A01580 Summary:

BILL NO    A01580A

SAME AS    SAME AS S00198-A

SPONSOR    Lentol

COSPNSR    

MLTSPNSR   

Add S1180-c, V & T L

Authorizes a photo radar demonstration program in cities of one million or more
imposing civil liability upon vehicle owners for maximum speed limit
violations; authorizes such program to install a photo radar device on
McGuinness Boulevard in the borough of Brooklyn; provides for the repeal of
such demonstration program after three years.
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A01580 Actions:

BILL NO    A01580A

01/09/2013 referred to transportation
01/08/2014 referred to transportation
03/31/2014 amend and recommit to transportation
03/31/2014 print number 1580a
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A01580 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        1580--A

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    January 9, 2013
                                      ___________

       Introduced by M. of A. LENTOL -- read once and referred to the Committee
         on Transportation -- recommitted to the Committee on Transportation in
         accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
         amended, ordered reprinted as amended and recommitted to said  commit-
         tee

       AN  ACT  to  amend  the  vehicle  and  traffic law, in relation to civil
         liability of vehicle owners for maximum  speed  limit  violations  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:

    1    Section 1. The vehicle and traffic law is  amended  by  adding  a  new
    2  section 1180-c to read as follows:
    3    S 1180-C. OWNER LIABILITY FOR FAILURE OF OPERATOR TO COMPLY WITH MAXI-
    4  MUM  SPEED  LIMITS. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EACH
    5  CITY WITH A POPULATION OF ONE MILLION OR MORE IS HEREBY  AUTHORIZED  AND
    6  EMPOWERED  TO  ADOPT  AND  AMEND A LOCAL LAW OR ORDINANCE ESTABLISHING A
    7  DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY  ON  THE  OWNER  OF  A
    8  VEHICLE  FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH MAXIMUM SPEED
    9  LIMITS IN SUCH CITY IN ACCORDANCE WITH THE PROVISIONS OF  THIS  SECTION.
   10  SUCH DEMONSTRATION PROGRAM SHALL EMPOWER THE CITY OF NEW YORK TO INSTALL
   11  AND  OPERATE A PHOTO RADAR DEVICE ON MCGUINNESS BOULEVARD IN THE BOROUGH
   12  OF BROOKLYN WITHIN SUCH CITY.
   13    (B) IN ANY CITY WHICH HAS ADOPTED A LOCAL LAW OR ORDINANCE PURSUANT TO
   14  SUBDIVISION (A) OF THIS SECTION, THE OWNER OF A VEHICLE SHALL BE  LIABLE
   15  FOR  A PENALTY IMPOSED PURSUANT TO THIS SECTION IF SUCH VEHICLE WAS USED
   16  OR OPERATED WITH THE PERMISSION OF THE OWNER,  EXPRESS  OR  IMPLIED,  IN
   17  VIOLATION  OF  SUBDIVISION  (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS
   18  ARTICLE, AND SUCH VIOLATION IS EVIDENCED BY INFORMATION OBTAINED FROM  A
   19  PHOTO RADAR SYSTEM; PROVIDED HOWEVER THAT NO OWNER OF A VEHICLE SHALL BE
   20  LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION WHERE THE OPERATOR

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00280-03-4
       A. 1580--A                          2

    1  OF SUCH VEHICLE HAS BEEN CONVICTED OF THE UNDERLYING VIOLATION OF SUBDI-
    2  VISION (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
    3    (C)  FOR  PURPOSES  OF  THIS  SECTION,  "OWNER" SHALL HAVE THE MEANING
    4  PROVIDED IN ARTICLE TWO-B OF THIS CHAPTER. FOR PURPOSES OF THIS SECTION,
    5  "PHOTO RADAR SYSTEM" SHALL MEAN A SPEED  CAMERA  INSTALLED  TO  WORK  IN
    6  CONJUNCTION  WITH  DOPPLER  RADAR AND A COMPUTER MONITORING SYSTEM WHICH
    7  AUTOMATICALLY PRODUCES TWO OR MORE PHOTOGRAPHS, TWO OR MORE  MICROPHOTO-
    8  GRAPHS, A VIDEOTAPE OR OTHER RECORDED IMAGES OF EACH VEHICLE AT THE TIME
    9  IT IS USED OR OPERATED IN VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN
   10  HUNDRED EIGHTY OF THIS ARTICLE.
   11    (D)  A  CERTIFICATE,  SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY
   12  THE CITY IN WHICH THE CHARGED VIOLATION OCCURRED, OR A FACSIMILE  THERE-
   13  OF, BASED UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR
   14  OTHER  RECORDED  IMAGES PRODUCED BY A PHOTO RADAR SYSTEM, SHALL BE PRIMA
   15  FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN. ANY  PHOTOGRAPHS,  MICRO-
   16  PHOTOGRAPHS,  VIDEOTAPE  OR  OTHER  RECORDED  IMAGES  EVIDENCING  SUCH A
   17  VIOLATION SHALL BE AVAILABLE FOR INSPECTION IN ANY PROCEEDING TO ADJUDI-
   18  CATE THE LIABILITY FOR SUCH VIOLATION PURSUANT TO A LOCAL LAW  OR  ORDI-
   19  NANCE ADOPTED PURSUANT TO THIS SECTION.
   20    (E)  AN  OWNER  LIABLE  FOR  A VIOLATION OF SUBDIVISION (D) OF SECTION
   21  ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO A LOCAL LAW  OR  ORDI-
   22  NANCE  ADOPTED  PURSUANT  TO  THIS  SECTION SHALL BE LIABLE FOR MONETARY
   23  PENALTIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND PENALTIES TO BE SET
   24  FORTH IN SUCH LOCAL LAW OR ORDINANCE, EXCEPT THAT IN A  CITY  WHICH,  BY
   25  LOCAL  LAW, HAS AUTHORIZED THE ADJUDICATION OF SUCH OWNER LIABILITY BY A
   26  PARKING VIOLATIONS BUREAU, SUCH SCHEDULE SHALL BE  PROMULGATED  BY  SUCH
   27  BUREAU.    THE LIABILITY OF THE OWNER PURSUANT TO THIS SECTION SHALL NOT
   28  EXCEED ONE HUNDRED DOLLARS FOR EACH VIOLATION; PROVIDED,  HOWEVER,  THAT
   29  SUCH LOCAL LAW OR ORDINANCE MAY PROVIDE FOR AN ADDITIONAL PENALTY NOT IN
   30  EXCESS  OF  TWENTY-FIVE  DOLLARS  FOR  EACH VIOLATION FOR THE FAILURE TO
   31  RESPOND TO A NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME PERIOD.
   32    (F) AN IMPOSITION OF LIABILITY UNDER A LOCAL LAW OR ORDINANCE  ADOPTED
   33  PURSUANT TO THIS SECTION SHALL NOT BE DEEMED A CONVICTION AS AN OPERATOR
   34  AND  SHALL  NOT  BE MADE PART OF THE OPERATING RECORD OF THE PERSON UPON
   35  WHOM SUCH LIABILITY IS IMPOSED  NOR  SHALL  IT  BE  USED  FOR  INSURANCE
   36  PURPOSES IN THE PROVISION OF MOTOR VEHICLE INSURANCE COVERAGE.
   37    (G) 1. A NOTICE OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL TO EACH
   38  PERSON  ALLEGED  TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION
   39  (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE  PURSUANT  TO  THIS
   40  SECTION.  PERSONAL DELIVERY ON THE OWNER SHALL NOT BE REQUIRED. A MANUAL
   41  OR AUTOMATIC RECORD OF MAILING PREPARED IN THE ORDINARY COURSE OF  BUSI-
   42  NESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN.
   43    2.  A  NOTICE  OF  LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE
   44  PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION  OF  SUBDIVISION
   45  (D)  OF  SECTION  ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO THIS
   46  SECTION, THE  REGISTRATION  NUMBER  OF  THE  VEHICLE  INVOLVED  IN  SUCH
   47  VIOLATION,  THE  LOCATION  WHERE SUCH VIOLATION TOOK PLACE, THE DATE AND
   48  TIME OF SUCH VIOLATION AND THE IDENTIFICATION NUMBER OF THE CAMERA WHICH
   49  RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER.
   50    3. THE NOTICE OF LIABILITY  SHALL  CONTAIN  INFORMATION  ADVISING  THE
   51  PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE OR SHE MAY CONTEST
   52  THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO
   53  CONTAIN  A WARNING TO ADVISE THE PERSONS CHARGED THAT FAILURE TO CONTEST
   54  IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF  LIABIL-
   55  ITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
       A. 1580--A                          3

    1    4.  THE  NOTICE  OF LIABILITY SHALL BE PREPARED AND MAILED BY THE CITY
    2  HAVING JURISDICTION OVER THE INTERSECTION WHERE THE VIOLATION  OCCURRED,
    3  OR  BY  ANY OTHER ENTITY AUTHORIZED BY THE CITY TO PREPARE AND MAIL SUCH
    4  NOTIFICATION OF VIOLATION.
    5    (H)  ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION
    6  SHALL BE BY A TRAFFIC VIOLATIONS BUREAU ESTABLISHED PURSUANT TO  SECTION
    7  THREE HUNDRED SEVENTY OF THE GENERAL MUNICIPAL LAW OR, IF THERE BE NONE,
    8  BY  THE  COURT HAVING JURISDICTION OVER TRAFFIC INFRACTIONS, EXCEPT THAT
    9  ANY CITY WHICH HAS ESTABLISHED AN ADMINISTRATIVE TRIBUNAL  TO  HEAR  AND
   10  DETERMINE COMPLAINTS OF TRAFFIC INFRACTIONS CONSTITUTING PARKING, STAND-
   11  ING  OR  STOPPING  VIOLATIONS  MAY, BY LOCAL LAW, AUTHORIZE SUCH ADJUDI-
   12  CATION BY SUCH TRIBUNAL.
   13    (I) IF AN OWNER RECEIVES  A  NOTICE  OF  LIABILITY  PURSUANT  TO  THIS
   14  SECTION FOR ANY TIME PERIOD DURING WHICH THE VEHICLE WAS REPORTED TO THE
   15  POLICE  DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE A VALID DEFENSE TO
   16  AN ALLEGATION OF LIABILITY FOR A VIOLATION OF SUBDIVISION (D) OF SECTION
   17  ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO THIS SECTION THAT  THE
   18  VEHICLE  HAD BEEN REPORTED TO THE POLICE AS STOLEN PRIOR TO THE TIME THE
   19  VIOLATION OCCURRED AND HAD NOT BEEN RECOVERED BY SUCH TIME. FOR PURPOSES
   20  OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION IT SHALL BE SUFFI-
   21  CIENT THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE  STOLEN  VEHICLE
   22  BE  SENT  BY  FIRST  CLASS  MAIL TO THE TRAFFIC VIOLATIONS BUREAU, COURT
   23  HAVING JURISDICTION OR PARKING VIOLATIONS BUREAU.
   24    (J) 1. IN A CITY WHERE THE  ADJUDICATION  OF  LIABILITY  IMPOSED  UPON
   25  OWNERS  PURSUANT  TO THIS SECTION IS BY A TRAFFIC VIOLATIONS BUREAU OR A
   26  COURT HAVING JURISDICTION, AN OWNER WHO IS A  LESSOR  OF  A  VEHICLE  TO
   27  WHICH  A  NOTICE  OF LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION (G) OF
   28  THIS SECTION SHALL NOT BE LIABLE FOR THE VIOLATION OF SUBDIVISION (D) OF
   29  SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE, PROVIDED THAT HE  OR  SHE
   30  SENDS  TO  THE  TRAFFIC VIOLATIONS BUREAU OR COURT HAVING JURISDICTION A
   31  COPY OF THE RENTAL, LEASE OR OTHER SUCH CONTRACT DOCUMENT COVERING  SUCH
   32  VEHICLE  ON  THE DATE OF THE VIOLATION, WITH THE NAME AND ADDRESS OF THE
   33  LESSEE CLEARLY LEGIBLE, WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING  NOTICE
   34  FROM THE BUREAU OR COURT OF THE DATE AND TIME OF SUCH VIOLATION, TOGETH-
   35  ER  WITH  THE  OTHER  INFORMATION  CONTAINED  IN  THE ORIGINAL NOTICE OF
   36  LIABILITY. FAILURE TO SEND SUCH INFORMATION WITHIN SUCH THIRTY-SEVEN DAY
   37  TIME PERIOD SHALL RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED  BY
   38  THIS  SECTION.  WHERE  THE  LESSOR  COMPLIES WITH THE PROVISIONS OF THIS
   39  PARAGRAPH, THE LESSEE OF SUCH VEHICLE ON  THE  DATE  OF  SUCH  VIOLATION
   40  SHALL  BE  DEEMED  TO  BE THE OWNER OF SUCH VEHICLE FOR PURPOSES OF THIS
   41  SECTION, SHALL BE SUBJECT TO LIABILITY FOR THE VIOLATION OF  SUBDIVISION
   42  (D)  OF  SECTION  ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO THIS
   43  SECTION AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO  SUBDIVISION
   44  (G) OF THIS SECTION.
   45    2.  (I) IN A CITY WHICH, BY LOCAL LAW, HAS AUTHORIZED THE ADJUDICATION
   46  OF LIABILITY IMPOSED UPON OWNERS BY THIS SECTION BY A PARKING VIOLATIONS
   47  BUREAU, AN OWNER WHO IS A LESSOR OF A  VEHICLE  TO  WHICH  A  NOTICE  OF
   48  LIABILITY  WAS  ISSUED PURSUANT TO SUBDIVISION (G) OF THIS SECTION SHALL
   49  NOT BE LIABLE FOR THE VIOLATION OF SUBDIVISION  (D)  OF  SECTION  ELEVEN
   50  HUNDRED EIGHTY OF THIS ARTICLE, PROVIDED THAT:
   51    (A)  PRIOR  TO  THE VIOLATION, THE LESSOR HAS FILED WITH THE BUREAU IN
   52  ACCORDANCE WITH THE PROVISIONS OF SECTION  TWO  HUNDRED  THIRTY-NINE  OF
   53  THIS CHAPTER; AND
   54    (B) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE BUREAU OF
   55  THE  DATE  AND  TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFORMATION
   56  CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY, THE LESSOR SUBMITS TO THE
       A. 1580--A                          4

    1  BUREAU THE CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE IDENTI-
    2  FIED IN THE NOTICE OF LIABILITY AT THE TIME OF SUCH VIOLATION,  TOGETHER
    3  WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL, LEASE OR
    4  OTHER  CONTRACT  DOCUMENT,  AS  MAY BE REASONABLY REQUIRED BY THE BUREAU
    5  PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE.
    6    (II) FAILURE TO COMPLY WITH CLAUSE (B) OF  SUBPARAGRAPH  (I)  OF  THIS
    7  PARAGRAPH  SHALL  RENDER  THE OWNER LIABLE FOR THE PENALTY PRESCRIBED IN
    8  THIS SECTION.
    9    (III) WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF THIS PARAGRAPH,
   10  THE LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH VIOLATION SHALL BE DEEMED
   11  TO BE THE OWNER OF SUCH VEHICLE FOR PURPOSES OF THIS SECTION,  SHALL  BE
   12  SUBJECT  TO  LIABILITY  FOR  SUCH VIOLATION PURSUANT TO THIS SECTION AND
   13  SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (G) OF  THIS
   14  SECTION.
   15    (K)  IF THE OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (D) OF SECTION
   16  ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO THIS SECTION  WAS  NOT
   17  THE  OPERATOR OF THE VEHICLE AT THE TIME OF THE VIOLATION, THE OWNER MAY
   18  MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR.
   19    (L) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE  LIABILITY
   20  OF  AN  OPERATOR  OF  A  VEHICLE FOR ANY VIOLATION OF SUBDIVISION (D) OF
   21  SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
   22    (M) THE PHOTO RADAR DEVICES INSTALLED AND  OPERATED  PURSUANT  TO  THE
   23  DEMONSTRATION   PROGRAM,  ESTABLISHED  UNDER  SUBDIVISION  (A)  OF  THIS
   24  SECTION,  SHALL  BE  USED  SOLELY  FOR  THE  PURPOSES  OF  CARRYING  OUT
   25  PHOTO-MONITORING FOR SUCH DEMONSTRATION PROGRAM.
   26    (N) ANY CITY WHICH ADOPTS A DEMONSTRATION PROGRAM PURSUANT TO SUBDIVI-
   27  SION (A) OF THIS SECTION SHALL SUBMIT A REPORT ON THE RESULTS OF THE USE
   28  OF  A PHOTO RADAR SYSTEM TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE
   29  SENATE AND THE SPEAKER OF THE ASSEMBLY  BY  MARCH  FIRST,  TWO  THOUSAND
   30  FIFTEEN.  SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:
   31    1. A DESCRIPTION OF THE LOCATIONS WHERE PHOTO RADAR SYSTEMS WERE USED;
   32    2.  THE NUMBER OF VIOLATIONS RECORDED AT EACH SUCH LOCATION AND IN THE
   33  AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS;
   34    3. THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED;
   35    4. THE NUMBER OF FINES AND TOTAL AMOUNT  OF  FINES  PAID  AFTER  FIRST
   36  NOTICE OF LIABILITY;
   37    5.  THE  NUMBER  OF VIOLATIONS ADJUDICATED AND RESULTS OF SUCH ADJUDI-
   38  CATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE;
   39    6. THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH CITY; AND
   40    7. QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
   41    S 2. This act shall take effect on the thirtieth day  after  it  shall
   42  have  become  a  law and shall remain in full force and effect for three
   43  years after such effective date when upon such date  the  provisions  of
   44  this  act  shall  be  deemed repealed; provided, however, any such local
   45  laws as may be enacted pursuant to this act shall remain in  full  force
   46  and  effect only until the expiration of three years from such effective
   47  date.
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