Senate Bill S7946B

2025-2026 Legislative Session

Authorizes the village of Quogue, town of Southampton, in Suffolk county to establish demonstration programs imposing monetary liability for failure of operators to comply with posted speed limits

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Current Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 31, 2025	print number 7946b
Oct 31, 2025	amend and recommit to transportation
May 28, 2025	print number 7946a
May 28, 2025	amend and recommit to transportation
May 14, 2025	referred to transportation

Bill Amendments

Original

B (Active)

2025-S7946 - Details

See Assembly Version of this Bill:: A8506
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §1180-h, V & T L; amd §87, Pub Off L

2025-S7946 - Summary

Authorizes the village of Quogue in the town of Southampton, county of Suffolk 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.

2025-S7946 - Sponsor Memo

                                 
BILL NUMBER: S7946

SPONSOR: PALUMBO
 
TITLE OF BILL:

An act to amend the vehicle and traffic law and the public officers law,
in relation to authorizing the village of Quogue in the town of South-
ampton, county of Suffolk 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; and providing for
the repeal of such provisions upon expiration thereof

 
PURPOSE:

Authorizes the village of Quogue, Town of Southampton, in Suffolk County
to establish demonstration programs imposing monetary liability for
failure of operators to comply with posted speed limits.

 
SUMMARY OF PROVISIONS:

Section 1. The vehicle and traffic law is amended by adding a new
section 1180-h authorizing the village of Quogue to establish a demon-

stration program imposing monetary liability on the owner of a vehicle
for failure of an operator thereof to comply with posted maximum speed
limits. It permits the village to operate photo speed violation monitor-
ing systems at no more than five locations, based on specific criteria,
at any one time during any year of the demonstration program. It sets
forth provisions governing the operation of the speed violation monitor-
ing system.

Section 2. Amends subdivision 2 of section 87 of the public officers law
by adding a new paragraph (v) relating to the accessibility of records
that are photographs, micrographs, videotape or other recorded images
prepared under the authority of this act.

Section 3. Effective date and sunset clause.

 
JUSTIFICATION:

One of the major roles that village government plays is protecting the
safety of their residents. Traffic safety is critical to quality of life
to many Long Islanders. This specific legislation was introduced at the
request of the village of Quogue as a means of addressing an increasing
problem of excessive vehicle speeds. It would enable the village to
establish a demonstration program imposing monetary liability on the
owner of a vehicle for failure of an operator to comply with posted
maximum speed limits to provide an additional tool in protecting the
lives of motorists, pedestrians and bicyclists.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law and shall expire December 1, 2030 when upon such date the
provisions of this act shall be deemed repealed.

2025-S7946 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7946
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 14, 2025
                                ___________
 
 Introduced  by  Sen. PALUMBO -- 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 and the public officers law,
   in relation to authorizing the village of Quogue in the town of South-
   ampton, county of Suffolk to establish a demonstration program  impos-
   ing  monetary  liability  on  the owner of a vehicle for failure of an
   operator thereof to comply  with  posted  maximum  speed  limits;  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-h to read as follows:
   §  1180-H.  OWNER LIABILITY FOR FAILURE OF THE OPERATOR TO COMPLY WITH
 CERTAIN POSTED MAXIMUM SPEED LIMITS; VILLAGE OF QUOGUE, TOWN  OF  SOUTH-
 AMPTON, COUNTY OF SUFFOLK. (A) 1. NOTWITHSTANDING ANY OTHER PROVISION OF
 LAW,  THE  VILLAGE  OF  QUOGUE,  IN  THE  TOWN OF SOUTHAMPTON, COUNTY OF
 SUFFOLK IS HEREBY AUTHORIZED TO ESTABLISH A DEMONSTRATION PROGRAM IMPOS-
 ING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPER-
 ATOR THEREOF TO COMPLY WITH POSTED MAXIMUM SPEED LIMITS ON ANY  ROAD  IN
 SUCH  VILLAGE  IN  ACCORDANCE  WITH THE PROVISIONS OF THIS SECTION. SUCH
 VILLAGE,  FOR  PURPOSES  OF  THE  IMPLEMENTATION  OF  THE  DEMONSTRATION
 PROGRAM,  SHALL  OPERATE PHOTO SPEED VIOLATION MONITORING SYSTEMS WITHIN
 SUCH VILLAGE AT NO MORE THAN FIVE LOCATIONS AT ANY ONE TIME  DURING  ANY
 YEAR  OF SUCH PROGRAM. SUCH PHOTO SPEED VIOLATION MONITORING SYSTEMS MAY
 BE STATIONARY OR MOBILE AND SHALL BE ACTIVATED AT LOCATIONS SELECTED  BY
 SUCH  VILLAGE.  SUCH  PHOTO  SPEED VIOLATION MONITORING SYSTEMS SHALL BE
 PLACED AT LOCATIONS BASED ON CRITERIA,  INCLUDING  BUT  NOT  LIMITED  TO
 WHETHER  THE  LOCATION  IS  WITHIN  A QUARTER MILE OF A SCHOOL, SPEEDING
 DATA, ACCIDENT HISTORY, PROXIMITY TO FACILITIES FOR SENIOR  CITIZENS  OR
 DISABLED  PERSONS,  ROADWAY  GEOMETRY  AND EQUITABLE GEOGRAPHIC DISTRIB-
 UTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13041-01-5

 S. 7946                             2
 
   2. NO PHOTO SPEED VIOLATION MONITORING  SYSTEM  SHALL  BE  USED  IN  A
 VILLAGE AUTHORIZED TO ESTABLISH A DEMONSTRATION PROGRAM PURSUANT TO THIS
 SECTION  UNLESS  (I)  ON  THE  DAY  IT IS TO BE USED IT HAS SUCCESSFULLY
 PASSED A SELF-TEST OF ITS FUNCTIONS; AND (II) IT HAS UNDERGONE AN ANNUAL
 CALIBRATION  CHECK PERFORMED PURSUANT TO PARAGRAPH FOUR OF THIS SUBDIVI-
 SION. THE VILLAGE 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  SPEED  ZONE
 AND/OR  ON  SPEED  LIMIT  SIGNS  APPLICABLE  WITHIN  SUCH 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 VILLAGE 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 VILLAGE 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 VILLAGE 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 PROGRAMS SHALL UTILIZE  NECESSARY  TECHNOLO-
 GIES 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, HOWEV-
 ER, 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 VILLAGE 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 VILLAGE 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
 THE  VILLAGE  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
 S. 7946                             3
 
 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)  WHERE  A VILLAGE HAS ESTABLISHED 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,  IN  VIOLATION  OF  SUBDIVISION  (C)  OR  (D) OF SECTION ELEVEN
 HUNDRED EIGHTY OF THIS ARTICLE,  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 PENAL-
 TY IMPOSED PURSUANT TO THIS SECTION WHERE THE OPERATOR OF  SUCH  VEHICLE
 HAS BEEN CONVICTED OF THE UNDERLYING VIOLATION OF SUBDIVISION (C) OR (D)
 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;
 S. 7946                             4
 
   2.  "OWNER"  SHALL  HAVE THE MEANING PROVIDED IN ARTICLE TWO-B OF THIS
 CHAPTER; AND
   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 SPEED ZONE IN VIOLATION OF SUBDIVISION
 (C) OR (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE  IN  ACCORD-
 ANCE WITH THE PROVISIONS OF THIS SECTION.
   (D)  A  CERTIFICATE,  SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY
 THE COUNTY IN WHICH THE CHARGED VIOLATION  OCCURRED  OR  ITS  VENDOR  OR
 CONTRACTOR,  OR  A  FACSIMILE  THEREOF,  BASED UPON INSPECTION OF PHOTO-
 GRAPHS, 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, VIDE-
 OTAPE 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 THIS SECTION.
   (E) AN OWNER LIABLE FOR A VIOLATION  OF  SUBDIVISION  (C)  OR  (D)  OF
 SECTION  ELEVEN  HUNDRED  EIGHTY  OF  THIS  ARTICLE PURSUANT TO A DEMON-
 STRATION PROGRAM ESTABLISHED PURSUANT TO THIS SECTION  SHALL  BE  LIABLE
 FOR MONETARY PENALTIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND PENAL-
 TIES  PROMULGATED  BY  THE  PARKING  VIOLATIONS  BUREAU  OF SUCH COUNTY;
 PROVIDED, HOWEVER, THAT THE MONETARY PENALTY FOR DRIVING AT A  SPEED  IN
 EXCESS OF THE MAXIMUM SPEED LIMIT BY TEN OR MORE MILES PER HOUR AND LESS
 THAN THIRTY MILES PER HOUR SHALL NOT EXCEED FIFTY DOLLARS, AND THE MONE-
 TARY  PENALTY FOR DRIVING IN EXCESS OF THE MAXIMUM SPEED LIMIT BY THIRTY
 OR MORE MILES PER HOUR SHALL NOT EXCEED ONE HUNDRED  DOLLARS;  PROVIDED,
 FURTHER,  THAT AN OWNER SHALL BE LIABLE FOR AN ADDITIONAL PENALTY NOT TO
 EXCEED 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 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  SUBDIVISION
 (C)  OR (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE 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
 (C)  OR (D) OF SECTION ELEVEN HUNDRED EIGHTY 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, 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
 S. 7946                             5
 
 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 AGENCY
 OR AGENCIES DESIGNATED BY THE VILLAGE AUTHORIZED TO IMPLEMENT  A  DEMON-
 STRATION PROGRAM PURSUANT TO THIS SECTION.
   (H)  IF  AN OWNER OF A VEHICLE RECEIVES A NOTICE OF LIABILITY PURSUANT
 TO THIS SECTION FOR ANY  TIME  PERIOD  DURING  WHICH  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  SUBDIVI-
 SION  (C)  OR  (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE THAT
 THE 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 SUFFICIENT THAT AN ORIGINAL INCIDENT FORM ISSUED BY THE POLICE ON THE
 STOLEN  VEHICLE BE SENT BY FIRST CLASS MAIL TO THE JUSTICE COURT OF SAID
 VILLAGE.
   (I) 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 (C)  OR  (D)  OF  SECTION
 ELEVEN HUNDRED EIGHTY OF THIS ARTICLE, PROVIDED THAT:
   (I)  PRIOR TO THE VIOLATION, THE LESSOR HAS FILED WITH SUCH VILLAGE 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 VILLAGE
 OF THE DATE AND TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFORMATION
 CONTAINED  IN  THE  ORIGINAL  NOTICE OF LIABILITY, THE LESSOR SUBMITS TO
 SUCH COURT THE 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 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.
   (J)  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.
   (K) 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.
   (L) WHERE A VILLAGE ADOPTS A DEMONSTRATION PROGRAM PURSUANT TO  SUBDI-
 VISION  (A)  OF  THIS SECTION, SUCH VILLAGE SHALL SUBMIT A REPORT ON THE
 RESULTS OF THE USE OF PHOTO SPEED VIOLATION MONITORING  SYSTEMS  TO  THE
 GOVERNOR,  THE  TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE
 ASSEMBLY ON OR BEFORE THE FIRST DAY OF JUNE NEXT SUCCEEDING  THE  EFFEC-
 TIVE  DATE  OF THIS SECTION AND ON THE SAME DATE IN EACH SUCCEEDING YEAR
 S. 7946                             6
 
 IN WHICH THE  DEMONSTRATION  PROGRAM  IS  OPERABLE.  SUCH  REPORT  SHALL
 INCLUDE, BUT NOT BE LIMITED TO:
   1. A DESCRIPTION OF THE LOCATIONS WHERE PHOTO SPEED VIOLATION MONITOR-
 ING SYSTEMS WERE USED;
   2.  THE NUMBER OF VIOLATIONS RECORDED AT EACH SUCH LOCATION AND IN THE
 AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS;
   3. THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED;
   4. THE NUMBER OF FINES AND TOTAL AMOUNT  OF  FINES  PAID  AFTER  FIRST
 NOTICE OF LIABILITY;
   5.  THE  NUMBER  OF VIOLATIONS ADJUDICATED AND RESULTS OF SUCH ADJUDI-
 CATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE;
   6. THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH VILLAGE; AND
   7. QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
   § 2. Subdivision 2 of section 87 of the public officers law is amended
 by adding a new paragraph (v) to read as follows:
   (V) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS,  VIDEOTAPE  OR  OTHER  RECORDED
 IMAGES  PREPARED  UNDER THE AUTHORITY OF SECTION ELEVEN HUNDRED EIGHTY-H
 OF THE VEHICLE AND TRAFFIC LAW.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have  become a law and shall expire December 1, 2030 when upon such date
 the provisions of this act shall be deemed repealed.

2025-S7946A - Details

See Assembly Version of this Bill:: A8506
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §1180-h, V & T L; amd §87, Pub Off L

2025-S7946A - Summary

2025-S7946A - Sponsor Memo

                                 
BILL NUMBER: S7946A

SPONSOR: PALUMBO
 
TITLE OF BILL:

An act to amend the vehicle and traffic law and the public officers law,
in relation to authorizing the village of Quogue in the town of South-
ampton, county of Suffolk 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; and providing for
the repeal of such provisions upon expiration thereof

 
PURPOSE:

Authorizes the village of Quogue, Town of Southampton, in Suffolk County
to establish demonstration programs imposing monetary liability for
failure of operators to comply with posted speed limits.

 
SUMMARY OF PROVISIONS:

Section 1. The vehicle and traffic law is amended by adding a new
section 1180-h authorizing the village of Quogue to establish a demon-

stration program imposing monetary liability on the owner of a vehicle
for failure of an operator thereof to comply with posted maximum speed
limits. It permits the village to operate photo speed violation monitor-
ing systems at no more than five locations, based on specific criteria,
at any one time during any year of the demonstration program. It sets
forth provisions governing the operation of the speed violation monitor-
ing system. All revenues from the program shall be directed toward law
enforcement purposes within the village of Quogue.

Section 2. Amends subdivision 2 of section 87 of the public officers law
by adding a new paragraph (v) relating to the accessibility of records
that are photographs, micrographs, videotape or other recorded images
prepared under the authority of this act.

Section 3. Effective date and sunset clause.

 
JUSTIFICATION:

One of the major roles that village government plays is protecting the
safety of their residents. Traffic safety is critical to quality of life
to many Long Islanders. This specific legislation was introduced at the
request of the village of Quogue as a means of addressing an increasing
problem of excessive vehicle speeds. It would enable the village to
establish a demonstration program imposing monetary liability on the
owner of a vehicle for failure of an operator to comply with posted
maximum speed limits to provide an additional tool in protecting the
lives of motorists, pedestrians and bicyclists.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law and shall expire December 1, 2030 when upon such date the
provisions of this act shall be deemed repealed.

2025-S7946A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7946--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 14, 2025
                                ___________
 
 Introduced  by  Sen. PALUMBO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee
 
 AN ACT to amend the vehicle and traffic law and the public officers law,
   in relation to authorizing the village of Quogue in the town of South-
   ampton, county of Suffolk to establish a demonstration program  impos-
   ing  monetary  liability  on  the owner of a vehicle for failure of an
   operator thereof to comply  with  posted  maximum  speed  limits;  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-h to read as follows:
   §  1180-H.  OWNER LIABILITY FOR FAILURE OF THE OPERATOR TO COMPLY WITH
 CERTAIN POSTED MAXIMUM SPEED LIMITS; VILLAGE OF QUOGUE, TOWN  OF  SOUTH-
 AMPTON, COUNTY OF SUFFOLK. (A) 1. NOTWITHSTANDING ANY OTHER PROVISION OF
 LAW,  THE  VILLAGE  OF  QUOGUE,  IN  THE  TOWN OF SOUTHAMPTON, COUNTY OF
 SUFFOLK IS HEREBY AUTHORIZED TO ESTABLISH A DEMONSTRATION PROGRAM IMPOS-
 ING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPER-
 ATOR THEREOF TO COMPLY WITH POSTED MAXIMUM SPEED LIMITS ON ANY  ROAD  IN
 SUCH  VILLAGE  IN  ACCORDANCE  WITH THE PROVISIONS OF THIS SECTION. SUCH
 VILLAGE,  FOR  PURPOSES  OF  THE  IMPLEMENTATION  OF  THE  DEMONSTRATION
 PROGRAM,  SHALL  OPERATE PHOTO SPEED VIOLATION MONITORING SYSTEMS WITHIN
 SUCH VILLAGE AT NO MORE THAN FIVE LOCATIONS AT ANY ONE TIME  DURING  ANY
 YEAR  OF SUCH PROGRAM. SUCH PHOTO SPEED VIOLATION MONITORING SYSTEMS MAY
 BE STATIONARY OR MOBILE AND SHALL BE ACTIVATED AT LOCATIONS SELECTED  BY
 SUCH  VILLAGE.  SUCH  PHOTO  SPEED VIOLATION MONITORING SYSTEMS SHALL BE
 PLACED AT LOCATIONS BASED ON CRITERIA,  INCLUDING  BUT  NOT  LIMITED  TO
 WHETHER  THE  LOCATION  IS  WITHIN  A QUARTER MILE OF A SCHOOL, SPEEDING
 DATA, ACCIDENT HISTORY, PROXIMITY TO FACILITIES FOR SENIOR  CITIZENS  OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13041-03-5

 S. 7946--A                          2
 
 DISABLED  PERSONS,  ROADWAY  GEOMETRY  AND EQUITABLE GEOGRAPHIC DISTRIB-
 UTION.
   2.  NO  PHOTO  SPEED  VIOLATION  MONITORING  SYSTEM SHALL BE USED IN A
 VILLAGE AUTHORIZED TO ESTABLISH A DEMONSTRATION PROGRAM PURSUANT TO THIS
 SECTION UNLESS (I) ON THE DAY IT IS  TO  BE  USED  IT  HAS  SUCCESSFULLY
 PASSED A SELF-TEST OF ITS FUNCTIONS; AND (II) IT HAS UNDERGONE AN ANNUAL
 CALIBRATION  CHECK PERFORMED PURSUANT TO PARAGRAPH FOUR OF THIS SUBDIVI-
 SION. THE VILLAGE 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  SPEED  ZONE
 AND/OR  ON  SPEED  LIMIT  SIGNS  APPLICABLE  WITHIN  SUCH 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 VILLAGE 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 VILLAGE 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 VILLAGE 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 PROGRAMS SHALL UTILIZE  NECESSARY  TECHNOLO-
 GIES 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, HOWEV-
 ER, 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 VILLAGE 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 VILLAGE 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
 THE  VILLAGE  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
 S. 7946--A                          3
 
 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)  WHERE  THE  VILLAGE  OF  QUOGUE  HAS  ESTABLISHED 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,  IN VIOLATION OF SUBDIVISION (C) OR (D) OF SECTION
 ELEVEN HUNDRED EIGHTY OF THIS ARTICLE, 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 PENAL-
 TY IMPOSED PURSUANT TO THIS SECTION WHERE THE OPERATOR OF  SUCH  VEHICLE
 HAS BEEN CONVICTED OF THE UNDERLYING VIOLATION OF SUBDIVISION (C) OR (D)
 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
 S. 7946--A                          4
 
 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; AND
   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 SPEED ZONE IN VIOLATION OF  SUBDIVISION
 (C)  OR  (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE IN ACCORD-
 ANCE WITH THE PROVISIONS OF THIS SECTION.
   (D) A CERTIFICATE, SWORN TO OR AFFIRMED BY A  TECHNICIAN  EMPLOYED  BY
 THE  COUNTY  IN  WHICH  THE  CHARGED VIOLATION OCCURRED OR ITS VENDOR OR
 CONTRACTOR, OR A FACSIMILE THEREOF,  BASED  UPON  INSPECTION  OF  PHOTO-
 GRAPHS, 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, VIDE-
 OTAPE  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 THIS SECTION.
   (E)  AN  OWNER  LIABLE  FOR  A  VIOLATION OF SUBDIVISION (C) OR (D) OF
 SECTION ELEVEN HUNDRED EIGHTY OF  THIS  ARTICLE  PURSUANT  TO  A  DEMON-
 STRATION  PROGRAM  ESTABLISHED  PURSUANT TO THIS SECTION SHALL BE LIABLE
 FOR MONETARY PENALTIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND PENAL-
 TIES PROMULGATED BY  THE  PARKING  VIOLATIONS  BUREAU  OF  SUCH  COUNTY;
 PROVIDED,  HOWEVER,  THAT THE MONETARY PENALTY FOR DRIVING AT A SPEED IN
 EXCESS OF THE MAXIMUM SPEED LIMIT BY TEN OR MORE MILES PER HOUR AND LESS
 THAN THIRTY MILES PER HOUR SHALL NOT EXCEED FIFTY DOLLARS, AND THE MONE-
 TARY PENALTY FOR DRIVING IN EXCESS OF THE MAXIMUM SPEED LIMIT BY  THIRTY
 OR  MORE  MILES PER HOUR SHALL NOT EXCEED ONE HUNDRED DOLLARS; PROVIDED,
 FURTHER, THAT AN OWNER SHALL BE LIABLE FOR AN ADDITIONAL PENALTY NOT  TO
 EXCEED 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 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 SUBDIVISION
 (C) OR (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE 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
 (C) OR (D) OF SECTION ELEVEN HUNDRED EIGHTY 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, 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.
 S. 7946--A                          5
 
   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  AGENCY
 OR  AGENCIES  DESIGNATED BY THE VILLAGE AUTHORIZED TO IMPLEMENT A DEMON-
 STRATION PROGRAM PURSUANT TO THIS SECTION.
   (H) IF AN OWNER OF A VEHICLE RECEIVES A NOTICE OF  LIABILITY  PURSUANT
 TO  THIS  SECTION  FOR  ANY  TIME  PERIOD  DURING WHICH 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 SUBDIVI-
 SION (C) OR (D) OF SECTION ELEVEN HUNDRED EIGHTY OF  THIS  ARTICLE  THAT
 THE  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 SUFFICIENT THAT AN ORIGINAL INCIDENT FORM ISSUED BY THE POLICE ON THE
 STOLEN VEHICLE BE SENT BY FIRST CLASS MAIL TO THE JUSTICE COURT OF  SAID
 VILLAGE.
   (I)  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 (C) OR (D) OF SECTION
 ELEVEN HUNDRED EIGHTY OF THIS ARTICLE, PROVIDED THAT:
   (I) PRIOR TO THE VIOLATION, THE LESSOR HAS FILED WITH SUCH VILLAGE  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 VILLAGE
 OF THE DATE AND TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFORMATION
 CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY,  THE  LESSOR  SUBMITS  TO
 SUCH  COURT  THE  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 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.
   (J) 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.
   (K)  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.
   (L)  WHERE THE VILLAGE OF QUOGUE ADOPTS A DEMONSTRATION PROGRAM PURSU-
 ANT TO SUBDIVISION (A) OF THIS SECTION,  SUCH  VILLAGE  SHALL  SUBMIT  A
 REPORT  ON  THE  RESULTS  OF THE USE OF PHOTO SPEED VIOLATION MONITORING
 SYSTEMS TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE  AND  THE
 S. 7946--A                          6
 
 SPEAKER OF THE ASSEMBLY ON OR BEFORE THE FIRST DAY OF JUNE NEXT SUCCEED-
 ING  THE  EFFECTIVE  DATE  OF  THIS SECTION 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 PHOTO SPEED VIOLATION MONITOR-
 ING SYSTEMS WERE USED;
   2.  THE NUMBER OF VIOLATIONS RECORDED AT EACH SUCH LOCATION AND IN THE
 AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS;
   3. THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED;
   4. THE NUMBER OF FINES AND TOTAL AMOUNT  OF  FINES  PAID  AFTER  FIRST
 NOTICE OF LIABILITY;
   5.  THE  NUMBER  OF VIOLATIONS ADJUDICATED AND RESULTS OF SUCH ADJUDI-
 CATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE;
   6. THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH VILLAGE; AND
   7. QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
   § 2. Subdivision 2 of section 87 of the public officers law is amended
 by adding a new paragraph (v) to read as follows:
   (V) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS,  VIDEOTAPE  OR  OTHER  RECORDED
 IMAGES  PREPARED  UNDER THE AUTHORITY OF SECTION ELEVEN HUNDRED EIGHTY-H
 OF THE VEHICLE AND TRAFFIC LAW.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have  become a law and shall expire December 1, 2030 when upon such date
 the provisions of this act shall be deemed repealed.

2025-S7946B (ACTIVE) - Details

See Assembly Version of this Bill:: A8506
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §1180-h, V & T L; amd §87, Pub Off L

2025-S7946B (ACTIVE) - Summary

2025-S7946B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7946B

SPONSOR: PALUMBO
 
TITLE OF BILL:

An act to amend the vehicle and traffic law and the public officers law,
in relation to authorizing the village of Quogue in the town of South-
ampton, county of Suffolk 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; and providing for
the repeal of such provisions upon expiration thereof

 
PURPOSE:

Authorizes the village of Quogue, Town of Southampton, in Suffolk County
to establish demonstration programs imposing monetary liability for
failure of operators to comply with posted speed limits.

 
SUMMARY OF PROVISIONS:

Section 1. The vehicle and traffic law is amended by adding a new
section 1180-h authorizing the village of Quogue to establish a demon-

stration program imposing monetary liability on the owner of a vehicle
for failure of an operator thereof to comply with posted maximum speed
limits. It permits the village to operate photo speed violation monitor-
ing systems at no more than five locations, based on specific criteria,
at any one time during any year of the demonstration program. It sets
forth provisions governing the operation of the speed violation monitor-
ing system. All revenues from the program shall be directed toward law
enforcement purposes within the village of Quogue.

Section 2. Amends subdivision 2 of section 87 of the public officers law
by adding a new paragraph (v) relating to the accessibility of records
that are photographs, micrographs, videotape or other recorded images
prepared under the authority of this act.

Section 3. Effective date and sunset clause.

 
JUSTIFICATION:

One of the major roles that village government plays is protecting the
safety of their residents. Traffic safety is critical to quality of life
to many Long Islanders. This specific legislation was introduced at the
request of the village of Quogue as a means of addressing an increasing
problem of excessive vehicle speeds. It would enable the village to
establish a demonstration program imposing monetary liability on the
owner of a vehicle for failure of an operator to comply with posted
maximum speed limits to provide an additional tool in protecting the
lives of motorists, pedestrians and bicyclists.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law and shall expire December 1, 2030 when upon such date the
provisions of this act shall be deemed repealed.

2025-S7946B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7946--B
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 14, 2025
                                ___________
 
 Introduced  by  Sen. PALUMBO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to  said  committee  --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee

 AN ACT to amend the vehicle and traffic law and the public officers law,
   in relation to authorizing the village of Quogue in the town of South-
   ampton,  county of Suffolk to establish a demonstration program impos-
   ing monetary liability on the owner of a vehicle  for  failure  of  an
   operator  thereof  to  comply  with  posted  maximum speed limits; 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-h to read as follows:
   § 1180-H. OWNER LIABILITY FOR FAILURE OF THE OPERATOR TO  COMPLY  WITH
 CERTAIN  POSTED  MAXIMUM SPEED LIMITS; VILLAGE OF QUOGUE, TOWN OF SOUTH-
 AMPTON, COUNTY OF SUFFOLK. (A) 1. NOTWITHSTANDING ANY OTHER PROVISION OF
 LAW, THE VILLAGE OF QUOGUE,  IN  THE  TOWN  OF  SOUTHAMPTON,  COUNTY  OF
 SUFFOLK IS HEREBY AUTHORIZED TO ESTABLISH A DEMONSTRATION PROGRAM IMPOS-
 ING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPER-
 ATOR  THEREOF  TO COMPLY WITH POSTED MAXIMUM SPEED LIMITS ON ANY ROAD IN
 SUCH VILLAGE IN ACCORDANCE WITH THE PROVISIONS  OF  THIS  SECTION.  SUCH
 VILLAGE,  FOR  PURPOSES  OF  THE  IMPLEMENTATION  OF  THE  DEMONSTRATION
 PROGRAM, SHALL OPERATE PHOTO SPEED VIOLATION MONITORING  SYSTEMS  WITHIN
 SUCH  VILLAGE  AT NO MORE THAN FIVE LOCATIONS AT ANY ONE TIME DURING ANY
 YEAR OF SUCH PROGRAM. SUCH PHOTO SPEED VIOLATION MONITORING SYSTEMS  MAY
 BE  STATIONARY OR MOBILE AND SHALL BE ACTIVATED AT LOCATIONS SELECTED BY
 SUCH VILLAGE. SUCH PHOTO SPEED VIOLATION  MONITORING  SYSTEMS  SHALL  BE
 PLACED  AT  LOCATIONS  BASED  ON  CRITERIA, INCLUDING BUT NOT LIMITED TO
 WHETHER THE LOCATION IS WITHIN A QUARTER  MILE  OF  A  SCHOOL,  SPEEDING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13041-04-5

 S. 7946--B                          2
 
 DATA,  ACCIDENT  HISTORY, PROXIMITY TO FACILITIES FOR SENIOR CITIZENS OR
 DISABLED PERSONS, ROADWAY GEOMETRY  AND  EQUITABLE  GEOGRAPHIC  DISTRIB-
 UTION.
   2.  NO  PHOTO  SPEED  VIOLATION  MONITORING  SYSTEM SHALL BE USED IN A
 VILLAGE AUTHORIZED TO ESTABLISH A DEMONSTRATION PROGRAM PURSUANT TO THIS
 SECTION UNLESS (I) ON THE DAY IT IS  TO  BE  USED  IT  HAS  SUCCESSFULLY
 PASSED A SELF-TEST OF ITS FUNCTIONS; AND (II) IT HAS UNDERGONE AN ANNUAL
 CALIBRATION  CHECK PERFORMED PURSUANT TO PARAGRAPH FOUR OF THIS SUBDIVI-
 SION. THE VILLAGE 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  SPEED  ZONE
 AND/OR  ON  SPEED  LIMIT  SIGNS  APPLICABLE  WITHIN  SUCH 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 VILLAGE 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 VILLAGE 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 VILLAGE 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 PROGRAMS SHALL UTILIZE  NECESSARY  TECHNOLO-
 GIES 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, HOWEV-
 ER, 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 VILLAGE 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 VILLAGE 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
 THE  VILLAGE  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
 S. 7946--B                          3
 
 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) WHERE THE  VILLAGE  OF  QUOGUE  HAS  ESTABLISHED  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, IN VIOLATION OF SUBDIVISION (C) OR  (D)  OF  SECTION
 ELEVEN  HUNDRED  EIGHTY OF THIS ARTICLE, 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 PENAL-
 TY  IMPOSED  PURSUANT TO THIS SECTION WHERE THE OPERATOR OF SUCH VEHICLE
 HAS BEEN CONVICTED OF THE UNDERLYING VIOLATION OF SUBDIVISION (C) OR (D)
 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
 S. 7946--B                          4
 
 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; AND
   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 SPEED ZONE IN VIOLATION OF  SUBDIVISION
 (C)  OR  (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE IN ACCORD-
 ANCE WITH THE PROVISIONS OF THIS SECTION.
   (D) A CERTIFICATE, SWORN TO OR AFFIRMED BY A  TECHNICIAN  EMPLOYED  BY
 THE  COUNTY  IN  WHICH  THE  CHARGED VIOLATION OCCURRED OR ITS VENDOR OR
 CONTRACTOR, OR A FACSIMILE THEREOF,  BASED  UPON  INSPECTION  OF  PHOTO-
 GRAPHS, 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, VIDE-
 OTAPE  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 THIS SECTION.
   (E)  AN  OWNER  LIABLE  FOR  A  VIOLATION OF SUBDIVISION (C) OR (D) OF
 SECTION ELEVEN HUNDRED EIGHTY OF  THIS  ARTICLE  PURSUANT  TO  A  DEMON-
 STRATION  PROGRAM  ESTABLISHED  PURSUANT TO THIS SECTION SHALL BE LIABLE
 FOR MONETARY PENALTIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND PENAL-
 TIES PROMULGATED BY  THE  PARKING  VIOLATIONS  BUREAU  OF  SUCH  COUNTY;
 PROVIDED,  HOWEVER,  THAT THE MONETARY PENALTY FOR DRIVING AT A SPEED IN
 EXCESS OF THE MAXIMUM SPEED LIMIT BY TEN OR MORE MILES PER HOUR AND LESS
 THAN THIRTY MILES PER HOUR SHALL NOT EXCEED FIFTY DOLLARS, AND THE MONE-
 TARY PENALTY FOR DRIVING IN EXCESS OF THE MAXIMUM SPEED LIMIT BY  THIRTY
 OR  MORE  MILES PER HOUR SHALL NOT EXCEED ONE HUNDRED DOLLARS; PROVIDED,
 FURTHER, THAT AN OWNER SHALL BE LIABLE FOR AN ADDITIONAL PENALTY NOT  TO
 EXCEED TWENTY-FIVE DOLLARS FOR EACH VIOLATION FOR THE FAILURE TO RESPOND
 TO  A  NOTICE  OF LIABILITY WITHIN THE PRESCRIBED TIME PERIOD.  NOTWITH-
 STANDING ANY INCONSISTENT PROVISIONS OF LAW TO THE CONTRARY, ALL  REVEN-
 UES FROM THE PROGRAM ESTABLISHED PURSUANT TO THIS SECTION SHALL BE DEDI-
 CATED TO LAW ENFORCEMENT PURPOSES WITHIN THE VILLAGE OF QUOGUE.
   (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 SUBDIVISION
 (C) OR (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE 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
 (C) OR (D) OF SECTION ELEVEN HUNDRED EIGHTY 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, THE IDENTIFICATION NUMBER OF THE CAMERA WHICH
 RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER,  AT  LEAST  TWO
 S. 7946--B                          5

 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 AGENCY
 OR AGENCIES DESIGNATED BY THE VILLAGE AUTHORIZED TO IMPLEMENT  A  DEMON-
 STRATION PROGRAM PURSUANT TO THIS SECTION.
   (H)  IF  AN OWNER OF A VEHICLE RECEIVES A NOTICE OF LIABILITY PURSUANT
 TO THIS SECTION FOR ANY  TIME  PERIOD  DURING  WHICH  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  SUBDIVI-
 SION  (C)  OR  (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE THAT
 THE 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 SUFFICIENT THAT AN ORIGINAL INCIDENT FORM ISSUED BY THE POLICE ON THE
 STOLEN  VEHICLE BE SENT BY FIRST CLASS MAIL TO THE JUSTICE COURT OF SAID
 VILLAGE.
   (I) 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 (C)  OR  (D)  OF  SECTION
 ELEVEN HUNDRED EIGHTY OF THIS ARTICLE, PROVIDED THAT:
   (I)  PRIOR TO THE VIOLATION, THE LESSOR HAS FILED WITH SUCH VILLAGE 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 VILLAGE
 OF THE DATE AND TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFORMATION
 CONTAINED  IN  THE  ORIGINAL  NOTICE OF LIABILITY, THE LESSOR SUBMITS TO
 SUCH COURT THE 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 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.
   (J)  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.
   (K) 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.
 S. 7946--B                          6
 
   (L) WHERE THE VILLAGE OF QUOGUE ADOPTS A DEMONSTRATION PROGRAM  PURSU-
 ANT  TO  SUBDIVISION  (A)  OF  THIS SECTION, SUCH VILLAGE SHALL SUBMIT A
 REPORT ON THE RESULTS OF THE USE OF  PHOTO  SPEED  VIOLATION  MONITORING
 SYSTEMS  TO  THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE
 SPEAKER OF THE ASSEMBLY ON OR BEFORE THE FIRST DAY OF JUNE NEXT SUCCEED-
 ING  THE  EFFECTIVE  DATE  OF  THIS SECTION 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 PHOTO SPEED VIOLATION MONITOR-
 ING SYSTEMS WERE USED;
   2.  THE NUMBER OF VIOLATIONS RECORDED AT EACH SUCH LOCATION AND IN THE
 AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS;
   3. THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED;
   4. THE NUMBER OF FINES AND TOTAL AMOUNT  OF  FINES  PAID  AFTER  FIRST
 NOTICE OF LIABILITY;
   5.  THE  NUMBER  OF VIOLATIONS ADJUDICATED AND RESULTS OF SUCH ADJUDI-
 CATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE;
   6. THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH VILLAGE; AND
   7. QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
   § 2. Subdivision 2 of section 87 of the public officers law is amended
 by adding a new paragraph (v) to read as follows:
   (V) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS,  VIDEOTAPE  OR  OTHER  RECORDED
 IMAGES  PREPARED  UNDER THE AUTHORITY OF SECTION ELEVEN HUNDRED EIGHTY-H
 OF THE VEHICLE AND TRAFFIC LAW.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have  become a law and shall expire December 1, 2030 when upon such date
 the provisions of this act shall be deemed repealed.

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Senate Bill S7946B

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Bill Amendments

2025-S7946 - Details

2025-S7946 - Summary

2025-S7946 - Sponsor Memo

2025-S7946 - Bill Text download pdf

2025-S7946A - Details

2025-S7946A - Summary

2025-S7946A - Sponsor Memo

2025-S7946A - Bill Text download pdf

2025-S7946B (ACTIVE) - Details

2025-S7946B (ACTIVE) - Summary

2025-S7946B (ACTIVE) - Sponsor Memo

2025-S7946B (ACTIVE) - Bill Text download pdf

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Senate Bill S7946B

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Sponsored By

Anthony H. Palumbo

Current Bill Status - In Senate Committee Transportation Committee

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Bill Amendments

2025-S7946 - Details

2025-S7946 - Summary

2025-S7946 - Sponsor Memo

2025-S7946 - Bill Text download pdf

2025-S7946A - Details

2025-S7946A - Summary

2025-S7946A - Sponsor Memo

2025-S7946A - Bill Text download pdf

2025-S7946B (ACTIVE) - Details

2025-S7946B (ACTIVE) - Summary

2025-S7946B (ACTIVE) - Sponsor Memo

2025-S7946B (ACTIVE) - Bill Text download pdf

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