Assembly Bill A10454

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10454
 
                           I N  A S S E M B L Y
 
                               March 6, 2026
                                ___________
 
 Introduced by M. of A. KELLES -- read once and referred to the Committee
   on Transportation
 
 AN ACT to amend the vehicle and traffic law and the public officers law,
   in  relation  to establishing a school speed zone camera demonstration
   program in the city of Ithaca; 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 1180-i to read as follows:
   §  1180-I.  OWNER  LIABILITY  FOR  FAILURE  OF OPERATOR TO COMPLY WITH
 CERTAIN POSTED MAXIMUM SPEED LIMITS; CITY OF ITHACA.   (A)  1.  NOTWITH-
 STANDING  ANY  OTHER  PROVISION  OF  LAW,  THE  CITY OF ITHACA IS HEREBY
 AUTHORIZED  TO  ESTABLISH  A  DEMONSTRATION  PROGRAM  IMPOSING  MONETARY
 LIABILITY  ON  THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF
 TO COMPLY WITH POSTED MAXIMUM SPEED LIMITS IN A SCHOOL SPEED ZONE WITHIN
 SUCH CITY (I) WHEN A SCHOOL SPEED LIMIT IS  IN  EFFECT  AS  PROVIDED  IN
 PARAGRAPHS  ONE  AND  TWO  OF  SUBDIVISION (C) OF SECTION ELEVEN HUNDRED
 EIGHTY OF THIS ARTICLE OR (II) 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. SUCH DEMONSTRATION PROGRAM SHALL  EMPOWER
 THE  CITY  OF ITHACA TO INSTALL PHOTO SPEED VIOLATION MONITORING SYSTEMS
 WITHIN NO MORE THAN TWELVE SCHOOL SPEED ZONES WITHIN SUCH  CITY  AT  ANY
 ONE  TIME  AND TO OPERATE SUCH SYSTEMS WITHIN SUCH ZONES OR (III) WHEN A
 SCHOOL SPEED LIMIT IS IN EFFECT AS PROVIDED IN PARAGRAPHS 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14138-01-5
 A. 10454                            2
 
 STUDENT  ACTIVITIES  AT  THE SCHOOL AND UP TO THIRTY MINUTES IMMEDIATELY
 BEFORE AND UP TO THIRTY MINUTES IMMEDIATELY AFTER  SUCH  STUDENT  ACTIV-
 ITIES.  IN SELECTING A SCHOOL SPEED ZONE IN WHICH TO INSTALL AND OPERATE
 A  PHOTO  SPEED  VIOLATION  MONITORING  SYSTEM,  THE CITY SHALL CONSIDER
 CRITERIA INCLUDING, BUT NOT LIMITED TO, THE SPEED DATA,  CRASH  HISTORY,
 AND THE ROADWAY GEOMETRY APPLICABLE TO SUCH SCHOOL SPEED ZONE.
   2.  NO  PHOTO  SPEED  VIOLATION  MONITORING  SYSTEM SHALL BE USED IN A
 SCHOOL SPEED ZONE UNLESS (I) ON THE DAY IT IS TO BE USED IT HAS SUCCESS-
 FULLY PASSED A SELF-TEST OF ITS FUNCTIONS; AND (II) IT HAS UNDERGONE  AN
 ANNUAL  CALIBRATION  CHECK  PERFORMED PURSUANT TO PARAGRAPH FOUR OF THIS
 SUBDIVISION. THE CITY SHALL INSTALL SIGNS GIVING  NOTICE  THAT  A  PHOTO
 SPEED  VIOLATION  MONITORING  SYSTEM  IS IN USE TO BE MOUNTED ON ADVANCE
 WARNING SIGNS NOTIFYING MOTOR VEHICLE OPERATORS OF SUCH UPCOMING  SCHOOL
 SPEED  ZONE  AND/OR  ON  SPEED LIMIT SIGNS APPLICABLE WITHIN SUCH SCHOOL
 SPEED ZONE, IN CONFORMANCE WITH STANDARDS 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 THE OPERATOR 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 CITY SHALL RETAIN EACH SUCH
 DAILY LOG UNTIL THE LATER OF THE DATE ON WHICH THE PHOTO SPEED VIOLATION
 MONITORING 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,  VIDEOTAPE  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  CITY  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 MONITOR-
 ING 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
 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 THE CITY 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 THE CITY FOR THE PURPOSE OF THE ADJUDICATION OF LIABIL-
 ITY IMPOSED PURSUANT TO THIS SECTION AND OF THE OWNER RECEIVING A NOTICE
 OF  LIABILITY  PURSUANT  TO  THIS SECTION, AND SHALL BE DESTROYED BY THE
 CITY 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
 A. 10454                            3
 
 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
 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 CITY OF ITHACA ESTABLISHES 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,  WITHIN  A SCHOOL SPEED ZONE IN VIOLATION OF SUBDIVISION (C) OR
 DURING THE TIMES AUTHORIZED PURSUANT TO SUBDIVISION (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 TEN MILES PER HOUR ABOVE THE  POSTED  SPEED  LIMIT  IN  EFFECT
 WITHIN SUCH SCHOOL SPEED ZONE, AND SUCH VIOLATION IS EVIDENCED BY INFOR-
 MATION 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
 A. 10454                            4
 
 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 AUTOMATICALLY PRODUCES TWO OR MORE PHOTOGRAPHS, TWO OR MORE MICRO-
 PHOTOGRAPHS, A VIDEOTAPE OR OTHER RECORDED IMAGES OF EACH VEHICLE AT THE
 TIME IT IS USED OR OPERATED 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  CITY  OF  ITHACA,  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,  MICRO-
 PHOTOGRAPHS,  VIDEOTAPE  OR  OTHER  RECORDED  IMAGES  EVIDENCING  SUCH A
 VIOLATION SHALL INCLUDE AT LEAST TWO DATE AND TIME STAMPED IMAGES OF THE
 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 ADJUDICATE THE  LIABILITY  FOR  SUCH
 VIOLATION PURSUANT TO THIS SECTION.
   (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 PARKING VIOLATIONS BUREAU OF THE CITY
 OF ITHACA, OR BY SUCH OTHER AGENCY AUTHORIZED BY SUCH CITY TO PROMULGATE
 SUCH A SCHEDULE. THE LIABILITY OF THE OWNER  PURSUANT  TO  THIS  SECTION
 SHALL  NOT  EXCEED  FIFTY DOLLARS FOR EACH VIOLATION; PROVIDED, HOWEVER,
 THAT SUCH PARKING VIOLATIONS BUREAU, OR SUCH  OTHER  AUTHORIZED  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
 A. 10454                            5
 
 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  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 THE PERSON 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 THERE-
 ON.
   4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE CITY OF
 ITHACA, OR BY ANY OTHER ENTITY AUTHORIZED BY THE  CITY  TO  PREPARE  AND
 MAIL SUCH NOTICE OF LIABILITY.
   (H)  ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS OF THIS SECTION
 SHALL BE BY THE CITY OF ITHACA PARKING  VIOLATIONS  BUREAU,  OR  BY  ANY
 OTHER AGENCY AUTHORIZED BY SUCH CITY TO ADJUDICATE THE LIABILITY OF SUCH
 MATTERS.
   (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-
 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  CITY  OF  ITHACA  PARKING  VIOLATIONS BUREAU OR BY ANY OTHER ENTITY
 AUTHORIZED BY THE CITY TO PREPARE AND MAIL SUCH NOTICE OF LIABILITY.
   (J) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS OF THIS  SECTION
 SHALL  BE  BY  THE  CITY  OF ITHACA PARKING VIOLATIONS BUREAU, OR BY ANY
 OTHER AGENCY AUTHORIZED BY SUCH CITY TO ADJUDICATE THE LIABILITY OF SUCH
 MATTERS.
   (K) 1. 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 (B), (C), (D), (F) OR (G)
 OF SECTION ELEVEN HUNDRED  EIGHTY  OF  THIS  ARTICLE  PURSUANT  TO  THIS
 SECTION, PROVIDED THAT:
   (I)  PRIOR  TO  THE  VIOLATION, THE LESSOR HAS FILED WITH SUCH PARKING
 VIOLATIONS BUREAU OR OTHER AUTHORIZED  AGENCY  IN  ACCORDANCE  WITH  THE
 PROVISIONS OF SECTION TWO HUNDRED THIRTY-NINE OF THIS CHAPTER; AND
   (II)  WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM SUCH BUREAU
 OR OTHER AUTHORIZED AGENCY OF THE DATE AND TIME OF A LIABILITY, TOGETHER
 WITH THE OTHER INFORMATION CONTAINED IN THE ORIGINAL NOTICE  OF  LIABIL-
 ITY,  THE  LESSOR  SUBMITS TO SUCH BUREAU OR OTHER AUTHORIZED AGENCY THE
 A. 10454                            6
 
 CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE IDENTIFIED 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 SUCH BUREAU OR
 AUTHORIZED AGENCY PURSUANT TO REGULATIONS THAT MAY  BE  PROMULGATED  FOR
 SUCH PURPOSE.
   2.  FAILURE  TO COMPLY WITH SUBPARAGRAPH (II) OF PARAGRAPH ONE OF THIS
 SUBDIVISION SHALL RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED  IN
 THIS SECTION.
   3.  WHERE  THE LESSOR COMPLIES WITH THE PROVISIONS OF PARAGRAPH ONE 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 SUCH VIOLATION PURSU-
 ANT TO THIS SECTION AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT  TO
 SUBDIVISION (G) OF THIS SECTION.
   (L)  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.
   (M)  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.
   (N) IF THE CITY ADOPTS A DEMONSTRATION PROGRAM PURSUANT TO SUBDIVISION
 (A) OF THIS SECTION IT SHALL CONDUCT A STUDY AND SUBMIT AN ANNUAL REPORT
 ON  THE  RESULTS OF THE USE OF PHOTO DEVICES TO THE GOVERNOR, THE TEMPO-
 RARY PRESIDENT OF THE SENATE AND THE  SPEAKER  OF  THE  ASSEMBLY  ON  OR
 BEFORE  THE FIRST DAY OF JUNE NEXT SUCCEEDING THE EFFECTIVE DATE OF THIS
 SECTION AND ON THE SAME DATE IN EACH SUCCEEDING YEAR IN WHICH THE DEMON-
 STRATION PROGRAM IS OPERABLE. 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  WITHIN ALL SCHOOL SPEED ZONES
 WITHIN THE CITY, TO THE EXTENT THE  INFORMATION  IS  MAINTAINED  BY  THE
 DEPARTMENT OF MOTOR VEHICLES OF THIS STATE;
   3.  THE  AGGREGATE  NUMBER,  TYPE AND SEVERITY OF CRASHES, FATALITIES,
 INJURIES AND PROPERTY DAMAGE REPORTED 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 WITHIN ALL SCHOOL SPEED ZONES
 WITHIN THE CITY, IN THE AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS;
   5. THE NUMBER OF VIOLATIONS RECORDED WITHIN  EACH  SCHOOL  SPEED  ZONE
 WHERE  A  PHOTO SPEED VIOLATION MONITORING SYSTEM IS USED, IN THE AGGRE-
 GATE ON A DAILY, WEEKLY AND MONTHLY BASIS;
 A. 10454                            7
 
   6. THE NUMBER OF VIOLATIONS RECORDED WITHIN  ALL  SCHOOL  SPEED  ZONES
 WITHIN THE CITY 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 WITHIN  EACH  SCHOOL  SPEED  ZONE
 WHERE A PHOTO SPEED VIOLATION MONITORING 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 THE CITY IN CONNECTION
 WITH THE PROGRAM;
   12. THE EXPENSES INCURRED BY THE CITY 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.
   § 2. Subdivision 2 of section 87 of the public officers law is amended
 by adding a new paragraph (w) to read as follows:
   (W) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS,  VIDEOTAPE  OR  OTHER  RECORDED
 IMAGES  PREPARED  UNDER THE AUTHORITY OF SECTION ELEVEN HUNDRED EIGHTY-I
 OF THE VEHICLE AND TRAFFIC LAW.
   § 3. The purchase or lease of equipment for  a  demonstration  program
 established  pursuant  to section 1180-i of the vehicle and traffic law,
 as added by section one of this act, shall be subject to the  provisions
 of section 103 of the general municipal law.
   §  4.  This  act shall take effect on the thirtieth day after it shall
 have become a law and shall expire December 31,  2030,  when  upon  such
 date  the  provisions  of  this  act shall be deemed repealed. Effective
 immediately, the addition, amendment and/or repeal of any rule or  regu-
 lation  necessary  for  the  implementation of this act on its effective
 date are authorized to be made and completed on or before such effective
 date.