), (f) or (g) of section
eleven hundred eighty of this article. For purposes of this subdivision
there shall be a presumption that the operator of such vehicle was oper-
ating such vehicle with the consent of the owner at the time such opera-
tor operated such vehicle in violation of subdivision (b), (c), (d), (f)
or (g) of section eleven hundred eighty 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 subdivision (c) or (d)
of section eleven hundred eighty of this article.
(m) Notwithstanding any law to the contrary, the net proceeds of any
penalty after expenses of administration, resulting from a photo speed
violation monitoring system used in the course of this program located
on a village maintained street or highway within the county of Nassau
shall inure to said village.
(n) If either county adopts a demonstration program pursuant to this
section it shall conduct a study and submit a report on the results of
the use of photo devices to the governor, the temporary president of the
senate and the speaker of the assembly. Such report shall include:
1. the locations where and dates when photo speed violation monitoring
systems were used;
2. the aggregate number, type and severity of crashes, fatalities,
injuries and property damage reported ALONG THE LONG ISLAND EXPRESSWAY
AND within all school speed zones within such county, to the extent the
information is maintained by the department of motor vehicles of this
state;
S. 8263 7
3. the aggregate number, type and severity of crashes, fatalities,
injuries and property damage reported ALONG THE LONG ISLAND EXPRESSWAY
AND within school speed zones where photo speed violation monitoring
systems were used, to the extent the information is maintained by the
department of motor vehicles of this state;
4. the number of violations recorded ALONG THE LONG ISLAND EXPRESSWAY
AND within all school speed zones within such county, in the aggregate
on a daily, weekly and monthly basis;
5. the number of violations recorded ALONG THE LONG ISLAND EXPRESSWAY
AND within each school speed zone where a photo speed violation monitor-
ing system is used, in the aggregate on a daily, weekly and monthly
basis;
6. the number of violations recorded ALONG THE LONG ISLAND EXPRESSWAY
AND within all school speed zones within such county that were:
(i) more than ten but not more than twenty miles per hour over the
posted speed limit;
(ii) more than twenty but not more than thirty miles per hour over the
posted speed limit;
(iii) more than thirty but not more than forty miles per hour over the
posted speed limit; and
(iv) more than forty miles per hour over the posted speed limit;
7. the number of violations recorded ALONG THE LONG ISLAND EXPRESSWAY
AND within each school speed zone where a photo speed violation monitor-
ing system is used that were:
(i) more than ten but not more than twenty miles per hour over the
posted speed limit;
(ii) more than twenty but not more than thirty miles per hour over the
posted speed limit;
(iii) more than thirty but not more than forty miles per hour over the
posted speed limit; and
(iv) more than forty miles per hour over the posted speed limit;
8. the total number of notices of liability issued for violations
recorded by such systems;
9. the number of fines and total amount of fines paid after the first
notice of liability issued for violations recorded by such systems;
10. the number of violations adjudicated and the results of such adju-
dications including breakdowns of dispositions made for violations
recorded by such systems;
11. the total amount of revenue realized by such county in connection
with the program;
12. the expenses incurred by such county in connection with the
program; and
13. the quality of the adjudication process and its results.
(o) It shall be a defense to any prosecution for a violation of subdi-
vision (b), (c), (d), (f) or (g) of section eleven hundred eighty of
this article pursuant to this section that such photo speed violation
monitoring system was malfunctioning at the time of the alleged
violation.
§ 3. This act shall take effect immediately; provided, however, that
the amendments to section 1180-c of the vehicle and traffic law made by
section two of this act shall not affect the expiation of such section
and shall be deemed repealed therewith.
