S T A T E O F N E W Y O R K
________________________________________________________________________
6242
2021-2022 Regular Sessions
I N S E N A T E
April 19, 2021
___________
Introduced by Sen. MAYER -- 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 authorizing
the county of Westchester to establish a noise demonstration program;
to amend the vehicle and traffic law and the general municipal law, in
relation to adjudications and owner liability for violating maximum
allowable vehicle sound levels; to amend the public officers law, in
relation to accessing records; 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. The vehicle and traffic law is amended by adding a new
section 387 to read as follows:
§ 387. OWNER LIABILITY FOR FAILURE OF OPERATOR TO COMPLY WITH MAXIMUM
ALLOWABLE VEHICLE SOUND LEVELS. (A) 1. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, THE COUNTY OF WESTCHESTER 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 MAXIMUM ALLOW-
ABLE VEHICLE SOUND LEVELS IN SUCH COUNTY IN ACCORDANCE WITH SUBDIVISION
THREE OF SECTION THREE HUNDRED EIGHTY-SIX OF THIS ARTICLE. SUCH DEMON-
STRATION PROGRAM SHALL EMPOWER SUCH COUNTY TO INSTALL AND OPERATE NOISE
VIOLATION-MONITORING SYSTEMS AT NO MORE THAN FIVE ZONES WITHIN AND UNDER
THE JURISDICTION OF SUCH COUNTY AT ANY ONE TIME. SUCH DEMONSTRATION
PROGRAM SHALL BE ESTABLISHED NO LATER THAN DECEMBER THIRTY-FIRST, TWO
THOUSAND TWENTY-TWO.
2. SUCH DEMONSTRATION PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES TO
ENSURE, TO THE EXTENT PRACTICABLE, THAT PHOTOGRAPHS AND/OR VIDEOS
PRODUCED BY SUCH NOISE 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10232-02-1
S. 6242 2
TO THIS SECTION SHALL BE DISMISSED SOLELY BECAUSE A PHOTOGRAPH, PHOTO-
GRAPHS, A VIDEO OR VIDEOS ALLOW FOR THE IDENTIFICATION OF THE CONTENTS
OF A VEHICLE, PROVIDED THAT SUCH COUNTY HAS MADE A REASONABLE EFFORT TO
COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH.
(B) IF SUCH LOCAL LAW OR ORDINANCE IS ADOPTED 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
SUBDIVISION THREE OF SECTION THREE HUNDRED EIGHTY-SIX OF THIS ARTICLE,
AND SUCH VIOLATION IS EVIDENCED BY INFORMATION OBTAINED FROM A NOISE
VIOLATION-MONITORING SYSTEM.
(C) FOR PURPOSES OF THIS SECTION, "OWNER" SHALL HAVE THE MEANING
PROVIDED IN ARTICLE TWO-B OF THIS CHAPTER. FOR PURPOSES OF THIS SECTION,
"NOISE VIOLATION-MONITORING SYSTEM" SHALL MEAN A VEHICLE NOISE ENFORCE-
MENT CAMERA WHICH AUTOMATICALLY PRODUCES AUDIO OF A VEHICLE AND TWO OR
MORE PHOTOGRAPHS, TWO OR MORE MICROPHOTOGRAPHS, A VIDEOTAPE, OR OTHER
RECORDED IMAGES OF SUCH VEHICLE AT THE TIME IT IS USED OR OPERATED IN
VIOLATION OF SUBDIVISION THREE OF SECTION THREE HUNDRED EIGHTY-SIX OF
THIS ARTICLE.
(D) A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY
WESTCHESTER COUNTY IN WHICH THE CHARGED VIOLATION OCCURRED, OR A FACSIM-
ILE THEREOF, BASED UPON INSPECTION OF THE RECORDED AUDIO, PHOTOGRAPHS,
MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY A NOISE
VIOLATION-MONITORING SYSTEM, SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS
CONTAINED THEREIN. ANY RECORDED AUDIO, 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 THREE OF SECTION
THREE HUNDRED EIGHTY-SIX OF THIS ARTICLE 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. THE LIABILITY OF THE OWNER PURSU-
ANT TO THIS SECTION SHALL NOT EXCEED ONE HUNDRED 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) 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
THREE OF SECTION THREE HUNDRED EIGHTY-SIX 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 SUBDIVISION
THREE OF SECTION THREE HUNDRED EIGHTY-SIX OF THIS ARTICLE 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
S. 6242 3
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 WESTCHESTER
COUNTY OR BY ANY OTHER ENTITY AUTHORIZED BY SUCH COUNTY TO PREPARE AND
MAIL SUCH NOTIFICATION OF VIOLATION.
(G) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION
SHALL BE BY A TRAFFIC VIOLATIONS BUREAU ESTABLISHED PURSUANT TO SECTION
THREE HUNDRED SEVENTY-ONE-A OF THE GENERAL MUNICIPAL LAW WHERE THE
VIOLATION OCCURRED OR, IF THERE BE NONE, BY THE COURT HAVING JURISDIC-
TION OVER TRAFFIC INFRACTIONS.
(H) 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 THREE OF
SECTION THREE HUNDRED EIGHTY-SIX OF THIS ARTICLE PURSUANT TO THIS
SECTION THAT THE VEHICLE HAD BEEN REPORTED TO THE POLICE AS STOLEN PRIOR
TO THE TIME THE VIOLATION OCCURRED, HAD NOT BEEN RECOVERED BY SUCH TIME
AND SUCH MODIFICATIONS DESCRIBED IN SUBDIVISION THREE OF SECTION THREE
HUNDRED EIGHTY-SIX OF THIS ARTICLE WERE MADE AFTER SUCH VEHICLE WAS
STOLEN. FOR PURPOSES OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVI-
SION IT SHALL BE SUFFICIENT THAT A CERTIFIED COPY OF THE POLICE REPORT
ON THE STOLEN VEHICLE BE SENT BY FIRST CLASS MAIL TO THE COURT HAVING
JURISDICTION.
(I) AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF LIABIL-
ITY WAS ISSUED PURSUANT TO SUBDIVISION (F) OF THIS SECTION SHALL NOT BE
LIABLE FOR THE VIOLATION OF SUBDIVISION THREE OF SECTION THREE HUNDRED
EIGHTY-SIX 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 THIR-
TY-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 SUBDIVISION, 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 THREE OF SECTION THREE HUNDRED EIGHTY-SIX OF
THIS ARTICLE PURSUANT TO THIS SECTION AND SHALL BE SENT A NOTICE OF
LIABILITY PURSUANT TO SUBDIVISION (F) OF THIS SECTION.
(J) IF THE OWNER LIABLE FOR A VIOLATION OF SUBDIVISION THREE OF
SECTION THREE HUNDRED EIGHTY-SIX 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.
(K) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF SUBDIVISION THREE OF
SECTION THREE HUNDRED EIGHTY-SIX OF THIS ARTICLE.
(L) ALL FINES AND PENALTIES COLLECTED UNDER THIS PROGRAM SHALL BE
DISTRIBUTED IN ACCORDANCE WITH SUBDIVISION ELEVEN OF SECTION EIGHTEEN
HUNDRED THREE OF THIS CHAPTER.
(M) THE COUNTY OF WESTCHESTER SHALL SUBMIT AN ANNUAL REPORT DETAILING
THE RESULTS OF THE USE OF SUCH NOISE VIOLATION-MONITORING SYSTEM TO THE
GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE
ASSEMBLY ON OR BEFORE JUNE THIRTIETH, TWO THOUSAND TWENTY-FOUR AND ON
S. 6242 4
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 NOISE VIOLATION-MONITORING
SYSTEMS WERE USED;
2. THE AGGREGATE NUMBER, TYPE AND SEVERITY OF ACCIDENTS REPORTED AT
INTERSECTIONS WHERE A NOISE VIOLATION-MONITORING SYSTEM IS USED FOR THE
THREE YEARS 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 NOISE VIOLATION-MONITORING SYSTEM IS USED FOR THE
REPORTING YEAR, AS WELL AS FOR EACH YEAR THAT THE NOISE VIOLATION-MONI-
TORING SYSTEM HAS BEEN OPERATIONAL, TO THE EXTENT THE INFORMATION IS
MAINTAINED BY THE DEPARTMENT;
4. THE NUMBER OF EVENTS AND NUMBER OF VIOLATIONS RECORDED AT EACH
INTERSECTION WHERE A NOISE VIOLATION-MONITORING SYSTEM IS USED AND IN
THE AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS;
5. THE NUMBER OF NOTICES OF LIABILITY ISSUED FOR VIOLATIONS RECORDED
BY SUCH SYSTEM AT EACH INTERSECTION WHERE A NOISE VIOLATION-MONITORING
SYSTEM IS USED;
6. THE NUMBER OF FINES IMPOSED AND TOTAL AMOUNT OF FINES PAID AFTER
FIRST NOTICE OF LIABILITY;
7. THE NUMBER AND PERCENTAGE OF VIOLATIONS ADJUDICATED AND RESULTS OF
SUCH ADJUDICATIONS INCLUDING BREAKDOWNS OF DISPOSITION MADE FOR
VIOLATIONS RECORDED BY SUCH SYSTEMS WHICH SHALL BE PROVIDED AT LEAST
ANNUALLY TO SUCH COUNTY BY THE RESPECTIVE COURTS AND BUREAUS CONDUCTING
SUCH ADJUDICATIONS;
8. THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH COUNTY FROM SUCH ADJU-
DICATIONS INCLUDING A BREAKDOWN OF REVENUE REALIZED BY SUCH COUNTY FOR
EACH YEAR SINCE DEPLOYMENT OF ITS NOISE VIOLATION-MONITORING SYSTEM;
9. EXPENSES INCURRED BY SUCH COUNTY IN CONNECTION WITH THE PROGRAM;
10. QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS WHICH SHALL BE
PROVIDED AT LEAST ANNUALLY TO SUCH COUNTY BY THE RESPECTIVE COURTS AND
BUREAUS CONDUCTING SUCH ADJUDICATIONS; AND
11. THE PUBLIC RESPONSE TO THE USE OF SUCH NOISE VIOLATION-MONITORING
SYSTEMS.
(N) IT SHALL BE A DEFENSE TO ANY PROSECUTION FOR A VIOLATION OF SUBDI-
VISION THREE OF SECTION THREE HUNDRED EIGHTY-SIX OF THIS ARTICLE PURSU-
ANT TO A LOCAL LAW OR ORDINANCE ADOPTED PURSUANT TO THIS SECTION THAT
SUCH NOISE INDICATIONS WERE MALFUNCTIONING AT THE TIME OF THE ALLEGED
VIOLATION.
(O) THE COUNTY OF WESTCHESTER SHALL POST INFORMATION ON THE COUNTY
WEBSITE AND NOTIFY LOCAL MEDIA OUTLETS INDICATING THE ZONES IN WHICH THE
AUTOMATED NOISE VIOLATION-MONITORING SYSTEMS HAVE BEEN INSTALLED.
(P) LAW ENFORCEMENT AGENCIES WITHIN THE COUNTY OF WESTCHESTER SHALL
INSTALL TWO SIGNS FACING OPPOSITE DIRECTIONS WITHIN TWO HUNDRED FEET, OR
OTHERWISE CONSISTENT WITH THE UNIFORM MANUAL ON TRAFFIC CONTROL DEVICES,
WHERE ANY NOISE VIOLATION-MONITORING SYSTEM IS INSTALLED, WHICH STATES
"NOISE DEMONSTRATION PROGRAM IN PROGRESS".
§ 2. Section 401 of the vehicle and traffic law is amended by adding a
new subdivision 5-b to read as follows:
5-B. A. IF AT THE TIME OF APPLICATION FOR A REGISTRATION OR RENEWAL
THEREOF THERE IS A CERTIFICATION FROM A COURT OR ADMINISTRATIVE TRIBUNAL
OF APPROPRIATE JURISDICTION THAT THE REGISTRANT OR HIS OR HER REPRESEN-
TATIVE FAILED TO APPEAR ON THE RETURN DATE OR ANY SUBSEQUENT ADJOURNED
DATE OR FAILED TO COMPLY WITH THE RULES AND REGULATIONS OF AN ADMINIS-
TRATIVE TRIBUNAL FOLLOWING ENTRY OF A FINAL DECISION IN RESPONSE TO
S. 6242 5
THREE OR MORE SUMMONSES OR OTHER PROCESS, ISSUED WITHIN AN EIGHTEEN
MONTH PERIOD, CHARGING EITHER THAT THE REGISTRANT WAS LIABLE FOR ANY
VIOLATION LISTED UNDER PARAGRAPH A OF SUBDIVISION FIVE-A OF THIS
SECTION, OR THE REGISTRANT WAS LIABLE FOR A VIOLATION OF SUBDIVISION
THREE OF SECTION THREE HUNDRED EIGHTY-SIX OF THIS CHAPTER IN ACCORDANCE
WITH THIS SECTION, THE COMMISSIONER OR HIS OR HER AGENT SHALL DENY THE
REGISTRATION OR RENEWAL APPLICATION UNTIL THE APPLICANT PROVIDES PROOF
FROM THE COURT OR ADMINISTRATIVE TRIBUNAL WHEREIN THE CHARGES ARE PEND-
ING THAT AN APPEARANCE OR ANSWER HAS BEEN MADE OR IN THE CASE OF AN
ADMINISTRATIVE TRIBUNAL THAT HE OR SHE HAS COMPLIED WITH THE RULES AND
REGULATIONS OF SAID TRIBUNAL FOLLOWING ENTRY OF A FINAL DECISION. WHERE
AN APPLICATION IS DENIED PURSUANT TO THIS SECTION, THE COMMISSIONER MAY,
IN HIS OR HER DISCRETION, DENY A REGISTRATION OR RENEWAL APPLICATION TO
ANY OTHER PERSON FOR THE SAME VEHICLE AND MAY DENY A REGISTRATION OR
RENEWAL APPLICATION FOR ANY OTHER MOTOR VEHICLE REGISTERED IN THE NAME
OF THE APPLICANT WHERE THE COMMISSIONER HAS DETERMINED THAT SUCH REGIS-
TRANT'S INTENT HAS BEEN TO EVADE THE PURPOSES OF THIS SUBDIVISION AND
WHERE THE COMMISSIONER HAS REASONABLE GROUNDS TO BELIEVE THAT SUCH
REGISTRATION OR RENEWAL WILL HAVE THE EFFECT OF DEFEATING THE PURPOSES
OF THIS SUBDIVISION. SUCH DENIAL SHALL ONLY REMAIN IN EFFECT AS LONG AS
THE SUMMONSES REMAIN UNANSWERED, OR IN THE CASE OF AN ADMINISTRATIVE
TRIBUNAL, THE REGISTRANT FAILS TO COMPLY WITH THE RULES AND REGULATIONS
FOLLOWING ENTRY OF A FINAL DECISION.
B. THE COMMISSIONER MAY PROMULGATE SUCH REGULATIONS AS ARE NECESSARY
TO EFFECTUATE THE PROVISIONS OF THIS SUBDIVISION, INCLUDING PROVISIONS
FOR THE RECOVERY OF THE ADMINISTRATIVE COSTS OF THE PROGRAM INCURRED FOR
EACH MUNICIPALITY. THE COMMISSIONER MAY, IN HIS OR HER DISCRETION,
REFUSE TO PROCESS A CERTIFICATION RECEIVED FROM A COURT OR ADMINISTRA-
TIVE TRIBUNAL IN ANY MUNICIPALITY WHICH HAS FAILED TO COMPLY WITH THE
PROVISIONS OF SECTION FIVE HUNDRED FOURTEEN OF THIS CHAPTER OR WHICH
DOES NOT HAVE AN EFFECTIVE PROGRAM FOR ENFORCING SUSPENSION AND REVOCA-
TION ORDERS ISSUED BY THE DEPARTMENT.
§ 3. Section 1809 of the vehicle and traffic law is amended by adding
a new subdivision 1-a to read as follows:
1-A. NO MANDATORY SURCHARGE SHALL BE LEVIED PURSUANT TO THIS SECTION
FOR A CONVICTION RESULTING FROM PROCEEDINGS IN AN ADMINISTRATIVE TRIBU-
NAL OR COURT OF THIS STATE FOR A VIOLATION OF SUBDIVISION THREE OF
SECTION THREE HUNDRED EIGHTY-SIX OF THIS CHAPTER IN ACCORDANCE WITH
SECTION THREE HUNDRED EIGHTY-SEVEN OF THIS CHAPTER.
§ 4. Section 1809-e of the vehicle and traffic law is amended by
adding a new subdivision 1-a to read as follows:
1-A. NO ADDITIONAL SURCHARGE SHALL BE LEVIED PURSUANT TO THIS SECTION
FOR A CONVICTION RESULTING FROM PROCEEDINGS IN AN ADMINISTRATIVE TRIBU-
NAL OR COURT OF THIS STATE FOR A VIOLATION OF SUBDIVISION THREE OF
SECTION THREE HUNDRED EIGHTY-SIX OF THIS CHAPTER IN ACCORDANCE WITH
SECTION THREE HUNDRED EIGHTY-SEVEN OF THIS CHAPTER.
§ 5. The general municipal law is amended by adding a new section
371-a to read as follows:
§ 371-A. JURISDICTION AND PROCEDURE; WESTCHESTER NOISE VIOLATION
DEMONSTRATION PROGRAM. A TRAFFIC VIOLATIONS BUREAU SO ESTABLISHED MAY BE
AUTHORIZED TO DISPOSE OF VIOLATIONS OF TRAFFIC LAWS, ORDINANCES, RULES
AND REGULATIONS WHEN SUCH OFFENSES SHALL NOT CONSTITUTE THE TRAFFIC
INFRACTION KNOWN AS SPEEDING OR A MISDEMEANOR OR FELONY, AND, IF AUTHOR-
IZED BY LOCAL LAW OR ORDINANCE, OR TO ADJUDICATE THE LIABILITY OF OWNERS
FOR VIOLATIONS OF SUBDIVISION THREE OF SECTION THREE HUNDRED EIGHTY-SIX
OF THE VEHICLE AND TRAFFIC LAW IN ACCORDANCE WITH A LOCAL LAW OR ORDI-
S. 6242 6
NANCE IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE
OF AN OPERATOR THEREOF TO COMPLY WITH MAXIMUM NOISE REQUIREMENTS THROUGH
THE INSTALLATION OF NOISE VIOLATION-MONITORING DEVICES PURSUANT TO
SECTION THREE HUNDRED EIGHTY-SEVEN OF THE VEHICLE AND TRAFFIC LAW.
§ 6. Section 1803 of the vehicle and traffic law is amended by adding
two new subdivisions 3-a and 11 to read as follows:
3-A. ALL FINES, PENALTIES AND FORFEITURES PAID TO A CITY, TOWN OR
VILLAGE PURSUANT TO THE PROVISIONS OF PARAGRAPH A OF SUBDIVISION ONE OF
THIS SECTION AND SUBDIVISION ELEVEN OF THIS SECTION SHALL BE CREDITED TO
THE GENERAL FUND OF SUCH CITY, TOWN OR VILLAGE, UNLESS A DIFFERENT
DISPOSITION IS PRESCRIBED BY CHARTER, SPECIAL LAW, LOCAL LAW OR ORDI-
NANCE.
11. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION THREE OF SECTION
NINETY-NINE-A OF THE STATE FINANCE LAW, WHERE THE COUNTY OF WESTCHESTER
HAS ESTABLISHED A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON
THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH
SUBDIVISION THREE OF SECTION THREE HUNDRED EIGHTY-SIX OF THIS CHAPTER IN
ACCORDANCE WITH SECTION THREE HUNDRED EIGHTY-SEVEN OF THIS CHAPTER, ANY
FINE OR PENALTY COLLECTED BY A COURT, JUDGE, MAGISTRATE OR OTHER OFFICER
FOR AN IMPOSITION OF LIABILITY WHICH OCCURS WITHIN A TOWN OR VILLAGE
WITHIN SUCH COUNTY PURSUANT TO SUCH PROGRAM SHALL BE PAID TO THE STATE
COMPTROLLER WITHIN THE FIRST TEN DAYS OF THE MONTH FOLLOWING COLLECTION.
EVERY SUCH PAYMENT SHALL BE ACCOMPANIED BY A STATEMENT IN SUCH FORM AND
DETAIL AS THE COMPTROLLER SHALL PROVIDE. THE COMPTROLLER SHALL PAY
EIGHTY PERCENT OF ANY SUCH FINE OR PENALTY IMPOSED FOR SUCH LIABILITY TO
THE COUNTY OF WESTCHESTER, AND TWENTY PERCENT OF ANY SUCH FINE OR PENAL-
TY TO THE TOWN OR VILLAGE IN WHICH THE VIOLATION GIVING RISE TO THE
LIABILITY OCCURRED.
§ 7. Subdivision 2 of section 87 of the public officers law is amended
by adding a new paragraph (r) to read as follows:
(R) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED
IMAGES PREPARED UNDER AUTHORITY OF SECTION THREE HUNDRED EIGHTY-SEVEN OF
THE VEHICLE AND TRAFFIC LAW.
§ 8. The purchase or lease of equipment for a demonstration program
established pursuant to section 387 of the vehicle and traffic law shall
be subject to the provisions of section 103 of the general municipal
law.
§ 9. This act shall take effect immediately, and shall expire and be
deemed repealed September 1, 2025.
