A07333 Summary:

BILL NO    A07333 

SAME AS    Same as S 3748

SPONSOR    Eddington (MS)

COSPNSR    Fields, Sweeney

MLTSPNSR   

Amd SS401, 1809 & 1809-e, add 1111-b, V & T L; amd S87, Pub Off L

Relates to adjudications and owner liability for a violation of traffic-control
signal indications in Suffolk county.

A07333 Actions:

BILL NO    A07333 

03/30/2009 referred to transportation
04/06/2009 reported referred to codes
04/06/2009 reported referred to ways and means
04/06/2009 reported referred to rules
04/06/2009 reported 
04/06/2009 rules report cal.27
04/06/2009 ordered to third reading rules cal.27
04/06/2009 home rule request
04/06/2009 passed assembly
04/06/2009 delivered to senate
04/06/2009 REFERRED TO TRANSPORTATION
04/07/2009 SUBSTITUTED FOR S3748
04/07/2009 3RD READING CAL.151
04/07/2009 HOME RULE REQUEST
04/07/2009 PASSED SENATE
04/07/2009 RETURNED TO ASSEMBLY
04/16/2009 delivered to governor
04/28/2009 signed chap.23

A07333 Votes:

BILL: A07333  DATE: 04/06/2009  MOTION:                       YEA/NAY: 099/035

Abbate  Y  Cahill  NO Englebr Y  Hooper  Y  Maisel  Y  Powell  ER Skartad Y
Alessi  Y  Calhoun Y  Errigo  Y  Hoyt    Y  Markey  Y  Pretlow Y  Spano   Y
Alfano  Y  Camara  ER Espaill Y  Hyer-Sp Y  Mayerso Y  Quinn   NO Stirpe  Y
Amedore Y  Canestr Y  Farrell Y  Jacobs  ER McDonou Y  Rabbitt NO Sweeney Y
Arroyo  Y  Carrozz ER Fields  Y  Jaffee  NO McEneny NO Raia    NO Tedisco ER
Aubry   ER Castro  Y  Finch   NO Jeffrie Y  McKevit Y  Ramos   Y  Thiele  Y
Bacalle Y  Christe Y  Fitzpat NO John    Y  Meng    Y  Reilich NO Titone  ER
Ball    NO Clark   Y  Gabrysz Y  Jordan  NO Miller  NO Reilly  Y  Titus   Y
Barclay NO Colton  NO Galef   Y  Kavanag Y  Millman Y  Rive J  Y  Tobacco Y
Barra   Y  Conte   Y  Gantt   Y  Kellner Y  Molinar NO Rive N  ER Towns   ER
Barron  Y  Cook    Y  Gianari Y  Kolb    Y  Morelle Y  Rive PM NO Townsen NO
Benedet ER Corwin  NO Giglio  NO Koon    NO Nolan   ER Robinso ER Walker  Y
Benjami Y  Crouch  NO Glick   Y  Lancman Y  Oaks    NO Rosenth Y  Weinste NO
Bing    Y  Cusick  Y  Gordon  Y  Latimer Y  O'Donne Y  Russell ER Weisenb Y
Boyland Y  Cymbrow Y  Gottfri Y  Lavine  Y  O'Mara  NO Saladin Y  Weprin  Y
Boyle   Y  DelMont Y  Greene  Y  Lentol  Y  Ortiz   NO Sayward Y  Wright  Y
Bradley Y  DenDekk Y  Gunther Y  Lifton  Y  Parment Y  Scarbor Y  Zebrows Y
Brennan Y  Destito Y  Hawley  NO Lope PD NO Paulin  Y  Schimel Y  Mr Spkr Y
Brodsky NO Diaz    ER Hayes   NO Lope VJ ER Peoples Y  Schimmi Y
Brook-K Y  Dinowit Y  Heastie NO Lupardo Y  Peralta NO Schroed Y
Burling NO Duprey  Y  Hevesi  NO Magee   Y  Perry   Y  Scozzaf NO
Butler  NO Eddingt Y  Hikind  Y  Magnare Y  Pheffer Y  Seminer ER

A07333 Memo:

BILL NUMBER:A7333

TITLE OF BILL:
An act
to amend the vehicle and traffic law
and the public officers law, in
relation to adjudications and owner liability for a violation of
traffic-control signal indications and providing for the repeal of such
provisions upon expiration thereof

PURPOSE OR GENERAL IDEA OF BILL:

To reduce incidents of red light running in Suffolk County, thereby
enhancing public safety.

SUMMARY OF SPECIFIC PROVISIONS:

The bill authorizes Suffolk County to adopt a local law to implement a
program to install photo violation monitoring devices at up to fifty
intersections, and impose monetary liability of up to fifty dollars
on the owners of vehicles failing to comply with traffic-control
signals. The bill protects the due process rights of vehicle owners
by setting forth provisions for service of notices of liability; the
information required to appear on such notice, including the manner
and time for contesting the alleged liability, and a warning that
failure to contest is deemed an admission of liability and that a
default judgment could be entered; and requiring that such notices of
liability be adjudicated by the court having jurisdiction over
traffic infractions.

The bill prevents liability from being imposed against owners who did
not give their consent to the operation of their vehicle, and
provides for a presumption that the vehicles were operated with the
consent of the owner. It also establishes a defense that traffic
control indications were malfunctioning at the time of the alleged
violation or that the vehicle was stolen and not recovered prior to
the time of the violation. Demonstration program equipment is subject
to section 103 of the general municipal law, and the bill requires
the use of necessary technologies to ensure, to the extent
practicable, that photographs produced by such violation-monitoring
systems do not include images identifying the driver, passengers or
contents of a vehicle, and are exempt from FOIL.

The bill contains provisions under which lessors and rental companies
would not be held liable for violations, authorizes vehicle owners to
maintain actions for indemnification against operators, and requires
the submission of an annual program report to the Legislature and
governor. Finally, the bill would sunset the program on December
1, 2014.

JUSTIFICATION:

Aggressive driving, including running red lights, is a significant
reason for a reported increase in the percentage of fatalities
occurring at intersections as noted by the Insurance Institute for
Highway Safety. Red light running accidents are often the worst type
of accident; they often involve speed and right-angle impacts, which
can lead to the most severe injuries. In New York State, 30% of
reported vehicular accidents in 1998 occurred at signalized
intersections. Of those, 244 involved fatalities, which is just over
17% of all fatal accidents that occurred statewide that year. Of more
than 18,000 pedestrian accidents occurring in the same period, 33%
were at signalized intersections. In Suffolk County alone 41% of
traffic fatalities in 2007 occurred at, or were related to,
intersections; the fatality rate per 100,000 population was 4.75%
that year, up from 3.9% in 2003.

Many cities in the United States already have operational photo
enforcement for catching red light runners, including Beverly Hills,
Los Angeles, Sacramento, San Diego, San Francisco, Boulder
(Colorado), Baltimore, Charlotte, Alexandria and Arlington (Virginia)
and Washington D.C. Photo
enforcement of red light violators has been found to be an effective
enforcement tool in reducing red light running, and in making
intersections safer.

PRIOR LEGISLATIVE HISTORY:

Similar  legislation:    2007-08: A.1231 - Assembly Transportation 2006:
A.3345-A - Assembly Codes 2005: A.3345-A - Assembly Transportation 2004:
A.11683 - Passed Assembly 2002: A.9871 - Passed Assembly

FISCAL IMPLICATIONS:

Undetermined.

EFFECTIVE DATE:

30th day after enactment, to expire and be deemed repealed  December  1,
2014.