S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8329
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               June 3, 2025
                                ___________
 
 Introduced  by  Sen.  WEBER  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the vehicle and traffic law and the public officers law,
   in relation to authorizing the town of Ramapo to  establish  a  school
   speed zone demonstration program; 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 OPERATOR TO COMPLY WITH
 CERTAIN POSTED MAXIMUM SPEED LIMITS; RAMAPO. (A) 1. NOTWITHSTANDING  ANY
 OTHER  PROVISION  OF  LAW,  THE  TOWN  OF RAMAPO 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 TOWN  (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 IMME-
 DIATELY BEFORE AND UP TO THIRTY MINUTES IMMEDIATELY AFTER  SUCH  STUDENT
 ACTIVITIES.  SUCH DEMONSTRATION PROGRAM SHALL EMPOWER THE TOWN OF RAMAPO
 TO INSTALL PHOTO SPEED VIOLATION MONITORING SYSTEMS WITHIN NO MORE  THAN
 TWENTY  SCHOOL SPEED ZONES WITHIN SUCH TOWN AT ANY ONE TIME AND TO OPER-
 ATE SUCH SYSTEMS WITHIN SUCH ZONES (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13293-01-5
              

 S. 8329                             2
 
 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 ACTIV-
 ITIES  AT  THE SCHOOL AND UP TO THIRTY MINUTES IMMEDIATELY BEFORE AND UP
 TO THIRTY MINUTES IMMEDIATELY AFTER SUCH STUDENT ACTIVITIES. IN  SELECT-
 ING  A  SCHOOL  SPEED ZONE IN WHICH TO INSTALL AND OPERATE A PHOTO SPEED
 VIOLATION MONITORING SYSTEM, THE TOWN SHALL CONSIDER CRITERIA INCLUDING,
 BUT NOT LIMITED TO, THE SPEED DATA, CRASH HISTORY, AND THE ROADWAY GEOM-
 ETRY 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  TOWN  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 SUCH  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 TOWN  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 TOWN 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 TOWN 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 TOWN 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
 TOWN  UPON THE FINAL RESOLUTION OF THE NOTICE OF LIABILITY TO WHICH SUCH
 S. 8329                             3
 
 PHOTOGRAPHS,  MICROPHOTOGRAPHS,  VIDEOTAPE  OR  OTHER  RECORDED   IMAGES
 RELATE,  OR  ONE  YEAR  FOLLOWING THE DATE OF ISSUANCE OF SUCH NOTICE OF
 LIABILITY, WHICHEVER IS LATER. NOTWITHSTANDING  THE  PROVISIONS  OF  ANY
 OTHER  LAW, RULE OR REGULATION TO THE CONTRARY, PHOTOGRAPHS, MICROPHOTO-
 GRAPHS, VIDEOTAPE OR  ANY  OTHER  RECORDED  IMAGE  FROM  A  PHOTO  SPEED
 VIOLATION MONITORING SYSTEM SHALL NOT BE OPEN TO THE PUBLIC, NOR SUBJECT
 TO  CIVIL  OR  CRIMINAL  PROCESS  OR DISCOVERY, NOR USED BY ANY COURT OR
 ADMINISTRATIVE OR ADJUDICATORY BODY IN ANY ACTION OR PROCEEDING  THEREIN
 EXCEPT  THAT  WHICH  IS  NECESSARY  FOR  THE ADJUDICATION OF A NOTICE OF
 LIABILITY ISSUED PURSUANT TO THIS  SECTION,  AND  NO  PUBLIC  ENTITY  OR
 EMPLOYEE,  OFFICER  OR  AGENT  THEREOF  SHALL DISCLOSE SUCH INFORMATION,
 EXCEPT THAT SUCH PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR  ANY  OTHER
 RECORDED IMAGES FROM SUCH SYSTEMS:
   (A) SHALL BE AVAILABLE FOR INSPECTION AND COPYING AND USE BY THE MOTOR
 VEHICLE  OWNER AND OPERATOR FOR SO LONG AS SUCH PHOTOGRAPHS, MICROPHOTO-
 GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES ARE REQUIRED TO BE MAINTAINED
 OR ARE MAINTAINED BY SUCH PUBLIC ENTITY, EMPLOYEE, OFFICER OR AGENT; AND
   (B) (1) SHALL BE FURNISHED WHEN DESCRIBED IN A SEARCH  WARRANT  ISSUED
 BY A COURT AUTHORIZED TO ISSUE SUCH A SEARCH WARRANT PURSUANT TO ARTICLE
 SIX  HUNDRED  NINETY  OF  THE  CRIMINAL PROCEDURE LAW OR A FEDERAL COURT
 AUTHORIZED TO ISSUE SUCH A SEARCH WARRANT UNDER FEDERAL LAW, WHERE  SUCH
 SEARCH  WARRANT  STATES  THAT  THERE IS REASONABLE CAUSE TO BELIEVE SUCH
 INFORMATION CONSTITUTES EVIDENCE OF, OR TENDS  TO  DEMONSTRATE  THAT,  A
 MISDEMEANOR  OR  FELONY  OFFENSE  WAS COMMITTED IN THIS STATE OR ANOTHER
 STATE, OR THAT A PARTICULAR PERSON PARTICIPATED IN THE COMMISSION  OF  A
 MISDEMEANOR  OR FELONY OFFENSE IN THIS STATE OR ANOTHER STATE, PROVIDED,
 HOWEVER, THAT IF SUCH OFFENSE WAS AGAINST THE LAWS OF ANOTHER STATE, THE
 COURT SHALL ONLY ISSUE A WARRANT IF THE CONDUCT COMPRISING SUCH  OFFENSE
 WOULD,  IF  OCCURRING  IN THIS STATE, CONSTITUTE A MISDEMEANOR OR FELONY
 AGAINST THE LAWS OF THIS STATE; AND
   (2) SHALL BE FURNISHED IN RESPONSE TO A SUBPOENA DUCES TECUM SIGNED BY
 A JUDGE OF COMPETENT JURISDICTION AND ISSUED  PURSUANT  TO  ARTICLE  SIX
 HUNDRED  TEN OF THE CRIMINAL PROCEDURE LAW OR A JUDGE OR MAGISTRATE OF A
 FEDERAL COURT AUTHORIZED TO ISSUE SUCH  A  SUBPOENA  DUCES  TECUM  UNDER
 FEDERAL LAW, WHERE THE JUDGE FINDS AND THE SUBPOENA STATES THAT THERE IS
 REASONABLE CAUSE TO BELIEVE SUCH INFORMATION IS RELEVANT AND MATERIAL TO
 THE  PROSECUTION,  OR THE DEFENSE, OR THE INVESTIGATION BY AN AUTHORIZED
 LAW ENFORCEMENT OFFICIAL, OF THE ALLEGED COMMISSION OF A MISDEMEANOR  OR
 FELONY  IN  THIS STATE OR ANOTHER STATE, PROVIDED, HOWEVER, THAT IF SUCH
 OFFENSE WAS AGAINST THE LAWS OF ANOTHER STATE, SUCH JUDGE OR  MAGISTRATE
 SHALL  ONLY  ISSUE  SUCH SUBPOENA IF THE CONDUCT COMPRISING SUCH OFFENSE
 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 TOWN OF RAMAPO 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-
 S. 8329                             4
 
 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
 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 TOWN OF RAMAPO, 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 TOWN
 OF RAMAPO. THE LIABILITY OF THE OWNER PURSUANT TO THIS SECTION SHALL NOT
 EXCEED  FIFTY  DOLLARS  FOR EACH VIOLATION; PROVIDED, HOWEVER, THAT SUCH
 PARKING VIOLATIONS BUREAU 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
 S. 8329                             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 SUCH 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 TOWN OF
 RAMAPO, 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 BY THIS SECTION
 SHALL BE BY THE TOWN OF RAMAPO PARKING VIOLATIONS BUREAU.
   (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 TOWN OF RAMAPO PARKING VIOLATIONS BUREAU  OR  BY  ANY  OTHER  ENTITY
 AUTHORIZED BY THE TOWN TO PREPARE AND MAIL SUCH NOTICE OF LIABILITY.
   (J)  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  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
 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 BUREAU 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.
 S. 8329                             6
 
   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.
   (K)  1.  IF THE OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (C) OR (D)
 OF SECTION ELEVEN HUNDRED  EIGHTY  OF  THIS  ARTICLE  PURSUANT  TO  THIS
 SECTION  WAS  NOT  THE  OPERATOR  OF  THE  VEHICLE  AT  THE  TIME OF THE
 VIOLATION, THE OWNER MAY MAINTAIN AN ACTION FOR INDEMNIFICATION  AGAINST
 THE OPERATOR.
   2.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO OWNER OF A
 VEHICLE SHALL BE SUBJECT TO A MONETARY FINE  IMPOSED  PURSUANT  TO  THIS
 SECTION IF THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH-
 OUT  THE  CONSENT  OF  THE OWNER AT THE TIME SUCH OPERATOR OPERATED SUCH
 VEHICLE IN VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION
 ELEVEN HUNDRED EIGHTY OF THIS ARTICLE. FOR PURPOSES OF THIS  SUBDIVISION
 THERE SHALL BE A PRESUMPTION THAT THE OPERATOR OF SUCH VEHICLE WAS OPER-
 ATING SUCH VEHICLE WITH THE CONSENT OF THE OWNER AT THE TIME SUCH OPERA-
 TOR OPERATED SUCH VEHICLE IN VIOLATION OF SUBDIVISION (B), (C), (D), (F)
 OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
   (L)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
 OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF SUBDIVISION (C) OR  (D)
 OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
   (M) IF THE TOWN 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 TOWN, 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 TOWN, 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;
   6. THE NUMBER OF VIOLATIONS RECORDED WITHIN  ALL  SCHOOL  SPEED  ZONES
 WITHIN THE TOWN 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;
 S. 8329                             7
 
   (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  TOWN  IN  CONNECTION
 WITH THE PROGRAM;
   12.  THE EXPENSES INCURRED BY THE TOWN IN CONNECTION WITH THE PROGRAM;
 AND
   13. THE QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
   (N) 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 (v) to read as follows:
   (V)  ARE  PHOTOGRAPHS,  MICROPHOTOGRAPHS,  VIDEOTAPE OR OTHER RECORDED
 IMAGES PREPARED UNDER AUTHORITY OF SECTION ELEVEN  HUNDRED  EIGHTY-H  OF
 THE VEHICLE AND TRAFFIC LAW.
   §  3.  The  purchase or lease of equipment for a demonstration program
 established pursuant to section 1180-h 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 1, 2031, when upon such date
 the  provisions  of  this  act shall be deemed repealed. Effective imme-
 diately, the addition, amendment and/or repeal of any rule or regulation
 necessary for the implementation of this act on its effective  date  are
 authorized to be made and completed on or before such effective date.