Senate Bill S4089A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4089--A
     Cal. No. 254
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 27, 2019
                                ___________
 
 Introduced  by  Sens.  THOMAS,  CARLUCCI,  GOUNARDES  --  read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Transportation -- reported favorably from said committee and committed
   to  the  Committee on Rules -- reported favorably from said committee,
   ordered to a third reading, passed by  Senate  and  delivered  to  the
   Assembly,  recalled,  vote  reconsidered,  restored  to third reading,
   amended and ordered reprinted, retaining 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 and certain public
   authorities 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
 
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD10015-04-9

 S. 4089--A                          2
 
 CROSSING PHOTO VIOLATION-MONITORING DEVICES AT ANY RAILROAD GRADE CROSS-
 ING  WITHIN ITS JURISDICTION.  IF INSTALLATION, OPERATION OR MAINTENANCE
 OF EQUIPMENT PURSUANT TO THIS SECTION REQUIRES ENTRY UPON  THE  PROPERTY
 OF  THE  COMMUTER RAILROAD, THE POLITICAL SUBDIVISION OR ITS AGENT SHALL
 FIRST SECURE PERMISSION FROM SUCH RAILROAD TO ENTER UPON  THE  PROPERTY.
 ALL  SUCH  WORK SHALL BE PERFORMED IN ACCORDANCE WITH APPLICABLE FEDERAL
 AND STATE REQUIREMENTS AND INDUSTRY SAFETY STANDARDS.  THE COST OF  SUCH
 PHOTO  VIOLATION-MONITORING DEVICES MAY BE BORNE BY THE POLITICAL SUBDI-
 VISION, A COMMUTER RAILROAD OPERATING WITHIN THE POLITICAL  SUBDIVISION,
 OR  A  COMBINATION OF BOTH SUCH POLITICAL SUBDIVISION AND COMMUTER RAIL-
 ROAD 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.
   5.  "OPERATOR"  SHALL HAVE THE SAME MEANING AS PROVIDED IN SECTION TWO
 HUNDRED THIRTY-NINE OF THIS CHAPTER.
   (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

 S. 4089--A                          3

 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.
   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 AFTER THE OWNER FOUND OUT
 IT WAS STOLEN AND HAD NOT BEEN  RECOVERED  BY  THE  TIME  THE  VIOLATION

 S. 4089--A                          4
 
 OCCURRED.  FOR PURPOSES OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDI-
 VISION  IT  SHALL BE SUFFICIENT THAT A CERTIFIED COPY OF A POLICE REPORT
 ON THE STOLEN VEHICLE BE SENT BY FIRST CLASS MAIL TO THE COURT OR ADMIN-
 ISTRATIVE TRIBUNAL HAVING JURISDICTION.
   (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  AN  ADMINIS-
 TRATIVE  TRIBUNAL,  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 TRIBUNAL THE
 VEHICLE IDENTIFICATION INFORMATION 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 TRIBUNAL
 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
 TRIBUNAL THE CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE IDEN-
 TIFIED IN THE NOTICE OF LIABILITY AT THE TIME OF SUCH VIOLATION, TOGETH-
 ER WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL, LEASE
 OR OTHER CONTRACT DOCUMENT, AS MAY BE REASONABLY REQUIRED BY THE  TRIBU-
 NAL 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

 S. 4089--A                          5
 
 SECTION IF THE OPERATOR OF SUCH VEHICLE  WAS  USING  OR  OPERATING  SUCH
 VEHICLE  WITHOUT  THE  PERMISSION 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 USING OR  OPERATING  SUCH  VEHICLE
 WITH  THE  PERMISSION  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 TWENTY 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.  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, THE LONG ISLAND RAIL
 ROAD AND THE METRO-NORTH COMMUTER RAILROAD (HEREINAFTER REFERRED  TO  AS
 "THE  COMMUTER RAILROADS") ARE HEREBY AUTHORIZED AND EMPOWERED TO IMPLE-
 MENT 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 CHAPTER.   SUCH DEMONSTRATION PROGRAM

 S. 4089--A                          6
 
 SHALL EMPOWER EACH OF THE COMMUTER RAILROADS  TO  INSTALL,  OPERATE  AND
 MAINTAIN  RAILROAD  GRADE CROSSING PHOTO VIOLATION-MONITORING DEVICES AT
 ANY RAILROAD GRADE CROSSING WITH A SIGN OR  SIGNAL  THAT  INDICATES  THE
 APPROACH OF ONE OF ITS TRAINS. IF INSTALLATION, OPERATION OR MAINTENANCE
 OF  EQUIPMENT  PURSUANT TO THIS SECTION REQUIRES ENTRY UPON THE PROPERTY
 OF THE POLITICAL SUBDIVISION, THE COMMUTER RAILROAD OR ITS  AGENT  SHALL
 FIRST  SECURE  PERMISSION  FROM SUCH POLITICAL SUBDIVISION TO ENTER UPON
 THE PROPERTY. ALL SUCH WORK SHALL BE PERFORMED IN ACCORDANCE WITH APPLI-
 CABLE FEDERAL AND STATE REQUIREMENTS AND INDUSTRY SAFETY STANDARDS.  THE
 COSTS ASSOCIATED WITH THE INSTALLATION, OPERATION AND MAINTENANCE OF THE
 RAILROAD  GRADE CROSSING PHOTO VIOLATION-MONITORING EQUIPMENT LOCATED ON
 THE RAILROAD RIGHT OF WAY SHALL  BE  BORNE  BY  THE  COMMUTER  RAILROAD,
 PROVIDED,  HOWEVER,  IN ANY CASE WHERE THE EQUIPMENT IS TO BE LOCATED ON
 BOTH RAILROAD PROPERTY AND THE PROPERTY OF  THE  POLITICAL  SUBDIVISION,
 THE  TERMS AND CONDITIONS FOR INSTALLATION, OPERATION AND MAINTENANCE OF
 SUCH EQUIPMENT, INCLUDING COST APPORTIONMENT, IF  APPLICABLE,  SHALL  BE
 DETERMINED  PURSUANT TO A MEMORANDUM OF UNDERSTANDING BETWEEN THE COMMU-
 TER RAILROAD AND THE POLITICAL SUBDIVISION.
   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 DRIVER,  THE  PASSEN-
 GERS  OR  THE CONTENTS OF A VEHICLE, PROVIDED THAT THE COMMUTER RAILROAD
 HAS MADE A REASONABLE EFFORT TO COMPLY WITH THE PROVISIONS OF THIS PARA-
 GRAPH.
   (B) SUBJECT TO THE PROVISIONS OF SUBDIVISION (A) OF THIS  SECTION  AND
 SUBJECT  TO THE ADJUDICATORY PROCESS OF THE APPROPRIATE POLITICAL SUBDI-
 VISION, 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 PURSUANT TO THIS SECTION WHERE THE OPER-
 ATOR 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 AS 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 WITHIN THE METROPOLITAN  COMMUTER  TRANSPORTATION  DISTRICT,  AS
 SUCH  DISTRICT  IS  DEFINED  IN  SECTION TWELVE HUNDRED SIXTY-TWO OF THE
 PUBLIC AUTHORITIES LAW.
   4. "OPERATOR" SHALL HAVE THE SAME MEANING AS PROVIDED IN  SECTION  TWO
 HUNDRED THIRTY-NINE OF THIS CHAPTER.

 S. 4089--A                          7
 
   (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  OR  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
 PROGRAM  ADOPTED  PURSUANT  TO THIS SECTION SHALL BE LIABLE FOR MONETARY
 PENALTIES NOT TO 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  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 AND A COPY
 OF SUCH NOTICE SHALL BE SENT BY FIRST CLASS MAIL TO THE POLITICAL SUBDI-
 VISION. 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 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
 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 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-

 S. 4089--A                          8
 
 CLE HAD BEEN REPORTED TO THE POLICE AS STOLEN AFTER THE OWNER FOUND  OUT
 IT  WAS  STOLEN  AND  HAD  NOT  BEEN RECOVERED BY THE TIME THE VIOLATION
 OCCURRED.  FOR PURPOSES OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDI-
 VISION  IT  SHALL BE SUFFICIENT THAT A CERTIFIED COPY OF A POLICE REPORT
 ON THE STOLEN VEHICLE BE SENT BY FIRST CLASS MAIL TO THE COURT OR ADMIN-
 ISTRATIVE TRIBUNAL 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  AN  ADMINIS-
 TRATIVE  TRIBUNAL,  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:
   (A) PRIOR TO THE VIOLATION, THE LESSOR HAS FILED WITH THE TRIBUNAL THE
 VEHICLE IDENTIFICATION INFORMATION 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 TRIBUNAL
 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
 TRIBUNAL THE CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE IDEN-
 TIFIED IN THE NOTICE OF LIABILITY AT THE TIME OF SUCH VIOLATION, TOGETH-
 ER WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL, LEASE
 OR OTHER CONTRACT DOCUMENT, AS MAY BE REASONABLY REQUIRED BY THE  TRIBU-
 NAL 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.

 S. 4089--A                          9
 
   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  USING  OR  OPERATING  SUCH
 VEHICLE  WITHOUT  THE  PERMISSION 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 USING OR OPERATING SUCH VEHICLE
 WITH THE PERMISSION 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 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 SPEAKER OF THE ASSEMBLY ON  OR  BEFORE  JUNE  FIRST,  TWO
 THOUSAND  TWENTY  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 ALL APPLICABLE POLITICAL
 SUBDIVISIONS FROM SUCH ADJUDICATIONS;
   9. EXPENSES INCURRED BY SUCH COMMUTER RAILROAD AND POLITICAL  SUBDIVI-
 SION 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 CHAPTER PURSUANT TO A  LOCAL  LAW
 OR  ORDINANCE  ADOPTED  PURSUANT  TO THIS SECTION THAT THERE IS VERIFIED
 EVIDENCE THAT THE RAILROAD SIGNAL INDICATIONS WERE MALFUNCTIONING AT THE
 TIME OF THE ALLEGED VIOLATION.
   § 4. 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, SECTION ELEVEN HUNDRED SEVENTY-A
 OF THIS CHAPTER, SECTION SIXTEEN HUNDRED THIRTY-THREE  OF  THIS  CHAPTER

 S. 4089--A                         10
 
 and  as provided in section eleven hundred ninety-seven 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:
   § 5. 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 COUNTY, CITY, TOWN OR VILLAGE WITH-
 IN WHOSE JURISDICTION THE SUBJECT RAILROAD GRADE CROSSING IS LOCATED.
   § 6. Subdivision 2 of section 87 of the public officers law is amended
 by adding a new paragraph (q) to read as follows:
   (Q)  ARE  PHOTOGRAPHS,  MICROPHOTOGRAPHS,  VIDEOTAPE OR OTHER RECORDED
 IMAGES PREPARED UNDER THE AUTHORITY OF SECTION ELEVEN HUNDRED  SEVENTY-A
 OF THE VEHICLE AND TRAFFIC LAW.
   §  7.  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.